As Drug Legalization Can Help Fight Drug Trafficking

As drug legalization can help fight drug trafficking

Background of drugs in Peru

Aware that this problem is not now, it can be seen that illegal substances appear thanks to the fact that man seeks some substance that causes mood changes and thus developing psychoactive substances can be achieved that change of mind is effective.

In our country from the time of the Incas to this day the coca leaf is consumed, it is said that the use of this sheet was used as a stimulant in the ceremonies they performed.

Peru is drug producer, where they are distributed through the interior of the country and the exterior of it. It is known that from coca the cocaine alkaloid is obtained, which has a high addictive potential, this has made it one of the mostly disseminated drugs worldwide, it is mostly known in two ways: basic cocaine and hydrochloride pasteof cocaine.

Between 1869 and 1947, cocaine was legal in the world and made Peru producer and exporter of said drug.

Approximately 100 years ago, Japanese scientist Hajime Hoshi bought two huge funds in Tingo Maria to install the first cocaine factory. It must be specified that Hoshi was not a drug trafficker, otherwise he is considered the father of the pharmaceutical industry.

By 1947 Huánuco and Alto Huallaga were an important scenario for the legal production of cocaine.

In a Gootetenberg publication (2016) he says that Hoshi entered to compete with German, Croatian, American and Italian businessmen (immigrants installed in Peru after independence) who sold “tamales” of cocaine in an activity that, for those years,It was considered a model of Peruvian non -traditional exports.

In 1880 Alfredo Bignon, designed the first laboratory for legally manufacturing cocaine, which is why its design was used for different factories and for which today they are still used with some variations and that today are known as clandestine laboratories.

These substances were also used by Sigmund Freud as antidepressants and he recommended that he can aspire, inject or even take.

At the end of the last century it was where these substances became illegal, thanks to trade and communications, it is also known that drug use began to extend and began to be a major problem because they realized that the consumption of these substances does notIt only brought health problems, but there also began to exist in the development of each community.

There is an important fact in which 13 regions of the world in 1909 signed the International Opium Agreement of The Hague, which deals with drug control. Peru is not a signatory of that agreement.

Today in Peru, only medicinal marijuana is legal but not the recreational.

DEFINITIONS

Before starting with the analysis of the arguments that support our position for drug legalization, we consider it necessary to be clear about certain concepts that are widely used when talking about this issue;These are: "decriminalization" and "legalization".

Drug decriminalization

Decriminalization would be a smaller concept, intended

to remove the penalty for the possession of drugs for consumption, maintaining the prohibition of the sale, distribution, import and levels of possession of drugs in amounts greater than those allowed by law.

Drug legalization

Legalization implies abolishing the laws and associated penalties that prohibit the production, sale, distribution and possession of psychoactive drugs. This means that, the legalization of drugs would seek in practice the same treatment given to alcohol, tobacco or aspirin. In this sense, the elimination of sentences and judicial processes to drug consumers, the existence of maintenance programs for addiction (including needle exchange or methadone treatment), the elimination of drug detection programs in drugs in drugsLabor centers, the sale of certain drugs subject to regulation by the State, among other measures for the prevention and treatment of the addict.

Analysis of arguments in favor of drug legalization

Decrease in drug use

A clear example of the decrease in drug use is Portugal. After 17 years of decriminalizing drugs, he managed to reduce the spread of HIV AIDS for sharing needles and overdose deaths are increasingly scarce. This country has the lowest overdose mortality according to the report of the European Drugs and Drug Addiction Monitoring Center (see statistics in Annex 1).

This is due to the decriminalization that was taken as a measure to treat this problem from a medical and non -criminal field.

It is considered as an experience for many countries that still do not find a form or what measures to implement to reduce drug use and drug trafficking.

Other countries can take as a starting point the measures implemented in Portugal. Of course, the economic, political and social conditions of each country must be taken into account.

Better management of state media

It is argued that, although it is true that when legalizing drugs would end corruption, which increases more and more because a certain number of police, judges and all kinds of authorities have followed somehow bribed, bought or extorted bydrug traffickers and for what this has aroused in the population that feeling of distrust.

And the billions of dollars that are invested in the fight against drug trafficking could be better used in education and prevention campaigns, one of the forms is strengthening and consolidating the critical judgment, about the characteristics and risks thatbecome the consumption of these drugs.

According to Randy Barnett: “Every dollar spent to punish a consumer or seller of narcotics is a dollar that cannot be used in the fight against thieves. Every hour used by investigating a consumer or distributor is an hour that has been used for a lost child. Each trial filed to process a consumer or drug seller represents time that has been used to process a rapist in a case that could otherwise have been resolved by exception. These and many other expenses constitute the ‘opportunity costs’ of drug prohibition ”.

While it is true that, when the legalization of drugs occurred, this would imply a strong expense, since a greater demand in health infrastructure capacity would be created and therefore not only the new consumers or addicts would be served, butthat there would also be greater control in the marketing and sale of these.

It is true that in Peru there is no active system that is intended to avoid smuggling, adulteration, black market and piracy of certain products, as well as efficient control in the sale of alcohol or tobacco to minors,So it is easier to acquire these products in any store without the need for their DNI to show.

Vassilaqui and Masías point out:

[…] The current almost 100,000 addicts to this drug (cocaine) would become 500,000 causing a public health problem which the government could not address. As a point that reinforces the latter, it is enough. To this should be added that a significant number of dependents are not within the Social Security.

In Canada, for example, with the legalization of cannabis, it has been established that it is produced by authorized companies and that many of them are already dedicated to marijuana for medicinal use. In addition, the law establishes that possession cannot exceed 30 grams and that the minimum age for consumption and purchase must be 18 years, also 75% of the money raised in taxes will reach the provinces and the remaining 25% will go toFederal coffers.

It is also difficult to believe that in Peru the economic resources have been colossally spent in the fight against drug trafficking, since the large part of the costs of the struggle with drug trafficking in our country, were given through interdiction and eradication programs, eradication,which has been and remains funded by international cooperation from Europe, United States and the United Nations.

In Brazil, for example, violence related to drug trafficking in Rio de Janeiro has decreased, since there is one of Brazil’s most violent cities with drug traffickers’ bands that control the main favelas.

Only with the second Government of Alan Garcia there is a fast impact plan (PIR), whose amounts have been veryy: 10 million soles in 2007, 35 million soles in 2008, 0 soles in 2009 and 94 millionin 2010.

Prevent human rights violation

While it is true that the legalization of drug use would be attempting against various human rights and where the State has the obligation to guarantee the full validity of these rights, but not through legislation that releases the legal barriers of drugs, but rather that globally placing a policy, which I clearly specified that the use of drugs must be fought.

Drug trafficking is also a serious violation of human rights and the environment, so it must be sanctioned and fought by the State.

The magistrate of the Constitutional Court, Fernando Calle, said: “There is a collision between the right to development and the right to a healthy environment, since the first is often carried out at the expense of the last one, with detriment effects on the rights to the rights to thelife and health of people ‘.

The combat and sanction of drug trafficking should be addressed globally, which destroys the life of childhood and youth, promoting corruption since it not only affects public institutions, society and the integral development of peoples.

Since drug use abusive can generate an addiction, where not only affects the mental and physical health of the person, but also violates the freedom of the individual, since the abuse of this destroys human dignity and also theFreedom of decisions.

Comparative legislation

• PORTUGAL

In July 2001, Portugal modified its anti -drug policy, establishing that the acquisition and possession of drugs for personal consumption would not be a crime but a sanctionable lack with a fine or administrative measure. By modifying their drug policy, it made a difference since at that time the other countries of the world and even so far sought to implement more severe sanctions towards these people. With this new anti -drug policy the drug addicts: they ceased to be treated as criminals, care programs, replacement of heroin with metadonne were applied, they were included in the health system to attend their diseases. The application of these measures would depend on the commissions for the deterrence of drug addiction, composed of a jurist and two members of teams composed of doctors, psychologists, sociologists and experts in social services. The amount of consumption allowed for a period of 10 days would be 25 grams of cannabis and 2 grams of cocaine, although only as a reference, since the authority could be guided by other tests to determine the destination of the drug possessed.

Artur Domosławski in his work policies on drugs in Portugal: Benefits of the decriminalization of drug use, mentions that Portugal anti -drug policy has 5 fundamental pillars which are based on the drug strategy of Portugal of 1999 which mentions: “TheGuarantee of access to treatment for all pharmacodependents seeking treatment is an absolute priority in this National Drug Strategy. The humanitarian principle on which the national strategy is based, the understanding that drug addiction is a disease, and respect for the responsibility of the State to guarantee the constitutional right of all citizens to health, justify this option offundamental strategy and the consequent mobilization of resources to comply with such right ”.

Prevention

Prevention is in charge of the Drug and Drug Institute (IDT) with support from government institutions such as the Ministry of Education, the Police and NGOs created by the State. These institutions promote education about drugs and the importance of leading a healthy life to young people who are in areas likely to develop addiction problems. Police meets an important role in schools where young people are more likely to be attracted to traffickers, so most of the time these policemen wear civilians on the outskirts of schools.

Dysmasion commissions

Each of the 18 provinces of the country has a deterrence for three persons appointed by the Ministries of Health and Justice. The member appointed by the Ministry of Justice has to be a law expert, while the other two are usually a health professional and a social worker. The commissions receive support from a team of psychologists, sociologists and social workers. When a drug consumer is approached by the Police, it registers its data, confisca the illegal drug and notifies that it must appear before the Dysmasion Commission. Sometimes a person can be taken to the police station to verify their information and fill some documentation, but it is not stopped.

Risk and damage reduction

The IDT finances 69 projects throughout the country, along with 30 teams of social workers operating in the streets and in centers that distribute metadona to heroin -dependent consumers, and in night shelters for homeless drug users. One of the most important activities for damage reduction, consists of a daily visit for places where drug consumers meet. A team of two or three people – one of which must have professional training in psychology – distributes small packages to drug consumers. The most important components of these packages are clean syringes and needles to inject heroin. Packages also contain hygiene items, such as distilled water, gauze and a condom. To obtain a new package, consumers must return the used syringes and needles, which usually occurs. By promoting the exchange of needles and syringes used, packages play an additional vital role in terms of public health, by helping to prevent HIV and other blood transmission diseases (such as hepatitis C through drug injection).

Treatment

Drug -dependent patients can receive treatment in medical centers specialized in drug treatment. One of the treatment centers in Lisbon, Taipas, provides comprehensive care in the different stages and treatment levels. Taipas has three teams of psychiatrists, psychologists and social workers, offering consultations, treatment, psychotherapy and programs with metadona. In the most serious cases, the person can remain in the center for two weeks, during which he is subjected to detoxification and an initial treatment, which must be maintained. Miguel Vasconsuelos, psychiatrist and deputy director of Taipas, said that about half of those who arrive at the clinic in search of treatment continue with him, while the other half abandon him. Vasconsoles highlights that those who initially abandon the treatment often return later. Together with strictly medical treatments, Taipas patients can participate in physiotherapy sessions (to "gain awareness of their bodies"), and take art and computer classes.

Reintegration for life in health and society:

The last "link" of drug policies is the assistance given to dependent consumers in terms of their reintegration into society. The teams responsible for social reintegration usually cooperate with treatment centers. Reintegration teams first prepare a diagnosis of the patient’s condition and then, together with it, design an action plan that may include objectives such as resume university training, return to work or both. The members of the reintegration team also help the patient to find employment or advise him on how to find it. Maintaining the confidentiality of the drug consumer, the equipment stimulates awareness in schools, companies and residential areas where the patient lives. The objective is to overcome the prejudices that generally exist against dependent consumers and lay the foundations for the return of patients to the community where they once lived and worked. The IDT cooperates with companies that use drug users in treatment – usually in the service sector. The IDT can finance a limited number of internships for a period of 9 months, which can sometimes extend to a two -year contract.

• URUGUAY

The continuous development of Uruguay in recent years is due to the separation of the Church and the State. It has become a progressive and secular state;However, there is still a certain sector of Uruguay where the Catholic Church is still dominant. Uruguay is the first country in the world that legalized marijuana in 2013. The law that regulates the consumption of marijuana is Law No. 19.172 control and regulation on the production, acquisition, storage, marketing and distribution of cannabis. The idea of the Uruguayan State was that when legalizing marijuana there could be better control of it and ensure that its citizens are consuming a quality product and non -marijuana mixed with pesticides and other substances. It should be noted that marijuana is not produced for profit, but seeks a collective well -being of citizens and generate an increase in the legal consumption of this drug. For the Uruguayan State, legalizing marijuana was a positive experiment in a continent marked by the war against drug trafficking.

In Uruguay marijuana is produced by the same state. Only 5 grams are delivered in special containers that help their preservation and is sold at an economic price, the Uruguayan government for the Sputnik electronic newspaper reported. Although the law of marijuana was approved, there were many opponents such as a group of pharmacists who opposed the marijuana vein as a recreational use.

Although the legalization of this drug has increased the legal sale of it, there is a main problem with respect to banks, who decided to close the accounts to pharmacies that sell marijuana in Montevideo. These claim that, although the legalization of marijuana in Uruguay is for recreational purposes, money comes from an activity considered illegal in other countries. For those who prefer not to buy their legal marijuana in a pharmacy, UruguayA maximum of 40 grams a month of the association’s harvest expressed it in dialogue with Sputnik, the former Secretary General of the National Board of Drugs (JND) of Uruguay Milton Romani.

People who consume marijuana must be registered in the State Institute for the Regulation and Control of Cannabis (IRCCA) according to the Marijuana Regulation Law all people capable and over 18, with legal or natural Uruguayan citizenship or with residencepermanent properly accredited ‘, this is explained by IRCCA on its website. On the contrary, foreigners are exempt in these regulations and that is why they decide to buy it illegally in the black markets that still exist in this country.

This law not only wants to promote the legal sale of marijuana but also that when regulating the consumption of this narcotic, the health of many patients is improved, because the State through a decree of 2015, which regulated the Uruguay2013 cannabis, establishes guidelines for the development and sale of derived products for therapeutic purposes.

Conclusions

Portugal after approximately 18 years of having modified its policy of legalization of drugs has not been chosen even as a country for drug tourism, much less one where drug traffickers have put their sights to increase their business, this is the result of a policy that has worked together with the various state institutions. In the future, if Peru decides to legalize drugs, it must take into account that it not only is enoughDamage held in Porto this year.

It is true that the path to the legalization of drugs will be difficult, given the economic, social and cultural conditions of our country, since there is no effective system that is destined to combat drug trafficking, but that nevertheless is an alternative that mustbe debated in the future so that it can be applied in an adequate way.

Uruguay, being the first country to legalize drug use worldthat today has been increased because there is no adequate control by the authorities of our country.

• REFERENCES
• Cruz, r. (2018-06-15). 17 years ago, Portugal decriminalized all drugs: how is the strategy going?. Recovered from https: // pen.com/explaining. (2012) . Drug policies in Portugal: Benefits of decriminalization of drug use. In a.Marcano.(ed.), New York: Open Society Foundations. Recovered from https: // www.Open Society Foundations.Org/Uploads/750617C2-11C7-4B20-9EDC-DF62104A22E8/DRUG-POLY-PORTUGAL-BEENEFITS-DECRIMINALIZING-DRUR-USE-ES-20160218.PDFGONZALES, f. (31 of 05 of 2017). The newspaper . Obtained from www.the newspaper.ES/CANARIASAHORA/LAPALMAHORA/COMPANY/ADDICTIONS-DRAGAS-PEGALIZATION-FELIX-GONZALEZ_0_649535950.htmlgonzáles, f. (31 of 05 of 2017). The newspaper . Obtained from www.the newspaper.ES/CANARIASAHORA/LAPALMAHORA/COMPANY/ADDICTIONS-DRAGAS-PEGALIZATION-FELIX-GONZALEZ_0_649535950.HTMLGOTENBERG, p. (2016). Andean cocaina. The process of a global drug. Lima: Winter Animal.
• Inciardi, j. (1981). Marijuana Decriminalization Research: A Perspective and Commentary, at: Criminology, No. 19.
• Ingraham, c. (2015- 06-05). Why almost no one dies because of drug overdose in Portugal?. Recovered from https: // www.Washingtonpost.com/News/Wonk/WP/2015/06/05/WHY-HARDLY-AYONE-DIES-FROM-A-DRUR-OVERDOSE-IN-PORTUGAL/?NOREDIRECT = ON & UTM_TERM =.4B78C8C11853
• Kryazhev, a. (2017- 07-19). How does cannabis sale in Uruguay pharmacies works?. Recovered from https: // world.Sputniknews.com/society/201707191070894398-MARIHUANA-URUGUAY-SALE-PHARMACIA/LEGARIA, G. (2017-10- 14). Uruguay will have two medical cannabis production plants. Recovered from https: // world.Sputniknews.com/America-Latin/201710141073165934-Montevideo-Marihuana-Empresas/Martínez, M. (2018- 04-26). The demand for legal marijuana in Uruguay overflows the offer. Recovered from https: // elpais.com/international/2018/04/16/world_global/1523868317_283821.HTML?Rel = more
• UKI, g. (December 25, 2017). The legalization of marijuana in Uruguay has turned out to be a success. Recovered from https: // www.the newspaper.is/Theguardian/Uruguay-Legalized-Fumado_0_717429244.HTML
• Vassilaqui, a. (03 of 04 of 2014). Reasons not to legalize drugs. Trade .Vocram, t. (September 17, 2018). Uruguay The first country to legalize recreational marijuana is still suffering growth pains in the creation of its market. Recovered from https: // cnnespanol.CNN.com/2018/09/17/Uruguay-El-Primer-Pais-in-legitar-la-marijuana-sta-tomando-las-Cosas-Con-Calma/
• Wilking, r. (2017-08-22). Uruguayan government makes efforts to apply ‘correctly’ marijuana law. Recovered from https: // world.Sputniknews.com/AMERICA-LATINA/201708221071757283-ANNABIS-MONTEVIDEO-APlicacion/Barnet, R. (1990). A cure for addiction to anti -narcotics legislation. Harmful side effects of legal prohibition. Madrid: Editorial Union.
• Carlos., B. (October 5, 2003). Andina. Obtained from https: // Andina.PE/Agency/News-Narcotrafico-Es-A-Grave-Violacion-A-Los-Rights-Humanos-Affirm.ASPX
• Llosa, Teobaldo. (January 24, 2010). Legalize drugs? Commerce, Sunday.
• Ventura Ramírez, V. (2015). Drug trafficking and human rights violation, and the State? Social Sciences and Humanities, 2-10.