czech drug policy and its recent development
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Czech Drug Policy and Its Recent Development. Secretariat of the Government Council for Drug Policy Coordination. Structure of the presentation. Basic model and concept of Drug Policy National Drug Policy Strategy and Action Plan – goals and priorities Evaluation of Drug Policy Strategy - PowerPoint PPT PresentationTRANSCRIPT
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Czech Drug Policy and Its Recent Development
Secretariat of the Government Council for Drug Policy Coordination
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Structure of the presentation
Basic model and concept of Drug Policy
National Drug Policy Strategy and Action Plan – goals and priorities
Evaluation of Drug Policy Strategy
Recent developments – New Penal Code, Medical Cannabis
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Model of Drug Policy
The way how society (decision makers)perceive drug phenomenon gives a framework in which drug policies are formulated, intervention and measures taken
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Model of repression and law-abiding (Hartnoll, 2004)
Drug use is viewed as devious, pathological
Control of psychoactive substances, combating the drug use
Model of Public Health
Drug use is viewed in the context of individual and social behavior, with risks for individuals and the society
Socio/economic model
Drug use is a phenomenon created by the reaction of society and pathological behavior is the consequence of the policy. Normalization of drug use and repression only creates the illegal market and leads to the criminalization
Hartnoll R., (2004): Drugs and Drug Dependency. Connecting research, policy and praxes. What have we learned and what could we learn. Council of Europe ISBN 80-86734-45-5
Model of Drug Policy
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Model of risk-minimalization (Cohen, 1997)
Attention is focused on the minimalization of risks and organized crime (drug distribution). Decrease in drug use prevalence is viewed not as a goal of drug policy, but as a means for reducing the harm of drug use
Model of Drug Policy
Cohen P. (1997): Drugs Policy Profiles. Amsterdam University Press, Amsterdam
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The case of Czech Drug Policy:
Public Health (Protection) Model
Drug use is viewed in the context of individual and social behavior, with risks for individuals and the society. Drug dependency is viewed in line with the Bio – psycho – social – (spiritual) model
Is based on a comprehensive aggregate of preventive, educational, therapeutic, social, regulatory, and control measures, including law enforcement measures
Model of Drug Policy
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1990 – 1992 Commission of CSFR for Drugs
December 1992 – Christmas memorandum to the Government
1993 – set up of the Interministerial Drug Commission
1993 – 1996 – First Drug Policy Program
1998 – 2000 – Second Drug Policy Program
2001 – 2004 – National Drug Strategy
2005 – 2009 – National Drug Strategy and 2 Action plans
2010 – 2018 – National Drug Strategy and 3 Action Plans
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1998 – 2000 – Second Drug Policy ProgramFor the first time ever, priorities also included alternatives to the (criminal) prosecution of drug users and prison programmes
there was also a shift in the perception of drugs – from the perception of drugs as a direct threat to society to a perception of drugs as a phenomenon presenting health and social risks
2001 – 2004 – National Drug Strategyharm reduction strategy finally became (officialy) one of the four pillars of the government policy
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National Drug Strategy 2010-2018
SEKRETARIÁT RADY VLÁDY PRO KOORDINACI PROTIDROGOVÉ POLITIKY
Protection of individuals and society from harm caused by drug use and from its crime-related impact
Strategy purpose
Strategy approaches
Demand reduction Supply reduction Harm reduction
Goals
Drug policy pillars
To reduce the level of
experimental and occasional drug use, particularly among young
people
To reduce the level of problem
and intensive drug use
To reduce potential drug-related risks to individuals and
society
To reduce drug availability,
particularly to young people
Primary Prevention
Treatment and Social
Reintegration
Drug Supply Reduction
Supporting areas
Coordination and Funding
Harm reduction
Monitoring, Research, and Evaluation
International Cooperation
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National Drug Strategy 2010-2018
4 specific objectives of the Strategy:
To reduce experimental drug use
To reduce problem drug use
To reduce the risks related to drug use
To reduce availability of drugs
Action Plans – 3 for 3 years
sets the priorities of drug policy for the concerned period
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National Drug Strategy 2010-2018
Priorities of the Action Plan 2010-2012
• to implement interventions aimed at reducing the high level of the use of cannabis, in particular, and other legal and illegal drugs;
• to reduce the high level of problem pervitin use by applying specific interventions and programmes;
• to strengthen the drug policy in relation to legal drugs (alcohol and tobacco), primarily in terms of policy and coordination mechanisms and treatment, and
• to develop and improve the drug policy’s overall legislative, financial, and coordination mechanisms
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Evaluation of Drug
Policy Strategy 2005-2009
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Aim of evaluation
To learn:
• The extend to which strategic goals where achieved
(How has the drug situation changed)
• What were the main achievements and failures of drug policy in 5 years
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Findings
The character and potential of planned activities (defined in Action plan 2007-2009) and also the level of successful implementation corresponds with the success in achieving strategic goals and areas
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eg. - prevention
• High level of experimental use – cannabis, alcohol …
• The consumption of illegal drugs increased, of legal drug stabilized on a high level
Prevention in Action plan 2007-2009• No activity leaded directly to specific
strategic goals• High % (70) of activities focused on
organizational-coordination frame – only 30 % of activities were focused on solving a problem
• Fulfilled/implemented 58 % of activities in 2005-2006, and 35 % in 2007-2009
• Implemented 1 activity out of 6 characterized as those with higher potential of changing a drug situation
• No improvement was noticed/declared in this area; what more number of strong points from 2004 were weakened (SWOT)
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eg. – harm reduction
• Infection diseases and other health consequences on a low level
• Stabilization of problem drug users
• Relatively stable network of drug services
Harm-reduction in Action plan 2007-2009
• Had the highest no. of activities leading directly to achieving most of strategic goals
• Highest % (65) activities, which were specifically focused on problem solving,
• Fulfilled/implemented 78 % of activities 2005-2006 (most from all 4 pillars), 41 % in 2007-2009
• Implemented 8 key activities (from 16) important for strategic goals achievement
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Incidention matrix – all activities
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Incidention matrix – key activities
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Recent developement
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The Penal Code really that revolutionary?
January 2010 – Act. No. 40/2009, Coll., the Penal Code
has brought changes to the legal definitions of drug-related criminal offences
Follow up of the recommendations from the research conducted in 1999-2001 (Impact analysis of the new drug legislation - PAD)
lower punishment range refers to the possession of cannabis in a quantity greater than small; other types of drugs carry stricter sentences
new provision concerning the illegal cultivation of plants and mushrooms containing a narcotic or psychotropic substances (NPS)
January 2010 – Government regulation No. 455/2009, Coll.
list of plants and mushrooms containing NPS and their respective quantities for the new Penal Code
January 2010 – Government regulation No. 467/2009, Coll.
quantities greater than small of NPS for the purposes of the new Penal Code
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The Penal Code really that revolutionary?
• Law since 1999:– makes it again possible to prosecute for the possession of drugs
for personal use– introduced the concept of “quantities greater than small“
• Law since 2010:– specifies what is “ quantity greater than small“– introduces new section - Unauthorized cultivation of plants
containing narcotic or psychotropic substances – Sanctions for possession of plants were eased and sanctions for
possession of other drugs strengthened
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Rationale behind it I.
• In 1999 - the Czech law makes it again possible to prosecute for the possession of drugs for personal use.
• Introduced the terminology „quantities grater than small“ as the criterion for distinguishing between misdemeanor and crime
• What is the „quantity greater than small“ was not clear – there was only a internal recommendation from the police headquarters which was not binding
• Different praxes took place (in judging the same case)• There was a need for united approach – for právní jistota?
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Rationale behind it II.
• In 1999–2001 - the Impact analysis of new drug legislation (PAD) - to analyze the impacts of the legislative intervention that criminalized the possession of illegal drugs for personal use.
• Conclusion:• With no distinction made between drugs according to their health
and social risks, the move proved to be ineffective and caused unnecessary economic and social costs.
• The Government approved following measures:• to approve a bill that divides drugs into categories according to
their health and social risks (2006 not passed because of sections on economic crime, 2008 passed)
• Drug users should be offered drug treatment instead of criminal punishment.
• The criminal law enforcement agencies should focus particularly on controlling and prosecuting the activities of highly organised criminal gangs.
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Rationale behind it III.
• To distinguish between illegal market with marihuana from commertionalised and violent drug market with higher social and health consequences.
• The outcome would be the better protection of public health and safety with lower availability of marihuana for those who do not use marihuana and for the youngest generation.
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The Penal Code really that revolutionary?
• Possession of a narcotic drug in any amount including cultivation of marihuana is forbidden by the law in any circumstances,
• If the illegal drug is possessed for other purposes than personal use it is a criminal offence.
• If the illegal drug is possessed in quantity greater then small it is a criminal offence,
• If the illegal drug is possessed in quantity smaller than small it is a misdemeanor
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Quantities greater than small of NPS for the purposes of the new Penal Code
Type ofSubstance(name inGeneralusage)
Quantity greater than small
Active principle
The smallest quantity of the activeprinciple which a substancedesignated as a drug must containfor its quantity under examination tobe deemed greater than small
Pervitin(Methamphetamine)
more than 2 g(+)-1-phenyl-2-
methylaminopropane0.6 g0.72 g (hydrochloride)
Heroin more than 1.5 g 3,6-diacetylmorphine0.2 g0.22 g (hydrochloride)
Cocaine more than 1 g Benzoylecgonine methylester0.54 g0.6 g (hydrochloride)
Marijuana more than 15 g of dry
matterDelta-9-tetrahydrocannabinol 1.5 g
Hashish more than 5 g Delta-9-tetrahydrocannabinol 1 g
Ecstasy (MDMA)
more than 4 tablets/capsules or more than 0.4 g of powdery or crystalline substance
1-(3,4-methylendioxyphenyl)-2-methylaminopropane
0.4 g0.40 g (hydrochloride)
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Plants and mushrooms containing NPS and their respective quantities for the new Penal
Code
List of plants and mushrooms Quantity greater than small
Plants of cannabis (Cannabis sp.) containing more than 0.3% of substances comprising the tetrahydrocannabinol group
more than 5
Coca shrub (Erythroxylum coca) more than 5
Mushrooms containing psilocybin and psilocin more than 40
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Medical Cannabis
• To separate the issue of medical use of cannabis from the issue of misuse/abuse of cannabis
• Czech authorities are willing to support medical use of cannabis in a way that is in accord with its international commitments
• A legislative proposal has been prepared– Setting the agency
– Allowing the possibility to import cannabis for medical use and also to cultivate it domestically
– A special register needs to be established with police to have access to it
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• PAD – http://www.drogy-info.cz/index.php/o_nas/studie/projekt_analyzy_dopadu_novelizace_drogove_legislativy
• Annual Report 2009 (comparison of old and new Penal Code) http://www.drogy-info.cz/index.php/english/annual_reports_and_other_main_resources/annual_report_the_czech_republic_2009_drug_situation
• Evaluation of CZ Drug Policy Strategy http://www.vlada.cz/assets/ppov/protidrogova-politika/dokumenty/narodni-strategie/Evaluacni-zprava_NSPP-2005-2009.pdf
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Coordination of the Czech Drug Policy