While in the Americas cannabis policy reform is taking off, Europe seems to be lagging behind. At the level of national governments denial of the changing policy landscape and inertia to act upon calls for change reigns. At the local level, however, disenchantment with the current cannabis regime gives rise to new idea.
In August 2009, Mexico adopted a new law against small-scale drug dealing, which introduces some significant advances in key subjects, such as the recognising of and distinguishing between user, drug addict and dealer. However it still has significant flaws in continuing to treat demand and supply of drugs as a criminal and market phenomenon that are likely to undermine its successful application.
Proportionality is one of the key principles of the rule of law aiming to protect people from cruel or inhumane treatment. The principle has been established in international and regional human rights agreements and many countries have adopted reflections of it in their constitution or penal code. Its application to drug-related offences is firstly the responsibility of the legislators, in defining the level of penalisation of certain behaviours.