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55 items
  1. How to determine personal use in drug legislation

    • Grazia Zuffa
    23 August 2011

    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. To address the problem, two solutions are typically enacted: the threshold scheme and the "flexible" model.

     

    Versione italiana (PDF)

  2. "Achterdeur open U"

    • Martin Jelsma
    09 February 2006

    Het Nederlandse cannabisbeleid verkeert al decennia in een internationaalrechtelijke schemerzone, stelt Martin Jelsma van het Transnational Institute (TNI). Nederland gedoogt de verkoop van kleine hoeveelheden softdrugs in coffeeshops (de zogenaamde voordeur), maar de aanvoer ervan (de achterdeur) is tot dusver verboden. In de loop der jaren is hierdoor een omvangrijke illegale sector ontstaan in Nederland die de coffeeshops bevoorraadt met nederwiet. Een kamermeerderheid wil nu het gedoogbeleid uitbreiden door een experiment met een gereguleerde aanvoer van wiet aan de achterdeur van coffeeshops, maar het kabinet is tegen.

  3. Cannabis Policy: Moving Beyond Stalemate

    • Robin Room, Peter Reuter (RAND), Wayne Hall, Benedikt Fischer, Simon Lenton, Amanda Fielding
    01 September 2008

    Despite cannabis being the most widely used illegal drug, and therefore the mainstay of the ‘war on drugs’, it has only ever held a relatively marginal position in international drug policy discussions. Amanda Fielding of the Beckley Foundation decided to convene a team of the world’s leading drug policy analysts to prepare an overview of the latest scientific evidence surrounding cannabis and the policies that control its use. The report of the Beckley Foundation's Global Cannabis Commission is aimed at bringing cannabis to the attention of policymakers and guide decision making.

     

     

     

  4. Mexico: The Law Against Small-Scale Drug Dealing

    • Jorge Hernández Tinajero, Carlos Zamudio Angles
    01 October 2009

    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.

     

  5. Prohibition, a backwards step

    • Diana Esther Guzmán, Rodrigo Uprimny Yepes
    01 January 2010

    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.

     

  6. Drug Policy and the Courts: A Brazilian experience

    • José Henrique Rodrigues Torres
    01 August 2009

    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.

     

  7. Pardon for Mules in Ecuador

    • Pien Metaal
    01 February 2009

    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.

     

  8. Trends in Drug Law Reform in Europe and Latin America

    • Martin Jelsma
    26 January 2010

    This presentation gives a short overview of legislative reforms in Europe and Latin America that provide lessons learned in practice about less punitive approaches intended to reduce drug-related harm to the individual and society.  Evidence suggests that fears that softening drug laws and their enforcement would lead to sharp increases in drug use, have proven untrue.

     

  9. Drugs and Democracy: Toward a Paradigm Shift

    01 February 2009

    The statement presents the main findings of the Latin American Commission on Drugs and Democracy. Prohibitionist policies based on the eradication of production and on the disruption of drug flows as well as on the criminalization of consumption have not yielded the desired results, concludes . We are further than ever from the announced goal of eradicating drugs. Breaking the taboo, acknowledging the failure of current policies and their consequences is the inescapable prerequisite for the discussion of a new paradigm leading to safer, more efficient and humane drug policies.

     

  10. TNI-EMCDDA Expert Seminar on Threshold Quantities

    20 January 2011

    A wider trend for drug law reform is arising out of a felt need to make legislation more effective and more humane. Within this trend, a number of countries have considered decriminalisation or depenalisation models and many have, at least initially, considered threshold quantities as a good way to distinguish between what is possession and what is supply or trafficking and as a means to ensure that the sentences imposed are proportionate to the harmfulness of the offence.

     

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    Drug users and the law in the EU

    • European Monitoring Centre for Drugs, Drug Addiction (EMCDDA)
    01 March 2002

    dif0302Drug laws in the European Union (EU) seek continuously to strike a balance between punishment and treatment. The three United Nations (UN) conventions on drugs, limit drug use exclusively to medical or scientific purposes. While they do not call for illicit use of drugs to be considered a crime, the 1988 Convention — as a step towards tackling international drug trafficking — does identify possession for personal use to be regarded as such.

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  12. Drug Law Reform in Ecuador

    • Sandra Edwards, Coletta Youngers
    01 May 2010

    In Ecuador, the Correa government’s comprehensive justice sector reform project includes significant changes in drug legislation. The country has one of the most punitive drug laws in the hemisphere. In a perversion of justice, those accused of drug offenses are assumed guilty unless they can prove their innocence, mandatory minimum sentencing guidelines ensure excessively long sentences and arrest quotas have led to the imprisonment of growing numbers of those at the lowest end of the drug trafficking trade.

     

  13. Drug Decriminalization in Portugal

    • Glenn Greenwald
    01 April 2009

    On July 1, 2001, a nationwide law in Portugal took effect that decriminalized all drugs, including cocaine and heroin. Under the new legal framework, all drugs were “decriminalized,” not “legalized.” Drug possession for personal use and drug usage itself are still legally prohibited, but violations of those prohibitions are deemed to be exclusively administrative violations and are removed completely from the criminal realm.

     

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    Decriminalisation in Europe?

    • European Monitoring Centre for Drugs, Drug Addiction (EMCDDA)
    01 November 2001

    decrim-europeThis brief report analyses the similarities and differences in legal attitudes to drug use and possession across Europe in light of the recent changes in 2001.

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    Decriminalization of Drug Use in Portugal

    • Mirjam van het Loo, Ineke van Beusekom, James P. Kahan
    01 July 2002

    publicationDrug use is an increasing problem in Portugal. In response, following the advice of a select committee, the Portuguese government has recently issued a number of laws implementing a strong harm-reductionistic orientation. The flagship of these laws is the decriminalization of the use and possession for use of drugs.

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  16. On the threshold

    • Charlotte Walsh
    01 December 2008

    This paper offers a critique of the UK Government’s decision to abandon its former plans to introduce thresholds into drugs legislation via section 2 of the Drugs Act 2005. This provision had been enacted with a view to enhancing the significance of the amount of drugs an individual is caught with in prosecutions for the offence of possession with intent to supply.

     

  17. Penalisation of drug possession

    • Ewelina Kuzmicz et al.
    01 December 2009

    Polish law provides punishment for possession of narcotic drugs. It is a controversial issue whether punishing for possession of any amount of drugs is a right thing to do. Regardless of one’s opinion, it is worth being aware of the consequences of the adopted legal solutions. In spite of the high cost, the enforcement of the Act does not result in mitigating drug problems in Poland, such as reduction of drug trafficking or “deterring” their potential users.

     

  18. Argentina: Reform on the way?

    • Graciela Touzé
    15 July 2010

    In August 2009, the Argentina Supreme Court declared as unconstitutional legislation that criminalized drug possession for personal consumption. This briefing discusses the background of that decision and the small steps in the right direction that have been taken since, to conclude that there is still much to do before a reform agenda can be implemented.

     

  19. Drug Decriminalization in Portugal

    • Glenn Greenwald
    01 April 2009

    On July 1, 2001, a nationwide law in Portugal took effect that decriminalized all drugs, including cocaine and heroin. Under the new legal framework, all drugs were “decriminalized,” not “legalized.” Drug possession for personal use and drug usage itself are still legally prohibited, but violations of those prohibitions are deemed to be exclusively administrative violations and are removed completely from the criminal realm.

  20. Decriminalisation in Europe?

    • European Monitoring Centre for Drugs, Drug Addiction (EMCDDA)
    01 November 2001

    This brief report analyses the similarities and differences in legal attitudes to drug use and possession across Europe in light of the recent changes in 2001.

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