Definition
Decriminalization is defined as “ the removal of sanctions under
the criminal law, with optional use of administrative sanctions (e.g. provision
of civil fines or court – ordered therapeutic responses)” – Hughes CE, Stevens
A.
“A system that punishes offences by means other than prison.
Fines for most traffic violations are an example. In relation to drugs, it is
normally limited to possession (and sometimes growth) of small amounts (often
around one ounce) and sometimes to sale of equally small amounts to adults. It
is also often limited to marijuana among the illegal drugs.” (http://www.dpft.org/policy.htm)
Introduction
Drug use and trafficking worldwide is a dynamic phenomenon, strongly influenced by a multitude of social and economic factors. Also, the drug phenomenon particularly complex, with implications in all spheres: public health, citizen safety and national security.
We can observe
how models for drug decriminalization were developed during
the last 10 years in
countries as: Argentina, Armenia, Australia, Belgium, Brazil, Chile, Colombia,
Czech Republic, Estonia, Germany, Italy, Mexico, The Netherlands, Paraguay,
Peru, Poland, Portugal, Spain, Uruguay, United States of America: State of
California.
All
over the world, different
policies are adopted.
To save the costs, some countries have
reduced harsh penalties for drug offenses, others have been increased harm
reduction services to go down the destructive impact of problematic drug use.
As
an alternative
method, a new policy option might be decriminalization of drug possession and use and could be an
answer to the
present problems which Romania is confronting – employment decline,
stigmatization and public health harm.
In
this moment, Romania is facing a new epidemiological wave of HIV
infections. If in 2008 there were just
three confirmed cases with HIV infection, in 2012 there were 237 new, confirmed
cases (Ref: National Institute of
Infectious Diseases, “Prof.Dr.M.Bals”).
In
September 2012, the Romanian Angel Appeal Foundation NGO in
collaboration with the National Antidrug Agency and the Carusel Association
performed a Behavior Surveillance Study among injecting drug users in Bucharest
and Ilfov county, Romania. Out of 417 participants controlled with rapid test in this study
52,5% were positive to HIV, 85% with
Hepatitis C virus, and 20 % with Hepatitis B virus (National Anti-Drug Agency, Report for 2013).
Benefits
Decriminalizing
drug possession and use would be the most effective policy.
Many
benefits, as: helping more people get substitution treatment, would reduce
HIV, HVC, and HVB epidemic, reduce overdoses, informed youth, fewer people arrested,
reduce the criminal justice costs are effective ways to limit drug related
harms in Romania.
In
the report “The War on Drugs and HIV/AIDS: How the Criminalization of Drug Use
Fuels the Global Pandemic”, launched by Global Commission on Drug Policy in
June 2012, it shows that in certain countries, HIV risk behavior increased
because of criminalization fear. That incarceration mass led to higher HIV
transmissions rates in prisons. Commission’s members called repeatedly for
decriminalization of drug possession.
More than everything the
decriminalization would mean a switch in authorities' point of view, that will
see persons that can be helped rather than law offenders.
Also,
the abuses on drug users from police forces would be stopped. A big part of
them are scared or traumatized about their experiences with the police. Instead
of having processes, higher costs for all of these actions, the system could be
replaced by administrative
penalties as: warnings, fines, suspension of a driver’s license,education and
so on.
Risks
1.
In the beginning,
the police may have a negative attitude. But here it is a problem because many
of them consider drugs as
evil, especially those from older generations. This can be changed through some
trainings with police forces.
2.Fear
that drug use will increase
Costs
1.Monthly cost of a detainee
According to a local newspaper, the monthly cost of a detainee
is 2,397lei (about 550 euro), mostly are staff costs. Effects: negative
employment consequences, higher costs for criminal justice system, the
government is losing the money and the drug user needs a
strong collaboration between the public health system and the law enforcement
because this could be significantly for an individual’s experiences.
2.
Harm Reduction services costs
"According
to the report launched for the World Anti-Drug Day (23 June), HIV treatment
cost per person is around 500 euro per month while the cost of distribution
disposable syringes is 450 euro per year."(Estimating Costs of Drugs
Policy in Romania " Report). From decriminalization of drug possession and
use would benefit, not only drug users, but also the general population, this
turning into a win-win situation. In addition, the state would benefit, because
it is cheaper to invest in a health service, and to prevent diseases, than to treat
then.
Decriminalization
of drug possession and use is a human right
Decriminalization
of drug possession and use should be a human right in order to avoid
stigmatization, discrimination, insecurity, social exclusion and not only
according to:
Article 25 of the Universal Declaration of Human Rights, which provides for the
right to “a standard of living adequate for the health and well-being of
himself” including “medical care and necessary social services.”
Article 35 of the Charter of Fundamental Rights of European Union states:
“Everyone has the right to access preventive health care and the right to
benefit from medical treatment under the conditions established by national
laws and practices.”
The
Court of Argentina declared the following: ‘Criminalizing an individual [for
drug use] is undeniably inhumane, subjecting the person to a criminal process
that will stigmatize him for the rest of his life and subject him, in some
cases, to prison time’.
Study
cases:
1. The
Portuguese Decriminalization Model
“Some
countries particularly stand out. In 2001, Portuguese legislators enacted a
comprehensive form of decriminalization of low-level possession and consumption
of all illicit drugs and reclassified these activities as administrative
violations. Alongside its decriminalization law, Portugal significantly expanded
its treatment and harm reduction services, including access to sterile syringes
as well as methadone maintenance therapy and other medication-assisted
treatments. After 10 years, none of the fears of drug war proponents has come
to pass. According to the United Nations Office on Drugs and Crime, “Portugal’s
policy has reportedly not led to an increase in drug tourism. It also appears
that a number of drug-related problems have decreased. “Experts agree that, on
balance, “there “is ample evidence of a successful reform.”
“The Portuguese evidence suggests that combining the
removal of criminal penalties with the use of alternative therapeutic responses
to dependent drug users offers several advantages. It can reduce the burden of
drug law enforcement on the criminal justice system, while also reducing
problematic drug use…[and] may offer a model for other nations that wish to
provide less punitive, more integrated and effective responses to drug use.” British Journal of
Criminology, 2010”
2. Czech Republic
“Following
years of intense debate, the Czech Republic became one of the most recent
countries to formally decriminalize possession of illegal drugs in
2010.Interestingly, the Czech Republic had decided to decriminalize drug
possession after carrying out a cost-benefit analysis of its criminal laws that
were adopted in 2000. After a two-year project that was concluded in 2002,
research found that:
1.
penalization of drug use had not affected the availability of illicit drugs;
2.
there was an increase in the levels of drug use within the country;
3.
the social costs of illicit drug use increased significantly.
As
a result of this analysis of the impact of introducing penalties for drug
possession, the Czech Republic formally decriminalized possession of illegal
drugs in 2010.The delay in implementing decriminalization was the result of a
full assessment of drug-use patterns by the Czech authorities to ensure that
quantity thresholds were set at the appropriate levels. Even before the new
legislation, Czech policy focused on public health approaches to drug use and
this was reflected in the low rates of imprisonment for possession offences.
Following passage of the legislation and a new directive issued by interim
Prime Minister Jan Fischer in late 2009, police and prosecutors are now
instructed to charge individuals possessing up to 15 grams of cannabis, 1 gram
of cocaine, 1.5 grams of heroin, 4 ecstasy tablets, or 40 pieces of
hallucinogenic mushrooms with an administrative offence – not a criminal
charge. Such an offence brings with it potential fines of up to the equivalent
of £550 processed through municipal administrative procedures, but no criminal
record is created for the individual. In June 2011, the law changed to allow
police officers to issue fines on the spot for drug use – similar to the
process for minor traffic offences. While the broader effects of the Czech
Republic’s legislative change cannot yet be determined, preliminary assessments
show the fears of the new law’s critics that there would be an explosion of
drug use in the country have not been realized. Jindřich
Vobořil, the Czech government’s national anti-drug
coordinator explained in 2011:
"There is not a more prevalent drug problem
[since the new law came into effect]. We have always had high rates of
marihuana use, and that has not changed. We also have problems with the use of harder drugs but that has not got much to do
with this change".
Recommendations
As
are presented the two study cases above, the Romanian Government should
eliminate criminal penalties for personal drug use possession. Also an
expansion of harm reduction services and treatment programs should accompany
the new policy.
Drug
users should have the right to work, access to education programs or healthcare
services. Thereby, Romanian government will win through this situation,
reducing criminal costs and more, but the employment might raise or at least,
it will remain at the same level.
Is
a successful and a viable option demonstrated around the world through
decriminalization polices.
In
order to start the procedures for decriminalization of drug possession and use,
Article 4, law 143/2000 – „Growing, production,
manufacture, experimentation, extraction, preparation, processing, purchase or
holding drugs for one's own consumption, without legal right, shall be
punishable by imprisonment from 2 to 5 years „ – has to be modified and small amounts of drugs for personal use, should
be allowed.
