User:Ergseal

The use of narcotics has always been a staple of society. Narcotics use ranges between college kids smoking marijuana to addicts smoking crack. In the United States narcotics has a negative connotation both politically and socially, resulting in illegality. However, in many parts of Europe, the use of narcotics is not considered taboo, and is quite common for both medicinal and recreational use. The laws in such countries reflect their cultural stance taken towards narcotics use. The public opinion of drug use and respective laws can often serve to define cultures. While I believe that Europe has the right model, the U.S. and Europe are almost diametrically opposed in their respective stances towards drug use and, provide a perfect basis for comparison.

European Drug Policy

According to Lorenz Böllinger, "The development of drug policy in Western Europe is very diverse so far. While the theoretical extremes of total prohibition on one side and uninhibited legalization on the other do not exist there is indeed a wide spectrum of practical emphasis leaning to either pole. But due to the European unification process there is going to be increasing pressure to homogenize the drug control system (along with many others). All visible drug control systems practice formal criminalization in dealing with illicit drugs. At the same time they employ various practices of more or less formal or at least de facto de-penalization or de-criminalization, usually in combination with some kind of treatment compensation of users.

In some countries consumers and small-scale user/dealers are being largely decriminalized while traffickers of "hard" drugs are heavily criminalized. Treatment and other social compensation measures are usually optional and available to a variable extent. In Germany treatment is practically forced as there is only the option between prison and therapy. Also in some countries (GB, The Netherlands, Switzerland, Spain) there is almost total de facto de-criminalization of Cannabis use."

Germany

1. Germany's Opium Act of 1929 was the only law banning narcotics use until 1971.
2. Due to a dramatic increase in drug use throughout the 1960's, the Narcotics Act of 1971 was passed.

Amendments to Narcotics Act of 1971

1. Legalization of medicinal amounts of narcotics such as methadone.
2. Elimination of penalties for supplying drug addicts with clean needles and syringes.
3. Giving prosecutors discretion to press charges (ie. if the drug offense is minor charges can be dropped).
4. Treatment can be offered to offenders instead of jail time.
5. Farming of hemp was legalized.
6. Safe injection areas became subject to regulation.

These amendments purportedly attempt to help addicts by giving them second chances and limiting disease transmission through tainted needles. The laws also protect individuals who aid addicts by limiting the extent to which they can be prosecuted. The application of narcotics laws is under the purview of the prosecutor, who may, for example, choose to dismiss a case if he or she believes that the offenders’ guilt is minor or there is no public interest in the prosecution.

The Netherlands

"Dutch drug policy is unique in the whole world. It is directed by an idea that every human being may decide about the matters of its own health. The Dutch consider this rule as fundamental, accepting for example as the only country in the world, the possibility of the controlled suicide (voluntary euthanasia), for terminally ill patients. Another idea which guides Dutch laws in their drug policy is a conviction that hiding social negative phenomena does not make them to disappear - on the contrary makes them worse, because when concealed, they become far more difficult to influence and control." The Netherlands began conducting extensive studies into drug laws in the 1970’s. The impetus for seeking such legislative reforms was an increasingly violent heroin market.. The governmental group tasked with attempting to eliminate this heroin market was known as the Baan Commission.. Their findings emphasized a need to lessen the ability of drug users to harm themselves and others. Individuals were not the specific targets of the Baan Commission because of a long-standing tradition of individual freedom in the Netherlands. For instance, the consumption of small amounts of cannabis, marijuana, is legal in the Netherlands because the Dutch government does not believe that lesser narcotics such as cannabis are inherently harmful.. As a result of this ideology, coffee shops are able to sell cannabis under certain operational guidelines such as: no single transaction may exceed more than 5 grams per person, the sale of hard drugs is illegal, the advertisement of drugs is not allowed, the coffee shop cannot cause a nuisance, the sale to minors (those under 18) is prohibited, individuals under 18 are not allowed in the coffee shop, and the government has not shut down the establishment. Due to institutionalization of drug use in the Netherlands, even with the ease of access associated with drug use in the Netherlands, the rate of drug use is much lower than the rest of Europe as well as the United States..

The United Kingdom

Misuse of Drugs Act of 1971

This act was created to prevent the non-medical use of various drugs. It controls not just medicinal drugs but also drugs with no current medical uses. Drugs subject to this act are known as 'controlled' drugs. The law defines what constitutes an offence, including unlawful supply, intent to supply, import or export (all of which are considered to be trafficking offences), and unlawful production. As opposed to the Medicines Act, the Misuse of Drugs Act also prohibits unlawful possession. To make this act effective, the police have the power to stop, detain and search people on 'reasonable suspicion'.

Three Drug Classes

• Class A: cocaine, crack, ecstasy, heroin, LSD, methadone, methamphetamine, "shrooms," and any class B drug that is injected.
• Class B: amphetamines, cannabis, barbituates, and codeine.
• Class C: anabolic steroids and tranquilizers.

Offenses

Infractions for which violators can be prosecuted are: possession of a controlled drug, possession with an intent to distribute to others, production of illegal drugs, supplying drugs to others, offering to supply drugs, and allowing your property to be used as a gathering area for drug use.

Penalties

Penalties are not only defined by which class of drug was used but also through either possession or distribution. Class A violations for possession carry a maximum penalty of seven years plus a fine, while the maximum penalty for distribution is life in prison and a fine. When Class B or C drug laws are violated the penalties are markedly less severe, with the maximum penalty for distrubution set as fourteen years in prison plus a fine.

The Medicines Act of 1968

This law controls the manufacture and distribution of medicine. Medicinal drugs are divided into three categories: prescription only, drugs that are non-prescription but must be sold by a pharmacist, and general sale items, which can be sold anywhere.

Customs and Excise Management Act 1979

The intent of this law is to eliminate illegal import and export of controlled drugs. The penalties for violation are the same as those for drug trafficking, however, the fines can be astronomical.

Road Traffic Act 1972

This law states it is illegal to operate a vehicle while under the influence of drugs whether they be prescription or illegal.

Drug Trafficking Act 1994

This law prohibits the sale of items that assist in drug usage (ie. bongs or crack pipes). Additionally, this law allows the assets of individuals convicted of trafficking to be seized.

Crime and Disorder Act 1998

This law created treatment and testing that could be enforced.

Drug Policy in the U.S.A

Drug policy in the United States differs greatly from its European counterparts in Germany and the Netherlands. U.S. laws are very strict about the possession, distribution, and sale of narcotics and include penalties such as large fines and jail time. However, this was not always the case. As with the Netherlands, the initial emphasis of U.S. drug enforcement was to limit access to more dangerous narcotics such as heroin, and to regulate the sale and production of lesser drugs such as marijuana. One of the first major drug policies was the Harrison Tax Act passed in 1914, which outlawed opiates and cocaine. The U.S. government made another concerted effort to ban narcotics with the Heroin Act of 1924, which made the manufacture of heroin illegal. Other lesser narcotics were not regulated until 1937 when the Marijuana Tax Act was passed. Between 1914 and 1937, U.S. drug laws were incredibly similar to modern European narcotics policies, in so far as more dangerous drugs such as opiates were considered illegal while lesser narcotics were permitted. A widespread increase in government involvement during the 1920’s can be linked to these drug reforms. Prior to the 1920’s the government had a much more hands off approach in regards to interacting in the daily lives of individuals. However, with the Great Depression came a surge in pro government involvement, ostensibly to provide aid to working Americans; however the government also passed many social reforms during this time such as social security. It is during these social reforms that narcotics illegalization acts were passed. Government actions during the 1920’s and 1930’s resulted in a tradition of increased government involvement that has resulted in many narcotics acts such as the Boggs Amendment to the Harrison Act which created mandatory sentences for narcotics violations, Drug Abuse Control Amendments addressing amphetamines, barbiturates and LSD, and the Heroin Trafficking Act which increased penalties for the transportation and sale of drugs. A heavy influence has been placed on prosecuting offenders as opposed to providing addicts with aid and treatment. Of the approximately twenty-six narcotics laws passed between 1914 and 1992, nineteen have been focused on the illegalization of narcotics, associated penalties for breaking narcotics laws, and the creation of agencies to pursue individuals and groups that break these laws.

Cultural Conclusions

There is a cultural stereotype in the U.S. that dictates drug use’s equal failure or at the very least a lack of productivity. However, considering the successfulness of both Germany and the Netherlands as civilized countries, I feel that there is no corollary between drug use and productivity or for that matter any sort of connection between drug use and criminal behavior. As a matter of fact in the year two thousand, the murder rate in Germany was nearly half the rate in the U.S. This fact alone disproves the notion that drugs cause crime, and is therefore further evidence that there is no inherent risk associated with drug use. Additionally, it is possible to extrapolate cultural outlooks on life through drug policy. It is apparent that in certain European countries, a more laid back approach is taken. As long as the individual does not affect others these countries do not believe that society is harmed. This concept of individuality versus the collective good is a central anthropological theme when analyzing culture.