Drug laws
around the world -
does anyone get it right?
does anyone get it right?
As
a split emerges in the Government over Britain's future drug policy we look at
the different approaches to drug control taken around the world
The coalition Government is at war over a new report which suggests that decriminalising
drugs could have benefits to the UK.
The Home Office report examining a range of approaches, from
zero-tolerance to decriminalisation, it concluded drug use was influenced by
factors "more complex and nuanced than legislation and enforcement
alone".
The Conservatives say despite the Home Office backed study indicating
that decriminalising drugs, even class A substances such as heroin and cocaine,
could have some benefits by reducing the burden on the criminal justice system
the Government has "absolutely no plans" to decriminalise drugs.
The Liberal Democrats argue that punishing drug users is "pointless"
with Lib Dem Home Office minister Norman Baker accusing No10 of sitting on the
reports since July and blamed the Conservatives for blocking their release for
‘political reasons’.
It is not just British parties that are split over how to tackle drug
use - countries across the world take very different approaches from
decriminalisation to lengthy prison sentences and even death. Does anyone get
it right?
Portugal
A large part of the report focused on Portugal where drugs were
effectively decriminalised over ten years ago. According to the Home Office
analysis there has been a "considerable" improvement in the health of
drug users in Portugal since the country made drug possession a health issue
rather than a criminal one in 2001.
In 2000, Portugal decriminalized the use of all illicit drugs, and
developed new policies on prevention, treatment, harm reduction and
reinsertion. Drug use is no longer a crime, but it is still prohibited. The
country's policy was a key comparison in the report written by Home Office
civil servants.
Possession of what a person would use in 10 days or less is no longer a
matter for the courts. Users are referred to “Commissions for Drug Addiction
Dissuasion” where they are given treatment.
Over the last decade the approach appears to have worked in the country,
with João Castel-Branco Goulão Portugal’s national drug coordinator saying the
country has seen reductions in H.I.V. infections and in overdoses.
So what about the rest of the world?
Czech Republic
Similarly to Portugal possession of drugs is illegal, but possession of
small quantities treated as an “administrative offence”, punishable with a
fine.
Unlike Portugal levels of cannabis use in the Czech Republic are among
the highest in Europe.
While criminal penalties for possession were only introduced as recently
as 2010 the report concluded that worse health outcomes were observed after
drug possession was criminalised, and there was no evidence of reduced use.
Uruguay
In 2013 Uruguay became the first country in the world to full legalise
marijuana. It is now the first nation in the world to break the International
Convention on Drug Control, and legislate for the production, sale and
consumption of cannabis.
10 per cent of the country’s prison population was for small drug
offences – and 44 per cent of all drugs cases were for people detained for
holding less than 10g of drugs.
Uruguayans will now be allowed to buy up to 40g a month from pharmacies,
join a cannabis club which grows the plant for its members of grow up to six
plants themselves.
The Government here says the change in the law is an effort to separate
the marijuana market from more problematic drug use. This includes the smoking
of “pasta base” - a cheap derivative of cocaine that is highly addictive when
smoked and has become endemic in some poor communities.
However the Uruguayan President Jose Mujica has said the start of legal
cannabis sales will be delayed until next year due to "practical
difficulties".
Netherlands
Famously a tourist hot-spot for people seeking cannabis from countries
with stricter controls substances defined as “soft” drugs, including cannabis,
have been effectively decriminalised. Possession remains illegal here but
police and courts operate a policy of tolerance.
The reported number of deaths linked to the use of drugs in the
Netherlands, as a proportion of the entire population, is one of the lowest of
the EU. Attempts to crack down on the use of cannabis by tourists have been
widely ignored in the country.
However importing and exporting of any classified drug is a serious
offence. The penalty can run up to 12 to 16 years if it is for hard drugs with
a maximum of 4 years for importing or exporting large quantities of cannabis.
Japan
Japan has the toughest drug laws in the developed world. Its
Pharmaceutical Affairs Law bans the production and sale of 68 types of drugs
and has a zero-tolerance policy. Criminal sanctions are tougher than in the UK
and relatively few people seek treatment.
Some products that are available over the counter as cold and flu
remedies are banned and possession of even small amounts of drugs is punishable
by lengthy imprisonment.
There are low levels of drug use in Japan but the report notes that it
is difficult to decide whether this can be attributed to harsh penalties or a
long cultural opposition to drugs and a society where cultural conformity is
valued.
USA
In 2012 states in the US - Washington State and Colorado – have
legalised the recreational use of cannabis putting them in direct conflict with
President Obama’s national drug policy.
Eighteen states and the District of Columbia allow the use of medical
marijuana on prescription.
However in Colorado aged over 21 are to be allowed to buy and possess up
to an ounce (28g) of cannabis and grow six plants in a private, secure area.
The first “25 million raised through taxes on these sales will go towards the
building of schools.
In Washington licenses to sell marijuana are issued by the state alcohol
control boards and the number of outlets are limited. They can’t be within 1000
feet of a school, playground or library.
China
Drug possession for personal use is technically classified as a minor
administrative offense but punishment can be harsh – a 2,000 RMB fine and up to
15 days of administrative detention
The Government can also send people who are deemed to be drug addicts to
a compulsory detoxification center for up to three years, plus up to three
years' compulsory "community rehabilitation."
In 2013 Guangdong province in the south launched the "Thunder
Anti-drug" special action. 97,200 drug users were detained and 47,400 people
were sent to compulsory detoxification centers.
Smuggling or transporting or manufacturing 1,000 grams or more of opium
and 50 grams of more of heroin can lead to a death sentence.
According to the most recent figures in 2008 there were 1,126,700 registered
drug users, 900,000 were using heroin or other opioids.
Ireland
While it has a similar drugs policy to the UK Ireland has been the
leading the way on the control of 'legal highs'. In 2010 country has banned all
‘psychoactive’ substances unless specific exemptions are made, as is the case
with tea, coffee and alcohol.
Denmark
The country has recently followed the example of Netherlands and Germany
and opened “fix rooms” for serious drug addicts where they can safely consume
and inject drugs in a supervised environment.
The facilities are on offer to adults with serious addictions can bring
their illegal drugs and take them, legally, under the watchful eye of a nurse.
The capital Copenhagen opened the first with other cities following suit.
Sweden
Sweden is seen as the toughest zero-tolerance state with regards to
drugs in Western Europe.
Both use and possession are illegal. Even minor use can lead to a prison
sentence six months although more generally leads to a fine.
The United Nations Office on Drugs and Crime (UNODC) reports that Sweden
has one of the lowest drug usage rates in the Western world, and attributes
this to a drug policy that invests heavily in prevention and treatment as well
as strict law enforcement.
Although praised by those who back the ‘war on drugs’ approach for its
low level of cannabis use of harder drugs is very high a proportion of drug
use.
Drug treatment is
free of charge and provided through the health care system and the municipal
social services.
Peter’s
Point of View
For most of the twentieth century a majority of people
around the world favoured a hard-line approach to drugs and drug trafficking;
lock them up and throw the key away, hang them, shoot them, cut their hands off,
were popular catch-cries.
As the drug problem escalated the pro-punishment people
called for even tougher sentences, and in many countries politicians responded
accordingly, often against the advice of criminologists and addiction experts.
Getting the votes was more important than getting it right.
 |
| Nathaniel's Bloodline |
This writer believes that it is no coincidence that the
list of countries that have the death penalty for drug trafficking, are also
among the most corrupt countries, politically and in terms of enforcement. Here
is the full list of murderous states that kill traffickers, who, incidentally,
are themselves mostly addicted victims of other traffickers: Afghanistan, Bangladesh, Brunei, China, Cuba, Egypt, India,
Indonesia, Iran, Iraq, Jordan, Kuwait, Laos, Malaysia, Morocco, North Korea,
Oman, Pakistan, Qatar, Saudi Arabia, Singapore, Somalia, Sri Lanka, Syria,
Sudan, Taiwan, Thailand, United Arab Emirates, United States of America,
Vietnam, Yemen, and Zimbabwe.
Almost all of these countries enacted their death penalty drug
laws during the twentieth century in response to popular demand rather than
informed advice. In the case of the USA, the War on Drugs commenced in earnest
under that infamous criminal vote-getter, Richard Nixon. That alone should have
been enough to tell Americans and the world that the War on Drugs would fail.
Lethal and addictive drugs will never be eliminated entirely,
but a totally new approach to this age-old curse could make a significant
reduction in the number of new addicts, wrecked lives and drug deaths.
First, governments must recognise that addiction is a
health issue rather than a criminal issue. They must stop punishing and start
treating. Putting a drug addict in prison will not stop addiction any more than
prison or punishment will stop anyone catching a disease or falling ill,
because addiction is an illness.
Next, governments must put the dealers out of business by
destroying their market. To do that they need to take a leaf out of the
colonial history of Australia. Twenty years after the founding of the convict
colony, in January 1808, a military coup saw Governor William Bligh arrested
and deposed. The military then ran the government for the next two years until the
arrival of Governor Lachlan Macquarie with a new military unit. The earlier military
had been the power behind the throne, so to speak, right from the arrival of
the First Fleet. They also controlled the colony’s commerce including the trade
in rum which, in the absence of banknotes and coinage, had become the main
instrument of exchange. The rum had a high value and led to widespread drunkenness
and addiction. Macquarie imported vast quantities of rum with the intention of
flooding the market and making alcohol worthless. The arrival of a large supply
of Spanish dollars also helped until English and Australian coins became
available. So the ‘Rum Rebellion’ that saw Bligh ousted eventually resulted in
the downfall of the military and the powerful and rich John MacArthur. The
inscription on Macquarie’s grave in Scotland is ‘Father of Australia.’
But to return to the drug dealers, the answer is simple –
flood the market with free drugs, distributed by the government. That’s what
Governor Macquarie would have done. The money currently wasted on futile enforcement
and imprisonment could then be diverted to treatment of the health issue that
it is.
No comments:
Post a Comment