Читать книгу Economics and human rights - Андрей Соколов - Страница 7

Another nutrient environment for crime, another hole in the budget, another waste, instead of income, another failure to respect the human rights to life and health – drugs.

In this chapter we will look at some methods of combating drugs and criminal drug trafficking. These measures, on the one hand, make it possible to fully observe human rights, and on the other hand, reduce the number of drug addicts and illegal drug trafficking, prevent the emergence of new heavy drugs, and deprive drug revenue banks of the income and market.

These measures, despite the softness and unconventionality, have made it possible to achieve what could not be achieved with harsh police methods for many years. Namely: reduce the number of drug addicts, increase the number of requests for medical help to narcologists, increase the number of refusals from drugs, reduce the number of “first-time users”, reduce deaths from overdose, reduce the incidence of AIDS, hepatitis, tuberculosis.

We will analyze this by examples of countries that have partially or fully legalized drugs or have used such a method of struggle as decriminalization of drug use.

It is important to understand that drugs are not just heroin or marijuana, but also tobacco and alcohol freely sold in every supermarket. These drugs are legalized almost everywhere. The rest – almost everywhere outside the law for many years. And for many years the ban does not bring any economic benefit to countries and does not reduce the number of drug addicts or drug trafficking. This is called Sisyphean labor.

And this despite the fact that illegal marijuana or LSD have less public harm than alcohol. Addiction, addiction, to ecstasy, hallucinogens or marijuana, develops to a much lesser degree than to tobacco or alcohol.

The turnover of drugs is, on the one hand, a huge expenditure of the budget for catching drug addicts and dealers, and on the other hand – an excellent ground for criminals. The consequences of the ban are well known and have long been tested. The ban is income for crime and corruption.

The Global Commission on Narcotic Policy in June 2011 recommended that countries “experiment with the legal regulation of certain types of drugs that are permissible for possible legalization, in order to combat drug trafficking.”

What will happen if drugs are legalized?

Then they just like cigarettes or alcohol will start to bring income to the country’s budget, and not into the pocket of the mafia. The police will not deal with catching drug addicts with taxpayer money, but with protecting life and property of taxpayers.

Is it possible to legalize, for example, heroin?

Heroin is, in principle, a pretty quick death. If a person has the right to life, then he has the right to interrupt her at will. Otherwise, all hunting rifles should be banned – they can be shot, all high-rise buildings – they can jump off and commit suicide, all trains can be thrown under them. And, of course, you need to prohibit gas stoves and the sale of ropes in stores.

Will everyone rush to buy heroin if it can be sold legally? Of course not. Especially if lighter forms of drugs are available. Will everyone rush to sell heroin? Also no. Because they sell only what they buy. On what there is a demand.

Not so many people buy the permitted drugs – alcohol and tobacco. And strong alcohol buys even fewer people. So why should people rush to buy or sell a legalized heroin?

But to advertise drugs, including alcohol and tobacco, of course not worth it. Here the ban is completely justified.

As for soft drugs, drugs such as alcohol and nicotine have been legalized, then the ban on the legalization of marijuana, LSD or ecstasy looks rather strange and false.

We will analyze the statistics of prohibitions and permits for drugs in different countries, because, as in the case of prostitution, there are already examples of legalization or decriminalization of drugs.

From the Universal Declaration of Human Rights

Article 3.

Everyone has the right to life, liberty and security of person.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Australia

In Australia, as in the United States, there is a difference in legislation for different territories. In the capital, you can freely store 25 g of marijuana (excess is punishable by a fine of $ 100), and in Queensland for a couple of cigarettes you can get 15 years in prison. (49) In Western Australia, storage and private use of marijuana are allowed (up to 2 plants, for excess – fine). In South Australia, New South Wales and Tasmania, the storage of hash is not considered a major offense.

Different and punishments. In Western Australia, people are sent for counseling to psychologists. In New South Wales, Queensland, Victoria and Tasmania, the storage and use of cannabis is considered a criminal offense, but more often the perpetrators are sent not to prison but to study or treatment. (51)

Since 2016, medical use of marijuana is allowed in Australia everywhere. (50)

Austria

The Austrian Law on Narcotic Substances of 1998 distinguishes drug producers and those who use them. The punishment depends on which group the violator belongs to. Drug use is decriminalized, that is not a criminal offense. However, possession for personal purposes is punishable by a fine or arrest for six months. It is permitted to use marijuana for medical or scientific purposes. (52, 53)

Argentina

In 2009, marijuana was decriminalized in minimal doses. (54)

Belgium

In 2003, the Belgian Parliament passed a law on the legalization of weak drugs. (55) Smoking marijuana, as well as drinking alcohol – you can. However, if as a result a person breaks the public order, breaking the law in the altered state of consciousness will automatically add to the hooliganism a more serious narcotic article.

It is prohibited to smoke in public places, store and purchase more than 3g of marijuana, but you can grow one plant. Also, the use of cannabis (cannabis) for medical purposes is permitted.

Despite the ban on smoking in public places, marijuana can be smoked while driving a car. (56)

Brazil

In Brazil, marijuana is illegal, but for its storage (as well as for the storage of any drugs) is not threatened with prison. In 2006, the country adopted a law that introduced alternative types of punishment for drug addicts. Drug traffickers and drug addicts are subjected to fundamentally different punishments. (57)

United Kingdom

Since 2002, the storage of small quantities of hemp and its derivatives is not a crime. But the police can arrest those who use marijuana, for example, in the presence of children. (58) In the same year, the UK authorities transferred marijuana from Class B to Class C, which includes, for example, steroids.

June 17, 2016. two leading British public health organizations, the Royal Society for Health and the Public Health Council, called for the permission to store and use for personal use all types of drugs. Experts of the organizations believe that the British state policy on drugs has failed. The report, entitled “A New Approach to Drugs”, argues that criminal prosecution of drug addicts is ineffective and the threat of punishment only increases the chances of the addict dying of an overdose and is an obstacle for the treatment of drug addicts for medical care. The authors of the report call for the adoption of the Portuguese system in Britain, when people who are caught using drugs are offered help, and not punished. President of the Royal Society for the Protection of Health Shirley Kramer said that the time has come for a new approach, and we must recognize that drug use is a health problem, not a criminal law, and that those who use drugs illegally need treatment and support, and not punishment.

Venezuela

Since 1993, in Venezuela, for those who have been caught with two grams of cocaine or 20 grams of cannabis, the prison has been replaced by “measures of social impact”. Such people arrested for storing drugs for personal use are sent for treatment. (59)

Germany

The medical use of cannabis is legal since 2007. As of April 2016, hemp received 647 patients. Keeping marijuana can be both legal and not, depending on the amount of grass and local laws. Most laws of the various “lands” of Germany allow storing up to 5g of marijuana.

The German police do not pursue citizens for keeping a “small amount” for personal consumption. But can delay for smoking marijuana in public places, at school or in the presence of children. (60, 61)

Denmark

Since 2011, the Danish Medical Agency has authorized the use of three varieties of medical cannabis for a patient with cancer or multiple sclerosis. (62)

Israel

Since 1994, Israel has been allowed to use marijuana to people who suffer from cancer, Parkinson’s disease, multiple sclerosis, Crohn’s disease, chronic pain, post-traumatic stress disorder. (63)

Spain

Since 1992, in Spain, the use of marijuana is an administrative crime. For storage of “grass” or smoking on the street a fine of up to 300 euros is possible. Storing more than 40 g of cannabis, spreading and growing marijuana is a criminal offense (from 1 to 3 years). (64)

Smoking cannabis in public places is prohibited, but there are specialized clubs of marijuana lovers, which in Spain are about 500. (65)

Cambodia

In Cambodia, marijuana is illegal. Application for medical purposes or in cooking is not prosecuted. In local restaurants Happy Pizza with cannabis is openly sold, and in the markets – “cheerful” confectionery. (66)

Canada

Since 2001, smoking marijuana is permitted for medical purposes. The grass can be legally grown if there is a doctor’s order and a special permit that is issued to patients with various forms of cancer, AIDS, arthritis and multiple sclerosis. (67) In Canadian Vancouver medical marijuana is prescribed to people who complain of a bad dream. In mid-2015, the city had about 80 shops selling cannabis. (68) By 2018 full legalization of marijuana is planned. (1, 69)

Colombia

Since 2015, it is allowed to store up to 20g of cannabis and grow up to 20 plants for personal purposes. (70, 71, 72)

Malta

Since 2015, the storage of a small amount of marijuana and a number of other drugs has been decriminalized. The crime is not the presence of 3.5 g of cannabis, two grams of other drugs or two Ecstasy tablets. Excess is punishable by a fine of 50 to 125 euros.

Mexico

In Mexico since 2009, the presence of 5g of marijuana, 2g opium, 500mg of cocaine, 50mg of heroin, 40mg of amphetamine and up to 0.015mg of LSD is not a crime. (73)

Netherlands

Drugs are officially divided into “light” and “heavy” since 1972. (74)

Storage of 30 g of “light” drugs is decriminalized. “Heavy” drugs are prohibited. In Amsterdam, Rotterdam, The Hague, Utrecht and in 100 cities, legal coffeeshops with permission to sell marijuana, hallucinogenic fungi and other light drugs work. The purpose of legal coffeeshops is to compete with illegal heavy drugs.

However, the storage, production and sale of any drugs are illegal. This is a bit inconsistent and hypocritical. But coffeeshops and their clients, who want to be law-abiding, manage to fit into a 30-gram “Procrustean bed”. People over the age of 18 can buy up to five grams of cannabis daily in coffeeshops. The purchase of drugs on the street is illegal.

Paraguay

Since 1988, it is allowed to store for personal use up to two grams of cocaine or heroin and up to 10 grams of cannabis. (75)

Portugal

Portugal decriminalized drugs in 2001. What does it mean? Drugs remain illegal, but their storage for personal purposes will not lead to prison. Even heroin. (76, 77) At the same time, the sale of drugs is prohibited.

In Portugal it is allowed to store one gram of heroin, MDMA or amphetamine, two grams of cocaine and up to 25 grams of cannabis. If such stocks are discovered, the police do not arrest the addict, but sends them to the “explanatory commission”, which consists of lawyers, social workers and psychologists. Multiple meetings with the commission may result in sending for treatment.

The Commission can take one of the following decisions:

– fine from 25 to 150 euros;

– to forbid to occupy posts that assume responsibility for someone else’s life;

– prohibit visiting night clubs;

– prohibit traveling abroad;

– prohibit the carrying of weapons;

– confiscate all personal drug stocks;

– to deprive state benefits, if any (very serious, by the way, a measure, since the size of the benefit is close to the minimum wage, that is, it can be a full-fledged source of personal income).

The measures are quite reasonable – the main task of the commission is to try to motivate a person to treat and to protect the lives of people with whom he, in one way or another, communicates.

At the same time and everywhere in Portugal dozens of state centers for the provision of assistance, detoxification and psychological rehabilitation of drug addicts work. Opiate drug addicts undergo substitution treatment with methadone and buprenorphine. Regional reintegration programs conduct regular trainings for former drug addicts, help with finding work and housing. Portuguese pharmacies for free exchange used syringes for new ones, as well as issue a set of several syringes, a condom, cotton wool with alcohol and a brochure about rehabilitation. Similar sets are distributed in the streets.

Decriminalization of drugs in Portugal has led to a sharp decline in the number of HIV-infected people, deaths from overdose and heroin addicts.

Again! The decriminalization of all drugs has led to a decrease in the number of people using the heaviest of the drugs in question – heroin. In the late 1990s, heroin was used by 100,000 Portuguese people, now – 50,000, many of whom are trying to recover.

Prior to 2001, Portugal was one of the most problem areas in the European Union with regard to drug addiction and was leading the EU in terms of the number of HIV-infected among drug addicts. In a country with a population of 10 million people, there were 2000 new cases of HIV every year. The highest percentage of AIDS deaths in the EU was also recorded here.

For 20 years, Portuguese authorities have been fighting drug addiction with standard force methods. Of course, unsuccessfully. And then the government decided to act humanely and at the same time revolutionary. The state decriminalized the storage of all kinds of drugs and began to fight the disease, with drug addiction, and not with people. This is logical. After all, no one is fighting a patient who has a stomach ulcer or flu. Fight disease.

This is logical, but apparently not all state men are available. In drug addicts, they see not people, but scum, criminals. Although they themselves do not mind indulging in such a drug as alcohol – from beer to whiskey, or such as a cigar…

The squalidness of the authorities, as a rule, is the main cause of the problems of the inhabitants. It is this, not drugs, weapons, immigrants or prostitution. By the number of taboo topics in the society, by the number of bans, we can fairly accurately judge the degree of maturity of society. And the position and actions of the Portuguese authorities on the background of other countries look even more dignified.

Decriminalization of drugs in Portugal was preceded by the large work of the commission on the development of a national drug control strategy.

The measures taken have made it possible to achieve the main goal – problems and dangers have become much less for the drug addicts themselves and for other people.

And all it was necessary to look out for the state baton and think about every inhabitant, as a person. A person who has the right to life and health. A person who has the right to independently manage his life.

What did this lead to?

Portugal did not become a Mecca for heroin users, did not fall into a coma, did not win drug addiction. (And where and who won?).

And here are the numbers:

Cases of HIV among drug addicts in 2001 (only fixed) – 1000. In 2012 – only 56!

Death from drugs: in 2001, 80 people, in 2012 – significantly less – 16 people.

Criminal cases related to drug offenses (and budget expenses for conducting these cases, of course). In 2001, there were 14,000 cases. In 2012 – 6000 cases – the budget is saved more than half.

Single use of drugs in Portugal declined in all age groups. This is especially important in the group of 15—24 years. At this age, “single use” means “tried or not.” This means that people who tried drugs, it became in Portugal the least due to decriminalization. (79, 80)

Decriminalization of drugs has led Portugal to European leaders in terms of drug safety.

Stopping to label drug addicts as criminals, the authorities significantly increased the number of those who voluntarily choose treatment.

And money for treatment was safely left – because they stopped spending on useless police chase and trials over drug addicts.

Instead of spending on the “whip”, the Portuguese authorities decided to spend money on the “carrot” – the development of substitution programs and rehabilitation centers. And the result did not keep itself waiting.

UNODC World Drug Report 2016

From the drug overdose in Portugal at the moment in the year, 3 people per million adults die – one of the lowest rates in Europe. (In Russia, about 100 thousand people a year die from an overdose, that is, more than a thousand people per million adults). (81, 82)

An indirect confirmation of the success of decriminalization is that now, 15 years after the adoption of this reasonable decision, not a single Portuguese politician in pursuit of votes has stuttered on the topic of a return to past force-based anti-drug practices. People need to try to heal, not plant for their habits.