On February 12, the Constitutional Court ruled that the Fini-Giovanardi law setting out penalties related to the sale and possession of illegal drugs, was improperly approved, and abrogated the law. Since then, Italy has returned to previous regulations that imposed lighter sanctions on cannabis users. Prisoners' rights organisations argued that harsh drug laws have created a booming prison population in a system that is already overcrowded. Since January 2013, Italy's prisons have been under the scrutiny of the European Court of Human Rights.
"The current war on drugs is successful in creating further victims of acquisitive crime, increasing cost to the taxpayer to accommodate a higher prison population and allowing criminals to control and profit from the sale and distribution of Class A drugs," PGA president Eoin McLennan-Murray. "A fundamental review of the prohibition-based policy is desperately required and this is why the Prison Governors Association are keen to support the Count the Costs initiative."
The first anti-drug law in the US was a local law in San Francisco passed in 1875, outlawing the smoking of opium and directed at the Chinese. Marijuana prohibition also had racist underpinnings. This time it was the Mexicans. Just as cocaine was associated with black violence and opium with Chines white slavery, in the southwest border towns of the US marijuana was viewed -- beginning in the early 1920s -- as a cause of Mexican lawlessness.
Across the Americas, an unprecedented debate on drug policy reform is underway. While a regional consensus on what form those reforms should take remains elusive, there are at least two issues where consensus is growing: the need to address drug use as a public health, rather than criminal, issue and the need to promote alternatives to incarceration for low-level, nonviolent drug offenders and ensure proportionality in sentencing for drug-related crimes. Draconian drug laws were often adopted in Latin American countries with the encouragement – if not outright diplomatic, political and economic pressure – from the U.S. government.
"Since declaring a war on drugs 40 years ago, the United States has spent more than a trillion dollars, arrested more than 45 million people, and racked up the highest incarceration rate in the world. Yet it remains laughably easy to obtain illegal drugs. So why do we continue down this same path? Why do we talk about the drug war as if it's a success? It's a charade." (See: The house I live in)
In recent years, federal sentencing guidelines have been revised, resulting in less severe prison terms for low-level drug offenders. But tens of thousands of inmates who were convicted in the "war on drugs" of the 1980s and 1990s are still behind bars. Harsh sentencing policies, including mandatory minimums, continue to have lasting consequences for inmates and the nation’s prison system. Today, prisoners 50 and older represent the fastest-growing population in crowded federal correctional facilities, their ranks having swelled by 25 percent to nearly 31,000 from 2009 to 2013.
Latin American drug policies have made no dent in the drug trade; instead they have taken a tremendous toll on human lives. In 2009, the Washington Office on Latin America (WOLA) and the Transnational Institute (TNI) embarked on an ambitious project to document the real impact of Latin America’s “war on drugs” and to show its human cost through the video testimonies of the victims themselves.
Latin America is now at the vanguard of international efforts to promote drug policy reform: Bolivia has rewritten its constitution to recognize the right to use the coca leaf for traditional and legal purposes, Uruguay has become the first nation in the world to adopt a legal, regulated Cannabis market, and Colombia, Mexico, Guatemala, and Ecuador are openly critiquing the prevailing international drug control paradigm at the UN. And now with the United States itself relaxing its marijuana laws state by state, the U.S. prohibitionist drug war strategies are losing credibility in the region.
Sembra proprio che non debbano esserci limiti ai disastri della guerra alle droghe, sulla quale ingrassa il narcotraffico con tutte le sue conseguenze: i mille morti al mese nel solo Messico; le carcerazioni massicce in molti paesi per reati minori o per trasgressioni che neanche dovrebbe essere previste dalle norme penali; il crescente traffico di armi sempre più potenti vendute dagli USA ai narcotrafficanti, soprattutto quelli dell'America latina (al confronto la micidiale artiglieria esibita nel film dei fratelli Coen, "Non è un paese per vecchi", è già diventata un gingillo come il nostro vecchio modello '91); il dilagare in tutte le città del mondo della acquisizione da parte delle organizzazioni criminali di ogni tipo di imprese e di esercizi a scopi di riciclaggio (in molti bar e ristoranti a Roma ormai non si contano più gli scontrini emessi a vuoto per "lavare" denaro sporco); e chi più ne ha più ne metta.
For four decades, libertarians, civil rights activists and drug treatment experts have stood outside of the political mainstream in arguing that the war on drugs was sending too many people to prison, wasting too much money, wrenching apart too many families -- and all for little or no public benefit. They were always in the minority. But a sign of a new reality emerged: for the first time in four decades of polling, the Pew Research Center found that more than half of Americans support legalizing marijuana.
Law enforcement strategies have utterly failed to even maintain street prices of the key illicit substances. This figure shows that street drug prices fell by roughly a factor of five between in 1980 and 2008. Meanwhile the number of drug offenders locked up in our jails and prisons went from fewer than 42,000 in 1980 to a peak of 562,000 in 2007. We have remarkably little evidence that the billions of dollars spent on supply-side interdiction have much impact.
The case of Yanira Maldonado brought international attention once more to the innocent people getting caught in Mexico's drug war. Maldonado, a U.S. citizen and mother of seven children, was released late last week after spending more than a week in a prison in Nogales, Mexico, accused of trying to transport marijuana aboard a bus.
After more than four decades of a failed war on drugs, calls for a change in strategy are growing louder by the day. In Latin America, the debate is positively deafening. Statesmen from Colombia, Guatemala, Mexico and Uruguay are taking the lead for transformations in their own drug regime, which has set a strong dynamic of change across the region and around the world. Their discussion has expanded to the US, where public opinion toward regulation is also changing. (See also: Western leaders study 'gamechanging' report on global drugs trade)
If this were happening in any other country, Americans would be aghast. A sentence of life in prison, without the possibility of parole, for trying to sell $10 of marijuana to an undercover officer? The punishment is so extreme, so irrational, so wildly disproportionate to the crime that it defies explanation. As of 2012, there were 3,278 prisoners serving sentences of life without parole for such crimes, according to an extensive and astonishing report issued by the American Civil Liberties Union.
WASHINGTON — In a major shift in criminal justice policy, the Obama administration will move on Monday to ease overcrowding in federal prisons by ordering prosecutors to omit listing quantities of illegal substances in indictments for low-level drug cases, sidestepping federal laws that impose strict mandatory minimum sentences for drug-related offenses.
In the last few years, many Latin American countries face a dilemma – imported from Western countries – of conceding some if not all of its penitentiary services to large national and/or international companies. Such a step calls into question whether or not the State should hand over legal authority, including the duty of sanctioning, guarding and rehabilitating the offenders.
Although illicit drug use has been declining in the UK, long-term problem drug use and drug-related deaths are not decreasing, says the British Medical Association. Its Board of Science says evidence shows the current prohibitive approach to drug use is not working. It says doctors should inform drugs policy to put patients' needs first.
The new report is the first to calculate the total number of females in prisons on drug offences in Europe and Central Asia. It provides an analysis of developments related to women drug offending and the criminal justice system in Europe and Central Asia, and also largely focuses on numbers of women convicted for drug offending (violation of drug laws) that are in prisons.