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W hen I travelled across Mexico, pictures of the missing were everywhere in the streets, like dystopian corporate advertising. As Charles Bowden wrote, there is a war on drugs, and there is a war for drugs. Both are deadly. Until recently, there was a despairing sense that the violence could not be stopped, only moved on. But over the past two years, Latin American leaders such as Colombian president Juan Manuel Santos have begun to demand a different course, which they claim will end this violence. Mujica was already unusual. He was a Tupamaro guerrilla in the s, imprisoned at the bottom of a well for two and a half years. After being elected president in , he refused to live in the presidential palace, preferring his tiny shack in a downmarket area of Montevideo, and going to many meetings by bus. In July the coalition he heads passed a law permitting the growing of marijuana within the country and its sale to adults. They will be allowed to purchase up to 40g a month from a pharmacy or grow six marijuana plants per household. This is the first definitive break from UN treaties prohibiting cannabis. Mujica told me that there had been repressive policies on drugs for more than a hundred years, but their failure had finally become apparent. Many more deaths. Much more destabilisation. This is worse for the world in general than any drug. The remedy is worse than the illness. The Mujica administration believes the eradication of the drug trade is a utopian fantasy. The desire to get intoxicated is a human instinct. Colombian production moves to Bolivia; Caribbean supply lines flow through northern Mexico. Given this reality, Mujica concluded that the only sensible solution was to take this enormous market back from armed gangsters, and regulate it. Legalising alcohol in the US ended speakeasies and alcohol dealers; drug reformers point out Budweiser does not try to murder people who work for Guinness. Legalising marijuana — and marketing it in licensed outlets — will mostly end the participation of criminals. The sales can be taxed, with the proceeds building drug treatment facilities and high quality drug education programmes. They say that it is no worse than drinking alcohol and that we have to find a sensible way to live with it. The Uruguayan reformers were not aware that they were challenging the prohibitionists. For years, people have been told legalisation means a free-for-all, where anyone, including children, can get drugs anywhere. But the Uruguayans argue we have anarchy now — unknown gangsters sell drugs of unknown quality to unknown customers. The reform is a way of regaining control of the market and regulating it for the first time. They argue this will have a good effect on teenagers. There is substantial evidence that cannabis use among teens can permanently lower their IQ, and all sides agree ending teen use is a priority. Yet many American teens find it easier to get hold of marijuana than alcohol 3 because no drug dealer asks for an ID. Legal, licensed drug retailers will have to see an ID, or lose their licenses. Worldwide, legislators and police privately recognise the advantages of legalisation. Several factors came together. There was an especially vigorous marijuana reform movement, spurred by injustices. In April a teacher from the military academy, Alicia Garcia, 66, was arrested for growing a few marijuana plants, and faced a potential prison sentence of 20 months for commercial production. A major factor in their success was the popularity and determination of the president, whose long incarceration had no doubt equipped him to resist pressures both internal and external. Meanwhile, the ability of the US to lecture the world on this policy was collapsing from within as, in , the states of Colorado and Washington adopted a bill approved by referendum to fully legalise the use, commercial production and sale of marijuana. Mujica and his allies have not yet succeeded in persuading the wider population of their case. Since the Netherlands has allowed marijuana-selling coffee shops. This suggests that the fears are wrong. Dr Raquel Peyraube, the leading drug treatment specialist in Uruguay, says marijuana users are, under prohibition, subject to the opposite process, which she calls the gondola effect: illegal marijuana is sold by a dealer who will almost always sell other drugs. Dr Peyraube debunks the claim that legalisation will lead to a rise in schizophrenia, saying that if marijuana caused schizophrenia, the rate of the illness would have risen across society over the past few decades, since marijuana use has grown. Yet the rate has held steady. It is more likely that people developing schizophrenia are drawn to cannabis, to try to calm down. Some people in the Uruguayan administration are privately receptive to a more substantial critique of these reforms: marijuana is only a part of the trade in prohibited drugs, and not the largest. Legalising it will shrink the black market significantly, but leave the most profitable parts intact. To cripple the cartels, the market in other drugs will have to be legally controlled, by regulated sale for ecstasy or cocaine, and by medical prescription for heroin, as has been successfully piloted in Switzerland. Totally lost. Sign in. Beneficial for teenagers The Uruguayan reformers were not aware that they were challenging the prohibitionists. Ordinary Uruguayans unconvinced Mujica and his allies have not yet succeeded in persuading the wider population of their case. Johann Hari Johann Hari is a journalist. Nobody heeded the neoliberal globalise-your-industry advice like the narco-cartels and their financial supports. The war on drugs is English — Uruguay surrenders to win. Copy this message Give this article to a friend. Previous article « The Sochi Games ». Next article « A globalised business ».
This South American country has decriminalized all drugs for 40 years
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Uruguay has long had a high level of social tolerance to drug use, complemented by policies that prioritise minimising drug-related risks and harms. This act regulates the production, marketing and consumption of cannabis, while promoting information, education and prevention of cannabis use. The House of Representatives had passed the executive bill on 31 July In his speech introducing the senate debate, Senator Roberto Conde presented the majority report , explaining that, 'As an alternative to prohibitionist policies, the regulation of drug markets offers the state a means to implement more efficient and comprehensive initiatives for supply and demand reduction. The state would henceforth control the entire cannabis industry chain, from production to consumption. Law Back to top. The act relating to drug issues is Law The law thus allows the consumption of any substance with the exception of cannabis, which now has its own rules while penalising possession for purposes other than consumption. It does not, however, establish a legal mechanism for obtaining such substances or set maximum quantities for personal use — this is left to the judge's discretion. The Law Additional laws have been enacted in recent years, namely Law It had previously been understood that public health was the sole legal interest served by drug law, but these reforms relating to money laundering extended legal interest to ' the economic order of the state'. Rather than defining narcotic and psychoactive substances, Uruguayan legislation instead refers to the schedules contained in the and United Nations conventions. The new cannabis regulation modifies Article 3 of Law Article 30 of Law Article 6 of the law The unrestricted application of Article 30 of Law Article 31 of Law This article additionally decriminalises anyone who 'has in his or her possession a reasonable quantity, exclusively for his or her personal consumption' and it is also modified by the new regulation. In the case of cannabis the quantity is now established at 40g. The amended text also states that: 'anyone who keeps, holds, stores or possesses in their home a harvest of up to six cannabis plants with psychoactive effects … or a harvest belonging to the members of a cannabis club, shall not be affected by the provisions made in the first clause of this article. The penalties for drug-related offences range from a minimum of 12 to 20 months imprisonment to a maximum of 4 to 18 years. Now that minimum sentences are less than 24 months of prison, such offences do not necessarily result in jail time, and provisional liberty is allowed along with alternative sentences. On Friday 2 May , Uruguay unveiled the legal framework for state control and regulation of marijuana. These are the enabling conditions for membership clubs in Uruguay. Various political groupings have for years been advocating cannabis regulation to separate the market for soft drugs from the market for dangerous substances, particularly crack cocaine paco , a drug whose market and consumption expanded in the early s. With a view to public health, there goal has always been to keep the cannabis user away from the most addictive substances. Summary of important pronouncements, initiatives and proposals to reform the law, July 31, - The Uruguayan House of Representatives passed the bill that legalises and regulated the market of cannabis in the country, being the first in the world to do that. This is the text of the bill passed by the House of Representatives on July 31, Uruguay thus becomes the first country in the world to regulate cannabis at every stage of production and use. The proposal is currently awaiting a vote in the House of Representatives. This is the text of the Regulatory Decree of the Act. In what ways have drug laws impacted on the country's prison system and population? Crimes involving the trafficking and sale of narcotics are the reason why women are prosecuted in Although the percentage of the prison population convicted for drug-related crimes 11 per cent is fairly low when compared with the percentage convicted of crimes against property and crimes against the person, the percentage of these detainees who were arrested by the police for possessing very small quantities of drugs is still high. People who were arrested in possession of less than 10g of cannabis account for 44 per cent of drug-related prosecutions. This video from looks at the case of year-old Alicia Castilla , who was jailed for three months for growing marijuana for personal use for medical reasons. The new regulations on cannabis will prevent such cases from happening again. What does the law say about consumption? Is it a crime in the country? Drug consumption is not a crime in Uruguay. State law permits the use of any recreational substance and does not criminalise possession for personal use. Cannabis is again the exception when it comes to permissible ways of obtaining drugs. No such guidelines exist for other drugs, but cannabis may be obtained by growing it for personal use, by buying it from pharmacies and the Ministry of Health, or by being a member of a cannabis club. What provisions does the law make for problem drug users? Does the law guarantee that their rights will be respected? The Uruguayan Senate recently approved a bill that defines how the state will respond to crisis situations in cases of problem drug use. The draft law was debated in Parliament for a year and a half, during which time it underwent several modifications. The final version prevents any risk of abuse by providing safeguards for individuals subjected to these measures. The new law revokes Article 40 of Law If the examination finds that the person is a drug addict, the judge shall order the person to undergo treatment in a public or private establishment or as an out-patient, providing that such treatment includes the medical check-ups established by the said National Commission. They are calling for the law to be made more precise and clear regarding the legal process and to specify how the rights of drug users will be safeguarded. The bill must now be discussed and approved in the House of Representatives. Several state agencies developed a comprehensive program of care and rehabilitation of addicts in prisons. How does Uruguay positions itselfs in the international debate on drug policy? Uruguay has been unwavering in arguing for the need and the democratic right to launch a debate aimed at ending the ongoing war on drugs model. Uruguay has been a member of the UN Commission on Narcotic Drugs since , having been re-elected to serve until Uruguay made the proposal to gain international recognition for the incorporation of human rights in drug control, harm reduction, and the urgent need for democratic debate. It also advocated proportional sentencing criteria to avoid criminalizing harmless consumers, while also alleviating the prison crises affecting so many countries. The delegation also defended the right to health and championed the inclusion of harm reduction as best practice for focusing on social inclusion. At the 53rd session of the CND in , the Uruguayan delegation reiterated the principles raised in previous years. In his presentation at the 55th session of the CND in , Julio Calzada again focused on respect for human rights and recognition of the right of Andean peoples to the coca leaf. In April at the Summit of the Americas, held in Cartagena, Colombia, Uruguay expressed its support for a debate on a change in the model. On 18 and 19 April , the first working meeting on drugs took place between Uruguay and Bolivia in Montevideo. The minutes of the meeting can be viewed here. In his speech to the 43rd OAS General Assembly held in Guatemala from 4 to 6 June , the head of the Uruguayan delegation reiterated his country's support for political dialogue on drugs. Referring specifically to cannabis reform in the country, he said, 'We have a historical and moral authority in the matter, in order to understand that in a sovereign way, our government has taken the initiative to responsibly regulate cannabis market. Video from 7' Statement by the Head of the Delegation of Uruguay , Mr. The eyes of the world are watching this small South American country with the audacity to break the taboo surrounding cannabis. For further information about the different positions taken by the UN organisation and Uruguay, we recommend reading INCB vs Uruguay: the art of diplomacy. In this Ministry of Foreign Affairs of Uruguay document , ministry undersecretary Luis Porto presents considerations 'of the philosophy behind the policy followed, the relationship between INCB and Uruguay in recent months regarding the law and 19, recently passed '. It has been very active in disseminating information about the social, health and economic benefits of regulation. Those involved include opinion leaders, advocates from the realms of culture, academia, health and law, as well as individuals from many other sections of society. Fernando Henrique Cardoso, the former president of Brazil and current executive director of the Global Commission on Drug Policy , has publicly expressed his support for this platform. In July , shortly before the vote in the House of Representatives on the cannabis regulation bill, more than a hundred civil society organisations from around the world gave their backing to it in an open letter. After the cannabis law was approved, growers set up the Uruguayan National Federation of Cannabis Growers as an umbrella organisation for marijuana producers. Those eligible to join this federation include people who choose to grow their own plants at home, people who wish to set up members-only cannabis clubs, and people interested in growing cannabis to be sold in pharmacies. Newsletter Subscribe to our newsletter. Publication date: 29 June What are the trends in drug matters in Uruguay? What are the current drug laws in Uruguay? How does Uruguay positions itself in the international debate on drug policy? Relevant drug laws and policy documents in the country. About about drug law reform in uruguay Publication type Primer. Relevant drug laws and policy documents in the country See also National Secretariat on Drugs Junta Nacional de Drogas - JND and the section on controlled regulation of the marijuana market. Back to top 2. Back to top 3. Summary of important pronouncements, initiatives and proposals to reform the law, July 31, - The Uruguayan House of Representatives passed the bill that legalises and regulated the market of cannabis in the country, being the first in the world to do that. Back to top 4. Back to top 6. Back to top 7. Back to top 8. What role is civil society playing in the debate on drugs? Back to top 9. Foreign Policy at Brookings. Research and texts by Guillermo Garat. June Special Report Uruguayan television Teledoce about marijuana - March 30, Monitoring and evaluation of the new regulatory law on cannabis in Uruguay - Side event CND , Tuesday 18 March with videos of the event Infographic: How will Uruguay's regulation of cannabis work? December Tags Drug Law Reform. Publication: Newsletter banner Did you enjoy reading this content? Newsletter Subscribe to our newsletter Subscribe now. Infographic: How will Uruguay's regulation of cannabis work? Infographic: Why is Uruguay regulating; not criminalising cannabis? Hundreds of social struggles. Countless ideas turned into movement. Support us as we celebrate our 50th anniversary in Make a donation.
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Uruguay surrenders to win
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Uruguay surrenders to win
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