Threshold quantities (TQs) for drug law and policy are being experimented with across many jurisdictions. States seem attracted to their apparent simplicity and use them to determine, for example, whether: a possession or supply offence is made out (e.g. Greece); a matter should be diverted away from the criminal justice system (e.g. Portugal); or a case should fall within a certain sentencing range (e.g. UK).
On June 2, 2011, the Global Commission on Drug Policy presented its report in New York, calling to break the taboo on debate and reform of international drug control policies. The high-profile panel calls the global war on drugs a failure and recommends a paradigm shift towards harm reduction, decriminalization and legal regulation of cannabis. TNI has been closely involved in the initiative and its Latin American predecessor in an advisory capacity. Martin Jelsma of TNI’s drugs policy programme wrote a background paper for the Commission’s meeting in Geneva earlier this year: The development of international drug control: lessons learned and strategic challenges for the future.
This study commissioned by the Brazilian Ministry of Justice underlines the disparity that exists between the depenalization of drug use and the increased penalization of selling drugs that resulted from the 2006 Law on Drugs. Although the fact that the use of drugs is no longer a crime is certainly progress, it seems disproportionate to establish maximum prison sentences of 5 years for the sale of very minor quantities of drugs. The study was a joint project of the Federal University of Rio de Janeiro, UFRJ, and the University of Brasília UnB that ran from March 2008 and July 2009, supported by the United Nations Development Program, UNDP.
The Sentencing Council for England and Wales initiated a consultation process in order to produce definitive sentencing guidelines for drugs offences for the UK in the future. In order to feed into this process, IDPC, in collaboration with TNI, held an Expert seminar on proportionality in sentencing for drug offences, on 20th May 2011, in London, UK. The seminar was an important gathering of international experts on the subject of proportionality and provided a space for fruitful and in depth discussions on sentencing experiences from around the world. A draft report of the meeting was sent to the Sentencing Council as part of the consultation process on 20th June.
The academic journal Nueva Sociedad recently released an issue to promote the debate in Latin America on drug policy reform. TNI contributed with the paper "Drug policy reform in practice: Experiences with alternatives in Europe and the US".
Rodrigo Uprimny Yepes, Diana Esther Guzmán, Jorge Parra Norato
31 December 2012
In Latin America, trafficking cocaine so it can be sold to someone who wants to use it is more serious than raping a woman or deliberately killing your neighbor. While it may seem incredible, that is the conclusion of a rigorous study of the evolution of criminal legislation in the region, which shows that countries’ judicial systems mete out harsher penalties for trafficking even modest amounts of drugs than for acts as heinous as sexual assault or murder.
The story of the Mexican drug war has generally focused on the violence perpetrated by drug cartels and the apparent inability to bring so many criminals to justice. Unfortunately—while it’s true many have evaded justice—there remain many more people who use drugs and those with very low levels of involvement in the drug trade, who have been swept up in recent crackdowns.
Cultivation and consumption of cannabis is decriminalised to an extent but lack of guidelines causes rogue social clubs to undermine the success of self-regulated social clubs. The result; an unwarranted arrest of three Pannagh activists.
Martin Jelsma, from the Transnational Institute, prepared an analysis for theLatin American Commission on Drugs and Democracy, explaining the drug policy situation in the European Union and the current state of debate in the United Nations agenda. The commission is an initiative born of former presidents Fernando Henrique Cardoso, from Brazil, César Gaviria, from Colombia and Ernesto Zedillo, from Mexico, to respond to concerns related to the problems of drug consumption and traffic in Latin America. The idea to constitute a commission capable of consolidating a debate concerning this problematic also responds to the necessity of reviewing the world drug policies in the scope of the United Nations, which began in March 2008.
Bolletjesslikkers horen niet in de gevangenis. Het berechten en opsluiten van ongeveer vijftienhonderd kleine drugssmokkelaars per jaar heeft geen noemenswaardig effect op de invoer van cocaïne en vormt een zware belasting voor Openbaar Ministerie, rechtbank en gevangenis.
At a press conference in New York on Tuesday 26 October, 2010, at the 65th session of the United Nations General Assembly, one of the UN’s key human rights experts will call for a fundamental rethink of international drug policy. Anand Grover, from India, is the UN Special Rapporteur on the Right of Everyone to the Highest Attainable Standard of Physical and Mental Health, whose mandate is derived from the UN Human Rights Council.
On 19th to 21st April 2016, there will be a United Nations General Assembly Special Session (UNGASS) held in New York, dedicated to the issue of drug policy. The General Assembly is the highest policy making and representative organ of the United Nations (UN), and its infrequent Special Sessions focus on pertinent topics at the request of member states. The UNGASS on drugs has the potential to be a ground-breaking, open debate about the international drug control system – but there is much work to be done to ensure that it fulfils that potential.
Ernestien Jensema, Martin Jelsma, Tom Kramer, Nang Pann Ei Kham, Gloria Lai, Tripti Tandon
16 February 2015
The decision of the Myanmar Government to review drug laws is not only timely, but also offers a prospect to improve the drugs legislation and to ensure that the laws address drug-related problems in the country more effectively.
This paper aims to set out some of the policy and public health issues raised by the appearance of a wide range of emergent psychoactive substances of diverse origin, effect and risk profile (commonly referred to as ‘legal highs’). It will start by considering what is meant by the term ‘legal highs’ and consider the historical context that has framed their appearance and must inform any response. It will then consider some of the approaches that have been adopted by different nations to control their availability and associated harms, including a preliminary assessment of their consequences, both intended and not.
Volkskrant - De Verenigde Naties houden voor het eerst in twintig jaar een conferentie over drugs, op verzoek van drie Latijns-Amerikaanse landen die vinden dat het tijd wordt een alternatief te zoeken voor de War on Drugs.
In December 2017, the Transnational Institute (TNI) and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), on behalf of the Federal Ministry of Economic Cooperation and Development of Germany (BMZ), in collaboration with the Thai Office of the Narcotics Control Board (ONCB) and the Mae Fah Luang Foundation under Royal Patronage (MFLF), jointly organised the 9th Asian Informal Drug Policy Dialogue (IDPD) in Chiang Rai, Thailand.
Anand Grover, UN Special Rapporteur for the occupied Palestinian territories
06 August 2010
The current international system of drug control has focused on creating a drug-free world, almost exclusively through use of law enforcement policies and criminal sanctions. Mounting evidence, however, suggests this approach has failed, primarily because it does not acknowledge the realities of drug use and dependence. While drugs may have a pernicious effect on individual lives and society, this excessively punitive regime has not achieved its stated public health goals, and has resulted in countless human rights violations.
Evan Wood, Moira McKinnon, Robert Strang, Perry R. Kendall
28 March 2012
The use of illegal drugs remains a serious threat to community health. However, despite the substantial social costs attributable to illegal drugs, a well-described discordance between scientific evidence and policy exists in this area, such that most resources go to drug law enforcement activities that have not been well evaluated. When the Office of the Auditor General of Canada last reviewed the country’s drug strategy, in 2001, it estimated that of the $454 million spent annually on efforts to control illicit drugs, $426 million (93.8%) was devoted to law enforcement.