Two observers and scholars of the 2001 Portuguese drug policy reform consider divergent accounts of the reform which viewed it as a ‘resounding success’ or a ‘disastrous failure’. Acknowledging from their own experience the inherent difficulties in studying drug law reform, Caitlin Hughes and Alex Stevens take the central competing claims of the protagonists and consider them against the available data.They remind us of the way all sides of the drug policy debates call upon and alternatively use or misuse ‘evidence’ to feed into discussions of the worth, efficacy and desirability of different illicit drug policies.In doing so they provide pause for thought for those of us who operate as drug policy researchers and drug policy advocates.
The upcoming United Nations General Assembly Special Session on Drugs (UNGASS) in 2016 is an unprecedented opportunity to review and re-direct national drug control policies and the future of the global drug control regime. As diplomats sit down to rethink international and domestic drug policy, they would do well to recall the mandate of the United Nations, not least to ensure security, human rights and development.
U.S. drug control officials have denounced Dutch drug policy as if it were the devil himself. One former U.S. Drug Czar said "you can't walk down the street in Amsterdam without tripping over junkies." In the Summer of 1998, however, one such denouncement turned into a small scandal. The first part of this chapter examines this incident as a window on the politics of drug policy. The second part offers a more general analysis of why U.S. drug control officials seem to be so threatened by the Dutch example.
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.
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.
The present paper focuses on the pros & cons of the main dichotomy in the field of drug control policy: that between criminalization and decriminalization. In the extensive opening chapter dedicated to the “Premises”, the various points of view about the advisability of having recourse to criminal sanctions are examined.
A new Social Affairs Committee report on cannabis has recommended that the City Council seriously consider decriminalisation of the substance’s as being a means to curbing gang violence. The Social Liberals, Red-Green Alliance and Socialist People’s Party (SF) at City Hall have all backed the legal sale of cannabis in small quantities for personal use for some time. And in February, the committee was given the green light to review the matter when the council’s largest party, the Social Democrats, gave their support to looking into the issue.
All countries use legal or judicial means to grade the severity of the offence of drug possession and related actions. Frequently this is done by reference to the quantity of drugs involved in the offence, and some countries choose to indicate certain quantities as the threshold between the levels of offence or punishment. This paper examines whether or not such quantities are defined in the various EU Member States and Norway and, if so, how.
Cannabis is the cutting-edge drug for reform, the only politically plausible candidate for major legal change, at least decriminalisation (removal of criminal penalties for possession) and perhaps even outright legalisation (permitting production and sale). Compared with other drugs, the harms, physiological or behavioural, are less severe and the drug is better integrated into the culture. Throughout Western Europe and in the Antipodes there is pressure for reductions in the punitiveness of the marijuana regime.
Martin Jelsma, from the Transnational Institute, prepared an analysis for theLatin American Commission on Drugs and Democracy, explaining the drug policy situation in the European Union and the current state of debate in the United Nations agenda. The commission is an initiative born of former presidents Fernando Henrique Cardoso, from Brazil, César Gaviria, from Colombia and Ernesto Zedillo, from Mexico, to respond to concerns related to the problems of drug consumption and traffic in Latin America. The idea to constitute a commission capable of consolidating a debate concerning this problematic also responds to the necessity of reviewing the world drug policies in the scope of the United Nations, which began in March 2008.
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.
In recent years there has been much talk of the so-called “Portuguese model,” based on an initiative that led to the use of illicit drugs being decriminalised in 2001. In fact, it is often said that Portugal was the first country in Europe to decriminalise drug use de jure, while Spain, for example, took that step de facto for the first time in 1974, except that it was not through a specific law but rather as a result of a Supreme Court ruling.
The drug trade has increased globally in intensity and reach, and substance abuse in South Africa has escalated rapidly. Drug misuse is a major social, legal and public health challenge despite the war on drugs, in which the USA has a disproportionate influence. Why this lack of progress and what can be done about it?
In the year 2000, Poland amended its criminal legislation on drug possession. As a result, any person possessing even the smallest amount of an illegal substance was liable to be prosecuted. Since the amendment in 2000, the number of drug-related offences has been increasing steadily.
What are the benefits and risks of eliminating criminal penalties for marijuana possession for personal use?
What are the risks and benefits of distinguishing international narco-trafficking from small-scale dealing?
The war on drugs has failed. What are the alternatives?
These and other questions will be discussed by the new Global Commission on Drug Policy, to be launched on the 24th and 25th of January, 2011, in Geneva. The Commission will include eminent personalities such as Mario Vargas Llosa, Javier Solana, Ernesto Zedillo, Ruth Dreifuss, Michel Kazatchkine, Cesar Gaviria, Carlos Fuentes and Thorvald Stoltenberg, among others. The Global Commission will be chaired by Fernando Henrique Cardoso, (former president of Brazil).
The war on drugs is a lost war, and 2011 is the time to move away from a punitive approach in order to pursue a new set of policies based on public health, human rights, and commonsense. These were the core findings of the Latin American Commission on Drugs and Democracy that I convened, together with former presidents Ernesto Zedillo of Mexico and Cesar Gaviria of Colombia.
WASHINGTON, Feb 26 (Reuters) - Here's a stern warning to the U.S. states of Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. A United Nations body is displeased with your liberal medical marijuana laws. Very displeased.
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.
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.