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le think tank Transform parle de la regulation des psychedeliques

Bonjour, la regulation des psychedeliques, notamment au vu de leur utilisation medicale est ici examine en detail. J'ai mis l'un des chapitres, sur la decriminalisation des usagers.(c'est une citation mais si je le mets en citation la mise en page est perdue) Amicalement

https://www.grea.ch/publications/un-gui … en-anglais

https://transformdrugs.org/publications … ychedelics

Decriminalisation: a foundational principle for all drug reform

Ending the criminalisation of people who use drugs (a more useful description than
“decriminalising drugs” which is often confused with legalisation) is both important
in its own right — addressing an unjust, harmful, stigmatising and discriminatory
law — as well as being a vital pre-condition for a meaningful public health and rights-
based response to drugs.
The 2019 Common Position Statement from the United Nations Chief Executives
Board (CEB), chaired by the UN Secretary General and representing all 31 UN
agencies, including the World Health Organization (WHO) and UN Office on
Drugs and Crime (UNODC), has expressed strong and unanimous support for the
decriminalisation of possession and use of drugs. The statement calls on member
states to “promote alternatives to conviction and punishment in appropriate cases,
including the decriminalisation of drug possession for personal use”.133
Decriminalisation, though not a formally defined term, here refers to the removal of
criminal penalties for certain activities related to drug use. This is usually possession
of small amounts of a drug for personal use, but sometimes also includes minor
supply or cultivation offences.
While multiple jurisdictions around the world have adopted some form of
decriminalisation for some or all drugs, there is considerable variation in the scope
and implementation of the policies.134 How possession for personal use and supply is
distinguished varies widely between jurisdictions.135 In some legal systems criminal
penalties are replaced by civil sanctions (such as fines or mandatory treatment
assessments), while in other systems no penalties are applied, although, with few
exceptions, drugs are routinely confiscated. There is also an important distinction
between de facto decriminalisation, where drug-related activity remains a criminal
offence but the law is not enforced in practice, and de jure decriminalisation, where
decriminalisation is formally established in a legal framework through statute or
constitutional court decisions.

Recommended decriminalisation model

• Should be de jure — possession for personal use should no longer be an offence of
any kind or be subject to any sanctions, this includes no fines or fees, no finding
of child neglect or denial of custody or loss of parenting time; no revocation
of probation, parole, or other supervised release; no denial of medical care,
public benefits, housing, employment, education, or access to personal finance/
credit.136
• Drugs for personal use should not be confiscated.
• Should avoid fixed or binding thresholds (to distinguish between possession
for personal use and supply) that trigger automatic penalties or assumption of
guilt. A system of guideline thresholds with additional guidance on aggravation/
mitigation that includes a presumption of innocence (regarding possession with
intent to supply) below a certain quantity, but allows a degree of flexibility for
police/prosecutors/courts above it, is a better approach. Any thresholds, even
guidelines, should be set high enough to minimise risks of people in possession
for personal use being found guilty of intent to supply. Threshold systems or
related guidelines should be easy to understand for both individual users and
enforcement authorities (see above).137
• Should include decriminalisation of cultivation of small amounts of plant-based
drugs, for example Psilocybe mushrooms or San Pedro cactus, for personal use
within the definition of possession for personal use in relation to any guideline
thresholds (similar provisions have already been made for cannabis in multiple
jurisdictions)
• Should include decriminalisation of small scale, non-transactional or not-for-
profit supply among friends or peers.138
• Should include automatic and permanent deletion of all criminal records or
convictions (also known as expungement) relating to historic offences no longer
deemed to be offences, and automatic resentencing provisions for those who
remain imprisoned under the former offences.

Dernière modification par prescripteur (08 décembre 2023 à  17:30)