Illegal drug trade: Encyclopedia II - Illegal drug trade - Punishments in various countries

Illegal drug trade - Punishments in various countries

To be written

Illegal drug trade - Australia

There is a movement in Australia to make some narcotics decriminalised, particularly marijuana, the possession of such, in most states being a non-convictable offence (the definition of what constitutes possession differs however). Heroin trials have been tried in various states with mixed results.

As a result of the decriminalisation, the punishments for drug use and drug dealing in Australia are typically very small, with many convicted small-time drug dealers not having to spend any time in jail.

There is an associated pro-drugs culture amongst a minority of the youth of Australia. The popular national youth radio station, Triple J radio often refers to drug use with a neutral sentiment, rarely discouraging their use. Many take this neutrality as an encouragement to use drugs, and a feeling of drug use being acceptable in Australia.

Illegal drug trade - The Netherlands/Holland

In the Netherlands, marijuana and other soft drugs are fully decriminalised in small quantities. Contrary to popular belief, marijuana is still illegal, mostly to satisfy the country's agreements with the United Nations. Coffee shops are tolerated across the country, and pay taxes like any other business for their sale of "coffee", although distribution is a grey area that the authorities would rather not go into as it's not decriminalised. The majority are found in Amsterdam and cater mainly for the large tourist trade; the local consumption rate is far lower than in the US.

Similarly to the rest of the European Union member states and American democracies, controlled drugs are illegal in the Netherlands. Nevertheless, illegal narcotics are consumed worldwide, causing concern in the international community. According to the United Nations Drug Control Program (UNDCP, 2001) results in their World Drug Report estimate “that the extent of drug abuse in the world involves about 180 million people, which represents 3% of the global population. The majority of drug users (80%) used cannabis, followed by amphetamine-type stimulants such as methamphetamine, amphetamine and substances of the ecstasy group (16%), cocaine (8%), heroin (5%) and other opiates (2%)”.

The administrative bodies responsible for enforcing the drug policies include the Ministry of Health, Welfare and Sport (VWS), the Ministry of Justice, the Ministry of the Interior and Kingdom Relations, and the Ministry of Finance. It is important to note that local authorities also shape local policy, within the national framework. The prohibition policy is heavily influenced by the international community (through the United Nations), especially the neighboring states of France and Germany, which pressure the kingdom to be more strict, for they are directly affected through the illegal trafficking of narcotics coming from the Netherlands.

Legally, possession, manufacturing, trafficking, importation and exportation are forbidden. Nonetheless, it is not an offense to use drugs (Ministry of Foreign Affairs, 2003). There are different penalties involved when breaking the law, which may include a monetary fine, imprisonment, or both. To apply the law, the government differentiates between soft and hard drugs. Soft drugs are considered to produce less harm to both the individual and society, these being used mainly for homeopathic and recreational purposes. This category encompasses cannabis (nederwiet), hashish and some fungi. Hard drugs are considered to cause considerable personal harm through addiction and physical detriment, as well as nuisance to society, by increasing crime and deteriorating families. Cocaine, heroine and ecstasy belong to this category.

Along with these two categories, there is a pyramid of priory when it comes to prosecution by law enforcement agencies. The handling and trade of hard drugs is on the zenith, being a joint target not only by the Netherlands, but also by the international community. This can be punished by maximum sentences of twelve years of imprisonment and/or a fine of up to €45.000. The second priority is given to the production and trade of soft drugs. Deviation from the AHOJ-G criteria for coffee shops may result in up to four years of imprisonment and/or a fine of €45.000. This point will be further explained in the next paragraph. The third priority focuses on hard drugs users. Unlike other countries, consumers are not considered criminals. This label would bring negative repercussions to the individual, and it would keep users from seeking help. The state aims to rehabilitate users and prevent others from becoming addicted. However, disturbance to society cased by this consumption can result in one year of prison and/or €11.250. Lastly, individuals possessing more than five grams for personal consumption, or disturbing the public, can go to prison for one month and/or be fined €2.250. There are of course varying rules within this categories, for example the amount possessed, the role played in the transaction, and the intent of the goods.

As regards coffee shops, the line between law and practice thins. A coffee shop is a heavily controlled business establishment where individuals can purchase a personal dose of soft drugs in the form of joints, pastry, drinks, and packages. In theory illegal, these shops must abide by governmental and local regulations, as well as meet the AHOJ-G criteria, an acronym for: No Advertising, Hard drugs, Nuisance of any kind, Jongens (minors), and a limit of five grams per transaction. Additionally, the maximum stock at any time is five hundred grams. Local governments may impose additional rules, such as closing times, zones (coffee shops may not be close to schools), and parking restrictions. The rationale behind coffee shops is to keep citizens away from the harmful hard drugs scene, bringing them to a safe, social, and regulated environment.

When analyzing the Dutch model, both disadvantages and advantages can be drawn when comparing the results with other countries. On a moral argument, tolerating soft drugs can be seen as the defeat of the government against hedonism. Additionally, decades of growing and perfecting cannabis and hashish has resulted in increased levels of the main active hallucinagenic constituent tetrahydrocannabinol (THC), as levels have doubled, making the derived products more powerful.

On the other side, Gedoogbeleid has considerable advantages, making it the most successful policy in the post-industrial world. To begin, this tolerance did not result in hordes of young Dutch queuing in coffee shops after school. Though there was a slight increase of use at the beginning, the rates balanced out a couple years afterwards. The presence of coffee shops does not translate in public urge for experimentation. In fact, most people that did not consume drugs before the enhancement of the policy continue not to use them.

Tolerating soft drugs also leads to a more cohesive society, where everyone is represented, even those who decide to use drugs as a recreational item, just like Heineken, a pseudo-symbol of national pride, is widely consumed and exported around the EU and the world. Having users as part of the public sphere also aids the government to conduct studies on the medical and psychosocial consequences of drugs, allowing it to draft improved policies, and serve as an example to the world, as well as aiding those who need professional help, which would hesitate less to seek help if there is no stigma associated with their practice. Eliminating the taboo element associated with illegality, many curious consumers would not even ponder soft drugs as a source of deviance. Incorporating drugs in the market economy also entitles the government to regulate doses and the contents of the products, further reducing potential harm to individuals. The dangers of the underground market are also highly reduced by condoning small-scale trade, making the establishments more accessible to the public.

When compared to other countries, Dutch drug consumption falls in the European average at six per cent regular use (twenty-one per cent at some point in life), and considerably lower than the Anglo-Saxon countries headed by the United States with an eight per cent recurring use (thirty-four at some point in life). Experts have come to the conclusion that the policies applied do not play a striking role in these statistics, though there is debate over this issue (CEDRO, 2004).

It would be hypocritical to accept that the government pretends to maintain the well-being of its citizens by prohibiting drugs, for it is widely known that substances such as cigarettes and alcohol pose a much higher risk factor to the consumer, resulting in cancer, addiction, liver problems, as well as other predicaments. A move of the Dutch government towards the right, in addition to increased international pressure, endanger the current gedoogpolicy, and its future is uncertain. The number of coffee shops (one third of them located in Amsterdam) has decreased by roughly one fifth and is expected to further decrease, as local governments tighten regulations. There is however some hope that the political climate could change, as some countries such as Germany have decriminalized the personal use of soft drugs for recreational and medicinal purposes.

National drug use prevalence in the Netherlands, 1997 and 2001 (weighted percentages) Drug 1997Lifetime 2001Lifetime 1997Last year 2001Last year 1997Last month 2001Last month Tobacco 67.9 66.4 38.1 34.1 34.3 30.2 Alcohol 90.2 91.6 82.5 83.8 73.3 75.1 Hypnotics 17.4 18.5 8.5 9.5 5.5 6.4 Sedatives 19.6 16.3 8.2 7.6 4.9 5.0 Cannabis 15.6 17.0 4.5 5.0 2.5 3.0 Inhalants 0.5 0.8 0.1 0.2 0.0 0.1 Cocaine 2.1 2.9 0.6 0.9 0.2 0.4 Amphetamines 1.9 2.6 0.3 0.5 0.1 0.2 Ecstasy 1.9 2.9 0.7 1.2 0.3 0.5 Hallucinogens 1.8 1.3 0.3 0.1 0.0 0.0 Mushrooms 1.6 2.6 0.6 0.5 0.1 0.1 Opiates all 11.7 8.2 4.2 2.6 1.0 1.0 Codeine 7.3 5.0 2.6 1.9 0.9 0.7 Heroin 0.3 0.4 0.1 0.1 0.0 0.1 Difficult drugs 4.1 4.9 1.2 1.8 0.5 0.8 Other 5.2 5.3 10.6 11.1 17.8 18.2 Total sample 1997 21,959 Total sample 2001 17,655 Difficult drugs are cocaine, amphetamines, ecstasy, hallucinogens, heroin. Source: The Centre for Drug Research, (CEDRO), University of Amsterdam

Illegal drug trade - Indonesia

Indonesia carries a maximum penalty of death for drug dealing, and a maximum of 15 years prison for drug use. In practise, this is rarely carried out against Indonesian citizens, however they have controversially executed many overseas tourists to the country.

In 2004, Australian citizen Schappelle Corby was convicted of smuggling 4.4 kilograms of marijuana in to Bali, a crime that carried a maximum penalty of death. Her trial reached the verdict of guilty with a punishment of 20 years imprisonment. Corby claimed to be an unwitting drug mule.

Australian citizens The Bali Nine were caught smuggling heroin and each face the death penalty.

In August 2005, Australian model Michelle Leslie was arrested with two Ecstasy pills. She pleaded guilty to possession and in November 2005 was sentenced to 3 months imprisonment, which she was deemed to have already served, and was released from prison immediately upon her admission of guilt on the charge of possession.

Adapted from the Wikipedia article "Punishments in various countries", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki