Decriminalization of the illicit possession of small quantities of drugs and the sustainable reduction of drug consumption
ENRecently, a growing number of states have decriminalized the illicit possession of small quantities of drugs for non-distribution purposes. Discussions are taking place on this matter in various countries. Arguments for and against the decriminalization of such acts are relevant now and are likely to be relevant in the future. A clear understanding and evaluation of these arguments is critical for national parliaments to make reasonable and sustainable decisions in line with the represented values. In victimology, the use of drugs is referred to as one of the types of “crimes without victims” where an immediate victim of the crime is absent, and the society is the main victim of the crime. Victimless crimes, such as drug use or driving while under the influence of alcohol, are under debate in various countries. The criminalization, prevention and control of such acts depend on the maturity of society and politicians, the prevailing criminological approaches, the perception of the damage and risks, the existing relationship between the individual and society and the prioritization of freedom, health, responsibility and security. There are many arguments for and against the criminalization of such acts, and unequivocal decisions are hardly possible in the social sphere. “The statements by member states at the UN General Assembly Special Session (UNGASS) on the world drug problem in 2016 show that countries are significantly divided on a number of topics central to drug policy reform” (Csete and Wolfe 2017). Approaches in individual EU member states are so different that a common EU drug policy is hardly possible (Blickman 2014). Despite the abundance of research and scientific publications supporting the need to decriminalize the illicit possession of small quantities of drugs for non-distribution purposes, modern drug policy is primarily based on the prohibition of such substances in most states (Kammersgaard 2019).Many states have decriminalized the illicit possession of small quantities of drugs for nondistribution purposes. However, some states are introducing stricter liability for such acts. For example, the Danish Parliament adopted a zero-tolerance policy in 2004 and reintroduced penalization of the possession of illicit drugs for personal use after 35 years of depenalization (Houborg et al. 2020). Liability for possession of small amounts of narcotic or psychotropic substances for personal use has been tightened in Lithuania since 2017. Until 2017, double regulation existed in Lithuania, where liability for the possession of small amounts of narcotic or psychotropic substances for personal use was proscribed both in the code of administrative offenses and the criminal code. From 2017, with the entry into force of the new Code of Administrative Offenses, administrative liability for the possession of small quantities of narcotic drugs or psychotropic substances for personal use was abolished. Thus, offenses that could formerly be qualified as violations of the administrative law acquired the status of only criminal offenses from 2017. The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) publishes reports by the Member States on the existing legal regulation on drugs. According to EMCDDA data of June 16, 2022, the possession of a small amount of illicit narcotic substances for personal use was criminalized in 18 (67 %) European Union countries: Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Lithuania, Luxembourg, the Netherlands, Poland, Romania, Slovakia and Sweden. Some of these countries had exceptions in the criminal prosecution, depending on the type and quantity of the drug or characteristics of the person.Possession of a small amount of illicit narcotic substances for personal use was not criminalized in 9 (33 %) European Union countries: Croatia, Czechia, Estonia, Italy, Latvia, Malta, Portugal, Slovenia and Spain (EMCDDA 2022). Possession of narcotic or psychotropic substances is a criminal offense in the Republic of Lithuania (in June 2022) and has always been qualified as a criminal offense during the years of independence (from 1990). The illicit possession of small quantities of drugs or psychotropic substances for non-distribution purposes is criminalized in Article 259 (2) of the Criminal Code of the Republic of Lithuania and may be punished by community service, a restriction of liberty order, a fine, or arrest (no custodial sentences). In 2020, the governing parties of the newly elected Parliament of the Republic of Lithuania took the initiative to decriminalize the illicit possession of small quantities of drugs or psychotropic substances for non-distribution purposes, with a view to transpose liability for such acts to the Code of Administrative Offenses. Lithuania had numerous discussions, parliamentary deliberations and public campaigns on the decriminalization of such acts. One of the main arguments for decriminalization, heard frequently in the media and in the explanatory note to the draft decriminalization law, was that the refusal to apply criminal liability for the possession of small quantities of drugs or psychotropic substances for non-distribution purposes will prevent people from experiencing custodial sentences and other risks associated with limitation of their liberty (The Seimas of the Republic of Lithuania 2021a). However, imprisonment for such criminal offenses is not provided for and cannot be applied in Lithuania. [Extract, p. 293-294]
