Post by Asairia on Apr 9, 2019 16:14:10 GMT
WORLD ASSEMBLY GENERAL ASSEMBLY
DRUG ABUSE AMELIORATION ACT
DELEGATE IS VOTING: AGAINST ☒
FINAL RESULTS:
3,992 IN FAVOR
12,573 AGAINST
Overview
The Drug Abuse Amelioration Act is a proposal designed to, "Improve the situation for drug addicts through effective social policies."
About the Proposal
Author Maowi of South Pacific and co-author Holly United of the same have proposed the following legislation:
Aware of the addictive nature of most recreational drugs;
Cognizant that the use or possession of recreational drugs is banned in many member nations;
Believing that criminalizing the use or possession of recreational drugs does little to help those who are addicted to said drugs; and
Eager to improve the situation for drug addicts through effective social policies;
The World Assembly:
1. Defines, for the purposes of this resolution:
A. 'recreational drugs' as substances taken recreationally for their physical or psychoactive effects;
B. 'rehabilitation' as the elimination of a person's physical or psychological dependence on recreational drugs based on scientific methods, and harming or distressing the person only as much as is necessary for the treatment. Rehabilitation may take place within a secure environment provided that this aids the treatment in some way;
2. Reserves to all member nations the right to decide which recreational drugs to ban and which to legalise;
3. A. Mandates that member nations in which the use of recreational drugs is illegal may not punish or give a criminal record to a person for using or possessing with the sole intent of using recreational drugs the first time they are caught, although the illegal drugs may be confiscated from the user; instead, an addicted user must be provided with rehabilitation;
B. Encourages member nations to mandate the return to rehabilitation by a former user of drugs if, after a period of time wherein the immediate effects of withdrawal have passed and normal life has been mostly resumed, restarting of recreational drug use begins;
4. Clarifies that:
A. light fines may be given to those found using recreational drugs in member nations in which the possession and use of recreational drugs is illegal, not exceeding the fines given for a civil offence, the first time they are caught;
B. member nations may keep records on the identities of those found, for the first time, illegally possessing or using recreational drugs, not to be disclosed to any non-government individual and to be used solely to check whether a person illegally possessing or using recreational drugs is doing so for the first time;
C. member nations may punish people for crimes, other than the possession and use of recreational drugs, committed strictly as a result of their use of recreational drugs;
D. member nations may punish people trying to make other people take recreational drugs without both their knowledge and consent;
5. A. Orders people, groups and organisations legally selling recreational drugs to clearly state the ingredients of their products on the packaging of said products, in the principal language(s) spoken by people in the place of sale. The list of ingredients must be easily legible to the naked eye;
B. Clarifies that in the case in which recreational drugs are being sold without packaging, the entity selling the drugs must communicate the ingredients of the drugs to the buyer upon being asked, and must provide an accessible method for the buyer to enquire about the ingredients.
Cognizant that the use or possession of recreational drugs is banned in many member nations;
Believing that criminalizing the use or possession of recreational drugs does little to help those who are addicted to said drugs; and
Eager to improve the situation for drug addicts through effective social policies;
The World Assembly:
1. Defines, for the purposes of this resolution:
A. 'recreational drugs' as substances taken recreationally for their physical or psychoactive effects;
B. 'rehabilitation' as the elimination of a person's physical or psychological dependence on recreational drugs based on scientific methods, and harming or distressing the person only as much as is necessary for the treatment. Rehabilitation may take place within a secure environment provided that this aids the treatment in some way;
2. Reserves to all member nations the right to decide which recreational drugs to ban and which to legalise;
3. A. Mandates that member nations in which the use of recreational drugs is illegal may not punish or give a criminal record to a person for using or possessing with the sole intent of using recreational drugs the first time they are caught, although the illegal drugs may be confiscated from the user; instead, an addicted user must be provided with rehabilitation;
B. Encourages member nations to mandate the return to rehabilitation by a former user of drugs if, after a period of time wherein the immediate effects of withdrawal have passed and normal life has been mostly resumed, restarting of recreational drug use begins;
4. Clarifies that:
A. light fines may be given to those found using recreational drugs in member nations in which the possession and use of recreational drugs is illegal, not exceeding the fines given for a civil offence, the first time they are caught;
B. member nations may keep records on the identities of those found, for the first time, illegally possessing or using recreational drugs, not to be disclosed to any non-government individual and to be used solely to check whether a person illegally possessing or using recreational drugs is doing so for the first time;
C. member nations may punish people for crimes, other than the possession and use of recreational drugs, committed strictly as a result of their use of recreational drugs;
D. member nations may punish people trying to make other people take recreational drugs without both their knowledge and consent;
5. A. Orders people, groups and organisations legally selling recreational drugs to clearly state the ingredients of their products on the packaging of said products, in the principal language(s) spoken by people in the place of sale. The list of ingredients must be easily legible to the naked eye;
B. Clarifies that in the case in which recreational drugs are being sold without packaging, the entity selling the drugs must communicate the ingredients of the drugs to the buyer upon being asked, and must provide an accessible method for the buyer to enquire about the ingredients.
My Decision
While I commend the author for attempting to improve a system that is often flawed in most countries, I do not believe this proposal is the right solution.
My first issue is the fact that this proposal mandates rehabilitation for those addicted to recreational drugs but provides no definition or specification detailing what qualifies as an addiction. Clause 3(A) mandates that first offense users cannot be punished outside of a 'light fine and confiscation of the illegal drug(s)' but also states that the addicted shall 'instead ... be provided with rehabilitation'. This provides uncertainty as to whether or not first time offenders are automatically considered addicts regardless of the amount of a substance they are found with. This can present an unfair situation for those who truly aren't addicted (multiple people are stating it is very hard to become addicted to drugs; however, since I have no experience on the matter, I will not agree or disagree at this point in time).
Another issue raised by others is that the definition of 'recreational drugs' is rather vague. They argue that all drugs, including over-the-counter pharmaceuticals, are taken for 'physical or psychoactive effects'. The key term of the definition, 'recreational use', is the only clear point of reference we have. Since 'recreational' is defined as, "Relating to or denoting drugs taken on an occasional basis for enjoyment, especially when socializing," drugs such as antihistamines may qualify since they are taken to physically relieve congestive distress and to improve your enjoyment of life by being able to breathe clearly. I, for example, take them rather frequently due to allergies; however, I only take them when I am going out to socialize with others. Under the definition provided, I would qualify as a drug addict and be subject to forced rehabilitation and light fines. While such an argument may sound far fetched since antihistamines are not illegal, it does qualify as a valid one under the proposed definition of recreational drugs. Normally, I would disregard this argument since other parts of the resolution only reference illegal recreational drug use; however, the proposed definition of 'rehabilitation' isn't restricted to illegal drugs but rather all recreational drugs that cause dependence. Once more, I am considered dependent on antihistamines; while I could probably get by without them, I'd rather not give up their use because it makes me physically feel better, and when I physically feel better, I psychologically feel better. I am sure recreational users share this line of thought.
The final issue I see is this creates a loophole for harmful distributors to avoid punishment. Since this proposal doesn't specify quantity amounts differentiating users from dealers, I'm concerned that illegal dealers and cartels will become emboldened as the only punishments they and their carriers will receive are light fines and forced rehabilitation. Though the author insists (response 1; response 2) that, "Only addicted users must be provided with rehabilitation, and drug dealers and cartels do not get off free for possession or sale," a provision to this extent is absent from the proposal and therefore cannot possibly be true or acted upon. In fact, the only reference to the sale or distribution of drugs involves legally selling drugs both with and without packaging (which, in my opinion, renders the legal packaging clause pointless due to a clause permitting no packaging so long as the ingredients are accessibly communicated).
Recreational drug use laws need revision; however, this proposal is not the best solution to the problems we face. There has to be a balance between helping those addicted to drugs without ruining their lives, cracking down on those selling and distributing drugs at the expense of others, and permitting the freedom of use of less harmful substances.
I have cast my vote against this resolution, but I acknowledge the fact that the regional vote is overwhelmingly in favor. As such, I would like to clarify that I am not opposed to the underlying principles offered by this proposal, merely the method by which they are being carried out. Should a proposal be introduced that addresses the following, I will more than likely be supportive of it:
- Clearly and effectively defines recreational drugs to not unintentionally include over-the-counter drugs
- Shortens the time of incarceration for convicted users
- Clears the records of those convicted as users (but not of any serious crimes they committed while under the influence)
- Favors rehabilitation over incarceration or financial punishment
- Maintains consequences for distributors and manufacturers who do so at the expense of others or minors
- Maintains consequences for those who trick or mislead non-consenting or unsuspecting users or those that die from or are seriously injured by the distributor's product
Current Delegate support at time of publication.