Drug liberalization
Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
Proponents of drug liberalization argue that the legalization of drugs would eradicate the illegal drug market and reduce the law enforcement costs and incarceration rates. They frequently argue that prohibition of recreational drugs—such as cannabis, opioids, cocaine, amphetamines and hallucinogens—has been ineffective and counterproductive and that substance use is better responded to by implementing practices for harm reduction and increasing the availability of addiction treatment. Additionally, they argue that relative harm should be taken into account in the regulation of drugs. For instance, they may argue that addictive or dependence-forming substances such as alcohol, tobacco and caffeine have been a traditional part of many cultures for centuries and remain legal in most countries, although other drugs which cause less harm than alcohol, caffeine or tobacco are entirely prohibited, with possession punishable with severe criminal penalties.
Opponents of drug liberalization argue that it would increase the number of drug users, increase crime, destroy families, and increase the amount of adverse physical effects among drug users.
Policies
The 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances made it mandatory for the signatory countries to "adopt such measures as may be necessary to establish as criminal offences under its domestic law" 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 legal system".Drug liberalization proponents hold differing reasons to support liberalization, and have differing policy proposals. The two most common positions are drug legalization, and drug decriminalization. The European Monitoring Centre for Drugs and Drug Addiction 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 or the abolition of all sanctions; other 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, such as use, possession, cultivation, production, and trading.
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. Harm reduction is put forward as a useful perspective alongside the more conventional approaches of demand and supply reduction. Many advocates argue that prohibitionist laws criminalize people for suffering from a disease and cause harm, for example by obliging drug addicts to obtain drugs of unknown purity from unreliable criminal sources at high prices, increasing the risk of overdose and death. Its critics are concerned that tolerating risky or illegal behaviour sends a message to the community that these behaviours are acceptable.
The Controlled Substance Act (United States)
The Controlled Substance Act categorizes all substances in need of regulation into one of the five schedules under the federal law. The categorization of these substances is determined by the potential for abuse and how safe it is to consume. In addition, a big determinant of this is the way in which the substance can be consumed or used medically. In its earliest stages, the CSA was created to combine the needs of two international treaties. These treaties were known as the Single Convention on Narcotic Drugs of 1961 and the Convention of Psychotropic Substances of 1971. Both treaties allowed public health authorities to work with the medical and scientific communities to create a classification system. The Schedule I substances were described as those that have no medical use whatsoever; meaning there is no prescription written for such substance. Schedule II substances are those that can be easily abused and lead to dependence. These substances can only be accessed through a written or electronic prescription from a physician. The schedule III substances are classified as those which have less potential for abuse than Schedule I and II but can still cause the individual to develop a mild dependence. Schedule IV substances are those with the least likeliness for abuse, therefore its medical use is common in the United States. Lastly, the Schedule V substances are those with little to no likelihood of abuse, along with very minimal dependence development.Drug legalization (United States)
Drug legalization calls for a return to pre–1906 Pure Food and Drug Act attitudes when almost all drugs were legal. This would require ending government-enforced prohibition on the distribution or sale and personal use of specified 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.
- A possible clinical setting for the consumption of some intravenous drugs or supervised consumption.
Drug decriminalization
Drug decriminalization calls for reduced or eliminated control or penalties compared to existing laws. There are proponents of drug decriminalization that support a system whereby those who use and possess drugs for personal use are not penalized. While others support the use of fines or other punishments 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 concept of harm reduction. Drug decriminalization is in some ways an intermediate between prohibition and legalization, and has been criticized by Peter Lilley 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.In 2001, Portugal began treating use and possession of small quantities of drugs as a public health issue. Rather than incarcerating those in possession, they are referred to a treatment program by a regional panel composed of social workers, medical professionals, and drug experts. This also decreases the amount of money the government spends fighting a war on drugs and money spent keeping drug users incarcerated. HIV infection rates also have dropped from 104.2 new cases per million in 2000 to 4.2 cases per million in 2015. Anyone caught with any type of drug in Portugal, if it is for personal consumption, will not be imprisoned. Portugal is the first country that has decriminalized the possession of small amounts of drugs, to positive results.
As noted by the EMCDDA, across Europe in the last decades, there has been a movement toward "an approach that distinguishes between the drug trafficker, who is viewed as a criminal, and the drug user, who is seen more as a sick person who is in need of treatment". "A number of Latin American countries have similarly moved to reduce the penalties associated with drug use and personal possession". Mexico City has decriminalized certain drugs and Greece has just announced that it is going to do so. Spain has also followed the Portugal model. Italy recently followed suit, after waiting 10 years to see the result of the Portugal model, which Portugal deemed a success. In May 2014, the Criminal Chamber of the Italian Supreme Court upheld a previous decision in 2013 by Italy's Constitutional Court, to reduce the penalties for the convictions for sale of soft drugs. Some other countries have virtual decriminalization for marijuana only, including in three U.S. states, such as Colorado, Washington, and Oregon, the Australian State of South Australia, and across the Netherlands, where there are legal marijuana cafes. In the Netherlands these cafes are called "coffeeshops".