Showing posts with label regulate. Show all posts
Showing posts with label regulate. Show all posts

Friday, 17 December 2010

'Legalise and regulate drugs' says UK's former drugs and defence Minister



Bob Ainsworth MP, former Home Office drugs minister and Secretary of State for Defence, will call for the legalisation and regulation of drugs during a Parliamentary debate he is leading in Westminster Hall, at 2.30pm, Thurs 16th December 2010.

Mr Ainsworth said;

“I have just been reading the Coalition Government’s new Drugs Strategy. It is described by the Home Secretary as fundamentally different to what has gone before; it is not. To the extent that it is different, it is potentially harmful because it retreats from the principle of harm reduction, which has been one of the main reasons for the reduction in acquisitive crime in recent years.

However, prohibition has failed to protect us. Leaving the drugs market in the hands of criminals causes huge and unnecessary harms to individuals, communities and entire countries, with the poor the hardest hit. We spend billions of pounds without preventing the wide availability of drugs. It is time to replace our failed war on drugs with a strict system of legal regulation, to make the world a safer, healthier place, especially for our children. We must take the trade away from organised criminals and hand it to the control of doctors and pharmacists.

As drugs minister in the Home Office I saw how prohibition fails to reduce the harm that drugs cause in the UK, fuelling burglaries, gifting the trade to gangsters and increasing HIV infections. My experience as Defence Secretary, with specific responsibilities in Afghanistan, showed to me that the war on drugs creates the very conditions that perpetuate the illegal trade, while undermining international development and security.

My departure from the front benches gives me the freedom to express my long held view that, whilst it was put in place with the best of intentions, the war on drugs has been nothing short of a disaster.

Politicians and the media need to engage in a genuine and grown up debate about alternatives to prohibition, so that we can build a consensus based on delivering the best outcomes for our children and communities. I call on those on all sides of the debate to support an independent, evidence-based review, exploring all policy options, including: further resourcing the war on drugs, decriminalising the possession of drugs, and legally regulating their production and supply.

One way to do this would be an Impact Assessment of the Misuse of Drugs Act in line with the 2002 Home Affairs Select Committee finding – which included David Cameron – for the government to explore alternatives to prohibition, including legal regulation.

The re-legalisation of alcohol in the US after thirteen years of Prohibition was not surrender. It was a pragmatic move based on the government’s need to retake control of the illegal trade from violent gangsters. After 50 years of global drug prohibition it is time for governments throughout the world to repeat this shift with currently illegal drugs.”
Peter Lilley MP, former Conservative Party Deputy Leader said
“The current approach to drugs has been an expensive failure, and for the sake of everyone, and the young in particular, it is time for all politicians to stop using the issue as a political football. I have long advocated breaking the link between soft and hard drugs – by legalising cannabis while continuing to prohibit hard drugs. But I support Bob Ainsworth’s sensible call for a proper, evidence based review, comparing the pros and cons of the current prohibitionist approach with all the alternatives, including wider decriminalisation, and legal regulation.”
Tom Brake MP, Co-Chair, Liberal Democrat Backbench Committee on Home Affairs, Justice and Equalities said;
“Liberal Democrats have long called for a science-based approach to our drugs problem. So it is without hesitation that I support Bob Ainsworth’s appeal to end party political point-scoring, and explore sensitively all the options, through an Impact Assessment of the Misuse of Drugs Act.”
Labour’s Paul Flynn MP said;
"This could be a turning point in the failing UK 'war on drugs.' Bob Ainsworth is the persuasive, respected voice of the many whose views have been silenced by the demands of ministerial office. Every open rational debate concludes that the UK's harsh drugs prohibition has delivered the worst outcomes in Europe - deaths, drug crime and billions of pounds wasted."
ENDS

Contact:

Neil Smith, Office of Bob Ainsworth MP SMITHN(at)parliament.uk
Martin Powell, TDPF head of campaigns martin(at)tdpf.org.uk
Steve Rolles, TDPF Senior Policy Analyst steve(at)tdpf.org.uk
Transform Office 0117 941 5810

Notes for Editors:

Bob Ainsworth MP has represented Coventry North since 1992 and has held a number of shadow and ministerial positions including: Home Office - Parliamentary secretary, with responsibility for drugs (Jun 2001 - Jun 2003)
Deputy Chief Whip (June 2003 – June 2007)
Minister for the Armed Forces (June 2007 – May 2009)
Secretary of State for Defence (June 2009 – May 2010)
Shadow Secretary of State for Defence (May 2010 – October 2010)

Bob Ainsworth's Blog Biography and Guardian profile
For more information on calls for an Impact Assessment of our approach to drugs see: Transform / IDPC briefing: 'Time for an impact assessment of drug policy' .
David Cameron on drug law reform : Tory contender calls for more liberal drug laws(Independent 2005)

As a member of the Home Affairs Select Committee inquiry into drug misuse in 2002 David Cameron voted in favour of recommendation 24: “We recommend that the Government initiates a discussion within the Commission on Narcotic Drugs of alternative ways—including the possibility of legalisation and regulation—to tackle the global drugs dilemma (paragraph 267).” The Liberal Democrat party policy recognises “The failure of prohibition”, supports decriminalisation of drugs, and calls for an audit comparing the current approach with the alternatives. Lib Dem drug policy paper. Lib Dem manifesto

There is a long history of those involved in developing or delivering drug policy supporting reform once out of office. See Transform's 'supporters of reform' archive which includes: - Former drugs Minister Mo Mowlam: 'Fight terror: legalise the drugs trade' (Guardian 2002)

- Julian Critchley, former Director of the UK Anti-Drug Coordinating Unit: 'All the experts admit that we should legalise drugs' (Independent 2008)

The difference between decriminalisation and legalisation:Decriminalisation is the removal of criminal sanctions for the production, supply or use of an illegal drug. Civil or administrative sanctions, such as a fine or requirement to enter treatment, may remain, even if criminal sanctions (resulting in prosecution and a criminal record) are removed. In popular usage, the term 'decriminalisation' usually refers to the removal of criminal sanctions for possession of drugs for personal use, while sanctions often remain for the production or supply of drugs.

Legalisation and regulation - ‘legalisation’ is a process - moving away from absolute prohibition - and does not specify what legal framework to regulate production, supply and use of drugs replaces it. ‘Legalisation and regulation’ is not the free for all some have envisaged, and is not a free market model as espoused by some libertarians. Instead it involves controls on producers, products, vendors and consumers. For example models of strict legal regulation see Transform's 2009 publication: “After the War on Drugs: Blueprint for Regulation”

Monday, 6 December 2010

67 US law professors back California's prop 19 tax and regulate cannabis measure

The following statement and list of signatories is copied from the Yeson19.com website :

To the Voters of California:

As law professors at many law schools who focus on various areas of legal scholarship, we write this open letter to encourage a wholesale rethinking of marijuana policy in this country, and to endorse the Tax and Control Cannabis 2010 initiative—Proposition 19—that will be voted on in November in California.

For decades, our country has pursued a wasteful and ineffective policy of marijuana prohibition. As with alcohol prohibition, this approach has failed to control marijuana, and left its trade in the hands of an unregulated and increasingly violent black market. At the same time, marijuana prohibition has clogged California’s courts alone with tens of thousands of non-violent marijuana offenders each year. Yet marijuana remains as available as ever, with teens reporting that it is easier for them to buy than alcohol across the country.

Proposition 19 would remove criminal penalties for private use and cultivation of small amounts of marijuana by adults and allow California localities to adopt—if they choose—measures to regulate commerce in marijuana. Passage of Proposition 19 would be an important next step toward adopting an approach more grounded in reason, for California and beyond.

Our communities would be better served if the criminal justice resources we currently spend to investigate, arrest, and prosecute people for marijuana offenses each year were redirected toward addressing unsolved violent crimes. In short, the present policy is causing more harm than good, and is eroding respect for the law.

Moreover, we are deeply troubled by the consistent and dramatic reports of disproportionate enforcement of marijuana laws against young people of color. Marijuana laws were forged in racism, and have been demonstrated to be inconsistently and unfairly applied since their inception. These are independent reasons for their repeal.

Especially in the current economic climate, we must evaluate the efficacy of expensive government programs and make responsible decisions about the use of state resources. We find the present policies toward marijuana to be bankrupt, and urge their rethinking.

This country has an example of a path from prohibition. Alcohol is subject to a regulatory framework that is far safer in every respect than the days of Al Capone. Just like the State of New York did when it rolled back Prohibition 10 years before the nation as a whole, California should show leadership and restore respect for the law by enacting the Tax and Control Cannabis 2010 initiative this November.

Click here to sign and endorse!
Sincerely,

Jonathan H. Adler
Case Western Reserve University School of Law, Cleveland, Ohio

Ty Alper
University of California, Berkeley, School of Law, Berkeley, CA

Hadar Aviram
University of California, Hastings College of the Law, San Francisco, CA

W. David Ball
Santa Clara Law, Santa Clara, CA

Randy Barnett
Georgetown University Law Center, Washington, DC

Tom W. Bell
Chapman Law School, Orange, CA

Steve Berenson
Thomas Jefferson School of Law, San Diego, CA

Eric Berger
University of Nebraska, College of Law, Lincoln, NE

Douglas A. Berman
Moritz College of Law, Ohio State University, Columbus, OH

David E. Bernstein
George Mason University School of Law, Arlington, VA

Ash Bhagwat
University of California, Hastings College of the Law, San Francisco, CA

Richard Boldt
University of Maryland School of Law, Baltimore, MD

Sande Buhai
Loyola University School of Law, Los Angeles, CA

Paul Butler
George Washington University Law School, Washington, DC

Erwin Chemerinsky
University of California, Irvine, CA

Gabriel J. Chin
University of Arizona James E. Rogers College of Law, Tucson, AZ

Marjorie Cohn
Thomas Jefferson School of Law, San Diego, CA

Mary Culbert
Loyola University School of Law, Los Angeles, CA

Angela J. Davis
Washington College of Law, American University, Washington, DC

Alan M. Dershowitz
Harvard Law School, Cambridge, MA

Steven Duke
Yale Law School, New Haven, CT

Elizabeth Price Foley
Florida International University College of Law, Miami, FL

David Friedman
Santa Clara Law, Santa Clara, CA

Mary Ellen Gale
Whittier Law School, Costa Mesa, CA

Pratheepan Gulasekaram
Santa Clara Law, Santa Clara, CA

Bill Ong Hing
University of San Francisco School of Law, San Francisco, CA

Paige Kaneb
Santa Clara Law, Santa Clara, CA

Madeline June Kass
Thomas Jefferson School of Law, San Diego, CA

Alice Kaswan
University of San Francisco School of Law, San Francisco, CA

Alex Kreit
Thomas Jefferson School of Law, San Diego, CA

Ellen Kreitzberg
Santa Clara Law, Santa Clara, CA

David Levine
University of California, Hastings College of the Law, San Francisco, CA

Jerry Lopez
UCLA School of Law, Los Angeles, CA

Elizabeth Loftus
University of California, Irvine, CA

Erik Luna
Washington and Lee University School of Law, Lexington, VA

Michael Madow
Brooklyn Law School, Brooklyn, NY

Leigh Maddox
University of Maryland, School of Law, Baltimore, MD

Charles Marvin
Georgia State University College of Law, Atlanta, GA

Lawrence C. Marshall
Stanford Law School, Stanford, CA

David N. Mayer
Capital University Law School, Columbus, OH

Tracy L. McGaugh
Touro Law Center, Central Islip, NY

Andrew P. Morriss
University of Alabama, School of Law, Tuscaloosa, AL

Michelle Oberman
Santa Clara Law, Santa Clara, CA

Tamara R. Piety
University of Tulsa College of Law, Tulsa, OK

Ascanio Piomelli
University of California, Hastings College of the Law, San Francisco, CA

David G. Post
Beasley School of Law, Temple University, Philadelphia, PA

Jenny Roberts
Washington College of Law, American University, Washington, DC

Cesare Romano
Loyola University School of Law, Los Angeles, CA

Margaret Russell
Santa Clara Law, Santa Clara, CA

Barry C. Scheck
Benjamin N. Cardozo School of Law, New York, NY

Steven Semeraro
Thomas Jefferson School of Law, San Diego, CA

Steven Shatz
University of San Francisco School of Law, San Francisco, CA

Jonathan Simon
University of California, Berkeley, School of Law, Berkeley, CA

Eric S. Sirulnik
George Washington University Law School, Washington, DC

David Sloss
Santa Clara Law, Santa Clara, CA

Abbe Smith
Georgetown University Law Center, Washington, DC

Ilya Somin
George Mason University School of Law, Arlington, VA

Clyde Spillenger
UCLA School of Law, Los Angeles, CA

Edward Steinman
Santa Clara Law, Santa Clara, CA

Mark Strasser
Capital University Law School, Columbus, OH

Robert N. Strassfeld
Case Western Reserve University School of Law, Cleveland, Ohio

Nadine Strossen
New York Law School, New York, NY

Gerald F. Uelmen
Santa Clara Law, Santa Clara, CA

Alexander Volokh
Emory Law School, Atlanta, GA

Keith Wingate
University of California, Hastings College of the Law, San Francisco, CA

Eric Wright
Santa Clara Law, Santa Clara, CA

Richard W. Wright
Illinois Institute of Technology
Kent College of Law, Chicago, IL