Decriminalization of Drugs

The decriminalization of drugs consists of not penalizing users who consume substances considered harmful to health.

Several countries have already adopted this legislation such as Uruguay, Portugal, Holland, Spain and Canada as a way to reduce the number of prisoners, the consumption of narcotics and increase prevention.

Decriminalization

The fight against drugs acquired 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 dealer were criminalized.

Some American presidents such as 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 the 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 consumption has only increased worldwide and several countries have begun to review their policies in relation to these substances.

The first stance was to focus on prevention. It was believed that by giving information to children and adolescents, they would automatically not consume drugs. However, it is observed that even 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 marijuana use in pre-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 around toxic substances, it is necessary to differentiate the terms:

1. Decriminalization - is to abolish any type of punishment for drug users. Thus, the responsibility of dealing with this consumer is removed from Criminal Law.
2. Legalization - the entire drug process would be controlled by legislation from planting, through production and distribution. As with alcohol and tobacco.
3. Liberalization - would be to let all or certain types of drugs released, circulating legally.

See also :Prohibition.

Brazil

Until 2006, anyone caught with drugs was considered a criminal and was therefore subject to imprisonment.

With the approval of Law 11.343/2006, known as Anti-Drugs, it determined that if a person possessed a small amount of marijuana for personal use, he should not be arrested but sent to alternative sentences. 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 detainees today in Brazil and one in three is responsible for drug trafficking.

Federal Supreme Court

Since 2015, the Federal Supreme Court of Brazil has been debating the issue of possession of drugs for personal use. The sessions lasted until 2017 when the death of minister Teori Zavaski again delayed the vote.

Discussions resumed from March to August 2017 with three STF ministers positioning themselves in favor. In August, however, requests from the Public Defender's Office of the State of São Paulo called for the suspension of all criminal drug possession proceedings, due to the debate in the STF.

Thus, the discussions were suspended and no date to be resumed. By August 2017, three of the 11 STF justices 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 user 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 him, 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 the use of marijuana for recreational purposes. The law provides that companies authorized by the federal government can plant the herb and market it in specific locations for this purpose.

However, each province will be able to determine the minimum age of consumption (18 or 19 years) and driving after use is prohibited. Also, companies will not be able to advertise for young people, nor sponsor events.

Spain - Consumption of cannabis 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 on the street or in any public environment and the citizen who is caught pays a heavy fine that increases in case of recidivism.

United States - 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 – Marijuana consumption is legal 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 is allowed for this purpose. 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 used to go to fight 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 adolescents. Trafficking and consumption in public places are prohibited.

Uruguay – the country was one of the pioneers in Latin America to decriminalize drug users and allow 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 incorporate these benefits to the State.

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