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[ cerca in archivio ] ARCHIVIO STORICO RADICALE
Archivio Partito radicale
Sengers Wijnand J. - 1 aprile 1989
3.3 NATIONAL DRUG POLICY - DRUG POLICY OF UNITED NATIONS, THE EUROPEAN COMMUNITY AND EACH AUTONOMOUS STATE IN EUROPA
by Wijnand J.Sengers

(First preliminary English edition - April 1989 - 76 pages - Special number of the EMNDP-Newsletter, ISSN 1011-1336

(This document is subdivided in 10 texts within Agora'. To retreive the texts please digit the key-word "drug policy").

3.3.10 GREECE

I. Main features

10 million inhabitants (1986)

republic

IV. Drug legislation

IV.1 history

IV.2 title and publication

IV.3 punishable offences that do or do not conform with

UN conventions.

IV.3a the judical position toward 'in possession for own use',

the possession for own use is not liable to prosecution, however this is less consistent than in Italy and Spain.

The measure that can be imposed on the user, is a placing in a reformatory.

differentiation between soft and hard drugs?

IV.4 kinds and degrees of punishment

XIV Publications on which the above is based:

J van Atteveld.

3.3.11 H O N G A R Y

I. Main features

11 million inhabitants (1986)

3.3.12 ICELAND

I. Main features

200.000 inhabitants (1986)

3.3.13 I T A L Y

I. Main features

57 million inhabitants (1986)

III. Government bills and recommendations to the government

National League against drugs (LENAD)

Radical Party: hash liberalisation

IV. Drug legislation

IV.1 history

IV.2 name and publication

Act 685 from 1975

IV.3 punishable offences: see IV.4IV.3a penalization of 'possession for own use'

it is not an offence to be in possession of small quantities of hard or soft drugs for one's own use.

IV.4 kinds and degrees of punishment

hard drugs: imprisonment for 4 to 15 years.

soft drugs: imprisonment for 2 to 6 years. In aggravating circumstances where stiffer sentencing is given, the duration of imprisonment may be increased by 50% 66%, to a maximum of 25 years.

in cases of organized crime, where the criminal organistion consists of more than 10 members or it involves the use of firearms, a minimum sentence of 15 en 20 years imprisonment respectively, may be imposed.

a 'small quantity' for one's own use is permitted, however the absence of an exact definition of what is meant by a 'small quantity', results in differences in the administration of justice. It seems that smoking a 'joint' in the company of 3 or 4 others can be heavily punished.

in the maximum sentence the distinction made between soft and hard drugs, is taken into account.

with soft drugs the following are concidered as aggravated circumstances: a/ dealing with juveniles, b/ if a criminal organisation is involved with the dealing, c/ if those involved were armed.

for some years now, there is talk of a new act. Use and possession for one's own use would not be punishable. Cannabis would continue to be an illicit drug.

IV.5 further guidelines

since 1978 guidelines for the prescription of methadon.

V. Criminal investigation

Nuclei Antidroga (narcotics squad) of the Carabinieri

VI. Convictions under the drugs laws

plans for a prison for 12,000 drug addicts.

VII. Economic aspects of the drugs trade

The Sicilian Mafia dominates the trade in heroin

The Napolian Camorra the cocaine trade

The Calabrise 'ndrangheta the cannabis trade

VIII. The provision of care for drug users

often in close cooperation with the judiciary

more than 450 drug advice bureaus (Beratungsstellen) en therapeutic communities (Therapiegemeinschaften), mostly in northern and central Italy; these are directed toward absentism, but since 1975 there are often more reduction programmes being used (methadon, morfine); these mostly christian institutions are run under strict regimes.

X. Scientitific research

Census institute (provides meanly epideminological data)

University of Napels, faculty of sociology, Institute for the study of the Mafia.

XI. Societal debate

there exists thousands of associations involved in the drug problematic; no other country has as many as Italy.

XII. Opposition to the present policy

For some years now, 'Partito Radicale' (Via Torre Argentina 76, 00186 Roma; Tel (06) 6896831) has been the sole crusader in the fight for the legalisation of cannabis and for more flexibility within the present policy. The party became international in 1987. It issues a monthly (which since 1988 has an edition in French : Nouvelles Radicales (editor: Via di Torre Argentina 18, 00186 Rome, tel 6.547775) and set up CO.R.A.

CO.R.A. (Coordinamento Radicale AntiProibizionista), established in december 1987. Adress: see Chap. 7

Partito Radicale and CO.R.A. took the initiative for the foundation of the (international) "League against Prohibition" on April 1, 1989 in Roma. See 2.12 and 7.

XIII. Alarming Facts and Figures

There are 500.000 alcoholics, 20.000 people die each year due to alcohol related illnesses.

In 1984 there were approx. 180,000 to 240,000 individuals addicted to drugs, most of those were between the ages of 2025 years.

There is a definite increase in the number of heroin deaths: 26 in 1975; 252 in 1982 and 613 by the end of October 1988 (Milan = 117; Turin = 53; Padua = 22; Bari = 11; Palermo = 1 thanks to the fact that the Sicilian Mafia sells good quality heroin in fixed quantities).

30% of prisoners are addicts.

Of those who have AIDS (1988 = 2210), 80% are drug addicts.

XIV. References

Sabine Stamer. Zum Beispiel Italien. in: Behr und Juhnke. Drogenpolitik in der Bundesrepublik (1985)

Guido Blumir. Eroina. Milano, 1980.

NRC Handelsblad December 1, 1988.

3.3.14 L U X E M B O U R G

I. Main features

a ducy with 0,4 million inhabitants (1986)

Schengen Agreement

memberstate of de EC

3.3.15 M A L T A

I. Main features

0,3 million inhabitants (1986)

3.3.16 the N E T H E R L A N D S (HOLLAND)

I. Main features

15 million inhabitants (1986)

democratic kingdom

II. a/ political decision making, b/ publication of conventions and law

ad a/ Proposals and amendments of Law have to be approved by parliament. A national advisory council known as the "Raad van State" advises the government on every law proposal and amendment. The formulation of nearly each law is proceded by societal discussion (opinions of advisory boards of the government and opinions of groups defending the interests of the people concerned by the law proposal).

ad b/

Laws: "Staatsblad van het Koninkrijk der Nederlanden"

Royal decisions; ministerial decisions, speeches by ministers, summaries of reports by government's advisory boards, etc.: "Nederlandse Staatscourant" (Dutch Government Gazette for a year now it just called, "Staatscourant")

Multilateral and bilateral conventions: "Tractatenblad van het Koninkrijk der Nederlanden".

III. a/ Goverment drug policy, b/ Government drug policy drafts; recommendations to government

ad a/ The government's policy on drugs starts from the assumption that it is impossible to keep illigal drugs out of the country and every young citizin from using them. Moreover, the policy aims at emphasizing the individual and social risks of the use of alcohol and tabacco. The policy's main goals are:

1. To separate the black market for soft drugs (cannabis products) from the one for hard drugs (mostly heroin and cocaine) so that users of cannabis products have as little a chance as possible to become addicted to hard drugs too. The separation of these two black markets has been made possible by an amendment in the Opium Law. In 1976 the distinction between two kinds of drugs (illicit drugs with unacceptable risk and other illicit drugs) was introduced. Since then the Opium Law operates with two schedules: Schedule I contains the drugs with unacceptable risk, schedule II the other illicit drugs mentioned in the schedules of the Single Convention. In reality schedule II contains only cannabis products, except cannabis oil.

2. 'Harm reduction' for addicts of illegal drugs. For instance by means of often lowthreshold methadone programs. It is said that nearly half the population of drug addicts recieve methadone.

3. An Aids prevention policy is currently higher on the policy agenda of the Ministery of Health than drug policy. Therefor users are provided with sterile injection needles and with information on how to prevent transmission of the virus.4. Compliance with the ratified conventions. Like Belgium, Luxembourg, Ireland and Switserland, The Netherlands has not yet ratified the Convention on Psychotropic Substances (1971).

Government's policy is not yet oriented towards achieving such modifications to the U.N. Conventions that would facilitate a worldwide realisation of the policy aims just mentioned under 1. through 4.

ad b.

Background and the risks of drug use. A report of the Baan working group on drugs ("Werkgroep Baan"). Staatsdrukkerij (Governments publisher in The Hague), 1972.

"Ruimte in het drugbeleid" (= Space in the drug policy). Report from the Hulsman working party. Boom, Meppel, 1971.

A Government note called "Uitgangspunten voor een beleid inzake de hulpverlening aan drugverslaafden" (Startingpoints for a policy for the provision of care to drug addicts) was discussed in parlement (1976)

Report of the Interdepartemental Steering Group on Alcohol and Drugs, 1985

State secretary J.H.van der Reijden plea's for a normalised drug policy. (Ned. Stcrt. 1985, no. 210 page 5 and 21)

Prof. mr. C.F. Rüter. "Drugs en strafwet in Nederland" (Drugs and Criminal Justice in The Netherlands). Stcrt 1986, no 173, page 8 10.

IV. Drugs legislation

IV.1 History

.'Problemising the Use of Drugs in The Netherlands 18501940' (doctoral special paper of Marcel de Kort, whose studie subject is Society History, Fac. of Historical and Artistic Sciences at the Erasmus University in Rotterdam, August 1988. 131 pages).

Drawn in particular to the period 18701920, this historical investigation clearly shows that it was especially the Rational Scientifically orientated Physicians who judged the use of nacotics. Denouncing it as being 'abnormal', these Rationalists took the stance against it's usage. This was closely coherent with the waning influence of early traditional medical science and with the availability of less addictive medicines. The notion of addiction originated from this period in time and was in particular coupled to the recreational use of narotic drugs. In the period between the first international conference on narotics and the Dutch Narcotics (Opium) Law, the use of narcotic drugs was marginalized and criminalized. The new power of technology was exercised by physicians, police and the judiciary together.

It is apparant from this investigation, that the prohibition of the consumption of drugs did not result from objective proof that these substances are harmful to health.

.Law of 4th Oct. 1919: continuing determination of the regulations

aimed at the use of opium and other narcotic substances. (Stb 1919, No. 592) = "Opiumwet" of 4th Oct. 1919

Within the Kingdom in Europe, it is prohibited to prepare, handle, transport, sell, deliver, import or export opium and all it's derivatives, including cocaine. This ban is not applicable to dispensing chemists, physicians, veterinary surgeons and all those who have been given written permission for that purpose etc. Art. 3 specifies those who have bestowd upon them, the responsibility to investigate and to inspect into matters concerning this law (among these are government inspectors of public health). Art. 4 regulates the investigating officer's rights of enter into places where the presence of illicit substances are suspected. Art. 5 specifies the kind and degree of punishment: a max detention of three months or a fine of 1000 guilders. Art. 6: The specified punishable acts are concidered to be criminal offences.

.Opium law of 12th May 1928

Differentiates it's self from the law of 1919 by the inclusion of exact descriptions and the expansion of substances included in the law (also coca leaves and Indian hennep); falsification of prescriptions; the stiffening of sentences (two years) and the seizure of the goods concerned.

. Amendment to the law in 1953: stiffening the max. prison sentence to 4 years.

IV.2 Title of the law and publication date

"Opiumwet" of 23th june, 1976. Staatsblad 424

. the distinction made between drugs representing unacceptable risk and other drugs lead to the introduction of two lists or schedules. List II contains only all cannabis products (except cannabis oil).

. possession of small amounts of marijuana or hash (up to 30 gram) is not a delict anymore, however it is an offence.

. increased severity of sentences for dealing.

Revision of Opium Law (1986). Staatsblad...

. preparation and promotion of dealing are included among the acts liable to persecution.

NB. These acts are always susceptable to two kinds of interpretations; this increases the chance of errors and unhealthy meddlesomeness; professional journals called it ' a monster of the criminal law' and the minister of justice called it a sole unusual event ('een eenmalige exercitie') which may not be viewed as precedent for future changes to the law.

. Any individual outside the country attemptss to import illicit drugs into The Netherlands, prepares or promotes for this purpose, can be prosecuted. The same is true for export from The Netherlands if this is organized from abroad.

IV.3 Basic delicts

The Netherlands is the only country where a legal distinction is made betweeen drugs with unacceptable risk (opiates, cocaine) and other illicit drugs (cannabis products exept the cannabis oil)

IV.4 Kinds and degrees of penalty

IV.5 Guidelines

Guidelines issued by the Prosecution Council concerning acts liable to persecution according to the Opium law. Stcrt. 1980 Nr. 137.

. Advice to Prosecution Council about the revision of the policy guidelines on matters concerning prosecutions, criminal investigations and proceedings with respect to punishable offences in the Opium Law, is given by the working party, 'pilot study on criminal proceedings and sentencing policy with respect to the Opium Law' (the De Beaufort working party), june 1987.

Circular to all Dutch physicians concerning inpatient treatment of addicts of Opium Law drugs ("Staatstoezicht op de volksgezondheid" = State Health Inspectorate, 1981).

V. Criminal Investigation Trials and Convictions

Juristic prudence allows the use of investigation techniques such as undercover operations and controlled delivery of drugs as weapons against drugdelicts (M. van Capelle, see X.). I Sengers do not know whether these techniques are actually applied.

In the autumn of 1987 there were at that point in time, among those detained, 28% who were addicted to heroin, 6,5% addicted to cocaine and 9% addicted to alcohol (>10 units per day).

In The Netherlands 25 convictions under the criminal law per 100,000 of the population (in West Germany is that 100 per 100.000)

Urine tests under those detained for the use of narcotics, cocaine and amphetamines are compulsory since December 1988.

At a meeting in October 1988 Mr.D.Hart (Public Prosecuter in Rotterdam) critizising the proposition "Legalising drugs would reduce crime by 50%" said:

"Abolition of the narcotic law (...) would lead to a reduction of only 5% of those registered as criminals as a direct result of the narcotic law. The other 45% of those convicted are however not drugrelated. It may be true that about 800.000 of the roughly spreaking 1.100.000 registered crimes committed annually are caused through addiction being the motive, but since only about 12% of crimes are solved, we hardly know who the actual kinds of people are who commit crimes.

The number of addicts is large, but falls into insignificance when compared with the total population. Also if we think still further given the fact that about 30% of the registred crimes are absolutely not drugrelated, it seems unacceptable that this relatively small group of addicts and their recievers (helers) are answerable for 50%.

One would argue that, if 10.000 addicts each day buy their doses

and have this on hand, we are talking in terms of 20.000 crimes per day because the dealer is also breaking the law.

Legalising drugs would mean at least a reduction of 7.000.000 not registered crimes annually. (...) It is certainly more realistic to propose that the legalisation of drugs would lead to a reduction of not registered crimes 7 x greater than the number of registered crimes.

VII. Economic aspects of the trade in drugs

Tobacco products account for 2 billion guilders of tax revenues annually.

VIII. Provision of Care to drug users

1987: Nota drang en dwang in de hulpverlening aan verslaafden/ Paper on aid giving discussed in parliament (Tweede Kamer nr.20415)

Wetenschappelijke Raad voor het Regeringsbeleid (WRR) pleads for obligatory withdrawal programs for offenders ("Rapport over rechtshandhaving, June 1988)

Registration: since 1987 everyone who recieves Methadone through a CAD (Help center for drugs and alcohol) or other government funded institutions is registered with the LADIS (Landelijk Alcohol en Drugs Informatie Systeem, p/a NIAD, Utrecht).

Data about the Methadone maintenence program in Heerlen (second drug city in Holland):

(a) To be admitted in the program clients have to be addicted and older than 18 years and may not have any medical contraindication.

Remark by Sengers: till now no one described such a medical contraindication.

(b) Between the intake and admittence into the program there are for thew time being about a four days waiting period

(c) Methadone is given during weekdays (except the weekend) to small groups of maximum 30 individuals within the same time, after which the clients may remain for a two hour 'structuring session'. Since two years a 'take it with you'policy is more often the case.

(d) Urine controls are given only at request of the clients

(e) A large group of individuals enter and leave the program: admittence in a clinic, detention, being clean, recidivism etc).

(f) in September 1988 an everage of 180 clients were in the program.

(g) In 1987 361 intakeconsultations were executed.

(h) In March 1987 commencement of the needle exchange program; by the end of December there were well over 8000 needles sold.

(i) Prostitution

Marjan Fussel, veldwerkster CAD Zuid Limburg: Verslag veldwerk harddruggebruikende straatprostituees (maart 1988). Zeer informatief en beleidsrelevant verslag. Beschrijft de situatie van deze vrouwen (sterk sociaal isolement; grote kans op verkrachtingen en mishandeling; infectiegevaren; onvoldoende medische zorg; groot

gebrek aan opvangruimte).

Rotterdam will give better aid for ethnological minorities, especially young men from Maroc. They will be helped with aidsprevention (July 1989)

IX. User organisations

There are local user organisations "Junkiebonden" in the Netherlands. The largest and oldest (1979) one of these is in Amsterdam (MDHG), smaller ones can be found in Rotterdam, Heerlen, Groningen and other places. All are associated to the FNJB, P.O.Box 362, NL8200 AJ Lelystad, tel 0320047100.

X. Scientific research and analysis; research institutes; important publications

Onderzoekprogramma Drugbeleid Gemeente Amsterdam (=Research Program Drug Policy in Amsterdam; Coordinator: Peter Cohen, Inst. for Social Geography at the University of Amsterdam, Jodenbreestraat 23, 1011 NH Amsterdam, Tel 0205254065. To this date 8 Reports, all of which are in the Dutch language.

SWOAD, since 1987 NIAD (Utrecht).

O. Anjewierden en J.M.A. van Atteveld. "Te weinig aandacht voor het rapport van de werkgroep De Beaufort" (= Very little attention has been paid to the report made by the De Beaufort working group). In a Monthly Journal for Trial and Adjudication the Aftercare Services for exprisoners called "Proces", February 1988 no. 2 page 3344.

Janssen en Swierstra. "Heroinegebruikers in Nederland" (= Heroin Users in The Netherlands). Institute of Criminology, the University of Groningen,1980

SWOAD. Smoking, drinking and the use of cannibis among young people. 1977. In Dutch language.

Centrum voor verslavingsonderzoek/ Center for Addiction research Erasmus university Rotterdam. prof Charles Kaplan. P.O.Box 1738, NL3000 DR Rotterdam, tel 0104087980/4087979.

Nederlands Centrum voor Geestelijke Volksgezondheid (=Dutch Center for Public Mental Health), NcGv, P.O.Box 5103, NL3502 JC Utrecht, tel 030935141.

M.A.A. van Capelle. The main features of Dutch Drug Policy. In: "Algemeen Politieblad van het Koninkrijk der Nederlanden" (= General Police Journal of The Kingdom of the Netherlands). Vol. 137, no. 13, (25 june 1988, 291297). Only in Dutch language!

Europa Instituut and International Course in European Integration (Juridische faculteit University of Amsterdam, postbus 19123, 1000 GC Amsterdam).

UNO bibliotheek, Turfdraagsterpad 1, 1012 XT Amsterdam, tel 0205252633.

Peter Cohen (1988, a sample of 5000 people in Amsterdam):

. Hasjuse: ever used 9,3%, month before 5,5%, highest on 23 years 14,5%

. Cocaine use: 5,6% has ever used it and 0,6% used it the month before the interview.

. Heroin use: 9,9% lifelong prevalence, 0,9% the month before the

interview.

Intraval (Groningue): "Hard drugs en criminaliteit in Rotterdam" (1988)

August de Loor. Info/adviesburo drugs. Till now 10 remarcable reports (only in Dutch language) mainly concerning the situation in Amsterdam.

XI. Maatschappelijke discussies over drugsproblemen en de oplossingen ervan

Vereniging Narcoticavrije Samenleving. Postbus 220. 1430 AE Aalsmeer. O.a. Barbara Eveleens.

Breed Front voor de vernieuwing van het drugbeleid (Rotterdam, 19801988) = Wide Front for the renewal of drug policy. Hans Visser (clergyman), Louk Hulsman (professor on the juridical faculty of the Erasmus university Rotterdam), Wijnand Sengers (till 1987 associate professor on preventive and social psychiatry, Erasmus university) and many other also drug addicts, as Nico Adriaans and Rob Hemelop, whose information was always very actual and useful). See XII.

XII. Opposition against current drug policy

Prof mr Louk Hulsman, Steegoversloot 61, NL 3011 PN Dordrecht. Tel 078131268

Prof mr Frits Rüter. Seminarium voor strafrecht en strafrechtspleging 'Van Hamel', Universiteit van Amsterdam. Kloveniersburgwal 72, Amsterdam (postbox 19090, 1000 GB Amsterdam). Tel 0205253365

Coornhertliga. secr: Simons, Steynlaan 92B, NL4818 EW Breda, tel 076226640

Federatie Nederlandse Junkie Bonden (FNJB), postbox 362, NL8200 AJ Lelystad, tel 0320047100. (a national federation of associations for addicts to illicit drugs)

Breed front voor de vernieuwing van het drugbeleid. Postbox 2967, NL3000 CZ Rotterdam. This 'Broad front for the renewal of drug policy' was founded in 1980. It ceased his activities (open discussions on special themes; a Quarterly 'Kwartaalblad van het breed front voor de vernieuwing van het drugbeleid' ISSN 0196/2860) six years later.

XIII. Most important problems and alarming epidemiological figures

a. Important problems

Maintaining the essence of the national drug policy in a frontier free European Community (at the end of 1992).

Prevention of HIVinfections among intravenous users.

Harmreduction for drug addicts

The pressure put on police and justice dept. as a consequence of the Opium Law.

Prison overcrowding with offenders of the Opium Law and with people sentenced for 'drug related crimes'.

b. Alarming epidemiological facts and figures

Annually 18.000 deaths caused by the smoking of tobacco

10% of the Dutch who drink alcohol consume it excessively: they

assume half of the total production. Among young people is sharply increasing alcohol consumption.

Annually 6000 deaths caused by alcohol, however no more than 100 are caused by illicit drugs.

Annually 1800 suicides; increasingly among rather young people (2030 years).

Annually 430.000 traffic accidents (Stcrt 1989 nr 153 9th August, page 3)

XIV. References

Anjewierden en van Atteveld (see X)

A.van Capelle (see X)

F.C. Rüter

. see III

. Intentional and unintentional effects of Control Policies: the role of Criminal law in Narcotic Control Policies the painful dilemma. Reprinted in Newsletter Nr 3 (April 1988) of the EMNDP.

Policy on drug users (Fact sheet on the Netherlands, No 19E1985; Ministry of Welfare, Health and Cultural Affairs, P.O.Box 5406, NL2280 HK Rijswijk)

J.H. van der Reijden (see III)

G. van de Wijngaart.

. Heroin use in The Netherlands. Amer. J. of Drug and Alcohol Abuse 14 (1988) pp 125136.

. Heroin addiction in the Netherlands. in: A. Carmi and S. Schneider (ed.). Drugs and Alcohol. (Medicolegal Library Vol. 6). Springer Verlag, 1986

3.3.17 N O R W A Y

I. Main features

demoratic kingdom with 4,2 million inhabitants (1986)

The Norwegian section of the EMNDP was founded in October 1988 at the Institute of Criminology and Criminal Law, the University of Oslo (Karl Johansgt. 47, Oslo 1) by prof Nils Christie. The aim of the group (which also includes: John Berg MD and economist and Lill Scherdin criminologist) is to initiate a study on alternative control strategies in the field of drug policy in Norway. The group aims at combining a criminological, economic and social policy approach to the control issue.

3.3.18 P O L A N D

I. Main features

Socialistic republic with 38 million inhabitants (1986)

VIII. Provision of care

INCB 1987. There are estimated to be 30,000 addicted to illicit drugs, 6,000 of those addicted are registered.HVV 27 Feb. 1987, success with the Monar 'withdrawal farms'.

XIV. References

Wouter de Jong en Peter van der Valk. Verslaafd in Polen (Addicts in Polland), "Intermediair", May 1988

Towarzystwo Zapobiegania Narcomanii. Zeszyty Porblemowe Narkomanii. Zestyt 1. Profilaktyka Narkomanii. Materialy Sympozjum 10 12.XII.1984. Pod Redakcja: Tadeusza L. Chrusciela, Brunona Holysta i Julii Tyfczynskiej. Warsaw 1985.

3.3.19 P O R T U G A L

I. Main features

10 million inhabitants (1986)

The Constitution and the characteristic features of Government and the administration of justice.

Portugal is a republic since 1910. On 25th April, 1975 the 'Anjer'revolution resulted in democratization; improved education; large land ownership being transferred to cooperatives and nationalization of largescale industries.

II. a/ political decisionmaking b/ publication of legislation

Dicionário de Legislaçåo e Jurisprodênia; Diário da Republica.

III. Antidrug programme of the government: In 1978 the government set up a 'Gabinete de Planeamento e Coordenaçåo do Combate à Droga (GCCD)'. Addres GCCD: Rua de Alcolena 1, 1400 Lisboa. Tel 615953/55 616281/2.

By degree (No.436/1979), a closer cooperation was established between the GCCD, the Centro de Investigaçåo e Contrôle da Droga and the Centro de Estudos da Profilaxia da Droga (address: Av. do Restelo 36, 1400 Lisboa. Tel 614286/7 615952).

In the degree (Desp. Norm. Nr. 134/83) of 20th May, 1983 "Aprova o Regulamento do Grupo de Planeamento do Gabinete de Planeamento e de Coordinaçåo do Combate à Droga".

The Attorney General at the justice department, Mr Rodrigues, is a member of the Steering group Cocaine and psychoactive drugs of the Europese Commission. See reported information of Marc Morival dd 14th July, 1988.

The 'Projecto Vida' conducts public campaigns by means of distributing brochures, such as no.3 (Nós e a droga juni 1988; 52.000 copies). National coordinator: Dr Pedro Cabrita

IV. Drug Legislation

IV.1

IV.2 a/ title of the bill b/ publication

a/ Decreto Lei de 13 dec 1983. b/ Dicionário de Legislaçåo e Jurisprudência, Nr. 603, Janeiro 1984.

Changes in sentencing are published in the 'Diáro da Republica 1a Série, Nr. 285 de 13 de Decembro de 1984'.

IV.3 Punishable acts whether or not they are in the U.N. Conventions? Yes, the two conform.

IV.3a. In possession for own use is punishable.

IV.3b. Nu distinction between hard and soft drugs.

VI. Punishment

According to my information, the present situation is as follwos:

There is a sharp distinction between the possession for one's own use and the possession for trading purposes, applicable to all illicit drugs.

The magistrate/rechter commissaris is obliged to establish to an inquirery whether trading of a drug was intended, or whether the drug(s) were intended for own use.

There is no distinction between hard and soft drugs.

In possesion for own use is punishelble with a maximum sentence of one year, it is possible to avoid imprissonment by paying a heavy fine ('multa' or 'contravention').

The maximum sentence for trading in drugs is twelph years, recently some trading offences have resulted in a maximum sentence of 20 years imprisonment.

Cultivation of drugs (e.g. growing Cannabis in one's own garden) is considered to be a graver offence than smallscale trading of drugs.

VIII. Provision of care

No substitution therapy. The aim is always abstention. There is only one psychiatrist in Lisbon who has more liberal ideas on the matter. Several institutions of the 'Patriarches' (from France; 3.3.09). The intake capacity of the clinics is small (no more than 20 addicts). T.A. (Toxicomanes Anonymes)

IX. Drug users organisations

I.P.C.D. (Carlos M.G.Gilot, coordinator, Apartado 8077, 1801 Lisboa Codex; tel Lisboa312563).

no junkyunion

X. Scientific research or analysis

Biomedical research, no behavioral research

XI. No societal discussions or debates about drugs problematic.

XII. Opposition to the present policy

I.P.C.D., a society for legalisation of cannabis, see IX.

XIII. Alarming facts and figures

3.3.20 REPUBLIC OF I R E L A N D

I. Main features

3,5 million inhabitants (1986)

memberstate of EC since 1986

3.3.21 R U M A N I A

I. Main features

23 million inhabitants (1986)

3.3.22 S P A I N

I. Main features

39 million inhabitants (1986)

Organisation of the State and characteristics of the Administration of Justice.

After a period of approximately 40 years under dictatorship of general Franco, Spain is since ....a kingdom, with a strong decentralized government (the provincies enjoy great autonomy).

II. Political decisionmaking.

III. Government bills and advice to the government about illicit drugs.

Plan Nacional sobra drogas (24th July 1985)

IV. Drug legislation

IV.1 history

IV.2 title and publication

Codigo Penal Art 344 en 348

IV.3 punishable acts

IV.3a judical attitude toward 'possession for own use':

Preparatory dealings, import and export of hard and soft drugs not intended for trafficking is not punishable.

IV.3b There is no legal distinction between hard and soft drugs.

IV.4 Kinds and degrees of punishment

in the maximum sentence, the difference between hard and soft drugs is taken into account.

Basic offences for hard drugs: prison sentence varying from six months to six years and a fine.

Soft drugs: prison sentence for one to six months. In serious cases from 6 to 12 years. The following are considered serious circumstances: a/ selling to persons under the age of 18 years; b/ trading in schools, prisons and barracks. c/ if the accused is a member of a criminal organisation involved in the trading etc. of drugs; d/in cases where largescale trading is involved.

a prison sentence of 12 to 20 years, when trading results in fatalities.

has the max sentence for drug traffiking recently (mid 1988) been heavily increased?

VIII. Provision of care

Associacio per a la prevencio de l'alcoholisme altres toxicomanies (APAT), Plaza Cataluna 9, 4th floor. 08002 Barcelona. Tf (93)3172691.

Associació d'ajuda i informacio al Toxicomán.

methadon distribution programs are possible.

in 1987 144 heroine deaths in Madrid; there are already 82 in the first half of 1988.

IX. Organisations of drug users

Asociación de Consomidores de Derivados del Canabis (ACDC), Madrid. see NRC 11.V.87

X. Scientific research

Prof. José Luis Diez Ripolles (chair of criminal law, university of Malaga) is preparing a book entitled: Commentaries on the reform of the Spanish criminal code in the field of drugs.

Fondación de ayuda contra la drogadicción (FAD) > Instituto de Documentatión e Informaciön sobre Drogodepencias (INDID).

XII. Opposition to the present policy

NRC 29.9.88: In Madrid Spanish mothers demonstrated against the arrests of the smallscale users instead of the largescale traders.

It was pointed out that addicts should be seen as individuals in need of help and not as criminals.

Manuela CarmenaCastillo. After having worked as barrister for twelve years, she is now magistrate in Malaga. Member of the association "Justice for Democracy" (Jueces para la Democracia, Nunez Morgado no. 4, Madrid)

Alternative Platform on Drugs (Manuela Carmena, Calle Jaemar Nº 6, 28043 Madrid. Tel 2006705)

XIII. Alarming Facts and Figures.

There are at least 4 million alcoholics ; the annual perperson consumption has been estimated at 7 liters. Between 40 and 60% of those committed to psychiatric hospitals suffer from alcoholism.

Half of all AIDS sufferers in Spain are drug addicts.

XIV. References

Josè Luis Dias Ripolles. "La politica sobre drogas en Espana a la luz de las tendencias internationales". Annuario de Derecho penal y Ciencias penales. 1987.

Manuela Carmena Castrillo. Juridical means against prohibition. CO.R.A.(Roma): The Cost of Prohibition on Drugs. pp 107112.

3.3.23 S W E D E N

I. Main features

Kingdom, democracy; 8,4 million inhabitants (1986)

3.3.24 S W I T S E R L A N D

I. Main features 6,4 million inhabitants (1986)

State organisation and characteristics of government and justice system

Since 1948 Switserland is a federal union, which is presently made up of 26 Cantons, each with its own regional government with ministers. The country is multilingual, three languages are spoken (German, French, Italian). The Federal government (Bundesregierung) consists of the Bundesrat headed by the President. The Bundesrat has legislative power and determines the legislation for all the Cantons. The executive power, as far as it concerns the citizens, is assigned to the Cantons. Therefore, there are considerable differences between the Cantons concerning such matters as: investigations, persecution, sentencing requests and sentencing measures.

In the administration of justice the (legaliteitsbeginsel= legislative principle?) applies.

II. Political decisionmaking

Mostly at Canton level, strongly decentralized. At national level only areas as defence (the country does not have an army similar to other countries in Europe), external affairs, the banking system.

Referendums are important (only men may vote).

III. Government's drug policy; draft reports of the government; recommendations to the government

III.a Government's drug policy

III.b Draft reports and recomendations

At national level the "Eidgenössische Betäubungsmittelkommission" (National Advisory Commission on illicit Drugs), an advisory commission consisting of experts. This commission presented its "Methadonbericht" on May 24th, 1984. See IV.5 This report was made by a subcommission under chairmanship of prof dr A. Uchtenhage (Psychiatric clinic, university of Zürich)

IV. Drug legislation

IV.1 history

Switserland did not sign the Single Convention on Narcotic Drugs, nor the Convention on Psychotropic Drugs.

Bundesgesetz vom/Federal law of 3. Oktober 1951 (812.121).

This law began with the priciple that the use of narcotic drugs should not be combated with stiff penal sanctions.

Verordnung vom 4. März 1952 (812.121.1)

Changing of the Opium Law in 1975.

The given descriptions of the dangers of drug use, seem to have been literally taken from the German Opium Laws.

Verordnung des Bundesamtes für Gesundheitswesen vom 8. November 1984 (812.121.2)

IV.2 Title and Publication Date

Bundesgesetz über die Betäubungsmittel (Stand am 1. Oktober 1986) = Federal Law on Narcotics. Abbreviated as BetmG (in West Germany as BtMG) The law was last revised in 1975; sentences for offences were made more severe, not only the length of imprisonment but also the sort of institution concerned (Zuchthaus the heavist, Gefängnis, Haft).

IV.3 Acts liable to persecution

basic offences (as elsewhere in European countries)

aggravating circumstances

IV.3a possesion for own use is also liable to persecution

(vlgs Pierre Joset): Nach Art. 19a Ziff 1 BetmG wird mit Haft oder Busse bestraft, wer unbefugt Betäubungsmittel vorsätzlich konsumiert.

IV.3b No legal distinction made between soft and hard drugs

IV.4 Kinds and degrees of punishment

The basic offences are punished by imprisonment of maximally three years or a fine of 40.000 Swiss Francs. Under aggravating circumstances imprisonment can last from 1 to 20 years. Aggravating circumstances are: a/ if the quality of the drug(s) endangers the health of several people, b/ if the suspect person belongs to a criminal organisation, c/ if the drug crimes are committed on a professional basis involving large quantities of drugs and when considerable profits are made.

IV.5 Guidelines

"Methadonbericht" [Suchtmittelersatz in der Behandlung Heroinabhängiger in der Schweiz. (Beilage zum Bulletin des Bundesamtes für Gesundheitswesen, nr 3, 24. Mai 1984) ]

Methadon treatment is a medical matter, the indication must be made by an experienced physician who is designated to do so by the Ministry of Health. A methadon treatment permit ("Bewilligung") is valid for 6 months, this is prolonged when the diagnosis indicates the necessity to do so:

[Als Voraussetzungen für die Langzeitindikationen sind zu empfehlen] for opium addicts for at least 3 years;

at least 2 previous serious attempts at absention treatments ("Abstinenzbehandlung") in a specialized clinic for several months;

at least 22 years old;

no manifested liver ailments;

finally, the methadon must either be under daily control of the dispensing chemists or be included in the methadon treatment permit ('"Beratungsstelle"). Initial doses max 60 mg, average 30 mg. ("Erhaltungsdosis") max 150 mg.

Each Canton has its own Drug Commission; these commissions issue guidelines, on for instance the administration of methadone ('Methadonbericht').

. Guidelines of the Canton of Zürich (11th March, 1987): The conditions, the purpose and the indication are in conformity with the "Methadonbericht" of 24th May, 1984. The physician requires a permit, this is valid for all patients. He/she must satisfy conditions for it to be issued to him/her (among

other things: that every patient is registered with the Canton Head Physician via a form and that a 6 monthly report is made). Both the form and the report contain a number of personal questions such as: name, birth date, address, previous detoxification treatment, treatment aimed at breaking addiction, previous methadon treatment and if the patient is HIV seropostitive. In the report the questions included are those concerning the dosages of methadon; the patient's present occupational circumstances; the physical and mental health states of the patient; the urine controls (number and results) and whether or not the supply be terminated. The patient too must satisfy a number of conditions: he/she must attend weekly one hour councilling sessions; the patient's urine must be controlled for subsequent use of illicit drugs and all further use of illicit substances by the patient is prohibited.

VI. Trials:

the kind of drug involved is taken into account

see also IV.3 en IV.4

VIII. Provision of Care

Since 1972 and until 1987, the ideological dominant model was the drug free therapeutic community ("stationäre Therapie/residential therapy"), however the situation substantially changed because of the high percentages of HIV infections under the junkies or "Fixers" (in 1988 in Zürich 90% were infected). The institutions are mostly subsidized private foundations, such as the Carl Köchlin Stiftung (Basel). 'Clinical' admission is possible for 1¼ to 2 years about 10% of those admitted reach the stated goal.

Since about 1980 there are communitybased institutions providing care ("ambulante Beratungsstellen", one in every Canton, mostly located in its capital) which are in most cases abstentionoriented.

In Zürich there is extensive ground work. Sterile needles are now distributed in most care service centers.

There is little cooperation between the various institutions providing care services.

Methadone programs have recently become possible in almost all Cantons. However in communitybased centers only about 5% of the clients are given methadon. Approval by the Canton Inspectorate has always to be asked and granted. The clients are thus registered.

Facilities such as a cantine or a place to eat are very rarely provided.

As late as 1986 in the Canton Zürich proceedings were being brought against physicians who provided sterile needles; the Drug Squad

("Drogendezenat") have now (1988) ended this state of affairs.

In the city of Zürich there are now (1988) 'walkin' day care centres ("Anlaufstellen mit 'Tagesstrukturen'").

Because of the failure to find a suitable building, due to local residents continually objecting to such plans, a converted bus with toilet and cooking facilities has been utilized. The treatment is directed at abstention of use ("abstinenzgericht"); however sterile

needles and condoms are available.

A miserable situation is since two years the Platzspitz (Zürich, near the central station), where volunteers are helping hundreds of addicts. Dr André Seidenberg (member of the ZippAids team).

Peter Grob founded 1989 "ZippAids" (Züricher Interventionspilotenprojekt gegen Aids).

Since 1987 a meeting place for addicts called, "Fixerstube" (Fixerräume), has been provided in Bern, it is run by a contact society called, "Verein Contact".

The city of Biel (Bienne), which belongs to the Canton Bern, has always shown flexibility by the facilities it provides. The city was quick to have a residence for the homeless ("Obdachlosenheim"), the first ground workers in Switserland and independent youth centres.

IX. There are no user organisations, however since 1986, "Association pour l'aide aux toxicomanes et la défense de leur droits", persues remarkable objectives such as giving information to physicians, promoting methadone programs, improving contacts between addicts and welfare institutions, flexibilization of the law, a more humane sentence measuring policy, correct implementation of the law, ending the widespread stigmatization towards addicts and the recognition of a distinction between smallscale and largescale dealing. Address: Rue du Midi 33, CH 2504 Bienne; tel 032424451).

X. Scientific research and analysis

Prof dr A. Uchtenhagen, sociaalpsychiater, Psychiatrische Universitätsklinik Zürich

Prof dr Dieter Ladewig (Toxicomanieabteilung der Psychiatrische Universitätsklinik Basel.

XI. Societal Debate

Perspektiven einer neuen Drogenpolitik. Revisionsentwurf der Arbeitsgruppe "Revision des Betäubungsmittelgestez des Vereins Schweizerischer Drogenfachleute. Herbst 1986.

Die Revision des Betäubungsmittelgesetz; ein konkreter Vorschlag. Verein Schweizerischer Drogenfachleute. Herbst 1986.

Arbeitsgruppe Drogencharta. Entstanden 1987. Sekretariat c/o Pro Juventute. Postfach, 8022 Zürich.

Ziele:

Die Charta soll eine Grundsatzerklärung für alle sein, die sich vom Thema 'Drogen' angesprochen fühlen

Sie kann die Position der Unterzeichner sichtbar machen

Sie soll Gespräche über die Drogensituation und die Drogenpolitik auslösen und ermöglichen.

XII. Opposition to the present policy

Verein Schweizerischer Drogenfachleute (VSD). Address: see Chap 7.

In Dec. 1987 the Swiss section of the EMNDP was set up. Address: Mr.jur. Marco Ronzani, Bräsering 158, CH 4057 Basel.

Association pour l'aide des toxicomanes et la défence de leur droits (Address: Rue du Midi 33, CH2504 Bienne; tel 032424451),

On 28th September, 1988 the Assembly ("Regierungsrat") of the Canton

of Bern sent a letter to the Government ("Bundesregierung") urgently requesting more flexibility in the opium law. Behind the recommendation and playing a major role in it's initiation was the result of a survey held under the citizens of the Canton of Bern. The majority of citizens questioned in the survey were in favour of the relaxation of penalties toward drug users.

The 7 page letter states that the objectives placed in the 1975 law were not reached: drug use and the number of drug users has increased and there is more "Desozialisierung und Verelendung". The use of narcotic drugs cannot be effectively be reduced through rigorous penalties. Moreover the present situation makes the urgently requested cooperation between police, the judiciary and the providers of care impossible. It is most urgent that impunity for the use of narcotic drugs be introduced and with the same, the already punishable acts of in possesion and the purchasing for one's own use. The letter points to the proposal of Joset and Albrecht (Verein Schweizerischer Drogenfachleute, 1986)

3.3.25 U N I T E D K I N G D O M

(one pound = 373 grammes; one ounce = 31g; one dram 3,8 g; one grain = 65 mg; one scruple = 20 grains)

I. Main features

56 million inhabitants (1986)

The constitution and the characteristic features of government and the judicial system

II. Political decisionmaking and publications of conventions and laws.

III. Government drug policy and statements concerning drugs policy:

III.a Current national drug policy

1/ Current executive policy is based on the Misuse of Drugs Act (1971). The government ministry responsible for drug policy is the Home Office. The Secretary of State for the Home Office is the politically most central fiqure for all national aspects concerning "controlled drugs" and the "framework of controls for preventing drug misuse" (see: IV.2, Lydiate).

Before any recommendation is made by the Secretary of State to Her Majesty in Council to make an Order under the Misuse of Drugs Act 1971 amending the list controlled drugs, the Secretary of State must lay a draft of the Order before Parliament which must be approved by each House.

A draft of such an Order can not be laid before Parliament except after consultation with or on the recommendation of the Advisory Council on the Misuse of Drugs (Lydiate, page 132)

2/ The Advisory Council has three main functions:(a) To keep under review the situation in the U.K.

(b) To give to anyone or more of the Ministers , where either the Council consider it expedient to do so or they are consulted by the Minister or Ministers in question, advice on measures (whether or not involving alteration of the law) which in the opinion of the Council ought to be taken for preventing the misuse of drugs or dealing with social problems connected with their misuse and in particular on measures which in the opinion of the Council ought to be taken.

(c) To consider any matter relating to drug dependence or the misuse of drugs.

(Quoted from P.W.H.Lydiate, p. 131; see XIV)

III.b

Home Office (responsible for administrating the Law of 1920) with a drugs branch (1934); annual statistics which show the numbers of registered addicts and those who perscribe substitution substances (i.e. G.P.'s, clinic, prison medical officer)

Ministerial Group (1984)

Her Majesty's Government. Reports to the United Nations on the Working of the International Treaties on Narcotic Drugs in the United Kingdom of Great Britain and Northern Ireland. These statements have been published annually since 19**.

III.b Government bills and recommendations to the government:

Tackling Drug Misuse (Home Office, 1985/86)

. improvement treatment and rehabilitation

. Central Funding Initiative (CFI)

Advisory Council on the Misuse of Drugs (ACMD) see III.a

. report Treatment and Rehabilitation (HMSO, 1982)

. report Prevention (HMSO, 1984)

. report AIDS and Drug Misuse, part I (HMSO, 1988)

Drug Abuse Council

General Medical Council

Social Services Committee

III.c Recomendations to the government:

Rolleston Committee (final report in 1926)

Brain Committee (report 1961)

Brain II Committee (report 1965)

IV. Drug legislation

IV.1 history

1908 The Poisons and Pharmacy Act restricted the sale of opium to persons known by the pharmacist. There have been numerous statutes since then (Lydiate, see XIV)

1920/1951/1967: Dangerous Drug Act

IV.2 title and publication.

Misuse of Drugs Act, 1971 (brought fully into force in July 1973 by S.I. 1973 No. 795)

Main provisions: (I) all the substances and products listed in Schedule 2 shall be "controlled drugs". (II)

Framework of controls for preventing drug misuse (a offences involving the misuse of drugs; b restrictions and controls imposed on those necessarily involved with controlled drugs; c the Advisory Council on the Misuse of Drugs

Controlled Drugs Penalties Act, 1985

IV.3 punishable acts: see IV.4

IV.4 Kinds and degrees of punishment

the maximum sentence depends on the kind of drug involved, a minimum senstence not statutory.

the basic delicts are punished according to a grouping of illicit drugs in classes A u/i C:

Adrugs (incl. opiates). possession: max. 7 years imprisonment and/or fine; trading: a lifelong prison sentence and/or fine;

Bdrugs (cannabis and codeine).possession: max. 5 years imprisonment and/or fine; trading: max. 14 years prison sentence and/or fine;

Cdrugs (methaqualon, amphetaminelike compounds).possession: max. 2 years imprisonment and/or fine; trading:max. 5 years prison sentence and/or fine;

IV.5 Further Guidelines

Notification of and Supply to Addicts

Misuse of Drugs Regulations 1973 (S.I. 1973, No. 797)

V. Criminal investigation

Every police officer has the power to 'stop and search' a suspected person ('on reasonable grounds') for the possession of drugs. Of the 22650 arrests in London (in a period of 4 weeks in 1968), it was found that only 30 were in possession of drugs. In 1973 only 5% of those arrested in Leicester and Rutland were in possession of illicit drugs.

VI. Convictions

in 1977 drugs offences accounted for 2% of the total number of convictions.

1978: of the 13394 convictions due to drug offences, 11389 involved cannabis and 483 involved heroine. Diconal however 491 (in 1973: 196) (source: Home Office Statistical Bulletin).

VIII. Provision of care

substitution treatment has long been a possibility; heroin and cocaine may not be perscribed; general practitioners who have a licence from the Home Office may perscribed subsitution substances; each case must be registered at the Drug Branch of the Home Office.

the clinicsystem (the provision of heroine) which began in 1967/68 ended in 1980.

outpatient clinics and inpatient drug wards

of all substitution substances perscribed in 1980, 49% were through GP's, 36% through the clinics and 15% through the prison medical officers. in 1978 about 65% of the addictpatients in London received injectable drugs.

IX. Organisations of drug users.

Merseyside

X. Scientific research or analysis: important publications and research institutions:

Institute for the Study of Drug Dependence (ISDD, 14 Hatton Place, Hatton Garden, London EC1N 8ND, tel 014301991). This institution has developde the world's best thesaurus: ISDDThesaurus; keywords relating to the nonmedical use of drugs and drug dependence (First Edition 1985; £ 50,)

Society for the Study of Addiction

The LCC (see XII) commisioned two investigations. The first (1982) looked into the hasch use amongst it's own members. The second (june 1984) looked at hash use amongst the visitors to the Stonehenge and the Glastonbury festival. These are the only two investigations into the use of hash, that have been performed in the United Kingdom.

Geoffrey Pearson, Mark Gilman Sherley McIver. Young People and Heroin; An examination of heroin use in the North of England. Health Educational Council (New Oxford Street, London W1). Gower Publishing Company Limited (Croft Road, Aldershot, Hants GU11 3HR, England). 1987. ISBN 0 566 05388 8. 65 pages.

XI. Societal debate

Standing Conference on Drug Abuse (1985)

XII. Opposition to the current policy

Legalize Cannabis Campaign (LCC), formed in 1980, an organisation that is against criminalisation of cannabis. It commisioned two investigations, which investigated the use of cannabis (see X).

British Section of the EMNDP (Coordinator: Russell Newcombe, Dept. of Social Work Studies, University of Liverpool, Liverpool L69 3BX, England).

The British section will be striving to develop a drug policy based on rational arguments and empirical evidence, and has one fundamental objective:

"To advocate reform of the Misuse of Drugs Act (1971), prioritizing two particular reforms:

(1) Making the possession of drugs a noncriminal offence

(2) Regaining control of the drugs market from criminal organisations, and regulating the supply of drugs".

UK Drug Policy Foundation (Gill Martin, 41 Valey Road, Welvon Garden City, Hertfordshire AL8 7DM, U.K.)

British authers:

. Spear, B. (1988) Drug policy: time for a change. Mersey Drugs Journal, 2 (3), 1214.

. Stevenson, R. (1988). Legalisation: an economist's view. Mersey Drugs Journal, 2 (3), 1011.

. Newcombe, R. Parry, A. (1988). The Mersey Model of harmreduction. (AISA Prevention Unit, Liverpool). Department of Health (1988). AIDS and drug misuse: Report by the Advisory Council on the Misuse of Drugs. (London,: HMSO)

XIII. Most important problems and critical facts and figures

(a) Most important problems:

The British goverment spends over 411 million pounds per year for the combating drug misuse, this is compared to 6 million pounds to combat both alcohol and tobacco abuse;

Many women are addicted to tranquilizers;

In the last few years more and more children have acquired the glue sniffing habit or have taken to inhalating or swollowing deoderant spray or lighter gases.

(b) Critical facts and figures:

It is estimated that 100.000 people die prematurly each year through smoking and 6500 as a result of alcohol abuse. the estimate number of deaths through drug misuse in 1987: 235.

XIV. References:

Nicholas Dorn Nigel South (ed.) A Land Fit for Heroin? Drug Policies, Prevention and Practice. MacMillan Education, 1987. 187 pp.

Arnold Trebach. The Heroin Solution (Yale University Press, 1982. 331 pp.); of which chapter 5 (The Rolleston Era in Britain) and 7 (Doubt and Incertainty: Britain Today).

Virginia Berridge Griffith Edwards. Opium and the People. Yale University Press, 1987. 348 pp.

Tim Malyon. Love Seeds and Cash Crobs. in: Anthony Henman er.a. Big Deal; The politics of the illicit drugs business. Pluto Press, London and Sidney, 1985. ISBN 0 7453 0008 1.

Mersey Drugs Journal

P.W.H. Lydiate. The Law relating to the Misuse of Drugs. London, Butterworths, 1977. 152 pages. ISBN 0 406 27802 4.

Geoffrey Pearson, Mark Gilman and Shirley McIver. Young People and Heroin; An examination of heroin use in the North of Englaand. A Report of the Health Education Council 1987. Gower Publishing Company

3.3.26 U . S . S . R.

(Union of Socialistic Sovjet Republics)

I. Main features

II. (a) Political decisionmaking; (b) publication of conventions and laws:

(a) The Soviet Senate

III.

Narcotic Commission of the Ministry of Public Health.

IV. Drug legislation and other guidelines:

there is no distinction made between soft and hard drugs

decrees from 1967 (compulsary hospitalisation), 1972 (compulsary

hospitalisation in special clinics), 1974 (severer measures and punishment for drug use and drugrelated crimes)

in Moscow it is compulsory for every drug addict to register his/herself.

VIII. Provision of care to drug addicts:

in 1983: possibilities for compulsory hospitalisation and resocialisation; all those known by the police or clinic to be addicted are registered;

there are 46000 registered drugs addicts (INCB, 1987)

XIV. References

Don Rosenbaum. Druggebruik in de Sovjetunie (Drug use in the Soviet Union). Internationale Spectator, april 1983.

Report 1987 INCB

3.3.27 Y U G O S L A V I A

I. Charateristic features of the state and its population, its and government and the juridical system

a. The Socialist Federal Republic of Yugoslavia (with 22 million people) is a federation of six republics with a common Constitution: Slovenia, Kroatia, BosniaHerzegowina, Servia, Macedonia and Montenegro. The general language is the Serbokroatian.

VIII. Provisions for healthcare

Servia

In Belgrado exists a special clinic for drugaddicts; methadone is part of the treatment. Because of severe police repression Belgrado knows many drugproblems.

Slovenia

dr Vesna Novak (Psihiatricna Bolnisnica Vojnik) gave methadon as part of her treatment; her Psychiatric Society ordered that it should be stopped.

XII. Opposition to current national policy

Slovenia

Since december 1988: Antiprohibitionisticna Zveva Slovenije AZS or AUS (Tyrseva 23, 62000 Maribor; tel 062212.004). De groep sloot zich aan bij het congres van the Radical Party and is now a National section of the EMNDP. The two leaders are now: Slavc GORJUP, economist (Podrgajsova 6, 62000 Maribor) and Irena HRAST, psychologist (Jancerjeva 10a, 62000 Maribor; tel 062512.701)

3.4 DRUGS POLICY OF LOCAL AUTHORITIES

The Council of European Municipalities and Regions (secr. drs. J.H.H.Mans; secretariat: Kapoenstraat 30, NL6211 KW Maastricht; tel 043250245) held its first international congress on 'Local Authorities and Drugpolicy', in October 1985.

The papers included descriptions of the situation in Aken, Berlijn, Bristol, Glasgow, Lausanne, PontaultCombault, Rome, Rotterdam, Turijn, Utrecht and Wolverhampton. In his innovating opening speech at the conference, the Dutch (second) Minister of Health staatssecretaris voor volksgezondheid J.H.van der Reijden, spoke of the necessity for the normalising of drug policy (Nederlandse Staatscourant 29 oktober 1985).

A year later when drugs policy appeared on the agenda of the general session of the European Parliament, the terminology "normalising drugs policy" inspired me to the name "European Movement for the Normalization of Drug Policy" (E.M.N.D.P.).

No conference report appeared. There are no plans to date for a second conference.

 
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