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.
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 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.
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.
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.
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.
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.
Khat has been consumed for thousands of years in the highlands of Eastern Africa and Southern Arabia.Strict bans on khat introduced in Europe ostensibly for the protection of immigrant communities have had severe unintended negative consequences.
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.
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.
In December 2009, the Congress in Colombia passed a reform to the 1991 Constitution, which considered the possession and consumption of certain quantities of drugs for personal use legal, to enact constitutional prohibition. This briefing shows the changes that this constitutional amendment entails and evaluates the principle potential consequences.
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.
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.
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.
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.
To date, the approaches to regulation have varied between nations, both with respect to the nature and specificity of the measures taken and their intended outcome. Such diversity appropriately reflects the marked differences in the existing drug use problems and public health approaches to addressing such issues between nations.
At the end of 2008, about 1,500 persons were released who were in Ecuadorian prisons sentenced for drug trafficking. The measure, known as “pardon for mules,” singled out a specific group of prisoners who were victims of indiscriminate and disproportionate legislation that was in effect for many years.