ABSTRACT: The reasons for the introduction of the Radical draft bill on drugs to the lower Chamber: an answer to the "disastrous" government draft bill.

(Notizie Radicali n. 271 of 10 December 1988)

The introduction of a Radical draft bill on "drugs" is the answer, also from a legislative point of view, to the disastrous government draft bill, which could criminalize millions of consumers, addicted or non-addicted, laying down the legal premises for the extension of the criminal area of illegality.

In these years, we had never ventured upon draft bills, because we thought it difficult to concretely apply an antiprohibitionist strategy in just one country. In 1979, some of us, together with some Socialists, had elaborated a proposal aimed at a "controlled distribution to drug addicts of the substances they are addicted to", and then, during this legislature, we had concentrated on the draft bill to legalize cannabis, believing the issue to be fully mature in the public opinion. Now we have embarked upon the important initiative of also suggesting legal norms to establish an antiprohibitionist system for all the different "drugs", or, to be more precise, those drugs which, owing to their psychoactive action, can be called "psychoactive substances".

The proposal, called "Norms to crush the organization of the market and the regulation of psychoactive substances", concentrates purposely on the commercial aspect, isolating, from a conceptual point of view, such matter from the one concerning the treatment for drug addicts, and the problems relative to the social-sanitary structures. In other words, what we meant to do was to make a clear theoretical distinction, separating the penal aspect from the sanitary and administrative aspect. To the jumble of "edicts" with which the Moralist State (which judges on "lawfulness" and "unlawfulness") blends into the Therapist State (telling people how to treat drug addicts) and into the Police State (which maintains public order by arresting the persons who use these substances), we oppose norms that try to be enunciative while at the same time being potentially effective, especially as regards the criminal organizations that thrive on the drug traffic.

The proposal is based on the following criteria:

1. Among the psychoactive substances, in addition to opium derivatives, coca leaf derivatives, amphetamines, pain-killers, alcohol (beverages containing over 20· of alcohol) and tobacco are included;

2. Heroin and cocaine are included in the official Pharmacopoeia, and subjected to a monopoly regime similar to that applied to cigarettes;

3. All substances are taxed, with a progressive tax according to the risks involved in their use; for example, a dose of heroin will cost ten times more than a dose of liquor, and a dose of cocaine twenty times more; "grass" will be considered and handled like tobacco. This dissuasive criterion is supported by an important international opinion in favour of legalization;

4. The distribution of all the psychoactive substances (except alcohol, tobacco and marijuana) will be made only in pharmacies upon presentation of a medical prescription, and subjected to a series of cautions to prevent any misuse;

5. Those who wish to will have the possibility of seeing a physician to ask for the prescription of a psychoactive substance sold in pharmacies, and the physician must inform the person of the effects of the substance and of the consequent risks (the so-called "informed consent"). The drug addict who wishes to can request a ration card from the sanitary authorities, enabling him to have access to the substance for a period of ninety days. The card may be renewed.

6. The whole of the production and the traffic which are excluded from the above listed legal channels is severely punished;

7. A series of norms concern information, advertisement prohibition and negative publicity, and are aimed at preventing, dissuading and informing about the risks involved in the use of all psychoactive substances;

This proposal represents a major step toward the concrete indication of an antiprohibitionist strategy capable of truly

crushing the "empire of evil" of drugs combined with crime. Along with this proposal we shall also present an additional draft bill, specifically addressed to drug addicts and to the relevant sanitary and social problems.