Drug Possession Laws Around the World: Do Any Work?

The maximum penalty for drug possession in NSW is two years imprisonment and/or a $2,200 fine. A conviction will also go on your criminal record, unless you can convince the Magistrate to give you a second chance by awarding you what is known as a non conviction order.

Most other states in Australia have similar penalties; but how do we compare with other countries? And more importantly, do any of the approaches work?

UK Study

A 2013-2014 study undertaken by the UK government found no link between being “tough on drugs” and successfully preventing drug offences.

The study looked at the differing approaches to policing drugs in eleven countries:

Canada, the Czech Republic, Denmark, Japan, New Zealand, Portugal, South Korea, Sweden, Switzerland, the United States of America and Uruguay.

This mix of countries covered both some of the most liberal and some of the strictest nations when it comes to drugs.

So how do other countries deal with drug possession?

Portugal

Portugal has decriminalised drug possession. This does not mean it is legal – but there are no criminal penalties attached to possessing a small amount of drugs; which has been assessed at the amount of drugs that a regular user consumes in 10 days.

Instead, the Portuguese focus on rehabilitation. The “Commissions for Drug Addiction Dissuasion” may not have the most attractive name for a drug treatment program, but it is an alternative that is available to habitual drug users. Instead of facing the criminal courts, people who are found with a small amount of drugs are referred to the Commission and given counselling and treatment.

US

The penalties for drug possession in the US differ between the states, but the possession of drugs considered illegal in Australia is also generally against the law in the US.

The two notable exceptions are the states of Colorado and Washington, where cannabis is regulated and legal.

The Netherlands

The Netherlands has reversed its previous decision to legalise cannabis – and possession of the drug is now technically illegal. However, the use of ‘soft’ drugs like cannabis is tolerated and users are unlikely to face criminal charges.

The nation’s enforcement and prosecution guidelines advise against charging people for the possession of less than five grams of cannabis, the rationale being that allowing a small amount of ‘soft drugs’ will make it less likely that people will use more dangerous drugs, such as heroin, methamphetamines and cocaine.

Japan

Japan has some of the strictest drug laws in the world. Even possessing small amounts of cannabis could mean up to five years in prison. Those who do end up in prison can expect to be put to work without pay for up to nine hours a day.

It also has one of the lowest rates of drug use in the developed world, and even foreigners are not immune from the long arm of Japanese law.

Back in the 1980s, Beatles singer Paul McCartney got caught with 219 grams of cannabis and spent ten days in a prison. He was eventually released without charge and deported to England.

Despite more liberal attitudes towards drugs prevailing in many countries, no changes to the strict laws in Japan are contemplated.

Findings

Each of the countries that were looked at views illicit drugs as undesirable, but there are widely differing strategies in place to try and curb drug use.

So which approach works best?

According to the UK study, there was no discernible link between the “zero tolerance” approach of countries like Japan and drug usage rates.

Away from Asia, Sweden has one of the strictest approaches to drug use in Europe; but the study found that the level of drug use in that country is not markedly different from levels in other European countries.

The study suggested that cultural factors, including the stigma attached to drug use, has more to do with drug usage rates than the existence or nature of criminal sanctions.

Equally, the study found no visible link between decriminalising drugs and the rate of drug use.

Supporting its conclusion that penalties do not affect drug usage is the fact that both Portugal and the Czech Republic have decriminalised possession of small amounts of drugs, but while Portugal maintains relatively low levels of drug use, the Czech Republic has one of the highest levels in Europe.

The study, like many before it, suggests that imposing harsh penalties does not lead to a reduction in drug usage. This lends support to the argument that the best way to reduce drug use in society is to focus on education, prevention and diversion, rather than simply punishing people. It also supports the proposition that the “war on drugs” is a waste of money, and that decriminalisation may be the way to go.