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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voboril.jindrich@vlada.cz

www.vlada.cz

www.drogy-info.cz

Thanks

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Coordination of the Czech Drug Policy