The Legal Concept to Control Drug: Decriminalization & Harm Reduction

Abstract

      Drug has been long used in medical treatment in the long history of human society and simultaneously has been financially exploited from drug addicted users and brings about criminal commission in several dimensions. The United Nations, then, seted up the policy of “zero-tolerance approach” in the Single Convention on Narcotic Drugs of 1961, Amended in 1972 ( called as Convention of 1961), the Convention on Psychotropic Substances, 1971 ( called as Convention of 1971)1 and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 ( called as Convention of 1988) and imposed its Nations’ members to completely root out the drugs and torment of the durg users.

          Those Conventions demand all parties to impose criminal penalty severely for a long time, but law enforcement has not been absolutely successful under the concept of zero-tolerance approach. In constrast, the drug absuses seem to be more seriously problematic. Many European countries turn back from such approach to “Decriminalization and Harm reduction approach.” For instance, Portugal government has officially declared to decriminalize all kinds of drugs in different ways, and motivate drug users to get medical treatment voluntarily under the program of Harm reduction process, without criminal sanction but subject to the administrative practice.  The latter policy seems successful based on the HIV infection of the drug users are critically decreased, while the countries declaring the war against drug, for example, Mexico, during 2006 – 2010, cause the death and casualties over 30,000. Thailand has accepted the former approach in the past and attempted to adopt “Compulsory Rehabilitation Treatment Process” but no signs of success. The author suggests the the latter approach under the concept of decriminalization of some drugs and voluntary harm reduction approach might be more successfully useful. All details will be delineated as followings.