Drug liberalization

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.

Policies

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 schemes 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 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 prison 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 notion 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.

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 Friedman 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.

History

The cultivation, use and trade of psychoactive and other drugs 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 marijuana but also including other controlled substances such as alcohol, tobacco, opiates, stimulants, psychedelics, dissociatives, prescription drugs, and others.

Drug liberalization movements in specific countries

Argentina

In August 2009, the Argentine supreme court 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.

Canada

See also: Cannabis legalization in Canada

A dried flowered bud of the Cannabis sativa plant.

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 of 2008, but the Bill has subsequently been resurrected by the Canadian government twice.

Czech Republic

On December 14, 2009, the Czech Republic 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, making the Czech Republic the most liberal country in the world 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 500mg 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 treshold 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

See also: Drug policy of the Netherlands

The drug policy of the Netherlands is based on 2 principles:

1. Drug use is a public health issue, not a criminal matter
2. 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 misdemeanors, punishable by fine. Cannabis coffee shops 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

Main article: Drug policy of Portugal

In 2001, Portugal 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 Reuther, 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.

Norway

On 18 June 2010, Knut Storberget, 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.

Political parties

Political parties devoted to liberalizing drug control laws include libertarian parties as well as marijuana parties:

Cannabis parties

Cannabis political parties are formal political parties set up specifically to legalize cannabis. Given the nature of modern political systems their aims are often not exclusively about the use of the plant cannabis as a drug, but this is a major feature of them. They have been set up in 8 countries to date, including some regional branches. Some use the Marijuana Party name. Some use other names, including Ale Yarok (Green Leaf), Bloc pot, Grassroots Party and Legalise Cannabis Party. See Legal issues of cannabis.

• The Marijuana Party
  • Ale Yarok
  • Aotearoa Legalise Cannabis Party
  • HEMP Legalise Marijuana
  • Legalise Cannabis Alliance
  • The Marijuana Party of Canada
    • Bloc pot
    • The British Columbia Marijuana Party
    • The Saskatchewan Marijuana Party
  • Partido Cannabis
  • US Marijuana Party
  • S.K.Y

See also

• Drug policy reform
• US Pure Food and Drug Act of 1906
• Drug prohibition law

External links

• Transform Drug Policy Foundation
• Law Enforcement Against Prohibition
• Voluntary Committee of Lawyers
• NORML (US National Organization for the Reform of Marijuana Laws)
• The Report of the Canadian Government Commission of Inquiry into the Non-Medical Use of Drugs - 1972 - The LeDain Commission Report