Drug Decriminalization: Looking at the Portugese example.

[DavidMS]

I went to Glen Grenwald's presentation at The Cato Institute (The rich pay considerable money to men so that they may justify the rich stealing from the poor.)

Here is Glen on the topic: http://www.salon.com/opinion/greenwald/2009/04/02/portugal/index.html
Here is the report: http://cato.org/pub_display.php?pub_id=10080

I took some notes:

04/03/09 Glen Greenwald @ Cato
Drug Decriminalization in Portugal

In 2001 Portugal decriminalized possession for personal use. Netherlands does not enforce the laws on the books. Portugal's laws are the most treatment oriented.

US laws are criminally oriented. Prohibition is the policy. Most drug warriors argued that ending prohibition would cause a spike in drug use and related social pathologies.

Many countries are moving away from prohibition. Canada, Argentina, Switzerland, are looking to move away from it.

Mass voters decriminalize MJ. NY discard Rockefeller laws. Holder: stop DEA raids against state legalized medical marijuana dispensaries. We may be beginning to see some changes in the American approach to drug control.

Jim Web: Argued for a total think of crime and punishment.

Columnists are arguing for decriminalization.

Drug Policy Experts unaware of Portugal's policy. Refocus as a empirical or pragmatic issue. Not a moral issue. Central Assumption (unspoken): Decriminalization = massive explosion and greater role in society of drugs. Will decriminalization increase or decrease drug use?

Portugal's choice to decriminalization. Has has extreme sets of EU (western) poverty related issues. 1990s had social programs related to drugs. Problem was increasingly acute. Was a issue of desperation of policy makers. 1998: form apolitical committee. Mandate was to examine the failures of drug policy. Empirical study of issue in drug issue. Decriminalization was the most affective policy to get a handle on drug related pathologies. Took Legalization off the table because of international treaties and conventions. Council of ministers was selected by president and urged adoption of recommendation. Parliament passed and President signed law to decriminalization largely along the lines of commission recommendation. No influential or popular faction argue for recriminalization

Do the lessons translate to America? Burden is on person making argument that it is not instructive, to prove it. Drug Pathologies are more similar than different.

Why does decriminalization work? Principle Impediment (pre-decriminalization) tell population that they are criminals for drug use. Last thing they want to do is go to government and tell them they are a crime. Creates public distrust with government. Population that feared them and wouldn't listen to them. Removes fear of government from relevant pop.

Waste of resources on imprisonment and police. Decriminalize frees those monies up for other uses. Make treatment affordable and effective.

Structure of Law: Legalization – no prohibition. Decriminalize – illegal but not a criminal matter. Not a criminal matter. Only personal usage is decriminalized. 10 days of supply for the average user. All others are traffickers and its illegal (and prosecuted). Providing drugs to minors is illegal. Police must issue citation. Dissuasion Commission 3 members Justice ministry, Healthy Ministry x2. 72 hrs to appear. Not like a court. Informal, no notion of guilt. Opportunity for treatment. Proceeding suspended 85% to go to treatment. Sanctions are rarely imposed.
Police view of decriminalization. Generational split. Dissuasion commission was a joke (older). Criminalization was futile (younger). Fairly steady (but increasing) number of cites issued.

Trends in 15-24 are looked at closely (15-19) most predictive. Attitudes are formed then.

Dr. Reuter

Skepticism for decriminalization.

Decriminalization in Portugal did not lead to a large increase in usage. Not a drug tourism destination. Intrusiveness of the state? Net Widening.

How big a change is this relay in policy terms?

Policy change vs changes in drug use / harm.

Criminal law in way of treatment.

UK: 50--60% in treatment. Large increase in treatment in western Europe for heroin. Decline starting in 2001-2002. Peaked in late 90s. Large changes in youth culture and pop culture as compared to legal changes.

No net negative consequences.

Would it work here? One more piece of evidence. Doesn't' prove anything. Helps make arrangement for decriminalization.

Greenwald responds:

Decriminalization did not cause sky to fall. Central concession of opponents.

EU drug data suggests that most areas have increased. Remains at historically high levels but stabilized. During period increased elsewhere.

Short version, there is something that I agree with right-wing anarchists on. Decriminalization does not cause the sky to fall. Drug abuse rates remain about the same and resources are freed for more useful things (like drug treatment).

[Trajan]

1. I agree with Right Wing Anarchists ?

I agree with Right Wing Anarchists that the sky is usually blue ...

I agree with Right Wing Anarchists that the sun is hot and ice is cold ...

I agree with Right Wing Anarchists that milk is delicious with cereal ...

I agree with Right Wing Anarchists on some of the most mundane components of life - Yet I have no reason to SEEK agreement with them on a single goddamned thing ...

I couldn't care less what Right Wing Anarchists 'agree' with .... You do ?

[DavidMS]

2. I was just pointing out...

that I have no love for Libertarians and their worship of the market like some ancient god, but occasionaly they get something right.

[Taitertots]

3. Decriminalization is a joke

All it does is ensure that drug gangs have sufficient customers.

[flyboyscot68]

4. I totally agree

I really agree with you. Decriminalization dose nothing but give the congress critter something to blowvate about. They do nothing for ending the control of the drug gangs. They do nothing to help with the problem. Just makes it easier on the court system. Helps the courts and only the courts. It sends a even worse message to young people. Full legalization is the only answer. Get the control away from the drug dealers. The best statement on this I have heard is "only the major drug dealers and the politicians want drugs to remain illegal".

[Mike K]

8. Of course full legalization of marijuana -

- would serve the public interest more fully than would decriminalization, but the general public has been so effectively brainwashed by Reefer Madness propaganda that the prospect of full legalization is relatively intimidating. But decriminalization, which leaves the laws intact while administratively suspending prosecution, is more acceptable because of its experimental nature. And while decriminalization operates as an effective introductory step toward full legalization it significantly reduces the exorbitant cost of prosecuting marijuana "offenses," a benefit which should not be ignored.

Marijuana was decriminalized in New York City throughout the 1960s and 70s. Possession of 200 grams (two ounces) or less was treated as a Disorderly Person (summons) offense which typically called for a $50 fine. So the only things the police paid attention to were public use, public sale, or distribution to minors. There were head shops all over the place and some of them even sold weed "under the counter" if they knew you.

Essentially, decriminalization meant police would prefer not to be bothered with marijuana arrests. Consequently, more law enforcement resources were made available to deal with real crimes.

[Name removed]

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[francolettieri]

6. website to check out

The best website about ending Prohibition http://www.leap.cc

[francolettieri]

7. http://www.leap.cc

http://www.leap.cc