A number of other countries have implemented changes in law that significantly reduce the extent of criminalization of marijuana use. Only in Australia and the Netherlands have there been any changes on the criminalization of the supply side and in neither of those countries is it legal to both produce and sell the drug. The relaxations so far, with the exception of the Netherlands, have not been very great i.e. have not much changed the legal risks faced by a user of marijuana. Thus it is perhaps not surprising that the changes in prevalence of use have not been substantial. This paper provides a brief review of the changes that have been tried outside the US. The emphasis is on the nature of the changes and how they have been implemented rather than on outcomes.
There is no reliable evidence that tougher criminal sanctions deter drug use or offending. On the contrary, criminalisation worsens the health and wellbeing of drug users, increases risk behaviours, drives the spread of HIV, encourages other crime and discourages drug users from seeking treatment. A report by Australia21, Alternatives to Prohibition, subtitled Illicit drugs: how we can stop killing and criminalising young Australians, sets out the lessons learnt about the failed war on drugs from other countries, especially Sweden, Switzerland, the Netherlands and Portugal.
For forty years the Misuse of Drugs Act 1971 has formed the corner stone of drug policy in Britain. The emergence of new psychoactive substances (‘legal highs’) during the past fifteen years or so has challenged the drug control system. The arrival in 2012 of a new psychoactive substance on the market, on average, every six days raises questions about how best to protect young people from unknown and unsafe drugs. The Government is considering this challenge and we hope this Inquiry report will make a helpful contribution to their deliberations.