An Investigation of International Policies Regarding Marijuana
M. Brian Schimming; December 7, 2007
In the United States there exists a multitude of policies and legislation regarding drug use. Included in these policies is strict legislation to prevent the use, cultivation, and distribution of marijuana. Not surprisingly, many other countries have also seen fit to pass legislation regarding marijuana. How do other nations’ policies compare to the United States, one may ask. Here we shall explore the current marijuana policies for several countries. First, however, we must discuss the current Unite State’s policy regarding marijuana.
The United States created a special office to deal with drugs and it is called the Office of National Drug Control Policy. Specifically, the Office of National Drug Control Policy’s main purpose is to set down policies for drug law and assign priorities or goals for the war on drugs (1). Currently, the United States has a very clear-cut policy on marijuana use. Marijuana is considered to be a Schedule I substance as told in the Controlled Substances Act. What this means is that marijuana has a high likelihood of being abused when it is used. Nationally, there is no accepted medical use of the drug in any treatments of illnesses or pain. In 1998 the federal government took the Oakland Cannabis Buyers Cooperative to the Supreme Court. The Supreme Court then ruled that marijuana has no medicinal value. In 2002, the classification of marijuana was challenged and taken to the United States Court of Appeals. The argument stated that marijuana did not fit the standards to remain in schedule I. The United States Court of Appeals rejected this statement and ruled that marijuana remain a schedule I substance.
Just north of the United States of American is Canada. Canada had a stricter drug policy but has just recently moved towards having a harm reduction strategy much like many European countries today. The Canadian Government treats drug use and misuse as a public health problem and as much as 70 percent of its budget of drug prevention is spent on demand reduction. Canada is a country that still technically has marijuana as an illegal substance, but since 2001 has deemed marijuana to be legal in the case of medical purposes for people with serious illnesses. In 2003 the Canadian Government was made to sell marijuana to patients that were certified as needing marijuana. Surprisingly this makes Canada the first country in the world that allows its own government to sell marijuana in a legitimate way. The next step that the Canadian Government wants to make is to reduce the severity of sentences for the possession of small amounts of marijuana. A major distinction between Canada’s marijuana policy and the United State’s is that Canada intends on inspecting and evaluating the effectiveness of its relaxed drug reform laws. Canada is well on its way to the legalization of marijuana for all of its citizens.
Taking the legislation a step further is the United States neighbor to the south, Mexico. Traditionally Mexican drug policy has been heavily influenced by the United States. Mexico has received millions of dollars from the United States in order to fund anti-drug campaigns in an effort to prevent drugs from reaching the United States through Mexico. In 2006, however, Mexican congress passed legislation that “decriminalized” marijuana in small amounts for personal use. This action caused Mexico to be brought under pressure from the United States for being soft on the war on drugs. Mexican President Fox sent the legislation back to Congress which then changed the legislation to legalize small amounts of drugs for personal use rather than just “decriminalize” the offense.
The European point of view on marijuana is one of tolerance and harm reduction. Ireland, however, is the complete opposite of this. In Ireland, marijuana is illegal. It is forbidden to grow, possess, distribute or prescribe cannabis, unless licensed by the Health Minister. There is also a lot of controversy about the legalization of marijuana in Ireland. Alcohol is a major drug of choice in Ireland and some of Ireland’s citizens are upset that alcohol is legal and marijuana is not. Some at the Centre for Cannabis Policy Reform believe that it is unfair to punish people who choose to possess marijuana because they view it as a safer alternative to alcohol (3). So far they have had no luck at amending the marijuana laws.
The English however have been more fruitful in their efforts to amend cannabis laws. With a surprising amount of support from law enforcement, a majority voted to move marijuana from a class B drug to a class C drug. With this new classification marijuana possession became an offense to which arrest is not necessary in most circumstances. Actions that could result in arrest include using marijuana near a populated school, or trafficking marijuana. One advantage to this policy, according to Junior Home Office Minister Caroline Flint, is that this “will allow police to focus their recourses on ‘the more dangerous drugs’, such as heroin and crack cocaine” (4). This shift in British policy however has had little effect on the policy of their neighbor country, Ireland.
Another country to “decriminalize” the possession of small amounts of marijuana for personal use is Germany. Germany adopted its current drug policy in 1981 by an almost unanimous decision. However many amendments have been made in an attempt to cope with perceived drug problems. The most notable addition is an amendment that allows prosecutors the option to not press charges in cases of minor offenses. Despite the illegality of marijuana in Germany it is possible to possess small quantities for personal use without being arrested. Even though this may be true, it is still considered a serious offense to traffic, distribute, or cultivate marijuana. It would also be considered a serious offense to sell any quantity of marijuana to any person under 18-years-old.
The policy on marijuana is not very different in the Netherlands. Dutch law is the most lenient on marijuana users in all of Europe. The policy is that citizens of the Netherlands that are eighteen years of age are allowed to buy and use cannabis in coffee shops that are regulated by the government. The Dutch government set out their drug policy the way they did because they believe that users of less dangerous drugs, such as marijuana, are less likely to try harder drugs, such as heroin or cocaine. Citizens who buy softer drugs in a legal setting are not exposed to the criminal black market where the harder drugs are trafficked and the Dutch Government believes that this separation will prevent citizens from experimenting with harder drugs. While buying and selling small amounts of marijuana has been made legal, it is still subject to scrutiny and special rules. For example, a coffee shop that sells cannabis is not allowed to sell alcohol and the sale of marijuana cannot be advertised or sold to minors. Also no more than 5 grams maybe be sold to each person. The Opium Act still mandates that the sale of marijuana is illegal and those who sell should be prosecuted. The Dutch Government has set up guidelines to the Opium Act which dictates that prosecution only occurs in specific circumstances. The Netherlands permit a controlled and carefully watched use of marijuana.(5)
Yet another example of European marijuana laws can be found in Switzerland. Switzerland is much like the United States in that it has 26 individual states each with its own government and constitution. Some of the states even speak their own languages so it is easy to see that a national drug policy would be hard to come by. As late as 1999, marijuana was still illegal, but it was being used and traded publicly. The Federal Commission for Drug Issues decided to reevaluate the drug laws on cannabis at this time. Marijuana was sold in “hemp” stores all over the country. The Federal Commission for Drug Issues noticed that most of the marijuana being produced was sold on the illegal market instead of in the legal stores. Then the Federal Commission decided to lessen the penalties on personal use. The Swiss Government saw marijuana as a better alternative to other illegal and harder drugs. As of 2001, the Swiss Senate has approved the legalization of marijuana use and purchase. While the process to make it a national law is somewhat more complex and requires the approval of the House of Representatives, the legalization will most likely occur.
Another country to have reformed their cannabis laws is Australia. However, not all territories have reformed their policies and as a result some confusion arises. In Australia it is up to each territory to decide what constitutes a drug offense, and what penalties that offense may carry. As a consequence of this separation of policy making Australia does not have consistent drug laws throughout the country. The Southern Australian Territory was the first to adopt “decriminalization” policies regarding marijuana in 1986. The Australian Capital Territory as well as the Northern Territory followed with similar legislation in 1992 and 1996 respectively. The Victoria Territory adopted a system of cautions for mild marijuana offenses in 1998, followed shortly thereafter by Western Australia. None of these policies adopted by any of the Australian territories, however, change the law in such a manner to make marijuana possession legal. Although still illegal, the punishment for possession of small amounts of marijuana for personal use has been reduced to merely a fine. However, if the fine is not paid within a certain period criminal prosecution could arise, potentially leaving a permanent mark on an offender’s record.
Finally, we can take a look at the drug policy on cannabis in Asia and in Eastern Europe. In 2004, Russian President Vladmir Putin made possession of small amounts of drugs legal. No more than 20 grams of marijuana may be in possession at a single time. If a citizen were caught with more than this amount, the legislation decrees that fines or community service be served. The unique idea behind Russian marijuana policy is that while it is legal to possess and use small amounts it is illegal to possess any type of drug paraphernalia. This includes pictures or references to drugs on cell phone covers, informational books, and vodka. While marijuana use is legal for the citizens of Russia, it is still illegal for visitors or immigrants. If caught, foreigners can be forced to leave Russia and will not be allowed to return. Russia has a very lenient drug policy compared to other countries in Asia.
China, for example, has one of the harshest drug and marijuana policies there is. The People’s Republic of China has a zero tolerance policy to possession and use of marijuana. This goes as far as execution for those who are found guilty of crimes involving drugs which includes marijuana. Over 60 people were killed for various drug crimes in the year 2002 and if the Chinese Government decides not to execute, drug criminal will get at least 7 year in prison if not more. Over the years, China has started some harm reduction policies including rehabilitation for drug users. This recent addition has only occurred due to China’s growing drug problem.
Lastly, Africa has no drug policy whatsoever. Marijuana was not even a major concern until the recent internal social, economic and political instability brought it to light. The unsteady conditions of international relations have created a situation that allows easy marijuana use and trafficking. Currently, cannabis is the most used and produced drug in Africa although it is difficult to monitor. Economic and social conditions are so bad in Africa that to focus on marijuana regulation would draw resources away from other issues. While there are arrests made for marijuana possession, most can get off by bribing the judges or police. Most Africans live in rural communities where cannabis is produced to make extra income to stay alive. In many places it is cheaper and more accessible than alcohol. South Africa is a major producer of marijuana and most of what it produces is used by its citizens while some is smuggled into the United States or Europe. Morocco is one of Africa’s countries that has made an attempt at marijuana regulation. It has been ineffective though and the country is responsible for 70 to 80 percent of European found cannabis resin and about half of the resin found throughout the world. Compared to other countries throughout the world, Africa has the most relaxed marijuana policies (5). In conclusion, almost every country in the world has policy regarding marijuana. From the numerous examples of international policy on marijuana it is clear that there is no uniform standard for marijuana. Many countries penalize the use of marijuana harshly, while others have “decriminalized” the act, still some countries have legalized marijuana for personal use while a handful of countries have no legislation on the matter what so ever. While it is clear that every country should have some legislation regarding marijuana, it is up to the individual countries to determine what the legislation is based on their own ideologies and needs.
References
(1) http://www.whitehousedrugpolicy.gov/policy/index.html. last update June 6, 2007
(2) http://www.irishhealth.com/index.html?level=4&id=3123. Condon, Deborah. © 2007
(3) http://www.ccpr.ie/. © ccpr.ie 2006.
(4) http://www.commondreams.org/news2003/1029-09.htm. © Copyright 1997-2003 Common Dreams
(5) http://www.drugpolicy.org/homepage.cfm. Copyright ©2007 Drug Policy Alliance. All Rights Reserved
Links
