Decriminalizing the use, keeping the dependence on illegal trade

The proposed bill for the new "Code of Drugs" is a first step to rationalize the Greek policy on "drugs" , since it decriminalizes the possession and supply of substances for personal use (and therefore the actual use), and in the same time reduces the penalties for cultivation of cannabis plants for personal use;-(from a misdemeanor to a fault), and penalties for trafficking. Furthermore, the bill recognizes to the drug addict its right to detoxification and rehabilitation treatment. 

At first glance one can see that the objective of the State is to decongest the penitentiary system and save Police and Judicial funds and means. When taking a closer look, however, we see that while the state is trying to consider  the drag user not as a criminal but as a patient (by decriminalizing the use- supply- possession) the same effort is not being made to fight or to regulate the illicit trade and to make a distinction between the user and seller. 

It is hypocritical and absurd, especially for the consumers of cannabis who represent the largest percentage of users, that it is legal to possess and purchase a small quantity from a dealer, while it is illegal to cultivate for personal use. Dealers are going to have a field day and the same applies for drug circuits. Because of this absurdity users will prefer to purchase from the black market because it will have less impact than if they would cultivate it themselves. In this way the problem is being perpetuated, the state encourages the purchase from criminal circuits, and cannabis remains a black market product without any control over production and disposal, without any provision for reducing the damage. So the only thing left to Greek cannabis' users is to take matters into their own hands and to cultivate massively for their personal use, contributing to the fight against organized crime and merchants. 

Furthermore, as there is no provision for quantity limits for each individual narcotic (as it was determined by Article 15 of Law 3727 / 20082) and the same applies for  the number of individual cannabis' plants that justify the description "personal use" , the prosecutors (or even worse, the judges) will  take this decision (distinction between user-merchant), based on subjective criterias. Therefore arresties, even with  small quantities in their possession, will still potentially have legal adventures, since the law enforcement will lack available  the objective criterias that guarantee    innocence (a maximum quantity that justify personal use) with all that this implies (further legal congestion in court houses, lost time, funds and means for law enforcement, lawyers costs and users inconvenience ). In the mean time, there is no clear distinction between dealer and merchant, that could lead to the explotation of the dealer from the merchant. 

Eventhough an effort is being made for more flexible and reduced trafficking fines, to decongest penitentiaries, Greece still has one of the strictest penalty systems in Europe, stricter in average than other European countries. The publication of the frame decision - of the EU Council of the 25th of  October 2004 (2004/757) provides sentence limits  for basic drug trafficking charges which are significantly lower than those predicted by Greek law, even from the reduced sentences proposed by this bill. 

This bill is also characterized by revenue-raising provisions (for public  use of substances and self-cultivation of cannabis for personal use), which could lead to an absurd chase for arrests especially now during the economic crisis, but also from an unclear framework of sentences which rely on the subjective interpretation of prosecutors (or judges) concerning their width and nature. Substances are not treated according to their danger level, since  the degree of harmfulness of each substance is not being taken into account  and especially the category to which it belongs, while  unfortunately reproduces the  incomprehensible categorization of substances of the previous law (3459/20064), although the new definition in Article 1 recognizes that different substances with different hazard (chemical structure and influence on the central nervous system) causes different damage (dependence of different nature and varying degree) to the user. 

We consider very important and disappointing the fact that no reference or distinction is being made regarding the release of Hemp cultivation for industrial purposes as well as  the medical- therapeutical-nutritional uses of cannabis. 

Finally regarding  the dependent users there are some favorable provisions guaranteeing the right to treatment (detoxification), although the final outcome is far from international good practices and experience. With this bill  pluralism in treatments is not being encouraged  through alternative menas and organizations (other than the 4 treatment state agencies), there is no specific regulation for treatment programs and harm reduction within the penitentiary facilities, whilst  the persistence in supplying  especially addictive substitutes continues, instead of developing a government-controlled provision of heroin to drug addicts targeting their support and gradual rahabilitation. Although the structures providing therapeutic substitutes of OKANA (State Program Against Drugs) are being decentralized through dissemination to the NHS (decision of the Ministry of Health), this is done with incomplete and uncoordinated manner because it is not followed by appropriate structures of psychosocial support and rehabilitation, hospitals lack qualified staff and appropriate infrastructure and in the same time funds concerning prevention and rehabilitation are constantly decreasing. 

Although we believe that this bill for the new "Code of Drugs" is moving in the right direction, we believe that there should be a more comprehensive, scientifically up to date, approach following these proposals: 

1. Categorization of substances and treatment of addiction targeting to the reduction of damage, according to their dangerouseness. 
2. Further rationalization of the penalties of trafficking, according to the standards set by the  decision of the EU Council of 25th October 2004 (2004/757). 
3. Implementation of  objective criteria that justify the innocence for personal use (such as quantity limits of each individual substance, number of cannabis plants, but also the level of harmfulness of each substance and especially the category it belongs). 
4. Decriminalization of cultivation of 5 female cannabis plants per person for personal use. 
5. State controlled provision of cannabis, through the operation of clubs (club members) for collective, non-profit, growing cannabis for personal (therapeutic or euphoric) use, and special drugstores where  a doctor's prescription will allow provision of cannabis for personal use. 
6. The legalization of cannabis for medical and therapeutic purposes. 
7. Legalization of  cultivation of Hemp for construction and industrial purposes, in accordance with current EU regulations. The massive and systematic production of Hemp supported by a study of the Agricultural University of Athens (2000), can have great results to boost Greek economy and the countryside. 
8. The immediate distinction (and decriminalization) of products from hemp or other by-products for nutritional and industrial use. 
9. The establishment of centers for the mediacally controlled provision of opiate to addicts, and innovative treatment programs, rehabilitation and harm reduction, not only by the 4 authorized government agencies , but also by  other organizations in cooperation with the state, according to  standards used in many European countries ( Switzerland, Portugal, etc.) covered by all insurance funds or provided free through the structures of the National Health System (NHS). 
10. Development of additional programs of free primary care and health care for dependent users, and more rehabilitation centers for addicted detainees..

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Michalis Theodoropoulos, MSc

Environmental (Project) Management & Consulting

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