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which states that only a law may designate which acts constitute a crime and what penalties or other detriments to rights or property may be imposed for committing them and proposed to the constitutional court to abolish the regulation in line with the district courts argument the constitutional court abolished the regulation effective from 23 august 2013 noting that the amount larger than small within the meaning of the criminal code may be designated only by the means of an act of parliament and not a governmental regulation moreover the constitutional court further noted that the regulation merely took over already existing judicial practice of interpretation of what constitutes amount larger than small and thus its abolishment will not really change the criminality of drug possession in the country 65 thus the above mentioned amounts from the now not effective regulation remained as the base for consideration of police and prosecutors while courts are not bound by the precise grammage small amounts remained subject to administrative fines on par with a parking violation medical use of cannabis on prescription has been legal and regulated since 1 april 2013 66 67 beginning 2026 cultivation of 3 plants and possession of 100g at home 25g in a public setting of marijuana was legalised cultivation of up to 5 plants and possession of up to 200g at home is treated as civil infraction subject to administrative fine on par with a parking violation while larger amounts remain criminal sale or procurement of marijuana for other person remains criminal notwithstanding the amount weight 68 psilocybin edit beginning 2026 psilocybin was authorized for medical use doctors will be able to prescribe it for treatment of severe depression addiction existential distress in cancer patients or patients with post traumatic stress disorder 69 70 france edit following a contentious debate france opened its first supervised injection centre on 11 october 2016 marisol touraine the minister of health declared that the centre located near the gare du nord in paris was a strong political response for a pragmatic and responsible policy that brings high risk people back towards the health system rather than stigmatizing them 71 germany edit see also drug policy of germany and cannabis in germany in 1994 the federal constitutional court ruled that drug addiction was not a crime nor was the possession of small amounts of drugs for personal use in 2000 germany s narcotic drugs act btmg was changed to allow for supervised drug injection rooms in 2002 a pilot study was started in seven german cities to evaluate the effects of heroin assisted treatment on addicts compared to methadone assisted treatment the positive results of the study led to the inclusion of heroin assisted treatment into the services of the mandatory health insurance in 2009 on 4 may 2016 the cabinet of germany decided to approve the measure for legal cannabis for seriously ill patients who have consulted with a doctor and have no therapeutic alternative german health minister hermann gröhe presented the legal draft on the legalization of medical cannabis to the cabinet which took effect in march 2017 72 73 74 75 76 the cannabis act took effect in 2024 ireland edit on 2 november 2015 aodhán ó ríordáin the minister in charge of the national drugs strategy announced that ireland planned to introduce supervised injection rooms the minister also referenced that possession of controlled substances will be decriminalized although supply and production will remain criminalized 77 on 12 july 2017 the health committee of the irish government rejected a bill that would have legalized medical cannabis 78 netherlands edit see also drug policy of the netherlands the drug policy of the netherlands is based on two principles 1 drug use is a public health issue not a criminal matter and 2 a distinction between hard and soft drugs exists additionally a policy of non enforcement has led to a situation where reliance upon non enforcement has become common because of this the courts have ruled against the government when individual cases were prosecuted cannabis remains a controlled substance in the netherlands and both possession and production for personal use are still misdemeanors punishable by fine cannabis coffee shops are also illegal according to the statutes 79 norway edit on 14 june 2010 the stoltenberg commission recommended implementing heroin assisted treatment and expanding harm reduction measures 80 on 18 june 2010 knut storberget minister of justice and the police announced that the ministry was working on new drug policy involving decriminalization by the portugal model which was to be introduced to parliament before the next general election 81 storberget later changed his statements saying the decriminalization debate is for academics instead calling for coerced treatment 82 in early march 2013 minister of health and care services jonas gahr støre proposed to decriminalize the inhalation of heroin by 2014 as a measure to decrease drug overdoses 83 in 2011 there were 294 fatal overdoses in comparison to only 170 traffic related deaths 83 the country was preparing a massive policy change in terms of how to deal with drug use and drug possession for personal use the reform titled from punishment to help was approved by the norwegian government in 2017 and was in the final phase of approval by the parliament changes were expected to be implemented by early 2021 needs update the new reform policy emphasizes that criminalizing drug use has no significant effect on rates of drug consumption and that drug addiction is better dealt with by health care services hence the slogan from punishment to help instead of fines or prison time a person caught with a drug quantity for personal use will now be met with an independent panel consisting of social and health care workers that will discuss administrative sanctions or addiction treatment methods this will hopefully encourage problematic users to seek help rather than fear of prosecution there is also hope that this will improve the relationship between drug users and law enforcement officers opponents of the reform including the police force and the progress party fear that drug use will increase once a person is no longer at risk of facing criminal charges 84 as of 21 july 2022 drug decriminalisation has not materialised in norway as of this date only those who have substance use disorders may go unpunished if the amount of illegal drugs they have meets the criteria of what is deemed an amount for personal use 85 portugal edit see also drug policy of portugal in 2001 portugal became the first european country to abolish all criminal penalties for personal drug possession under law 30 2000 86 drug users were to be provided with therapy rather than prison sentences research commissioned by the cato institute and led by glenn greenwald found that in the five years after the start of decriminalization illegal drug use by teenagers had declined the rate of hiv infections among drug users had dropped deaths related to heroin and similar drugs had been cut by more than half and the number of people seeking treatment for drug addiction had doubled 87 peter reuter a professor of criminology and public policy at the university of maryland college park suggested that the heroin usage rates and related deaths may have been due to the cyclical nature of drug epidemics in 2009 he stated that decriminalization in portugal has met its central goal drug use did not rise 26 as opposed to neighbouring countries that did not introduce equivalent reforms portugal exhibited a decline in hazardous drug use and had the lowest drug related death rates in europe as of 2022 88 a subsequent reduction in funding lead to an increase in visible drug use in portuguese cities by 2023 89 ukraine edit the use of marijuana in ukraine is not prohibited but the manufacture storage transportation and sale of cannabis and its derivatives are under administrative and criminal liability 90 speaking on the legalization of soft drugs in ukraine has been going on for a long time in june 2016 the parliament received a bill on the legalization of marijuana for medical purposes it dealt with changes to the current act on narcotic drugs psychotropic substances and precursors and was registered number 4533 91 the document must examine the relevant committee and then submit it to the government it was expected that this would happen in the fall of 2016 but the bill was not considered in october 2018 a petition appeared on the website of electronic appeals to the president of ukraine asking for the legalization of marijuana 92 in october 2018 the state service of ukraine on drugs and drug control issued the first license for the import and re export of raw materials and products derived from cannabis the corresponding licenses were obtained by the usa company c21 the company is also in the process of applying for additional licenses including the cultivation of cannabis 93 latin america edit main article latin american drug legalization in the late 2000s and early 2010s advocacy for drug legalization has increased in latin america spearheading the movement uruguayan government announced in 2012 plans to legalize state controlled sales of marijuana in order to fight drug related crimes some countries in this region have already advanced towards depenalization of personal consumption argentina edit in august 2009 the supreme court of argentina declared in a landmark ruling that it was unconstitutional to prosecute citizens for having drugs for their personal use adults should be free to make lifestyle decisions without the intervention of the state 94 the decision affected the second paragraph of article 14 of the country s drug control legislation law number 23 737 that punishes the possession of drugs for personal consumption with prison sentences ranging from one month to two years although education or treatment measures can be substitute penalties the unconstitutionality of the article concerns cases of drug possession for personal consumption that does not affect others 95 96 brazil edit in 2002 and 2006 brazil went through legislative changes resulting in a partial decriminalization of possession for personal use prison sentences no longer applied and were replaced by educational measures and community services 97 however the 2006 law does not provide objective means to distinguish between users or traffickers a disparity exists between the decriminalization of drug use and the increased penalization of selling drugs punishable with a maximum prison sentences of 5 years for the sale of very minor quantities of drugs most of those incarcerated for drug trafficking are offenders caught selling small quantities of drugs among them drug users who sell drugs to finance their drug habits since 2006 there has been a long debate whether the anti drug law goes against the constitution and principle of personal freedom in 2009 98 the supreme federal court re opened to vote if the law is constitutional or if it goes against the constitution specifically against personal freedom of choice since each minister inside the tribunal can take a personal time to evaluate the law the voting can take years in fact the voting was re opened in 2015 3 ministers voted in favor and then the law was again paused by another minister 99 colombia edit guatemalan president otto pérez molina and colombian president juan manuel santos proposed the legalization of drugs in an effort to counter the failure of the war on drugs which was said to have yielded poor results at a huge cost 100 on 25 may 2016 the colombian congress approved the legalization of marijuana for medical usage 101 costa rica edit costa rica has decriminalized drugs for personal consumption manufacturing or selling drugs is still a jailable offense ecuador edit according to the 2008 constitution of ecuador in its article 364 the ecuadorian state does not see drug consumption as a crime but only as a health concern 102 in june 2013 the state drugs regulatory office consep published a table which established maximum quantities carried by persons so as to be considered in legal possession and that person as not a seller of drugs 102 103 104 in november 2023 the consumption table was abolished consequently there is no longer a legal amount for drug possession 105 honduras edit on 22 february 2008 honduras president manuel zelaya called on the united states to legalize drugs in order to prevent the majority of violent murders occurring in honduras honduras is used by cocaine smugglers as a transiting point between colombia and the us honduras with a population of 7 million affected people an average of 8 10 murders a day with an estimated 70 being as a result of this international drug trade according to zelaya the same problem is occurring in guatemala el salvador costa rica and mexico 106 mexico edit in april 2009 the mexican congress approved changes in the general health law that decriminalized the possession of illegal drugs for immediate consumption and personal use allowing a person to possess up to 5 g of marijuana or 500 mg of cocaine the only restriction is that people in possession of drugs should not be within a 300 meter radius of schools police departments or correctional facilities opium heroin lsd and other synthetic drugs were also decriminalized it will not be considered as a crime as long as the dose does not exceed the limit established in the general health law 107 many question this as cocaine is as much synthesised as heroin both are produced as extracts from plants the law establishes very low amount thresholds and strictly defines personal dosage for those arrested with more than the threshold allowed by the law this can result in heavy prison sentences as they will be assumed to be small traffickers even if there are no other indications that the amount was meant for selling 108 uruguay edit see also legality of cannabis in uruguay uruguay is one of few countries that never criminalized the possession of drugs for personal use since 1974 the law establishes no quantity limits leaving it to the judge s discretion to determine whether the intent was personal use once it is determined by the judge that the amount in possession was meant for personal use there are no sanctions 109 in june 2012 the uruguayan government announced plans to legalize state controlled sales of marijuana in order to fight drug related crimes the government also stated that they will ask global leaders to do the same 110 on 31 july 2013 the uruguayan house of representatives approved a bill to legalize the production distribution sale and consumption of marijuana by a vote of 50 to 46 the bill then passed the senate where the left leaning majority coalition the broad front held a comfortable majority the bill was approved by the senate by 16 to 13 on 10 de...
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