Drug liberalization
Encyclopedia
Drug liberalization is the process of eliminating or reducing drug prohibition laws. Variations of drug liberalization (also spelled liberalisation) include drug relegalization, drug legalization, and drug decriminalization
made it mandatory for the signatory countries to “adopt such measures as may be necessary to establish as criminal offences under its domestic law” (art. 3, §1) all the activities related to the production, sale, transport, distribution, etc. of the substances included in the most restricted lists of the 1961 Single Convention on Narcotic Drugs
and 1971 Convention on Psychotropic Substances
. Criminalization also applies to the “cultivation of opium poppy, coca bush or cannabis plants for the purpose of the production of narcotic drugs”. The Convention distinguishes between the intent to traffic and personal consumption, stating that the latter should also be considered a criminal offence, but “subject to the constitutional principles and the basic concepts of [the state’s] legal system” (art. 3, §2).
As a result the prison population throughout most of the world exploded, partly due to the tightening of anti-drug laws, under the influence of the 1988 Convention. The subsequent prison crisis and lack of positive impact on drug use prompted various depenalisation and decriminalization reforms. The European Monitoring Centre for Drugs and Drug Addiction
(EMCDDA) defines decriminalization as the removal of a conduct or activity from the sphere of criminal law; depenalisation signifying merely a relaxation of the penal sanction exacted by law. Decriminalization usually applies to offences related to drug consumption and may include either the imposition of sanctions of a different kind (administrative) or the abolition of all sanctions; other (noncriminal) laws then regulate the conduct or activity that has been decriminalized. Depenalisation usually consists of personal consumption as well as small-scale trading and generally signifies the elimination or reduction of custodial penalties, while the conduct or activity still remains a criminal offence. The term legalization refers to the removal of all drug-related offences from criminal law: use, possession, cultivation, production, trading, etc.
Drug liberalization proponents hold differing reasons to support liberalization, and have differing policy proposals. The two most common positions are drug relegalization (or legalization), and drug decriminalization.
The regulated legalization system would probably have a range of restrictions for different drugs, depending on their perceived risk, so while some drugs would be sold over the counter in pharmacies or other licensed establishments, drugs with greater risks of harm might only be available for sale on licensed premises where use could be monitored and emergency medical care made available. Examples of drugs with different levels of regulated distribution in most countries include: caffeine (coffee, tea), nicotine (tobacco), ethyl alcohol (beer, wine, spirits), and antibiotics.
Full legalization is often proposed by groups such as libertarians who object to drug laws on moral grounds, while regulated legalization is suggested by groups such as Law Enforcement Against Prohibition
who object to the drug laws on the grounds that they fail to achieve their stated aims and instead greatly worsen the problems associated with use of prohibited drugs, but who acknowledge that there are harms associated with currently prohibited drugs which need to be minimized. Not all proponents of drug re-legalization necessarily share a common ethical framework, and people may adopt this viewpoint for a variety of reasons. In particular, favoring drug re-legalization does not imply approval of drug use.
terms, and often propose systems whereby illegal drug users who are caught would be fined, but would not receive a permanent criminal record as a result. A central feature of drug decriminalization is the concept of harm reduction
.
Drug decriminalization is in some ways an intermediate between prohibition and legalisation, and has been criticised as being "the worst of both worlds", in that drug sales would still be illegal, thus perpetuating the problems associated with leaving production and distribution of drugs to the criminal underworld, while also failing to discourage illegal drug use by removing the criminal penalties that might otherwise cause some people to choose not to use drugs.
Currently, Portugal
is the only country in the world that has decriminalized the use of all drugs , meaning anyone caught with any type of drug, if it's for consumption, will not be imprisoned. Spain and Italy have recently followed Portugal's example
estimated that over 10,000 deaths a year in the US are caused by the criminalization of drugs, and if drugs were to be made legal innocent victims such as those shot down in drive by shootings, would cease to come about. The economic inefficiency and ineffectiveness of such government intervention in preventing drug trade has been fiercely criticised by drug-liberty advocates. The War on Drugs
of the United States, that provoked legislation within several other Western governments, has also garnered criticism for these reasons.
s has occurred since civilization
's existence. In the 20th century, the United States
government led a major renewed surge in drug prohibition called the "War on Drugs
." Although the present War on Drugs is a modern phenomenon, drug laws have been a common feature of human law for several hundred years. Today's War on Drugs bears many similarities to earlier drug laws, particularly in motivation.
Motivations claimed by supporters of drug prohibition laws across various societies and eras have included religious observance, allegations of violence by racial minorities, and public health
concerns. Those who are not proponents of anti-drug legislation characterize these motivations as religious intolerance
, racism
, and public healthism.
Various proponents of drug liberalization wish to repeal these laws for reasons
ranging from individual rights
-based defenses of liberty
, to consequentialist arguments against the economic and social outcomes of drug prohibition. Starting in the 20th century, large organized movements to overturn existing drug laws formed around the world. The most vocal of these groups exist in liberal democracies, and typically attract liberal
and libertarian
supporters, although drug liberalization itself is a non-partisan issue and may be supported by adherents of any ideology.
The campaign against alcohol prohibition culminated in the Twenty-first Amendment to the United States Constitution
repealing prohibition on December 5, 1933, as well as liberalization in Canada
, and some but not all of the other countries that enforced prohibition. However, many laws controlling the use of alcohol continue to exist even in these countries.
Current proponents of drug liberalization seek the repeal or softening of drug prohibition laws, most commonly cannabis
but also including other controlled substance
s such as alcohol
, tobacco
, opiate
s, stimulant
s, psychedelic
s, dissociatives, prescription drug
s, and others.
In 1996, 56% of California voters voted for Proposition 215, legalizing the growing and use of marijuana for medical purposes. This created significant legal and policy tensions between federal and state governments. Courts have since decided that state laws in conflict with a federal law about cannabis are not valid. Cannabis is restricted by federal law (see Gonzales v. Raich).
declared in a landmark ruling that it was unconstitutional to prosecute citizens for having drugs for their personal use - "adults should be free to make lifestyle decisions without the intervention of the state". The decision affected the second paragraph of Article 14 of the country’s drug control legislation (Law Number 23,737) that punishes the possession of drugs for personal consumption with prison sentences ranging from one month to two years (although education or treatment measures can be substitute penalties). The unconstitutionality of the article concerns cases of drug possession for personal consumption that does not affect others.
In 2011 the Cannabis Campaign seemed to experience a renaissence in Australia , no doubt due to developments worldwide, with many new groups appearing in different States, leveraging social media as a conduit and forum.
Since 1985 the Federal Government has run a declared 'War on Drugs' and whilst initially we led the world in 'harm-minimisation' approach we since slipped behind. The campaign continues.
The cultivation of cannabis
is currently illegal in Canada
, with exceptions only for medical usage. However, the use of cannabis by the general public is tolerated to a certain degree and varies depending on location and jurisdiction, and a vigorous campaign to legalize cannabis is underway nation-wide.
In 2001, the Globe and Mail reported that a poll found that 47% of Canadians agreed with the statement, "The use of marijuana should be legalized" in 2000, compared to 26% in 1975. A more recent poll found that more than half of Canadians supported legalization. However, in 2007 Prime Minister Stephen Harper's
government tabled Bill C-26 to amend the Controlled Drugs and Substances Act to bring forth a more restrictive law with higher minimum penalties for drug crimes. Bill-26 died in committee after the dissolution of the 39th Canadian Parliament in September 2008, but the Bill has subsequently been resurrected by the Canadian government twice.
adopted a new law that took effect on January 1, 2010, and allows a person to possess up to 15 grams of marijuana or 1.5 grams of heroin without facing criminal charges. These amounts are higher (often many times) than in any other European country, possibly making the Czech Republic the most liberal country in the European Union
when it comes to drug liberalization.
The law establishes very low amount thresholds and strictly defines personal dosage. For those arrested with more than the threshold allowed by the law this can result in heavy prison sentences, as they will be assumed to be small traffickers even if there are no other indications that the amount was meant for selling.
is based on 2 principles:
Cannabis remains a controlled substance in the Netherlands and both possession and production for personal use are still misdemeanor
s, punishable by fine. Cannabis coffee shop
s are also illegal according to the statutes.
However, a policy of non-enforcement has led to a situation where reliance upon non-enforcement has become common, and because of this the courts have ruled against the government when individual cases were prosecuted.
became the first European country to abolish all criminal penalties for personal drug possession. In addition, drug users were to be targeted with therapy rather than prison sentences. Research commissioned by the Cato Institute
and led by Glenn Greenwald
found that in the five years after the start of decriminalisation, illegal drug use by teenagers had declined, the rate of HIV infections among drug users had dropped, deaths related to heroin and similar drugs had been cut by more than half, and the number of people seeking treatment for drug addiction had doubled. However, Peter Reuter, a professor of criminology and public policy at the University of Maryland, College Park
, while conceding that Portuguese decriminalization met its central goal of stopping the rise in drug use, suggests that the heroin usage rates and related deaths may have been due to the cyclical nature of drug epidemics.
, Minister of Justice and the Police
announced that the ministry is working on new drug policy involving decriminalization by the Portugal model, which will be introduced to parliament before the next general election. Later, however, Storberget has changed his statements, saying the decriminalization debate is "for academics", instead calling for coerced treatment.
support liberalizing drug control laws include from libertarian parties to far left movements.
In 2011, the Liberal Democrats
in the UK adopted a policy of moving towards to Portugal model of decriminalisation and advocating treatment rather than prosecution. The Green Party
also support the legalisation of cannabis. Alan Duncan
is also a Conservative MP well known for his advocacy of a free market for drugs.
There are also numerous single issue marijuana parties devoted to campaign for the legalisation of cannabis exclusively.
Policies
The 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic SubstancesUnited Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 is one of three major drug control treaties currently in force. It provides additional legal mechanisms for enforcing the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on...
made it mandatory for the signatory countries to “adopt such measures as may be necessary to establish as criminal offences under its domestic law” (art. 3, §1) all the activities related to the production, sale, transport, distribution, etc. of the substances included in the most restricted lists of the 1961 Single Convention on Narcotic Drugs
Single Convention on Narcotic Drugs
The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
and 1971 Convention on Psychotropic Substances
Convention on Psychotropic Substances
The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamines, barbiturates, benzodiazepines, and psychedelics signed at Vienna on February 21, 1971...
. Criminalization also applies to the “cultivation of opium poppy, coca bush or cannabis plants for the purpose of the production of narcotic drugs”. The Convention distinguishes between the intent to traffic and personal consumption, stating that the latter should also be considered a criminal offence, but “subject to the constitutional principles and the basic concepts of [the state’s] legal system” (art. 3, §2).
As a result the prison population throughout most of the world exploded, partly due to the tightening of anti-drug laws, under the influence of the 1988 Convention. The subsequent prison crisis and lack of positive impact on drug use prompted various depenalisation and decriminalization reforms. The European Monitoring Centre for Drugs and Drug Addiction
European Monitoring Centre for Drugs and Drug Addiction
The European Monitoring Centre for Drugs and Drug Addiction is an agency of the European Union. Established in 1993, the EMCDDA is located in Lisbon, Portugal.-Mission and role:...
(EMCDDA) defines decriminalization as the removal of a conduct or activity from the sphere of criminal law; depenalisation signifying merely a relaxation of the penal sanction exacted by law. Decriminalization usually applies to offences related to drug consumption and may include either the imposition of sanctions of a different kind (administrative) or the abolition of all sanctions; other (noncriminal) laws then regulate the conduct or activity that has been decriminalized. Depenalisation usually consists of personal consumption as well as small-scale trading and generally signifies the elimination or reduction of custodial penalties, while the conduct or activity still remains a criminal offence. The term legalization refers to the removal of all drug-related offences from criminal law: use, possession, cultivation, production, trading, etc.
Drug liberalization proponents hold differing reasons to support liberalization, and have differing policy proposals. The two most common positions are drug relegalization (or legalization), and drug decriminalization.
Drug re-legalization
Drug re-legalization calls for the end of government-enforced prohibition on the distribution or sale and personal use of specified (or all) currently banned drugs. Proposed ideas range from full legalization which would completely remove all forms of government control, to various forms of regulated legalization, where drugs would be legally available, but under a system of government control which might mean for instance:- mandated labels with dosage and medical warnings,
- restrictions on advertising,
- age limitations,
- restrictions on amount purchased at one time,
- requirements on the form in which certain drugs would be supplied,
- ban on sale to intoxicated persons,
- special user licenses to purchase particular drugs.
The regulated legalization system would probably have a range of restrictions for different drugs, depending on their perceived risk, so while some drugs would be sold over the counter in pharmacies or other licensed establishments, drugs with greater risks of harm might only be available for sale on licensed premises where use could be monitored and emergency medical care made available. Examples of drugs with different levels of regulated distribution in most countries include: caffeine (coffee, tea), nicotine (tobacco), ethyl alcohol (beer, wine, spirits), and antibiotics.
Full legalization is often proposed by groups such as libertarians who object to drug laws on moral grounds, while regulated legalization is suggested by groups such as Law Enforcement Against Prohibition
Law Enforcement Against Prohibition
Law Enforcement Against Prohibition is a non-profit, international, educational organization comprising former and current police officers, government agents and other law enforcement agents who oppose the current War on Drugs. LEAP was founded on March 16, 2002...
who object to the drug laws on the grounds that they fail to achieve their stated aims and instead greatly worsen the problems associated with use of prohibited drugs, but who acknowledge that there are harms associated with currently prohibited drugs which need to be minimized. Not all proponents of drug re-legalization necessarily share a common ethical framework, and people may adopt this viewpoint for a variety of reasons. In particular, favoring drug re-legalization does not imply approval of drug use.
Drug decriminalization
Drug decriminalization calls for reduced control and penalties compared to existing laws. Proponents of drug decriminalization generally support the use of fines or other punishment to replace prisonPrison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
terms, and often propose systems whereby illegal drug users who are caught would be fined, but would not receive a permanent criminal record as a result. A central feature of drug decriminalization is the concept of harm reduction
Harm reduction
Harm reduction refers to a range of public health policies designed to reduce the harmful consequences associated with recreational drug use and other high risk activities...
.
Drug decriminalization is in some ways an intermediate between prohibition and legalisation, and has been criticised as being "the worst of both worlds", in that drug sales would still be illegal, thus perpetuating the problems associated with leaving production and distribution of drugs to the criminal underworld, while also failing to discourage illegal drug use by removing the criminal penalties that might otherwise cause some people to choose not to use drugs.
Currently, Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
is the only country in the world that has decriminalized the use of all drugs , meaning anyone caught with any type of drug, if it's for consumption, will not be imprisoned. Spain and Italy have recently followed Portugal's example
Economics
There are numerous economic and social impacts of the criminalization of drugs. Prohibition increases crime (theft, violence, corruption) and drug price and increases potency. In many developing countries the production of drugs offers a way to escape poverty. Milton FriedmanMilton Friedman
Milton Friedman was an American economist, statistician, academic, and author who taught at the University of Chicago for more than three decades...
estimated that over 10,000 deaths a year in the US are caused by the criminalization of drugs, and if drugs were to be made legal innocent victims such as those shot down in drive by shootings, would cease to come about. The economic inefficiency and ineffectiveness of such government intervention in preventing drug trade has been fiercely criticised by drug-liberty advocates. The War on Drugs
War on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
of the United States, that provoked legislation within several other Western governments, has also garnered criticism for these reasons.
History
The cultivation, use and trade of psychoactive and other drugDrug
A drug, broadly speaking, is any substance that, when absorbed into the body of a living organism, alters normal bodily function. There is no single, precise definition, as there are different meanings in drug control law, government regulations, medicine, and colloquial usage.In pharmacology, a...
s has occurred since civilization
Civilization
Civilization is a sometimes controversial term that has been used in several related ways. Primarily, the term has been used to refer to the material and instrumental side of human cultures that are complex in terms of technology, science, and division of labor. Such civilizations are generally...
's existence. In the 20th century, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
government led a major renewed surge in drug prohibition called the "War on Drugs
War on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
." Although the present War on Drugs is a modern phenomenon, drug laws have been a common feature of human law for several hundred years. Today's War on Drugs bears many similarities to earlier drug laws, particularly in motivation.
Motivations claimed by supporters of drug prohibition laws across various societies and eras have included religious observance, allegations of violence by racial minorities, and public health
Public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...
concerns. Those who are not proponents of anti-drug legislation characterize these motivations as religious intolerance
Religious intolerance
Religious intolerance is intolerance against another's religious beliefs or practices.-Definition:The mere statement on the part of a religion that its own beliefs and practices are correct and any contrary beliefs incorrect does not in itself constitute intolerance...
, racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
, and public healthism.
Various proponents of drug liberalization wish to repeal these laws for reasons
Arguments for and against drug prohibition
Arguments about the prohibition of drugs, and over drug policy reform, are subjects of considerable controversy. The following is a presentation of major drug policy arguments, including those for drug law enforcement on one side of the debate, and arguments for drug law reform on the other.-...
ranging from individual rights
Individual rights
Group rights are rights held by a group rather than by its members separately, or rights held only by individuals within the specified group; in contrast, individual rights are rights held by individual people regardless of their group membership or lack thereof...
-based defenses of liberty
Liberty
Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...
, to consequentialist arguments against the economic and social outcomes of drug prohibition. Starting in the 20th century, large organized movements to overturn existing drug laws formed around the world. The most vocal of these groups exist in liberal democracies, and typically attract liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
and libertarian
Libertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
supporters, although drug liberalization itself is a non-partisan issue and may be supported by adherents of any ideology.
The campaign against alcohol prohibition culminated in the Twenty-first Amendment to the United States Constitution
Twenty-first Amendment to the United States Constitution
The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition...
repealing prohibition on December 5, 1933, as well as liberalization in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, and some but not all of the other countries that enforced prohibition. However, many laws controlling the use of alcohol continue to exist even in these countries.
Current proponents of drug liberalization seek the repeal or softening of drug prohibition laws, most commonly cannabis
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
but also including other controlled substance
Controlled substance
A controlled substance is generally a drug or chemical whose manufacture, possession, or use are regulated by a government. This may include illegal drugs and prescription medications ....
s such as alcohol
Alcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
, tobacco
Tobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...
, opiate
Opiate
In medicine, the term opiate describes any of the narcotic opioid alkaloids found as natural products in the opium poppy plant.-Overview:Opiates are so named because they are constituents or derivatives of constituents found in opium, which is processed from the latex sap of the opium poppy,...
s, stimulant
Stimulant
Stimulants are psychoactive drugs which induce temporary improvements in either mental or physical function or both. Examples of these kinds of effects may include enhanced alertness, wakefulness, and locomotion, among others...
s, psychedelic
Psychedelic
The term psychedelic is derived from the Greek words ψυχή and δηλοῦν , translating to "soul-manifesting". A psychedelic experience is characterized by the striking perception of aspects of one's mind previously unknown, or by the creative exuberance of the mind liberated from its ostensibly...
s, dissociatives, prescription drug
Prescription drug
A prescription medication is a licensed medicine that is regulated by legislation to require a medical prescription before it can be obtained. The term is used to distinguish it from over-the-counter drugs which can be obtained without a prescription...
s, and others.
United States
Throughout the United States people have been pushing for the legalization of marijuana for medical reasons. seeArgentina
In August 2009, the Argentine supreme courtSupreme Court of Argentina
The Supreme Court of Argentina is the highest court of law of the Argentine Republic. It was inaugurated on 15 January 1863. However, during much of the 20th century, the Court and, in general, the Argentine judicial system, has lacked autonomy from the executive power...
declared in a landmark ruling that it was unconstitutional to prosecute citizens for having drugs for their personal use - "adults should be free to make lifestyle decisions without the intervention of the state". The decision affected the second paragraph of Article 14 of the country’s drug control legislation (Law Number 23,737) that punishes the possession of drugs for personal consumption with prison sentences ranging from one month to two years (although education or treatment measures can be substitute penalties). The unconstitutionality of the article concerns cases of drug possession for personal consumption that does not affect others.
Australia
Australians have been pushing for the legalization of marijuana since the early 1970's with the Cannabis Research Foundation of Australia in Victoria. Other active groups in the later Seventies included the Australian Marijuana Party and the Marijuana Petition Organisation. During the 1980's an independent Australian chapter of NORML was established and became the main force in the Cannabis Campaign till the early 90's. In 199? HEMP Help End Marijuana Prohibition was established and continued the fight for law reform. In 2010? HEMP qualified as a political party and will be fielding candidates in elections where possible.In 2011 the Cannabis Campaign seemed to experience a renaissence in Australia , no doubt due to developments worldwide, with many new groups appearing in different States, leveraging social media as a conduit and forum.
Since 1985 the Federal Government has run a declared 'War on Drugs' and whilst initially we led the world in 'harm-minimisation' approach we since slipped behind. The campaign continues.
Brazil
In 2002 and 2006 the country went through legislative changes, resulting in a partial decriminalization of possession for personal use. Prison sentences no longer applied and were replaced by educational measures and community services. However, the 2006 law does not provide objective means to distinguish between users or traffickers. A disparity exists between the decriminalization of drug use and the increased penalization of selling drugs, punishable with a maximum prison sentences of 5 years for the sale of very minor quantities of drugs. Most of those incarcerated for drug trafficking are offenders caught selling small quantities of drugs, among them drug users who sell drugs to finance their drug habits.Canada
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
is currently illegal in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, with exceptions only for medical usage. However, the use of cannabis by the general public is tolerated to a certain degree and varies depending on location and jurisdiction, and a vigorous campaign to legalize cannabis is underway nation-wide.
In 2001, the Globe and Mail reported that a poll found that 47% of Canadians agreed with the statement, "The use of marijuana should be legalized" in 2000, compared to 26% in 1975. A more recent poll found that more than half of Canadians supported legalization. However, in 2007 Prime Minister Stephen Harper's
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
government tabled Bill C-26 to amend the Controlled Drugs and Substances Act to bring forth a more restrictive law with higher minimum penalties for drug crimes. Bill-26 died in committee after the dissolution of the 39th Canadian Parliament in September 2008, but the Bill has subsequently been resurrected by the Canadian government twice.
Czech Republic
On December 14, 2009, the Czech RepublicCzech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
adopted a new law that took effect on January 1, 2010, and allows a person to possess up to 15 grams of marijuana or 1.5 grams of heroin without facing criminal charges. These amounts are higher (often many times) than in any other European country, possibly making the Czech Republic the most liberal country in the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
when it comes to drug liberalization.
Mexico
In April 2009, the Mexican Congress approved changes in the General Health Law that decriminalized the possession of illegal drugs for immediate consumption and personal use, allowing a person to possess up to 5g of marijuana or 500 mg of cocaine. The only restriction is that people in possession of drugs should not be within a 300 meter radius of schools, police departments, or correctional facilities. Opium, heroin, LSD, and other synthetic drugs were also decriminalized, it will not be considered as a crime as long as the dose does not exceed the limit established in the General Health Law.The law establishes very low amount thresholds and strictly defines personal dosage. For those arrested with more than the threshold allowed by the law this can result in heavy prison sentences, as they will be assumed to be small traffickers even if there are no other indications that the amount was meant for selling.
Netherlands
The drug policy of the NetherlandsNetherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
is based on 2 principles:
- Drug use is a public healthPublic healthPublic health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...
issue, not a criminal matter - A distinction between hard drugs and soft drugs exists
Cannabis remains a controlled substance in the Netherlands and both possession and production for personal use are still misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s, punishable by fine. Cannabis coffee shop
Cannabis coffee shop
Coffeeshops are establishments in the Netherlands where the sale of cannabis for personal consumption by the public is tolerated by the local authorities ....
s are also illegal according to the statutes.
However, a policy of non-enforcement has led to a situation where reliance upon non-enforcement has become common, and because of this the courts have ruled against the government when individual cases were prosecuted.
Portugal
In 2001, PortugalPortugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
became the first European country to abolish all criminal penalties for personal drug possession. In addition, drug users were to be targeted with therapy rather than prison sentences. Research commissioned by the Cato Institute
Cato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
and led by Glenn Greenwald
Glenn Greenwald
Glenn Greenwald is an American lawyer, columnist, blogger, and author. Greenwald worked as a constitutional and civil rights litigator before becoming a contributor to Salon.com, where he focuses on political and legal topics...
found that in the five years after the start of decriminalisation, illegal drug use by teenagers had declined, the rate of HIV infections among drug users had dropped, deaths related to heroin and similar drugs had been cut by more than half, and the number of people seeking treatment for drug addiction had doubled. However, Peter Reuter, a professor of criminology and public policy at the University of Maryland, College Park
University of Maryland, College Park
The University of Maryland, College Park is a top-ranked public research university located in the city of College Park in Prince George's County, Maryland, just outside Washington, D.C...
, while conceding that Portuguese decriminalization met its central goal of stopping the rise in drug use, suggests that the heroin usage rates and related deaths may have been due to the cyclical nature of drug epidemics.
Norway
On June 14, 2010, the Stoltenberg commission recommended implementing heroin assisted treatment and expanding harm reduction measures. On 18 June 2010, Knut StorbergetKnut Storberget
Knut Storberget is a Norwegian barrister and politician for the Norwegian Labour Party. He became the Minister of Justice and the Police serving in the second cabinet Stoltenberg from 2005. Storberget stepped down on November 11, 2011.He was elected to the Norwegian Parliament from Hedmark in...
, Minister of Justice and the Police
Minister of Justice and the Police (Norway)
In Norway, the Minister of Justice and the Police is the head of the Royal Norwegian Ministry of Justice and the Police and a member of Government of Norway. Current minister is Grete Faremo of the Norwegian Labour Party who is part of the second cabinet Stoltenberg...
announced that the ministry is working on new drug policy involving decriminalization by the Portugal model, which will be introduced to parliament before the next general election. Later, however, Storberget has changed his statements, saying the decriminalization debate is "for academics", instead calling for coerced treatment.
Uruguay
Uruguay is one of the few countries that never criminalized the possession of drugs for personal use. Since 1974, the law establishes no quantity limits, leaving it to the judge’s discretion to determine whether the intent was personal use. Once it is determined by the judge that the amount in possession was meant for personal use, there are no sanctions.Political parties
Many political partiesPolitical Parties
Political Parties: A Sociological Study of the Oligarchical Tendencies of Modern Democracy is a book by sociologist Robert Michels, published in 1911 , and first introducing the concept of iron law of oligarchy...
support liberalizing drug control laws include from libertarian parties to far left movements.
In 2011, the Liberal Democrats
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
in the UK adopted a policy of moving towards to Portugal model of decriminalisation and advocating treatment rather than prosecution. The Green Party
Green Party (UK)
The Green Party was a Green political party in the United Kingdom. It has been succeeded by three political parties:* the Green Party of England and Wales* the Green Party in Northern Ireland* the Scottish Green Party- PEOPLE, 1973–1975 :...
also support the legalisation of cannabis. Alan Duncan
Alan Duncan
Alan James Carter Duncan is a British Conservative Party politician. He is the Member of Parliament for Rutland and Melton, and a Minister of State in the Department for International Development....
is also a Conservative MP well known for his advocacy of a free market for drugs.
There are also numerous single issue marijuana parties devoted to campaign for the legalisation of cannabis exclusively.
See also
- Drug policy reformDrug policy reformDrug policy reform, also known as drug law reform, is a term used to describe proposed changes to the way most governments respond to the socio-cultural influence on perception of psychoactive substance use...
- US Pure Food and Drug Act of 1906Pure Food and Drug ActThe Pure Food and Drug Act of June 30, 1906, is a United States federal law that provided federal inspection of meat products and forbade the manufacture, sale, or transportation of adulterated food products and poisonous patent medicines...
- Drug prohibition lawDrug prohibition lawDrug prohibition law is prohibition-based law by which governments prohibit, except under licence, the production, supply, and possession of many, but not all, substances which are recognised as drugs, and which corresponds to international treaty commitments in the Single Convention on Narcotic...
- 2011 Global Commission on Drug PolicyGlobal Commission on Drug PolicyThe Global Commission on Drug Policy was a 19-person panel which issued an assessment in 2011 of the global war against drugs, saying "it's an abject disaster" according to one report. The emphasis in drug policy on harsh law enforcement over four decades has not accomplished its goal of banishing...
- 2009 Latin American Initiative on Drugs and DemocracyLatin American Initiative on Drugs and DemocracyThe Latin American Initiative on Drugs and Democracy in March, 2009, issued a report which "declared the war on drugs a failure," according to one commentator. The commentator drew parallels with the Prohibition in the United States and also reviewed signs of relaxing attitudes toward drugs...
External links
- Transform Drug Policy Foundation - A UK-based think-tank that works to develop systems for control and regulation that can be applied globally.
- Law Enforcement Against Prohibition - Run by retired law enforcement professionals who oppose prohibition.
- Voluntary Committee of Lawyers - a New York based network of judges and lawyers opposed to current federal drug laws.
- NORML (US National Organization for the Reform of Marijuana Laws) - a US wide network of activists seeking to liberalize cannabis legislation.
- Re:Vision Drug Policy Network - an organisation for young people aged 16–25 campaigning against prohibition.
- The Report of the Canadian Government Commission of Inquiry into the Non-Medical Use of Drugs - 1972 - The LeDain Commission Report
- Drug Law Reform in Latin America - a joint project of the Transnational InstituteTransnational InstituteTransnational Institute is an international think tank for progressive politics. It was established in 1973 in Amsterdam and serves as a network for scholars and activists...
(TNI) and the Washington Office on Latin AmericaWashington Office on Latin AmericaThe Washington Office on Latin America is an American non-governmental organization whose stated goal is to promote human rights, democracy and social and economic justice in Latin America and the Caribbean....
(WOLA)