[GA - PASSED] Drug Decriminalization Act

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Greater Cesnica

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Drug Decriminalization Act
Category: Civil Rights | Strength: Significant
Proposed by: Greater Cesnica, Co-authored by: Honeydewistania | Onsite Topic


The General Assembly,

Understanding that punitive efforts against recreational drug use have failed,

Aware that the decriminalization of recreational drug possession and targeted rehabilitation and social programs have been demonstrated to decrease the negative societal effects associated with substance abuse,

Noting that recreational drug possession charges are a favored tool of legal authorities and governments seeking to marginalize or suppress minorities and political opposition to their governments,

Further noting that nations with rampant corruption within law enforcement authorities are often empowered by the continued criminalization of recreational drug possession to commit violence and other indignities against even non-marginalized demographics,

Unconvinced that the criminalization of individuals in possession of recreational drugs deters recidivism or recreational drug use,

Concluding that the criminalization of recreational drug possession and its resulting consequences for both those truly in possession of such drugs and those falsely accused represents both a grave injustice towards human dignity and a waste of a nation's expenditure,

Hereby:
  1. Defines for the purposes of this resolution;
    • "drug" as a chemical substance which induces psychoactive effects after being consumed, where such a substance is not already considered legal for recreational consumption or a substance used for recognized medical purposes or otherwise as part of recognized sacramental purposes,
    • "simple drug possession" as the possession of drugs by an individual where such possession is not for the purposes of:
      • monetary or other forms of material gain or
      • providing drugs to an individual without their consent or otherwise with malicious intent,
    • "illicit drug possession" as any possession of drugs outside the parameters established in Articles 1(a) and 1(b),
    • "drug trafficking" as the illicit smuggling and/or distribution of drugs for monetary or other forms of material gain, and
    • "drug manufacturing" as the illicit production of drugs for monetary or other forms of material gain.
  2. Reaffirms the right of member states to set internal policy regarding drug trafficking, drug manufacturing, illicit drug possession, and the legal distribution and production of drugs, subject to past or future World Assembly resolutions.
  3. Requires that member states, within the bounds of any past World Assembly resolutions;
    • decriminalize the act of simple drug possession and
    • initiate a review process to re-evaluate the cases of those imprisoned and/or convicted of the act of simple drug possession in order to determine release and/or pardon eligibility given the following considerations:
      • the time served for the offense(s),
      • any separate offenses committed in addition to the act of simple drug possession,
      • the suitability for re-entry into societal participation,
      • the likelihood of recidivism in regards to other criminal activities, and
      • the positive benefits of receiving a full pardon for the act of simple drug possession.
  4. Strongly urges member states to offer full, unconditional releases and/or pardons for those convicted solely for the act of simple drug possession.
Co-authored by Honeydewistania.
Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!


ForAgainstAbstainPresent
111113
"Drug Decriminalization Act" has passed 9,759 votes (65.9%) to 5,052 (34.1%).
 
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IFV

Overview
This resolution seeks to decriminalize the personal possession of drugs. The authors not only do so but also require nations to re-evaluate the prison sentences of those currently serving time for possession. They conclude by urging member states to release or pardon those citizens which are currently in prison for the crime of personal possession.

Recommendation
We strongly agree with the intent of this resolution. While we understand the negative aspects of drugs and how negative their use can be both on social relationships and on sapient beings, we find that simple possession is simply a waste of resources that could be going to combat more injurious activities. While we agree with the criticism levied that World Assembly member states would be better served if the decriminalization of drugs was swiftly followed by a plan to help treat addicts, we cannot let that stand in the way of righting this wrong, even if we believe fully that it would be a massive benefit for the community. For the above reasons, the Ministry of World Assembly Affairs recommends a vote For the General Assembly Resolution at vote, "Drug Decriminalization Act".
 
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This proposal has achieved the necessary approvals to enter the formal queue. Barring it being withdrawn or marked illegal it will proceed to a vote at the Major Update on September 23.
 
I'm frankly confused as to why this was rushed to submission. The point which Abacathea raised, as to treating all drugs equally, regardless of whether they are dangerous or not, is a good one. The wording of the proposal's definition "simple drug possession" with "malicious intent" doesn't make any sense. Intent to do what? When the word "malicious" is used in law, it literally means "intent" or "recklessness". If we take "malicious intent" to really mean "intent to harm", which I think was what was intended, nothing stops member nations just creating rebuttable presumptions that possession of some drug is with intent to harm the self or others. Similarly, member nations could create rebuttable presumptions of intent to distribute with tiny quantities (the most famous example being Singapore's Misuse of Drugs Act). Both massively reduce the efficacy of the proposal in seeking its goals. A tighter wording is sorely needed.

Moreover, the sine qua non relationship between decriminalisation and effective substance abuse treatment programmes also goes entirely unremarked on. Decriminalisation without treatment just brings all the actual harms that drugs cause: violent crime, assault, robberies for money, property theft, destruction, hospital bills, deaths, etc. Treatment without decriminalisation doesn't work at all. The two must go together. Someone said in the GA forum that they could go in separate resolutions, which is missing the point: the two must go together for them to work, separating them and opening the possibility of one being enacted without the other opens member nations to the risk a worse outcome than doing nothing. And this could have been avoided at little if any cost to the author. It doesn't help that there is no public draft or indication of any such supplement. See also this post.
 
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In principle I like it, but Against on the same grounds as IA
 
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