THE drug decriminalization it consists of not penalizing users who consume substances considered harmful to health.
Several countries have already adopted this legislation such as Uruguay, Portugal, Netherlands, Spain and Canada as a way to reduce the number of prisoners, the consumption of narcotics and increase prevention.
Decriminalization
The fight against drugs took on gigantic proportions in the 20th century. Since the invention of Prohibition in the United States, the only way that countries have found to combat certain illegal substances has been punishment with jail.
In 1961 and 1971, a great pact between nations, led by the United States and coordinated by the UN, declared war on the production of narcotics. In this way, both the user and the trafficker were criminalized.
Some American presidents like Richard Nixon (1969-1974) and Ronald Reagan (1981-1989) devoted large sums of money to arming the police in order to fight drug trafficking. They made forceful speeches warning about punishment and urging the population to support what was called the War on Drugs.
However, as much as millions of dollars were spent on weapons or police intelligence, the drug war was won by drug trafficking. Drug use has only increased around the world and several countries have started to review their policies in relation to these substances.
The first posture was to focus on prevention. It was believed that by giving information to children and adolescents, they would not automatically consume drugs. However, it is observed that even when informed, some adolescents still want to try drugs and end up getting involved in risky situations.
The second was the change in legislation regarding drug users. The Netherlands pioneered the liberalization of the use of marihuana in previously chosen establishments.
At first, the country had allowed the consumption of certain illicit drugs in public spaces. However, several Dutch cities have banned them again, due to abuse by some users.
Decriminalization, Legalization and Liberalization
Before starting the debate on toxic substances, it is necessary to differentiate the terms:
- Decriminalization - is to abolish any type of punishment for drug users. Thus, the responsibility for dealing with this consumer is taken away from the Criminal Law.
- Legalization - the entire drug process would be controlled by legislation from planting, through production and distribution. As with the alcoholic beverages and tobacco.
- liberalization - it would be to leave all or certain types of released drugs circulating legally.
See too: Prohibition.
Brazil
Until 2006 anyone caught with drugs was considered a criminal and therefore subject to imprisonment.
With the approval of Law 11.343/2006, known as Anti-Drugs, it determined that if a person had a small amount of marijuana for personal use, should not be arrested, but walked with ease alternatives. However, the same law does not specify how much is a "small amount" and it is up to the police to decide.
According to data from the Ministry of Justice released in 2017, there are 726,000 inmates in Brazil today and one in three is responsible for drug trafficking.
Federal Court of Justice
Since 2015, the Supreme Court of Brazil debates the issue of possession of drugs for personal use. The sessions were extended until 2017 when the death of Minister Teori Zavaski again delayed the vote.
Discussions resumed from March to August 2017 with three STF ministers in favor. In August, however, requests from the Public Defender of the State of São Paulo called for the suspension of all criminal proceedings for drug possession, due to the debate in the STF.
Thus, the discussions were suspended and without a date to be resumed. Until August 2017, three of the 11 STF ministers had voted in favor of decriminalization: Gilmar Mendes, Luiz Edson Fachin and Luís Roberto Barroso.
Marijuana Decriminalization
More than thirty countries in the world have already revised their policy regarding the use and consumption of marijuana. Here are six of them and their respective rules:
Australia – some states in the country allow the user to keep up to 50 grams with them, but these can never be sold.
Canada - already allowed research for medicinal purposes. On October 17, 2018, the country became the first developed nation to legalize marijuana use for recreational purposes. The law provides that companies authorized by the federal government can plant the herb and sell them in specific places for this purpose.
However, each province may determine the minimum consumption age (18 or 19 years) and driving after use is prohibited. Companies will also not be able to advertise for young people or sponsor events.
Spain - The consumption of cannabis it is released to the home user as long as he grows his own herb within a maximum limit and does not market it.
It is forbidden to smoke marijuana in the street or in any public environment and the citizen who is caught pays a heavy fine that increases in case of recurrence.
U.S - nine states such as Colorado and Washington have adopted liberal policies within their boundaries. In addition to decriminalization, research for medicinal and cosmetic purposes, sale in accredited stores and domestic consumption is allowed.
Israel – the use of marijuana is allowed for medicinal purposes and many of the studies on the subject come from this country.
Jamaica – the country has a great tradition of using marijuana for medicinal and religious purposes, and cultivation for this purpose is allowed. The user who carries up to 57 grams receives only one notification.
Portugal – in 2001, Portugal decriminalized the use of all drugs. Thus, 90% of the resources that went to combat trafficking now go to treatment and prevention programs.
Fifteen years after the implementation of this system, drug consumption has decreased in the country, including among teenagers. Trafficking and consumption in public places are prohibited.
Uruguay – the country was one of the pioneers in Latin America to decriminalize drug users and free planting for domestic users. In addition, the State, in 2017, took charge of marketing marijuana in pharmacies to registered customers.
The objective of President José Mujica (2010-2015) was to take from drug traffickers the profits they obtain from the sale of drugs and to incorporate these benefits into the state.
Read more:
- legal drug
- Death penalty
