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.
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.
The recent publication of two single pieces of legislation - the amended 1993 Narcotic Drugs and Psychotropic Substances Law and the first National Drug Control Policy - is likely to form the basis of Myanmar’s drug policy for several years to come. What does it mean for the country’s transition towards an evidence-based approach to drug control, and how can the gaps between the two documents be addressed?
The Sentencing Council for England and Wales initiated a consultation process in order to produce definitive sentencing guidelines for drugs offences for the UK in the future. In order to feed into this process, IDPC, in collaboration with TNI, held an Expert seminar on proportionality in sentencing for drug offences, on 20th May 2011, in London, UK. The seminar was an important gathering of international experts on the subject of proportionality and provided a space for fruitful and in depth discussions on sentencing experiences from around the world. A draft report of the meeting was sent to the Sentencing Council as part of the consultation process on 20th June.
Fifty years after signing the United Nations Single Convention on Narcotic Drugs and 40 years after the U.S. government declared a "war on drugs," many obstacles remain despite the partial successes of efforts to counter the problem. The Andean-United States Dialogue Forum, noted with concern how drug policy has monopolized the diplomatic and economic agenda between the Andean countries, contributing to tensions among the governments and impeding cooperation on other crucial priorities, such as safeguarding democratic processes from criminal networks.
In April 2016, representatives of the world’s nations will gather to evaluate drug policy in a United Nations General Assembly Special Session (UNGASS). While prohibitionist policies are still the norm, a rising tide of voices are demanding evidence based responses that respect human rights, promote public health, and reduce crime.
Ecuador has entered a new era in drug policy and legislation. Twenty-five years after the last major legal reform, brought about by the famed Narcotic and Psychotropic Substances Law (Ley de Sustancias Estupefacientes y Psicotrópicas, Law 108), which took effect on September 17, 1990, the National Assembly is about to debate—for the second and final time—the draft Law on Prevention of Drugs and Use or Consumption of Substances Classified as Subject to Oversight (Ley de Prevención de Drogas y Uso y Consumo de Sustancias Catalogadas Sujetas a Fiscalización.)
In September 2012, the mayor of Bogotá, Gustavo Petro, launched the first centre for drug addicts in the Bronx, a marginalised city-centre neighbourhood. Called the Medical Care Centre for Dependent Drug Users (Centro de Atención Médica a Drogodependientes - CAMAD), it is staffed by psychiatrists, psychologists, doctors and nurses. The people given care in these centres are in an at-risk situation and socially excluded due to their high levels of drug dependency.
In August 2010, Mexican President Felipe Calderon declared that he would support a national debate on the issue of legalisation, reversing his previous stance on the subject. However, he underscored that he did not favour legalisation, particularly since the US and the international community maintained their prohibitionist approach. This IDPC Briefing Paper offers background information on the cannabis political debate in Mexico.
In a widely watched You Tube video, U.S. President Barack Obama is asked whether or not the drug war may in fact be counterproductive. Instead of the resounding NO that would have come from any of his recent predecessors, Obama responded: “I think this is an entirely legitimate topic for debate.” He then qualified his remarks by adding, “I am not in favor of legalization.” Nonetheless, even acknowledging the legitimacy of debate on U.S. drug policy is a significant shift from the past, when successive administrations stifled discussion and routinely labeled anyone promoting alternative approaches to the socalled U.S. “war on drugs” as dangerous and surreptitiously promoting massive drug use and poisoning America’s youth.
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.
Many countries continue to incarcerate and criminalise people for possession or use of drugs, with criminalisation alone undermining employment, education and housing opportunities. In addition, many people who use drugs are often subject to human rights abuses by the state in jurisdictions which continue to criminalise them. The continued targeting of this group has not only a negative impact on the individuals in question, but their families and broader society as a whole.
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.
The exponential proliferation of the number of associations, clubs and other groups that distribute cannabis among their members and create new spaces for socialising, has surprised even the most optimistic advocates of more reasonable drug policies. In a short time, and in spite of those in government, civil society has provided a response to a problem that realpolitik has been unable to tackle.
Anand Grover, UN Special Rapporteur for the occupied Palestinian territories
06 August 2010
The current international system of drug control has focused on creating a drug-free world, almost exclusively through use of law enforcement policies and criminal sanctions. Mounting evidence, however, suggests this approach has failed, primarily because it does not acknowledge the realities of drug use and dependence. While drugs may have a pernicious effect on individual lives and society, this excessively punitive regime has not achieved its stated public health goals, and has resulted in countless human rights violations.
The primary objective of this paper is to evaluate whether the drug conventions permit states to experiment with alternatives to the punitive prohibitionist policies that have typified the global approach to combating the negative effects of personal drug use. Because harm minimization encompasses most policies providing alternatives to punitive prohibition, the analysis that follows will focus on comparing the two strategies, in an effort to frame the current debate on drug policy.
Maria Moreira, Brendan Hughes, Claudia Costa Storti, Frank Zobel
23 June 2011
This profile describes the national drug policy of Portugal, a policy that has attracted significant attention recently in the media and in policy debates. It considers national strategies and action plans, the legal context within which they operate and the public funds spent, or committed, to resource them. It also describes the political bodies and mechanisms set up to coordinate the response to the multi-faceted problem and the systems of evaluation that may help to improve future policy. The profile puts this information in context by outlining the size, wealth and economic situation of the country as a whole, as well as the historical development of the current policy.
The global war on drugs has failed, with devastating consequences for individuals and societies around the world. Fifty years after the initiation of the UN Single Convention on Narcotic Drugs, and 40 years after President Nixon launched the US government’s war on drugs, fundamental reforms in national and global drug control policies are urgently needed.