Drug decriminalisation

Friday, 19 February 2021 00:00 -     - {{hitsCtrl.values.hits}}

Public Security Minister Admiral (Retd.) Sarath Weerasekera this week signalled a possible change in Sri Lanka’s drug policy saying that efforts are being made to end sending drug users to court, which would essentially decriminalise drug abuse, opening the road to rehabilitation-focused measures.

According to the Minister, nearly 11,000 of the 31,000 prison population is made up of drug users and they are a key reason for prison overcrowding and other issues. With the spread of COVID-19 and the Mahara prison riots, policy makers have been urged to look at drug rehabilitation differently and lean more towards a humane approach. 

What is important to understand here is that decriminalisation does not equate to legalising drugs. Trafficking, selling and distributing drugs will remain a criminal offense and drug kingpins will continue to be put behind bars. 

Decriminalisation is the removal of criminal penalties for drug law violations (usually possession for personal use). Roughly two dozen countries, and dozens of US cities and states, have taken steps toward decriminalisation. By decriminalising possession and investing in treatment and harm reduction services, the Government have found they can reduce the harms of drug misuse while improving public safety and health. 

Decriminalising drug possession and investing in treatment and harm reduction services can provide major benefits for public safety and health. These can include reducing the number of people arrested, incarcerations, promoting drug treatment and minimising criminal justice costs and redirecting resources from criminal justice to health systems. 

It could also result in more resources for law enforcement to prevent serious and violent crime, diminish unjust disparities in drug law enforcement and sentencing that usually target the poor and marginalised disproportionately and minimise the social exclusion of people who use drugs, and create a climate in which they are less fearful of seeking and accessing treatment, utilising harm reduction services and receiving HIV/AIDS services. 

Protecting people from the long-term impacts of serial incarceration is also beneficial as many drug users often return to prison because they have no access to rehabilitation and support systems. Eventually, minor criminals become hard-core ones after repeated jail terms. Countries that have adopted less punitive policies toward drug possession have not experienced any significant increases in drug use, drug-related harm or crime relative to more punitive countries. A World Health Organisation study, for example, found that the US had the highest lifetime drug use rates by a wide margin, despite its punitive policies – concluding that decriminalisation has little or no effect on rates of use.

In 2001, Portuguese legislators enacted a comprehensive form of decriminalisation of low-level possession and consumption of all illicit drugs and reclassified these activities as administrative violations. Alongside decriminalisation, Portugal significantly expanded its treatment and harm reduction services, including access to sterile syringes, methadone maintenance therapy and other medication-assisted treatments.

After nearly a decade-and-a-half, Portugal has experienced no major increases in drug use. Yet, it has seen reduced rates of problematic and adolescent drug use, fewer people arrested and incarcerated for drugs, reduced incidence of HIV/AIDS, reduced drug induced deaths, and a significant increase in the number of people receiving treatment. According to the United Nations: “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.” Independent research concludes that “there is ample evidence of a successful reform.” 

If the Government genuinely moves forward on this policy, much could be gained for all Sri Lankans. 

 

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