The Decriminalisation of Illicit Drugs
PDF of Study Guide: Here
Doodle for Country Choice: Here
Draft Resolution: Liberation Paper
Draft Resolution: Rethinking Appropriate Drug Policy
Introduction to the Committee
The UN General Assembly (UNGA) is the main policy-making body of the UN. As all member states are part of this committee and have an equal vote, it provides a unique setting for multilateral discussions on issues that the international community faces, including matters relating to illicit substances. The General Assembly meets in regular sessions from September to December every year.
Introduction to the Topic
An illicit drug can be defined as a substance which is illegal to possess, has no medical application or is overall dangerous to consume. The main groups of illicit drugs used in international statistics are opioids, cocaine, amphetamines and cannabis. These illicit substances often come with many negative effects, such as:
High risk of addiction
Exposure to HIV/AIDS
Risk of overdose
Potentially significant and possibly permanent physical and mental damage
These substances do not only affect the individual that consumes them, but also the people around them. A common example of this is the neglect and abuse that children of drug abusers experience. In many cases the parents will prioritise their need to obtain and use drugs over the welfare and wellbeing of their children. Drug abuse can also impact the economy. If an individual who worked as a bus driver or train operator were under the influence of drugs, it could affect the lives of many. Tendentially, drug abuse has a negative ripple effect on society.
Decriminalisation is the removal of criminal penalties for drug law violations, which in most cases is possession for personal use. The sale of Illicit drugs remains a punishable offence around the world. What this entails is that instead of being arrested for being in possession of illicit drugs, they will be confiscated. In addition to this, the individual's criminal record will not be affected. The decriminalisation of drugs was introduced as a form of harm reduction. The main goals of decriminalisation are:
Reducing the number of prisoners
Increasing accessibility to treatment of drug addiction
Improving the relationship between law enforcement and the community
There are two main forms of decriminalisation:
De Jure, also known as “in law”
The possession and consumption of illicit drugs will not be classified as a criminal offence, but rather as a civil or administrative violation. In the majority of cases, sanctions would include confiscation and possibly a fine or referral to a treatment program.
Some countries that follow De Jure Decriminalisation are; Spain, Portugal and Germany
De Facto, also known as “in practice”
The possession and consumption of illicit drugs remains a criminal offence, however law enforcement is provided with guidelines and may use their discretion when handling cases. Similarly to De Jure Decriminalisation, sanctions will often only entail confiscation with the possibility of a fine or referral to a treatment program.
Some countries that follow De Jure Decriminalisation are; The Netherlands and the United States.
It is important to clarify that for both of these forms of decriminalisation, the supplying of illicit substances remains a criminal offence. Depending on the structure of decriminalisation, law enforcement has the power to determine the nature of offence, meaning they may decide on the spot whether or not an individual is only in possession of illicit drugs or has intention to supply.
Within the International community, research has been done on the subject of drug abuse, otherwise known as “substance use disorder”. A large proportion of this research is directed towards understanding the cause of these disorders and how to recognize the symptoms and treat those affected. Studies have revealed 5 common risk factors that affect the likelihood and speed of developing an addiction:
Family history of addiction
Mental health disorder
Peer Pressure
Lack of family involvement
Early Use
The decriminalisation of drugs plays an important role in the treatment process of drug addiction. By removing the criminal penalties for the possession of illicit drugs, individuals affected by drug abuse have the opportunity to reach out to clinics in order to receive proper treatment in quitting their addictions and returning to living normal lives.
The first country to decriminalise illicit drugs was Portugal, in 2001. What that entailed was the possession and consumption of small amounts of drugs was reclassified as an administrative violation and not a criminal offence. Along with this Portugal expanded accessibility to treatment and harm reduction by offering sterile syringes at clinics and providing medication-assisted therapy.
Since 2001 Portugal has not seen a major increase in drug use and has only experienced beneficial changes from decriminalisation of illicit drugs.
Decrease in rate of adolescent drug use
Decrease in individuals arrested and incarcerated for drugs
Reduced spread of HIV/AIDS
Reduced drug-induced deaths
Current Situation
As of today there are more and more countries that have adopted at least some form of decriminalisation of illicit drugs. These countries include, but are not limited to; Switzerland, The Netherlands, Germany, Argentina and the Czech Republic. One of the biggest reasons why so many of these countries have moved towards decriminalisation is to combat the spread of HIV/AIDS. According to the UN Committee on Narcotic Drugs, people who injected drugs accounted for 12% of new HIV infections worldwide in 2018. Combating the spread of HIV/AIDS goes hand in hand with treating addicts. For example in Germany, drug consumption rooms are provided for addicts, where they can bring their own substances and are provided with tools such as clean needles in order to reduce the risk of infection.
There are however many countries worldwide, primarily in the middle east and Asia, that have a much harsher stance on illicit drugs. In south-east asia punishments for the possession of drugs range from hefty fines to long term imprisonment. In some cases offenders will also be given the death penalty. The fines are no lenient punishments either, in Laos they can be as expensive as $35’000. The sale of illicit drugs in these areas is also guaranteed to be punished by the death penalty. In the Middle-east similar actions are taken, for example in Saudi Arabia the punishments for the possession of illicit drugs include; public flogging, fines, lengthy jail time and death. Many of these countries will also punish individuals for testing positive on drug tests, regardless of if they are in possession of any illicit drugs. Countries such as China and Thailand often send drug users to mandatory rehab, overseen by the government.
Conclusion
There is a clear divide in the international community on how to approach and handle illicit substances. It is an issue that affects many on not only an individual level, but also on a global scale. The question remains, do illicit drugs need to be met by force with strict punishment, or is a slower and more passive approach such as decriminalisation more effective?
Questions a Resolution Should Answer
What can be done to ensure the stability of public health?
What does the future of drug policy look like? Will regulations loosen up or become stricter?
Can the international community find a positive in the use and research of illicit drugs?
Is there an alternative to decriminalisation?
Practical Advice for your Research
What is your country’s drug policy?
What is the rate of drug use in your country?
What percentage of prisoners are drug offenders in your country?
How prevalent is the black market in your country?
Does your country support research on illicit drugs?
Are there any past statements made by prominent politicians on the topic?
Country Picks
Suggestion by the chairs (in no particular order)
Belgium
Singapore
Turkey
Portugal
Australia
Mexico
Vietnam
Colombia
Canada
Uruguay
China
Saudi Arabia
The Philippines
Germany
