Issues

An overview of legislative reforms in Europe and Latin America that provide lessons learned in practice about less punitive approaches intended to reduce drug-related harm to the individual and society.

fhc2What are the benefits and risks of eliminating criminal penalties for marijuana possession for personal use?
What are the risks and benefits of distinguishing international narco-trafficking from small-scale dealing?
The war on drugs has failed. What are the alternatives?

These and other questions will be discussed by the new Global Commission on Drug Policy, to be launched on the 24th and 25th of January, 2011, in Geneva. The Commission will include eminent personalities such as Mario Vargas Llosa, Javier Solana, Ernesto Zedillo, Ruth Dreifuss, Michel Kazatchkine, Cesar Gaviria, Carlos Fuentes and Thorvald Stoltenberg, among others. The Global Commission will be chaired by Fernando Henrique Cardoso, (former president of Brazil).

This presentation gives a short overview of legislative reforms in Europe and Latin America that provide lessons learned in practice about less punitive approaches intended to reduce drug-related harm to the individual and society.  Evidence suggests that fears that softening drug laws and their enforcement would lead to sharp increases in drug use, have proven untrue.

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towardThe statement presents the main findings of the Latin American Commission on Drugs and Democracy. Prohibitionist policies based on the eradication of production and on the disruption of drug flows as well as on the criminalization of consumption have not yielded the desired results, concludes . We are further than ever from the announced goal of eradicating drugs. Breaking the taboo, acknowledging the failure of current policies and their consequences is the inescapable prerequisite for the discussion of a new paradigm leading to safer, more efficient and humane drug policies.

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Subcategories

Alternative Development programmes, aimed at encouraging peasants to switch from growing illicit drugs-related crops, play an important role in UN drug control strategies. The record of success, however, is a questionable one. Decades of efforts to reduce global drug supply using a combination of developmental and repressive means, managed to shift production from one country to another, but have failed in terms of global impact. TNI argues for delinking alternative development from the threat of forced eradication and law enforcement and guaranteeing peasants the support required for a sustainable alternative future.

The status of cannabis in the UN drug conventions is controversial. It is now scheduled among the most dangerous substances. How and why did cannabis in the conventions? Does it belong there? What are the options to review the status of cannabis according to current scientific data? Is making cannabis subject to a control regime similar to harmful substances like alcohol and tobacco a solution?
For the latest news on cannabis reform worldwide click here


Absolving drug users from arrest and prosecution for drug use and preparatory acts like acquisition, simple possession or cultivation for personal use does not lead to increased drug use, but does significantly lower pressure on law enforcement agencies and on the judicial and penitentiary systems, and it removes barriers for users with problematic patterns of use to approach treatment and harm reduction services.

Studies reveal the ineffectiveness of long prison sentences for nonviolent drug law offenders. The capacity of the judicial system is stretched far beyond its limits, resulting in slow procedures, lengthy pretrial custody and overcrowded prisons. Referral schemes or specialized drug courts are introduced offering offenders a choice between prison and treatment. The main objective is crime reduction by providing nonviolent offenders the chance to escape the vicious drugs-crime-prison cycle.

Harm reduction is a set of strategies that aim to reduce negative consequences of drug use, by mitigating the potential dangers and health risks. UNODC has significantly expanded its HIV/AIDS programme thanks to support from harm reduction-friendly donor countries, despite ambiguities on the issue within UN drug control agencies. There is a need for up-scaling of basic services for HIV/AIDS prevention and the 'frontline' of heroin prescription and drug consumption rooms.

A more refined distinction is required to define appropriate drug control measures according to the specific characteristics of substances, their health risks, the dynamics of their markets and their user groups. The classification schedules of the UN 1961 and 1971 Conventions do not provide sufficient differentiation. The consideration of such diverse substances as coca, cocaine, cannabis, opium and heroin in the same schedule, hampers effective policy responses taking account of the different properties and reasons people use them.

Consensus is growing that the prohibition on production, supply, and use of certain drugs has not only failed to deliver its intended goals but has been counterproductive. Evidence is mounting that this policy has not only exacerbated many public health problems, but has created a much larger set of social harms associated with the criminal market such as violence, corruption, organised crime, and endemic violence related to the drug market.

A paradigm shift is taking place on harm reduction for smoking/inhaling stimulants (crack/paco or coca base paste). When sharing homemade pipes crack users get wounds on lips and gums and are susceptible to diseases such as herpes, tuberculoses, hepatitis and the HIV/AIDS virus. Crack use often implicates risky sexual behaviour in exchange for crack or to buy crack. At the local level in Brazil, Canada and the US ‘safer crack use kits’ are dispensed with condoms, pipes, pipe stems, tissues, vaseline and lip balm to counter infections and sexually transmitted diseases.

The coca leaf has been chewed and brewed for tea for centuries in the Andean region – and does not cause any harm and is probably beneficial to human health. Yet the leaf is treated as if it is comparable to cocaine or heroin. The inclusion of the coca leaf in the list of narcotic drugs raises questions about the logic behind the current system of classification under the UN conventions. Is there space to find a more culturally sensitive approach to plants with psychoactive or mildly stimulant properties, and to distinguish more between problematic, recreational and traditional uses?

Human rights apply to everyone. Drug users, traffickers and growers do not forfeit their human rights, and must be able to enjoy the right to the highest attainable standard of health, as well as to social services, employment, education, freedom from arbitrary detention and so on. The trend has been to toughen drug laws and sentencing guidelines, setting mandatory minimums, disproportionate prison sentences and even death penalties in several countries. Consideration of human rights are becoming essential elements in a growing number of countries’ application of drug legislation.

Could mild herbal stimulants such as the coca leaf, khat, kratom or ephedra offer alternatives to the more concentrated substances that now dominate the market? Could the recreational stimulants market be steered towards a less harmful direction over time through differentiating the control mechanisms between plants and synthesized derivatives? Different legal regimes are currently implemented between countries and vary greatly for the different plants, some of which are erroneously classified as new psychoactive substances (NPS).

The European institutions (European Commission and Council, and the EMCDDA) and member states have broadly been a progressive and civilizing factor in pushing for balanced, evidence based and humane drug policies and programmes. A multiannual EU Drugs Strategy 2013-2020 sets out the objectives and actions for EU countries and the Commission on drugs.

Since its origin in 1989 there is a growing awareness that the international anti-money laundering (AML) regime is not working. After two decades of failed efforts, experts still ponder how to implement a regime that does work. During that time other illicit or unregulated money flows have appeared on the international agenda as well. Today, tax evasion and avoidance, flight capital, transfer pricing and mispricing, and the proceeds of grand corruption are seen as perhaps more detrimental obstacles to good governance and the stability and integrity of the financial system.

Latin America has emerged at the vanguard of efforts to promote debate on drug policy reform. For decades, Latin American governments largely followed the drug control policies and programmes of Washington’s so-called war on drugs. Growing frustration with the failure of the prohibitionist drug control model put forward by the US government has led to a review of policies and a  questioning of the underlining premises of the international drug control paradigm. The call for debate on alternative approaches has had repercussions internationally.

For the latest news on the debate in the Americas click here.

The Global Forum of Producers of Prohibited Plants (GFPPP) is a platform for farmers of coca, cannabis, and opium to discuss the implications and alternatives concerning trends and discourses in today's global drug policies. The GFPPP aims at providing the global debate on drug policy reform in general and the UNGASS 2016 in particular, the perspective from farmers communities involved in the cultivation of coca, opium poppy and cannabis. Their website provides background information, news, articles, and publications relevant to this initiative.