IMPLICATION OF DECRIMINALIZATION OF DRUGS
Author:- Nadipudi Jayavanth, a Student of NMIMS School of Law, Bengaluru
What is decriminalization?
Decriminalization is the removal of all criminal consequences against a certain substance, even its use or possession in small amounts. A decriminalized substance is still prohibited, but the penalties are substantially less severe. Those detected in possession of the substance (in little amounts, for example) would not be imprisoned. Instead, they could face a fine, orientation sessions, or drug treatment. Meanwhile, the creation, distribution, and sale of decriminalized drugs remains illegal.
Drug decriminalization has been a source of contention for many years. While some claim that it would lower the number of persons imprisoned for drug-related offences and help those suffering from addiction, others contend that it would promote drug usage and make deadly substances more available. In this post, we shall look at the consequences of drug decriminalization.
What are some of the challenges that countries have faced in implementing drug decriminalization policies?
Those who believe in a "war on drugs" approach and see drug use as inherently hazardous frequently oppose drug decriminalization. Overcoming these deeply held ideas and educating the public about the potential benefits and drawbacks of decriminalization can be difficult.
The goal of decriminalization is to move the emphasis from punishment to harm reduction and therapy. Finding the correct balance between safeguarding public health and guaranteeing public safety, on the other hand, can be a difficult task for legislators.
Drug decriminalization may jeopardize the profitability of organized crime syndicates that have long dominated the drug trade. Countries must devise ways to deal with the anticipated increase in illicit market activity and the resulting violence.
Decriminalization should be complemented by an expansion of harm reduction and treatment programmes to assist people who are addicted. However, countries may encounter difficulties in providing enough resources and access to these programmers, particularly considering restricted budgets and conflicting priorities.
It might be difficult to assess the success or failure of drug decriminalization measures. Some studies reported favourable results, such as a decrease in drug-related harms, while others found mixed findings. To understand the impact of their decriminalization efforts, countries must invest in robust research and evaluation tools.
Critics say that decriminalization will promote drug usage as the fear of legal penalties fades. Evidence from nations such as Portugal, which decriminalized drugs in 2001, suggests that drug usage did not increase dramatically. It might be difficult to strike a balance between minimizing criminalization and ensuring public safety. It is critical to continue to address drug-related behaviours that damage others, such as driving under the influence. Creating efficient regulatory frameworks for controlled medication distribution can be difficult and time-consuming, requiring significant resources and expertise.
In a nutshell, drug decriminalization is a complex problem with both positives and cons. While it may lower the number of persons imprisoned for drug-related offences and assist those suffering from addiction, it may also increase the availability of harmful drugs and overburden existing treatment services. When going forward with decriminalization, governments will need to address difficult issues such as which chemicals are legal, for what usage, and in what quantities. Finally, the choice to decriminalize drugs will necessitate thorough analysis of the potential consequences.
References:
https://www.ojp.gov/ncjrs/virtual-library/abstracts/against-legalization-drugs-1
https://journals.sagepub.com/doi/10.1177/20503245231167407
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2072016/
https://www.govinfo.gov/content/pkg/CHRG-106hhrg64343/html/CHRG-106hhrg64343.htm
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