Historique
Rapport
The limits of latitude. The UN drug control conventions
Auteur(s) :
BEWLEY-TAYLOR, D. R. ;
JELSMA, M.
Année
2012
Page(s) :
24 p.
Langue(s) :
Anglais
Éditeur(s) :
Amsterdam : Transnational Institute (TNI)
;
London : International Drug Policy Consortium (IDPC)
Collection :
Series on legislative reform of drug policies, Nr.18
Refs biblio. :
93
Domaine :
Drogues illicites / Illicit drugs
Discipline :
LOI (Loi et son application / Law enforcement)
Organismes
ONU
Thésaurus mots-clés
TRAITE INTERNATIONAL
;
CONTROLE DES STUPEFIANTS
;
POLITIQUE
;
LEGISLATION
;
REPRESSION
;
POSSESSION DE DROGUE
;
CULTURE PRIVEE
;
REDUCTION DES RISQUES ET DES DOMMAGES
;
STRUCTURE DE PROXIMITE
;
CANNABIS
;
USAGE THERAPEUTIQUE
;
COFFEE SHOP
Thésaurus géographique
INTERNATIONAL
Résumé :
This briefing paper outlines the international legal drug control obligations, the room for manoeuvre the regime leaves open to national policy makers and the clear limits of latitude that cannot be crossed without violating the treaties. It also covers the vast grey area lying between the latitude and limitations, including the legal ambiguities that are subject to judicial interpretation and political contestation.
The paper applies the traffic light analogy to drug law reform in order to divide ongoing policy changes and emerging proposals into three categories regarding their legal tenability:
RED: stop or challenge the conventions;
ORANGE: proceed with caution; and
GREEN: please proceed.
KEY POINTS:
• Decriminalization of possession, purchase and cultivation for personal use operates reasonably comfortably inside the confines of the UN drug control conventions
• Harm reduction services, including drug consumption rooms, can operate lawfully under the drug control treaty system
• There is greater scope to provide health care or social support instead of punishment for people caught up in minor offences related to personal use or socio-economic necessity
• All controlled drugs can be used for medical purposes, including heroin prescription and 'medical marijuana'; what constitutes medical use is left to the discretion of the parties
• The INCB often increases tensions around interpretations instead of resolving them, though the Board should be guided 'by a spirit of co-operation rather than by a narrow view of the letter of the law'
• There are limits of latitude; a legal regulated market for non-medical use of cannabis or any other scheduled drug is not permissible within the treaty framework
• Legal tensions exist with other international legal obligations such as those stemming from human rights or indigenous rights
• Growing doubts and inherent inconsistencies and ambiguities provide legitimate ground for demanding more space for experimentation with alternative control models than the current systems allows
The paper applies the traffic light analogy to drug law reform in order to divide ongoing policy changes and emerging proposals into three categories regarding their legal tenability:
RED: stop or challenge the conventions;
ORANGE: proceed with caution; and
GREEN: please proceed.
KEY POINTS:
• Decriminalization of possession, purchase and cultivation for personal use operates reasonably comfortably inside the confines of the UN drug control conventions
• Harm reduction services, including drug consumption rooms, can operate lawfully under the drug control treaty system
• There is greater scope to provide health care or social support instead of punishment for people caught up in minor offences related to personal use or socio-economic necessity
• All controlled drugs can be used for medical purposes, including heroin prescription and 'medical marijuana'; what constitutes medical use is left to the discretion of the parties
• The INCB often increases tensions around interpretations instead of resolving them, though the Board should be guided 'by a spirit of co-operation rather than by a narrow view of the letter of the law'
• There are limits of latitude; a legal regulated market for non-medical use of cannabis or any other scheduled drug is not permissible within the treaty framework
• Legal tensions exist with other international legal obligations such as those stemming from human rights or indigenous rights
• Growing doubts and inherent inconsistencies and ambiguities provide legitimate ground for demanding more space for experimentation with alternative control models than the current systems allows
Affiliation :
International Drug Policy Consortium