Legalization of Marijuana
Legalization of Marijuana
Legal Research A
Legalization of Marijuana: A Comparative Study.
In the case of Spain, the measure was adopted as part of the rejection of the
highly intrusive state that has been created in the Franco regime, where the
measure was not purely relating to drug policy.
Portugal also decriminalized all drugs, where in the early 90s, the
country experienced a rapid increase in terms of usage of drugs in non
medical purposes. The rising situations of drug dependency lead to its
decision to decriminalize both soft (Marijuana, Hemp) and hard drugs
(Cocaine, Heroine) in a bold effort by the government to reduce drug use
and to smoothly facilitate treat programs, where its results can be collated to
further improve ways on how to curb drug use. It was spearheaded by the
Commission for a National Drug Strategy, where its central tenets are to
treat drug addicts not as criminals, but of patients suffering from a disease.
Trafficking and production of illegal substances are still punishable by
criminal sanctions. The offender is brought before a panel that consists of
medical and legal professionals, to determine whether or not the shows signs
of drug addiction. If found to have no signs of addiction and of no previous
convictions the trial is suspended, but if there is a previous conviction, it can
result to a verbal warning, a fine, or in some cases, loss of professional
licenses and also filing of administrative actions 4.
The approach to decriminalization employed by the Portuguese Government
involves great emphasis on prevention of use and proper education on the
effects of the use of illegal drugs. Drug addicts and dependents were not
treated as criminals but as patients needing medical and psychological care5.
In Netherlands where it is famous for its tolerance of Cannabis adopted a
policy of the non-enforcement for the violations involving the possession of
drugs, where the drug policy is marked by distinguishing between so called
soft and hard drugs where Cannabis or marijuana/hemp falls under the
former. The Dutch Ministry of Justice called such policy as gedoogbeleid
(tolerance policy)6 with regard to the category on soft drugs: an official
4 McCaffrey, Hugh. 2010. A bitter pill to swallow: Portugals lessons for drug law reform in
NewZealand. Victoria University of Wellington Law Review.
Germany also has invested heavily in the prevention and treatment borrowed
from other countries in order to improve its harm reduction strategy in
combating and decriminalizing the use of Marijuana and other effluents10.
Comparing the different models embraced by the three countries in
decriminalizing marijuana and other drug effluents, all the three has
embraced the principle of harm reduction, where it is defined a set of
practical strategies and ideas aimed at reducing negative consequences
associated with drug use. Harm Reduction is also a movement for social
justice built on a belief in, and respect for, the rights of people who use
drugs.11 But in a specific manner, Portugal utilizes the anti-prohibitionist
model on drugs, while Germany on the contrary uses the prohibitionist
model. And in terms of the results in the latest statistical bulletin published
by the European Monitoring Centre for Drugs and Drug Addiction, Portugal
has the lowest rate of Cannabis use in age levels 15-34 (young adults) and
up to the age of 64, while Netherlands on the contrary has the highest rate of
Cannabis use. This can be inferred from too much relaxation of the laws
regulating marijuana and the use of other psychoactive substances.
Drug use in the Philippines has been very rampant, where almost all sectors
of the society has been afflicted with the drug dilemma particularly the use
of Cannabis or Marijuana which is quite accessible due the fact that it is
quite is easy to cultivate and is relatively cheap compared to other drugs.
And the efforts made by the government to combat drug related crimes has
been bloody and dehumanizing where countless lives has been shed in an
effort to curtail its spread.
The legalization of Marijuana here in the Philippines will greatly curb
the rate of drug prevalence here in the country, provided that there must
adequate medical support and treatment offered to drug addicts and
dependents which is sorely lacking here in the Philippines. As it can be seen
by the progress made by our authorities, ending drugs through brute force is
proven to be ineffective and even the punishment that are being mete out is
gravely afflictive , wherein these persons are considered outcasts in our
society, limiting their chances to be reformed and become productive
members of our society.