Legalisation

Legalisation can be defined as the act of eradicating something that is illegal making it legal.  Legalisation is a term commonly describes a controversial approach regarding substance abuse referring to the idea of removing legal penalties or restrictions associated with certain drugs. This approach aims to treat addiction as a public health issue rather than a criminal offense.

Countries that criminalise drug possession or use often hinder individuals’ opportunities in employment, education and housing, while exposing them to human rights abuses. Such policies negatively affect not only the individuals but also their families and society. This report aims to educate the public and policymakers on the benefits of decriminalising drug possession. It demonstrates that decriminalisation does not result in higher drug use rates and that law enforcement approaches have minimal effect on these rates. Instead, effectively ending criminalisation can alleviate the mentioned harms and lead to positive outcomes in social, health and economic aspects for both individuals and society.

The concept of legalisation has a complex history in almost every country around the world. It can be traced back to the mid-20th century when various countries started questioning the effectiveness of the global war on drugs. Advocates argue that the criminalisation of drugs has resulted in numerous negative consequences, including overcrowded prisons and an increase in drug-related violence.

Proponents of legalisation believe that regulating drugs rather than prohibiting them, could help reduce the harms associated with addiction. They argue that legalising drugs could allow for quality control, age restrictions and education on responsible use. Additionally, it could generate tax revenue that could be directed toward addiction treatment and support services.

The criminalisation of drug users exacerbates health and welfare issues. Globally, there’s a shift towards decriminalising drug possession for personal use and in some places, even the personal cultivation of cannabis and non-commercial sharing of substances. Decriminalisation means removing criminal penalties, sometimes replacing them with civil sanctions or removing penalties entirely.

This approach suggests removing criminal penalties for personal drug possession while maintaining strict regulations for drug production and distribution. Decriminalisation aims to shift the focus to harm reduction and supporting individuals struggling with addiction.

Thirty countries have adopted various forms of decriminalisation, showing diverse effectiveness and approaches. An interactive map offers insights into these laws, their application and effects. However, inclusion in this map doesn’t mean endorsement, as some countries like Mexico and Russia have ineffective decriminalisation frameworks. The ideal model of decriminalisation involves eliminating all penalties for drug use and ensuring access to voluntary, evidence-based and human-rights-aligned health and social services.

Over 30 countries have formally adopted decriminalisation policies with others like Ireland considering similar measures, following the example set by Portugal. This shift has been endorsed by many influential bodies such as the Global Commission on Drug Policy, advocating for decriminalisation as a more effective and compassionate policy direction. The models of decriminalisation vary widely across countries with some adopting legal frameworks (de jure) and others deprioritising drug possession enforcement (de facto). This movement includes a wide range of countries, suggesting a growing overall recognition of the failure of criminalisation and the benefits of a more humane approachs.

Accordiong to CityWide : Countries or States that have legalised personal drug use

• Antigua + Barbuda
• Argentina
• Armenia
• Australian States
  South Australia, Australian Capital Territory, Northern Australia
• Belize
• Bolivia
• Chile
• Colombia
• Costa Rica
• Croatia
• Czech Republic
• Estonia
• Germany
• Italy
• Jamaica
• Mexico
• Netherlands
• Paraguay
• Peru
• Poland
• Portugal
• South Africa
• Spain
• Switzerland
• United States of America
  Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Nervada, New Hampshire, New Mexico, New York, Oregon, Rhode Island, Vermont,  District of Columbia.
• Uruguay
• Virgin Islands 

It is key to note that legalisation does not necessarily mean endorsement or encouragement of drug use. Rather, it aims to create an environment where individuals struggling with addiction can seek help without fear of criminal consequences. Legalisation also seeks to disrupt the cycle of stigma and shame often associated with substance abuse.

Although the topic of legalisation remains highly debated, several countries and regions have implemented various forms of drug policy reform, ranging from the legalisation of specific substances to the complete decriminalisation of small amounts of drugs for personal use.

Why Have So Many Countries Adopted this “Quiet Revolution?”

Over five decades since its inception, the global drug policy, rooted in prohibition, continues to cause significant harm. Annually, approximately $100 billion is spent globally on law enforcement approaches to combat drugs, predominantly leading to the criminalisation and incarceration of nonviolent, low-level drug offenders. Shockingly, 83% of drug-related offences are for simple possession.

Despite these efforts, drug use has risen with adult usage increasing by almost 20% from 2006 to 2013, highlighting the ineffectiveness of punitive approaches as a deterrent. These strategies have contributed to overcrowded prisons, increased spread of infectious diseases and nearly 200,000 drug-related deaths in 2013 alone.

The enforcement of drug laws disproportionately impacts ethnic minority communities, exacerbating social inequalities. This is particularly evident in countries like the United States, where such policies have led to the mass incarceration of African Americans, damaging community-police relations.

However, a shift is occurring away from prohibitionist policies.

Various countries are exploring alternatives, including reducing penalties and increasing harm reduction and public health initiatives. Decriminalisation, which involves removing criminal penalties for the possession of small amounts of drugs for personal use, is gaining traction. This approach has been in place in some countries since the 1970s and in the last 15 years, a new wave of countries has adopted decriminalisation, instigating a significant paradigm shift.

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