A drug policy is a government policy for the control and regulation of drugs that are considered dangerous and which are addictive. Governments are trying to fight drug addiction by controlling the supply and demand of drugs. And also direct efforts to mitigate the effects of drug addiction. To reduce the demand for drugs, governments impose fines, imprisonment for drug-related offenses and forced treatment of drug addicts. States also run special campaigns to raise awareness about the dangers of drugs. [1] To reduce the supply of government, they control the plantings of plants used for the production of drugs, and also make efforts to detain drug couriers.
The list of narcotic substances that are subject to control varies depending on the policy of a particular country. For example, heroin is controlled virtually everywhere. At the same time, such substances as: kat and codeine are not always subject to state control. [2]
Most governments also regulate prescription drugs that are not considered dangerous but addictive.
International Treaties
The first international drug control treaty was the International Opium Convention , signed in 1912. [3] On a global scale, it entered into force in 1919 when it was incorporated into the Treaty of Versailles . The revised Convention was registered by the League of Nations in 1928. In particular, she imposed some restrictions on the export of Indian hemp. In 1961, it was replaced by the Single International Convention on Narcotic Drugs and was called upon to control the global trade and use of drugs. The convention banned countries from treating drug addicts by prescribing illegal substances, allowing only the scientific and medical use of drugs. The Convention did not detail specific drug laws, but implied that countries needed to enact their legislation in accordance with generally accepted principles. [four]
Country Policy
Australia
Australian drug laws are spelled out in criminal law and mainly exist at state and territorial levels.
In October 2016, Australia passed legislation for certain types of cannabis use. [five]
Bolivia
Like Colombia, in 1991 the Bolivian government signed the ATPA and called for the forced eradication of coca plantations in the 1990s and early 2000s. Until 2004, the government allowed each family to cultivate 1,600 m 2 of coca in order to provide themselves with a monthly minimum wage. [6] [7]
In 2005, President Morales opposed decriminalization of drugs, but noted that coca is an important part of indigenous history and the foundation of the community due to the traditional use of chewing coca leaves. In 2009, the Bolivian Constitution supported the legalization and industrialization of coca products. [eight]
UK
Until 1964, treatment for addicts and imprisonment were separate types of punishment for the use and sale of narcotic substances. Since 1964, drug use has become increasingly criminalized. [9]
Germany
Compared to other EU countries, the drug policy in Germany is considered to be progressive, but still more stringent than, for example, in the Netherlands. In 1994, the Federal Constitutional Court ruled that drug addiction and possession of a small amount of drugs (marijuana) for personal use was not a crime. In 2002, Germany began an experimental study in seven cities to evaluate heroin addiction treatment compared to methadone treatment . [10] The positive results of the study led to the inclusion of heroin treatment in the compulsory health insurance services in 2009. [eleven]
Ecuador
In 1991, President Rodrigo Borja Chevalos signed Act No. 108, which decriminalized use, but punished drug possession. In 2008, in accordance with the new Constitution of Ecuador, an amnesty was granted to prisoners serving sentences for the purchase or transportation of up to 2 kg of any drug.
Later, in 2009, Law No. 108 was replaced by the Criminal Code (COIP). COIP has made clear distinctions between large, medium, and small drug dealers, as well as between the mafia and rural coca producers. In 2013, the government of Ecuador withdrew from the ATPDEA agreement. [12]
Colombia
Since 1994, drug use has been decriminalized. However, possession and trafficking of drugs are still illegal. In 2014, Colombia further tightened its stance on coca cultivation by banning the air fumigation of coca crops. [13] President Juan Manuel Santos called for a review of Latin American drug policies and legalization negotiations. [14]
Liberia
Liberia bans drugs like cocaine and marijuana. Narcotics laws are regulated by the local Drug Enforcement Agency . [15]
Netherlands
Peru
According to Article 8 of the Constitution of Peru, the state is responsible for combating drug trafficking. Drug use is not punishable, and possession is permitted only for small quantities. Drug production and distribution are illegal.
In 2012, Peru withdrew from the ATPA and lost all the benefits previously granted by the United States. By the end of 2012, overtaking Colombia, Peru had become the largest coca producer in the world. [sixteen]
Portugal
In July 2001, a new law entered into force, according to which the possession of narcotic substances for no more than 10 days was classified as an administrative rather than a criminal offense. [17] However, these changes did not legalize drug use in Portugal. Drug possession is still prohibited. And drug trafficking is classified as a felony. [18]
Russia [19]
In accordance with the Federal Law of 08.01.1998 N 3-ФЗ (as amended on 12.29.2017) "On Narcotic Drugs and Psychotropic Substances"
The state policy in the sphere of trafficking in narcotic drugs, psychotropic substances and their precursors, as well as in the field of combating their illicit trafficking, is aimed at establishing strict control over the circulation of narcotic drugs, psychotropic substances and their precursors, early detection of illegal use of narcotic drugs and psychotropic substances, a gradual reduction the number of drug addicts, reduction in the number of offenses related to the illicit trafficking of narcotic drugs, psychotropic substances and their precursors.
The principles of state policy in the field of trafficking in narcotic drugs, psychotropic substances and their precursors, as well as in the field of combating their illicit trafficking:
(as amended by Federal Law of 18.07.2009 N 177-FZ)
state monopoly on the main activities related to the turnover of narcotic drugs, psychotropic substances and precursors included in List I;
(as amended by the Federal Law of June 14, 2011 N 139-ФЗ)
licensing of all types of activities related to the turnover of narcotic drugs, psychotropic substances and included in the List of I precursors;
(as amended by the Federal Law of June 14, 2011 N 139-ФЗ)
coordination of the activities of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local authorities;
the priority of measures to prevent the illegal consumption of narcotic drugs and psychotropic substances, drug addiction, the prevention of offenses related to the illicit trafficking of narcotic drugs and psychotropic substances, especially among children and youth, as well as stimulating activities aimed at anti-drug propaganda;
(as amended by the Federal Law of 07.06.2013 N 120-ФЗ)
government support for research in the development of new drug treatment methods;
involvement of non-governmental organizations and citizens in the fight against the spread of drug addiction and the development of a network of medical rehabilitation and social rehabilitation institutions for drug addicts;
(as amended by the Federal Law of November 25, 2013 N 317-ФЗ)
inducement of drug addicts to treatment for drug addiction and medical and (or) social rehabilitation, as well as inducement of persons occasionally consuming narcotic drugs or psychotropic substances without a doctor's prescription, to undergo preventive measures;
(paragraph introduced by Federal Law of November 25, 2013 N 313-ФЗ)
development of international cooperation in the field of combating the illicit trafficking of narcotic drugs, psychotropic substances and their precursors on a multilateral and bilateral basis;
(as amended by Federal Law of 18.07.2009 N 177-FZ)
licensing of activities related to the production, processing, storage, sale, purchase, and use of precursors listed in Table I of List IV;
(paragraph introduced by the Federal Law of 18.07.2009 N 177-ФЗ)
state support to the activities of organizations that carry out activities to prevent the illegal use of narcotic drugs and psychotropic substances, drug addiction, medical rehabilitation and social rehabilitation measures, social and labor reintegration of people who use drugs or psychotropic substances, or provide financial assistance in implementing such measures, regardless of the legal form of these organizations;
(the paragraph was introduced by the Federal Law of 07.06.2013 N 120-ФЗ, as amended by the Federal Law of November 25, 2013 N 317-ФЗ)
the availability of narcotic drugs and psychotropic substances to citizens who need them for medical purposes.
(paragraph introduced by the Federal Law of December 31, 2014 N 501-ФЗ)
At the same time, the past years have shown that the state could not cope with the functions assigned to it in this area. By virtue of which, by Decree of the President of the Russian Federation No. 690 of June 9, 2010, in order to consolidate the efforts of federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, local authorities, organizations and citizens of the Russian Federation to suppress the spread of narcotic drugs, psychotropic in the Russian Federation of substances and their precursors, the Strategy of the State Anti-Drug Policy of the Russian Federation until 2020 was approved [Russian Newspaper, No. 520 7].
USA
U.S. drug policy has its roots in the drug war launched by President Richard Nixon in 1971. The United States also actively invests in foreign policy, supporting military and paramilitary operations in South America, Central Asia and other places to eradicate the growth of coca and opium.
On May 21, 2012, the US government published an updated version of its drug policy. This strategy does not consider drug legalization as a solution to their control. In addition, the US provides grants for the development and dissemination of drug dependence treatment methods. [20]
Thailand
Thailand has a strict drug policy. Control of narcotic substances is carried out in accordance with the Law on Combating Drugs of 1979. The use, storage, transportation and distribution of drugs is illegal. The maximum penalty for the distribution or possession of drugs is the death penalty. According to Thai law, drugs are divided into 5 categories [21] :
I - heroin , amphetamines, methamphetamines.
II - morphine , cocaine , ketamine , codeine , opium and drug opium, methadone .
III - medicines that legally contain Category II ingredients.
IV - chemicals used for the manufacture of categories I and II drugs, such as anhydride and acetyl chloride.
V - hemp , Kratom plant, hallucinogenic mushroom.
Also, more than 200 cigarettes per person are smuggled into Thailand. Control takes place at customs at the airport. If the limit has been exceeded, the owner may be fined ten times the cost of cigarettes.
In January 2018, Thai authorities banned smoking on beaches in some tourist areas. Those who smoke in public can be punished with a fine of 100,000 baht or imprisonment for up to one year. Electronic cigarettes are not allowed in Thailand. These items are likely to be confiscated, and you can be fined or sent to prison for up to 10 years. The sale or supply of electronic cigarettes and similar devices is also prohibited, and is punishable by a fine or imprisonment of up to 5 years. [22]
It is worth noting that most people arrested for possession of a small amount of substances from the V-th category are fined, not imprisoned. In Thailand, the anti-drug police are currently considering methamphetamines as a more serious and dangerous problem. [23]
Ukraine
Crimes in the sphere of trafficking in narcotic, psychotropic substances and crimes against health are classified using the 13th section of the Criminal Code of Ukraine ; Articles 305 through 327. [24]
As evidenced by the official statistics of the Ministry of Internal Affairs for 2016, 53% of drug crimes are attributed to Art. 309 of the Criminal Code of Ukraine: “the illegal production, manufacture, purchase, storage, transportation or transfer of narcotic drugs, psychotropic substances or their analogues without a marketing purpose”.
Prescribed punishment [25] :
- a fine from fifty to one hundred tax-free minimum incomes of citizens;
- or correctional labor for up to two years;
- or arrest for up to six months, or restriction of liberty for up to three years;
- or imprisonment for the same term.
On August 28, 2013, the Cabinet of Ministers of Ukraine adopted a state drug policy strategy until 2020. This is the first document of this kind in Ukraine. The strategy developed by the State Drug Control Service involves increasing criminal liability for the distribution of large volumes of drugs, and easing penalties for storing small doses. [26] Thanks to this strategy, by 2020 it is planned to reduce the number of injecting drug users by 20%, and the number of deaths from drug overdose by 30% (see drug addiction in Ukraine ).
In October 2018, the State Service of Ukraine for Medicines and Drug Control issued the first license for the import and re-export of hemp raw materials and products. Corresponding licenses received the American company C21. She is also in the process of applying for additional licenses, including for growing hemp.
Sweden
Sweden's official goal is a drug-free society. In 1988, drug use was considered a crime. Use was not punishable by imprisonment if it was not combined with driving a car. [27] The United Nations Office on Drugs and Crime reported that Sweden has one of the lowest drug consumption rates in the western world. The drug policy is supported by all political parties in the country and, according to opinion polls, the prohibitive approach has received widespread support from the public. [28]
Switzerland
A national drug policy was developed in the early 1990s and includes four elements: prevention, therapy, harm reduction, and prohibition. [29] In 1994, Switzerland was one of the first countries to try heroin addicts. In 2008, an initiative by the Swiss People’s Party to stop the use of heroin for medical purposes was rejected by more than two-thirds of the vote.
See Also
- Legal status of hemp
Notes
- ↑ Tännsjö, T. Coercive Care . - 1999.
- ↑ Banned Drugs in Dubai and Abu Dhabi
- ↑ The 1912 Hague International Opium Convention
- ↑ The History and Development of the Leading International Drug Control Conventions
- ↑ Medicinal marijuana to become legal to grow in Australia - but how will it work? - ABC News (Australian Broadcasting Corporation)
- ↑ https://www.jstor.org/stable/25700540?seq=1#page_scan_tab_contents
- ↑ Bolivia sees coca as a way to perk up its economy - but all everyone else sees is cocaine | World news | The guardian
- ↑ Bolivia to withdraw from drugs convention over coca classification | World news | The guardian
- ↑ https://kar.kent.ac.uk/13332/1/analysis_of_UK_drug_policy.pdf
- ↑ German Court Allows Possession of Small Amounts of Marijuana - The New York Times
- ↑ Substitution treatment for opioid addicts in Germany
- ↑ Ecuador's Pardon Laws | Nacla
- ↑ Colombia says rise in coca cultivation shows why it was right to stop spraying | World news | The guardian
- ↑ Colombian president: persisting with prohibitionist drug policies is 'insane' | World news | The guardian
- ↑ https://allafrica.com/stories/201110040693.html
- ↑ Peru overtakes Colombia as world top coca leaf grower - BBC News
- ↑ Drug policy profiles - Portugal | www.emcdda.europa.eu
- ↑ https://web.archive.org/web/20150426030351/http://www.beckleyfoundation.org/bib/doc/bf/2007_Caitlin_211672_1.pdf
- ↑ “27 acquittals for 90 thousand cases” // Kommersant.
- ↑ National Institute on Drug Abuse (NIDA) | National Institutes of Health (NIH)
- ↑ Laws in Thailand | Guide for Tourists to Thailand laws
- ↑ https://www.gov.uk/foreign-travel-advice/thailand/local-laws-and-customs
- ↑ Marijuana Laws Thailand | History of Marijuana in Thailand | Cannabis thailand
- ↑ Crimes against public health: Criminal code of Ukraine: Criminal code: Codes of Ukraine: meget.kiev.ua - real estate in Kiev
- ↑ Responsibility for drug use - Alpha Omega
- ↑ https://zn.ua/UKRAINE/v-ukraine-vpervye-razrabotana-gosudarstvennaya-strategiya-v-otnoshenii-narkotikov-128148_.html
- ↑ Påföljd vid ringa narkotikabrott - Straffrätt - Lawline
- ↑ http://www.unodc.org/pdf/research/Swedish_drug_control.pdf
- ↑ Federal Office of Public Health - Drug policy