Drug policy reform around the world

Summary
Responses to policy failings fall into two broad camps: those who seek incremental change (e.g. reclassification, harm reduction) to improve outcomes within a prohibitionist framework, and those who support the repeal of prohibition and its replacement with a legal framework to regulate drug production and supply. Supporting incremental change within prohibition avoids taking a position on the respective merits of government and criminal controlled drug markets, but gives tacit support to the latter. A combination of factors has made prohibition more vulnerable to critique and reform than ever before, these include:

 Exposure to in-depth academic, NGO and parliamentary scrutiny for the first time
 A growing cross-party consensus that current policy is failing and new options need to be explored
 Prohibition’s failings becoming increasingly visible, domestically and on the world stage
 The rising tide of critical media and public opinion
 The growing international consensus against prohibition and an expanding evidence base in support of reforms from progressive countries. A number of countries have already effectively decriminalised the personal possession of some or all drugs. These include Portugal, Italy, Spain, Russia, Australia and Canada. It seems likely that a coalition of these progressive countries will challenge the UN conventions within the next decade, to allow individual states to determine how their drug markets are regulated.

Luxembourg
In April 2001 Luxembourg decriminalised cannabis possession (along with transportation and acquisition for personal use) - now dealt with using administrative rather than criminal sanctions.

Portugal
In July 2001 Portugal decriminalised the use and possession of all drugs. Anyone caught with less than 10 daily doses (and provided police have no further suspicion or evidence of more serious offences such as sale or trafficking) is brought before a local commission who will evaluate the individual’s situation and provide treatment and rehabilitation services where appropriate.

Belgium
Since 2002 possession of cannabis has been decriminalised - now only prosecuted in cases of social nuisance (similar to the new UK approach).

Germany
Possession of small amounts of any drug (weights determined by local government) is not prosecuted. Since 1994 more than 50 safe heroin injecting rooms with medical supervision have opened, legalised and regulated since 1999. Since 2002 a sophisticated heroin-dispensing programme has been functioning in seven major cities. NGO drug testing projects (mostly for ecstasy and other ’party’ drugs) are tolerated.

Denmark
Possession of small amounts of cannabis is dealtwith by police caution and small amounts of heroin by caution and confiscation. Fines are imposed for repeat offenders. Those in possession of a single dose for their own use will in some cases be allowed to retain it, the police motive being that the effect of confiscation would be minimal as the person in question would probably have to commit a crime to obtain money for another dose.

Switzerland
Possession of any drug for personal use is dealt with as a misdemeanour (administrative sanctions). In 2001 the Swiss Senate approved a law to legalise the possession, cultivation and use of cannabis (for over 18s), supported by a majority of the population, but was narrowly defeated by a 2004 vote in the House of Representatives. Cannabis is tolerated by police and is widely available in ’hemp shops’. Switzerland has a pioneering large scale heroin prescribing programme (approved by national referendum) and in 1998 held the worlds first national referendum on drug legalisation (28% in favour).

France
Prosecutors decide on a case-by-case basis whether to give a warning for a first offence, to apply criminal penalties or to refer to treatment. A 1999 Ministry of Justice directive recommends not prosecuting cases of simple consumption of illegal drugs when other more serious offences are not involved, and that prison should be used only as a ’last resort’.

Italy
Since 1990 possession of drugs for personal use has been decriminalised and subject only to administrative sanctions, such as fines (which in some cases can be waived if the subject is willing to enter treatment).

Netherlands
Possession of small quantities of any drug is not prosecuted. Theoretically this means under 0.5g of heroin or cocaine or 5g of cannabis, but in practice possession offences are rarely prosecuted for any drug. Cannabis coffee shops for consumption and sale of cannabis have been tolerated under licensing conditions since 1976. Heroin is available on prescription and safe injecting rooms are provided. Injecting rooms with a resident dealer, so called ’basement projects’, are also tolerated.

Russia
In May 2004 Russia introduced a new law replacing imprisonment with administrative fines for possession of ’up to ten doses’ any drugs for personal use. Foreigners can still be expelled and denied re-entry for possession offences.

USA
In October 1973, Oregon State reduced the offence of possession of less than 1 oz. of cannabis to a civil violation, with a maximum penalty of a $100 fine. From 1973 to 1978, ten other states enacted legislation which reduced the maximum penalties for cannabis possession to a fine.

Australia
South Australia decriminalized cannabis possession for personal use in 1986 with The Australian Capital Territory following suit in 1992, Northern Territory in 1996 and Victoria in 1998. Most recently Western Australia extended the policy to include all drugs. Sydney is now home to Australia’s first safe heroin injecting rooms.

South America
A number of South American countries are considering or have already implemented policies to decriminalize personal possession of all drugs, including Venusuela, Colombia and Brazil.

References

 Drug Policy Alliance
 EU European Database on Drugs
 Senlis Council Drug Policy Advisory Forum
 South America

www.tdpf.org.uk