Distinguishing between drug possession for personal use and supply and trafficking is widely acknowledged as one of the most difficult and controversial issues facing drug legislators and policy makers.
In August 2009, the Argentina Supreme Court declared legislation criminalizing drug possession for personal consumption as unconstitutional. This briefing discusses the background of that decision, the small steps taken since, but argues that there is still much to do before a genuine reform agenda can be implemented.
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.
The opening in September 2012 of the first centre for drug addicts in Bogota is a welcome first step towards more humane and effective drug policies in Colombia’s capital city, but to be effective needs to be integrated into proper overall drugs strategy.
In 2007, the Government of New Zealand entrusted an independent agency, the National Law Commission, to review the country’s drug law. New Zealand’s approach to drug law reform may provide lessons for other countries.
David Bewley-Taylor, Martin Jelsma, Christopher Hallam
16 June 2014
Scheduling is mostly prioritised in its repressive pole, though present debates are increasingly highlighting the need to modify the balance of the system in order to affirm the importance of the principle of health.
This report is a personal response from the author on the issue of Drug Policy and The Courts. A year ago, in the author’s professional practice, he felt duty-bound to make a decision that overturned Brazilian case-law and ran contrary to domestic legislation as regards possession of controlled substances.
Sentencing for drug offences in England and Wales has recently undergone a wide-sweeping review and public consultation. The purpose of this report is to examine and evaluate this mechanism for law reform, without the need for legislative reform, and to consider the specific discussion around sentencing for drug offences which it has led to.
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.
There is an undeniable regional trend of moving away from the ‘war on drugs’ in Latin America. This briefing explains the background, summarises the state of ongoing drug law reforms, and makes recommendations to move the debate forward.
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.
A growing number of nations are developing policies that shift away from the prohibition-oriented failed approach to drugs control. Ultimately however nations will need to reform the overall UN based global drug control framework of which practically all nations are a part.
Despite efforts by governments in Latin America, illicit drugs continue to provide one of the largest incomes for criminal organizations, enabling them to penetrate and corrupt political and social institutions.
By taking cues from users’ self-regulation strategies, it is possible to design innovative operational models for drug services as well as drug policies, strengthening Harm Reduction as an alternative approach to the disease model.
This paper discusses the “substance-oriented approach” Dutch authorities implemented to to scare off potential small-scale cocaine smugglers. The focus was on the drugs, rather than the couriers, and on incapacitating the smuggling route, rather than deterrence by incarceration.
Cannabis social clubs in Spain are noncommercial organisations of users who get together to cultivate and distribute enough cannabis to meet their personal needs without having to turn to the black market.