Transcript Model of Drug Policy

Czech Drug Policy and Its Recent
Development
Secretariat of the Government Council for Drug Policy Coordination
Structure of the presentation
Basic model and concept of Drug Policy
National Drug Policy Strategy and Action Plan – goals and priorities
Evaluation of Drug Policy Strategy
Recent developments – New Penal Code, Medical Cannabis
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Model of Drug Policy
The way how society (decision makers)
perceive drug phenomenon gives a framework in which drug
policies are formulated, intervention and measures taken
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Model of Drug Policy
Model of repression and law-abiding (Hartnoll, 2004)
Drug use is viewed as devious, pathological
Control of psychoactive substances, combating the drug use
Model of Public Health
Drug use is viewed in the context of individual and social behavior, with
risks for individuals and the society
Socio/economic model
Drug use is a phenomenon created by the reaction of society and
pathological behavior is the consequence of the policy.
Normalization of drug use and repression only creates the illegal
market and leads to the criminalization
Hartnoll R., (2004): Drugs and Drug Dependency. Connecting research, policy and praxes. What
have we learned and what could we learn. Council of Europe ISBN 80-86734-45-5
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Model of Drug Policy
Model of risk-minimalization (Cohen, 1997)
Attention is focused on the minimalization of risks and organized
crime (drug distribution). Decrease in drug use prevalence is viewed
not as a goal of drug policy, but as a means for reducing the harm
of drug use
Cohen P. (1997): Drugs Policy Profiles. Amsterdam University Press, Amsterdam
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Model of Drug Policy
The case of Czech Drug Policy:
Public Health (Protection) Model
Drug use is viewed in the context of individual and social
behavior, with risks for individuals and the society. Drug
dependency is viewed in line with the Bio – psycho – social –
(spiritual) model
Is based on a comprehensive aggregate of preventive,
educational, therapeutic, social, regulatory, and control
measures, including law enforcement measures
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1990 – 1992 Commission of CSFR for Drugs
December 1992 – Christmas memorandum to the Government
1993 – set up of the Interministerial Drug Commission
1993 – 1996 – First Drug Policy Program
1998 – 2000 – Second Drug Policy Program
2001 – 2004 – National Drug Strategy
2005 – 2009 – National Drug Strategy and 2 Action plans
2010 – 2018 – National Drug Strategy and 3 Action Plans
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1998 – 2000 – Second Drug Policy Program
For the first time ever, priorities also included alternatives to the
(criminal) prosecution of drug users and prison programmes
there was also a shift in the perception of drugs – from the
perception of drugs as a direct threat to society to a perception of
drugs as a phenomenon presenting health and social risks
2001 – 2004 – National Drug Strategy
harm reduction strategy finally became (officialy) one of the four
pillars of the government policy
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National Drug Strategy 2010-2018
Strategy
purpose
Strategy
approaches
Goals
Drug policy
pillars
Protection of individuals and society from harm caused by drug use and from its crime-related
impact
Demand reduction
To reduce the
level of
experimental and
occasional drug
use, particularly
among young
people
Primary Prevention
Harm reduction
To reduce the
level of problem
and intensive
drug use
Treatment and
Social
Reintegration
To reduce
potential drugrelated risks to
individuals and
society
Harm reduction
Supply reduction
To reduce drug
availability,
particularly to
young people
Drug Supply
Reduction
Coordination and Funding
Supporting
areas
Monitoring, Research, and Evaluation
International Cooperation
SEKRETARIÁT RADY VLÁDY PRO KOORDINACI PROTIDROGOVÉ POLITIKY
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National Drug Strategy 2010-2018
4 specific objectives of the Strategy:
To reduce experimental drug use
To reduce problem drug use
To reduce the risks related to drug use
To reduce availability of drugs
Action Plans – 3 for 3 years
sets the priorities of drug policy for the concerned period
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National Drug Strategy 2010-2018
Priorities of the Action Plan 2010-2012
• to implement interventions aimed at reducing the high level of the
use of cannabis, in particular, and other legal and illegal drugs;
• to reduce the high level of problem pervitin use by applying specific
interventions and programmes;
• to strengthen the drug policy in relation to legal drugs (alcohol and
tobacco), primarily in terms of policy and coordination mechanisms
and treatment, and
• to develop and improve the drug policy’s overall legislative, financial,
and coordination mechanisms
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Evaluation of Drug
Policy Strategy 2005-2009
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Aim of evaluation
To learn:
• The extend to which strategic goals where achieved
(How has the drug situation changed)
• What were the main achievements and failures of drug policy in
5 years
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Findings
The character and potential of planned activities (defined in
Action plan 2007-2009) and also the level of successful
implementation corresponds with the success in achieving
strategic goals and areas
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eg. - prevention
Prevention in Action plan 2007-2009
• No activity leaded directly to specific
• High level of
strategic goals
experimental use –
• High % (70) of activities focused on
cannabis, alcohol …
organizational-coordination frame – only
30 % of activities were focused on solving
a problem
• The consumption of
illegal drugs increased, of • Fulfilled/implemented 58 % of activities in
2005-2006, and 35 % in 2007-2009
legal drug stabilized on a
• Implemented 1 activity out of 6
high level
characterized as those with higher
potential of changing a drug situation
• No improvement was noticed/declared in
this area; what more number of strong
points from 2004 were weakened
(SWOT)
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eg. – harm reduction
• Infection diseases and
other health
consequences on a low
level
• Stabilization of problem
drug users
• Relatively stable
network of drug services
Harm-reduction in Action plan 20072009
• Had the highest no. of activities
leading directly to achieving most
of strategic goals
• Highest % (65) activities, which
were specifically focused on
problem solving,
• Fulfilled/implemented 78 % of
activities 2005-2006 (most from all
4 pillars), 41 % in 2007-2009
• Implemented 8 key activities (from
16) important for strategic goals
achievement
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Incidention matrix – all activities
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Incidention matrix – key activities
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Recent developement
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The Penal Code
really that revolutionary?
January 2010 – Act. No. 40/2009, Coll., the Penal Code
has brought changes to the legal definitions of drug-related criminal
offences
Follow up of the recommendations from the research conducted in 19992001 (Impact analysis of the new drug legislation - PAD)
lower punishment range refers to the possession of cannabis in a quantity
greater than small; other types of drugs carry stricter sentences
new provision concerning the illegal cultivation of plants and mushrooms
containing a narcotic or psychotropic substances (NPS)
January 2010 – Government regulation No. 455/2009, Coll.
list of plants and mushrooms containing NPS and their respective
quantities for the new Penal Code
January 2010 – Government regulation No. 467/2009, Coll.
quantities greater than small of NPS for the purposes of the new Penal
Code
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The Penal Code
really that revolutionary?
• Law since 1999:
– makes it again possible to prosecute for the possession of drugs
for personal use
– introduced the concept of “quantities greater than small“
• Law since 2010:
– specifies what is “ quantity greater than small“
– introduces new section - Unauthorized cultivation of plants
containing narcotic or psychotropic substances
– Sanctions for possession of plants were eased and sanctions for
possession of other drugs strengthened
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Rationale behind it I.
• In 1999 - the Czech law makes it again possible to prosecute for the
possession of drugs for personal use.
• Introduced the terminology „quantities grater than small“ as the
criterion for distinguishing between misdemeanor and crime
• What is the „quantity greater than small“ was not clear – there was
only a internal recommendation from the police headquarters which
was not binding
• Different praxes took place (in judging the same case)
• There was a need for united approach – for právní jistota?
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Rationale behind it II.
• In 1999–2001 - the Impact analysis of new drug legislation (PAD) to analyze the impacts of the legislative intervention that criminalized
the possession of illegal drugs for personal use.
• Conclusion:
• With no distinction made between drugs according to their health
and social risks, the move proved to be ineffective and caused
unnecessary economic and social costs.
• The Government approved following measures:
• to approve a bill that divides drugs into categories according to
their health and social risks (2006 not passed because of
sections on economic crime, 2008 passed)
• Drug users should be offered drug treatment instead of criminal
punishment.
• The criminal law enforcement agencies should focus particularly
on controlling and prosecuting the activities of highly organised
criminal gangs.
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Rationale behind it III.
• To distinguish between illegal market with marihuana from
commertionalised and violent drug market with higher social and
health consequences.
• The outcome would be the better protection of public health and
safety with lower availability of marihuana for those who do not use
marihuana and for the youngest generation.
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The Penal Code
really that revolutionary?
• Possession of a narcotic drug in any amount including cultivation of
marihuana is forbidden by the law in any circumstances,
• If the illegal drug is possessed for other purposes than personal use
it is a criminal offence.
• If the illegal drug is possessed in quantity greater then small it is a
criminal offence,
• If the illegal drug is possessed in quantity smaller than small it is a
misdemeanor
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Quantities greater than small of NPS for
the purposes of the new Penal Code
Type of
Substance
(name in
General
usage)
Quantity greater than
small
Active principle
The smallest quantity of the active
principle which a substance
designated as a drug must contain
for its quantity under examination to
be deemed greater than small
Pervitin
(Methamphetamine)
more than 2 g
(+)-1-phenyl-2methylaminopropane
0.6 g
0.72 g (hydrochloride)
Heroin
more than 1.5 g
3,6-diacetylmorphine
0.2 g
0.22 g (hydrochloride)
Cocaine
more than 1 g
Benzoylecgonine methylester
0.54 g
0.6 g (hydrochloride)
Marijuana
more than 15 g of dry
matter
Delta-9-tetrahydrocannabinol
1.5 g
Hashish
more than 5 g
Delta-9-tetrahydrocannabinol
1g
Ecstasy (MDMA)
more than 4
tablets/capsules
or more than 0.4
g of powdery or
crystalline
substance
1-(3,4-methylendioxyphenyl)2-methylaminopropane
0.4 g
0.40 g (hydrochloride)
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Plants and mushrooms containing NPS and
their respective quantities for the new Penal
Code
List of plants and mushrooms
Quantity greater than small
Plants of cannabis (Cannabis sp.) containing more than 0.3% of
substances comprising the tetrahydrocannabinol group
more than 5
Coca shrub (Erythroxylum coca)
more than 5
Mushrooms containing psilocybin and psilocin
more than 40
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Medical Cannabis
• To separate the issue of medical use of cannabis from the issue of
misuse/abuse of cannabis
• Czech authorities are willing to support medical use of cannabis in a
way that is in accord with its international commitments
• A legislative proposal has been prepared
– Setting the agency
– Allowing the possibility to import cannabis for medical use and also to
cultivate it domestically
– A special register needs to be established with police to have access to
it
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• PAD – http://www.drogyinfo.cz/index.php/o_nas/studie/projekt_analyzy_dopadu_
novelizace_drogove_legislativy
• Annual Report 2009 (comparison of old and new Penal
Code) http://www.drogyinfo.cz/index.php/english/annual_reports_and_other_mai
n_resources/annual_report_the_czech_republic_2009_d
rug_situation
• Evaluation of CZ Drug Policy Strategy
http://www.vlada.cz/assets/ppov/protidrogovapolitika/dokumenty/narodni-strategie/Evaluacnizprava_NSPP-2005-2009.pdf
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Thanks
[email protected]
www.vlada.cz
www.drogy-info.cz
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Coordination of the Czech Drug Policy
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