T
The420Guy
Guest
Cannabis between toleration and legalisation
Eupen. The government of our country is currently dealing with an
ethically extremely delicate subject, the possible decontrol of
soft drugs. The debate centres on a daft, which Minister of Health
Magda Aelvoet (Agalev [the Dutch-speaking Greens]) authored on the
future drugs policy of Belgium.
The prohibition of drug use, possession and sale anchored in the
law dating back to 1921 has in the course of the social
development of the last decades lead to a dead end. By now the
government has recognized that the memorandum with guidelines to
the courts by then Minister of Justice Stefaan De Clerck regarding
the prosecution of drug consumers has barely improved the
situation. [This 1998 memorandum assigned cases involving small
quantities of cannabis low priority.]
It is a fact that in the age of AIDS the users of illegal drugs
are pushed to the margins of society, that heroin dependents who
inject with contaminated syringes take a fatal risk. The law of
supply and demand is not regulated (including consumer protection
regarding the quality of the purchased product) and it favours
organised crime. The police is not finding any effective means
against drug dealing gangs. Many youths who have lost support in
society see themselves forced into aggression and prostitution to
finance drug use. This is also one of the reasons for growing
crime in our cities. The strict prohibition and the associated
demonization of the products prevent clear and credible prevention
messages, because it is only a part of tokers who lose control and
turn into "problematic consumers".
Sure, international treaties, which Belgium has ratified, leave
political decision makers only narrow scope for action. But by
facing the debate on drugs policy, the government has gripped a
taboo - as have the Netherlands, Germany, Italy, Switzerland,
Spain and Portugal before it. In these countries the stage of
toleration of so called soft drugs has already been passed.
Despite the government not having decided on new regulations yet -
this will not happen before mid-January - it is already remarkable
that in future the drugs policy in Belgium will no longer be in
the domain of the Minister of Justice. Instead the Minister of
Health will be responsible.
Normally the federal government, according to the schedule, should
have passed a draft law about the legalisation of drugs last
Wednesday, but the core cabinet (prime minister and deputy prime
minister) could not yet come to an agreement the previous evening.
For one, Deputy Prime Minister Louis Michel (PRL [Liberal Party])
had clearly indicated that no decision would be made before
January 13. On that day the permanent comittee of the francophone
Liberals will deal with (amongst others) this subject.
In addition, there is still disagreement amongst the government
whether use of soft drugs should only be tolerated or legalised.
Indeed two different ways to proceed are being discussed. The
first, more careful one, will change nothing about the 1921 law.
Accordingly the possession of drugs would remain illegal. At the
same time a certain tolerance would be exercised. To put it
clearly: Anyone caught with up to five grammes of cannabis
(hashisch and marijuana) and/or five female cannabis plants would
not be issued a penalty by the police. The female plants, unlike
the males, contain the toxic ingredient THC. A single plant
suffices to produce 400 grammes of marijuana (almost 2000 joints).
The De Clerck memorandum would become void, the procedures of
individual prosecuturs would be harmonized. Only problematic use
would be penalised.
In particular Ecolo [the francophone Greens] and the Socialists
want to go one step further: They support removing possession and
use of cannabis (under the same quantitative conditions as in the
first scenario) from legislation. Cultivation, sale and
distribution should be controlled by the state. The sale should
occur, as in the Dutch example, in so called "cannashops".
This second proposition meets resistance primarily from Minister
of Justice Marc Verwilghen, who views it as conflicting with a
treaty in the framework of the Schengen Treaty [of European
Integration].
The question of how possession and use of soft drugs is to be
prosecuted forms the real crunch in the government level debate.
This is although this problem barely covers 8 out of 76 pages of
the draft. It appears there is largely agreement on the rest.
Accordingly the future drugs policy under the "protectorate" of
the Ministry of Health is to rest on three pillars: Prevention of
occasional users and samplers as well as non-users; advice and
help for problematic users; repression against producers and
dealers. The draft contains suggestions in the area of prevention:
Amongst others, setting up up a drugs monitoring office and help
for drug addicts.
Newshawk: www.cannabislegal.de
Pubdate: Sat, 09 Dec 2000
Source: Grenzecho (Belgium)
Contact: info@grenzecho.be
Copyright: © 2000 Grenzecho
Website: GrenzEcho.net - Ostbelgien grenzenlos
Notes: translated by cannabislegal.de from German text at
https://www.grenzecho.be/AktuelleAusgabe/Grenz-Echo/420-001-101309-
regierung.html
Eupen. The government of our country is currently dealing with an
ethically extremely delicate subject, the possible decontrol of
soft drugs. The debate centres on a daft, which Minister of Health
Magda Aelvoet (Agalev [the Dutch-speaking Greens]) authored on the
future drugs policy of Belgium.
The prohibition of drug use, possession and sale anchored in the
law dating back to 1921 has in the course of the social
development of the last decades lead to a dead end. By now the
government has recognized that the memorandum with guidelines to
the courts by then Minister of Justice Stefaan De Clerck regarding
the prosecution of drug consumers has barely improved the
situation. [This 1998 memorandum assigned cases involving small
quantities of cannabis low priority.]
It is a fact that in the age of AIDS the users of illegal drugs
are pushed to the margins of society, that heroin dependents who
inject with contaminated syringes take a fatal risk. The law of
supply and demand is not regulated (including consumer protection
regarding the quality of the purchased product) and it favours
organised crime. The police is not finding any effective means
against drug dealing gangs. Many youths who have lost support in
society see themselves forced into aggression and prostitution to
finance drug use. This is also one of the reasons for growing
crime in our cities. The strict prohibition and the associated
demonization of the products prevent clear and credible prevention
messages, because it is only a part of tokers who lose control and
turn into "problematic consumers".
Sure, international treaties, which Belgium has ratified, leave
political decision makers only narrow scope for action. But by
facing the debate on drugs policy, the government has gripped a
taboo - as have the Netherlands, Germany, Italy, Switzerland,
Spain and Portugal before it. In these countries the stage of
toleration of so called soft drugs has already been passed.
Despite the government not having decided on new regulations yet -
this will not happen before mid-January - it is already remarkable
that in future the drugs policy in Belgium will no longer be in
the domain of the Minister of Justice. Instead the Minister of
Health will be responsible.
Normally the federal government, according to the schedule, should
have passed a draft law about the legalisation of drugs last
Wednesday, but the core cabinet (prime minister and deputy prime
minister) could not yet come to an agreement the previous evening.
For one, Deputy Prime Minister Louis Michel (PRL [Liberal Party])
had clearly indicated that no decision would be made before
January 13. On that day the permanent comittee of the francophone
Liberals will deal with (amongst others) this subject.
In addition, there is still disagreement amongst the government
whether use of soft drugs should only be tolerated or legalised.
Indeed two different ways to proceed are being discussed. The
first, more careful one, will change nothing about the 1921 law.
Accordingly the possession of drugs would remain illegal. At the
same time a certain tolerance would be exercised. To put it
clearly: Anyone caught with up to five grammes of cannabis
(hashisch and marijuana) and/or five female cannabis plants would
not be issued a penalty by the police. The female plants, unlike
the males, contain the toxic ingredient THC. A single plant
suffices to produce 400 grammes of marijuana (almost 2000 joints).
The De Clerck memorandum would become void, the procedures of
individual prosecuturs would be harmonized. Only problematic use
would be penalised.
In particular Ecolo [the francophone Greens] and the Socialists
want to go one step further: They support removing possession and
use of cannabis (under the same quantitative conditions as in the
first scenario) from legislation. Cultivation, sale and
distribution should be controlled by the state. The sale should
occur, as in the Dutch example, in so called "cannashops".
This second proposition meets resistance primarily from Minister
of Justice Marc Verwilghen, who views it as conflicting with a
treaty in the framework of the Schengen Treaty [of European
Integration].
The question of how possession and use of soft drugs is to be
prosecuted forms the real crunch in the government level debate.
This is although this problem barely covers 8 out of 76 pages of
the draft. It appears there is largely agreement on the rest.
Accordingly the future drugs policy under the "protectorate" of
the Ministry of Health is to rest on three pillars: Prevention of
occasional users and samplers as well as non-users; advice and
help for problematic users; repression against producers and
dealers. The draft contains suggestions in the area of prevention:
Amongst others, setting up up a drugs monitoring office and help
for drug addicts.
Newshawk: www.cannabislegal.de
Pubdate: Sat, 09 Dec 2000
Source: Grenzecho (Belgium)
Contact: info@grenzecho.be
Copyright: © 2000 Grenzecho
Website: GrenzEcho.net - Ostbelgien grenzenlos
Notes: translated by cannabislegal.de from German text at
https://www.grenzecho.be/AktuelleAusgabe/Grenz-Echo/420-001-101309-
regierung.html