In late March, the Malawi government legalized the production of certain varieties of cannabis for some industrial and medical purposes. The government plans to grant licenses for the cultivation and transportation of chamba, a potent local variety of marijuana (also known as ganja). However, consuming cannabis for recreational purposes is still against the law.
After the bill was passed, House of Commons Leader Richard Chimwendo Banda said, “Nowhere in the bill does it say that people can use the chambers for recreational purposes or for smoking.”
But Malawi is not the only country to decriminalize drugs in recent years. How and why are drugs legalized in some countries and what are the consequences?
Why has Malawi decriminalized some cannabis production?
The decriminalization of cannabis is not new to Malawi, which began growing and selling cannabis for commercial purposes in 2020 with the Cannabis Control Bill. At the time, Agriculture Minister Kondwanee Nankhumwa said: “The legalization of this crop will contribute to economic growth as it will contribute to economic diversification and boost the country's exports, especially at a time when tobacco exports are declining. Deaf,” he said.
The vision of using cannabis to boost Malawi's economy remains intact. “But as the industry matures, we will be able to earn up to $700 million,” Malawi's Peter Dimba told parliament last week. In fact, it's more than double the amount of money we actually make from tobacco sales today. ”
Why and how will drugs be decriminalized?
Some experts argue that to reduce the number of deaths from illegal drugs, drug consumption should be treated as a public health issue rather than a crime.
One way to decriminalize drugs is to change the law to allow personal possession of small amounts of illegal drugs for certain purposes.
Another option is “de facto decriminalization,” under which law enforcement and prosecutors exercise their discretion in enforcing laws against the possession or use of small amounts of illegal drugs. can be exercised. This may not result in an arrest. For example, in the Australian state of Victoria, as of 2019, under the Cannabis Caution System, anyone found in possession of less than 50 grams of the illegal drug will receive a warning and receive a free education session they can choose to attend. .
“This is the most logical way to move from a criminal offense to a civil offense,” said Emily Kaltenbach, senior director of state advocacy and criminal law reform at the Drug Policy Alliance (DPA), a U.S. advocacy group. It's just the next step.” And it should be treated as a health problem. ”
What positive effects has drug decriminalization had?
Portugal was one of the first countries to experiment with drug decriminalization. In 2001, the country decriminalized all drugs and replaced them with intensive drug treatment and harm reduction programs.
Nuno Capas, a Portuguese Health Ministry official who runs the Commission for the Elimination of Drug Addiction, said that if you are caught with illegal drugs for personal use, it is “just like if you were caught driving without a seatbelt, for example. should be treated accordingly.” Talking on a cell phone while driving, riding a motorcycle without a helmet, riding the subway without a ticket. ”
Statistics show that the program seems to have worked in Portugal. According to the Ministry of Health, the number of overdose deaths has decreased from 300 in 2001 to 23 in 2022. By comparison, Los Angeles County in the United States had 2,700 overdose deaths in 2022. It has almost the same population as Portugal.
Where is decriminalization not working well?
In 2020, Oregon became the first state in the United States to decriminalize possession of small amounts of cocaine, methamphetamine, opioids, and LSD under the Oregon Decriminalization Act, known as “Measure 110,” or the Drug Addiction Treatment and Recovery Act. Ta. However, decriminalization there has been less successful.
In March, Oregon lawmakers reviewed and ultimately voted to repeal it after a spike in fatal overdoses. A new bill signed by Democratic Gov. Tina Kotek earlier this month reinstates criminal penalties for the use and possession of hard drugs.
But experts say other factors are also contributing to the rise in overdose deaths. Emily Kaltenbach said: “When Measure 110 was in place, fentanyl had just arrived on the West Coast. It really had moved from the East Coast to the West Coast. As a result of fentanyl, where the drug had not been decriminalized, it was also being used in many other states. We saw the number of overdose deaths go up. And then we had a pandemic.”
It added: “Oregon's overdose death rate remains close to the national average and far lower than states like West Virginia and Tennessee, despite being the only state to decriminalize the drug.” Ta.
Additionally, as Tera Hurst, executive director of the Oregon Health Justice and Restoration Alliance, stated, some medical professionals believe that Oregon's decriminalization law will not be given enough time or resources to succeed. This suggests that it was not possible.
Which other countries are planning to decriminalize drugs?
Some countries have undertaken significant decriminalization efforts, while others have reinstated previous laws and recriminalized drugs.
Germany's new law, which came into effect on April 1, decriminalizes the possession of up to 25 grams of cannabis for personal use and 50 grams of home-grown cannabis for personal use. The law allows individuals to grow up to three cannabis plants at home for personal use. Starting from July this year, the new law also allows for the establishment of non-profit “cannabis clubs.” This is a group of up to 500 people who can collectively grow cannabis for their own purchase and use.
What other jurisdictions would like to decriminalize drugs?
In October, California Governor Gavin Newsom vetoed a bill that would have legalized cannabis cafes (dispensaries that also sell coffee and food).
In a statement, Newsom said he appreciates the bill's intent to “provide cannabis retailers with expanded business opportunities and a means to attract new customers,” but added, “This bill will help protect California's long-standing workplace smoking ban.” “There is a possibility that this could lead to damage,” he said.
Last November, Ecuador's President Daniel Novoa repealed a law introduced by former President Rafael Correa that allowed possession of small amounts of illegal drugs such as marijuana, cocaine, heroin and amphetamines. Novoa said he re-criminalized cannabis because it “facilitates micro-trafficking in schools and creates an entire generation of addicted children.”
By the end of this year, Thailand plans to recriminalize recreational use of cannabis. Thailand became the first country in Asia to fully decriminalize cannabis in June 2022. However, 18 months later, Thailand is attempting to repeal the law. Minister of Health Chornan Surikeo said, “The misuse of cannabis is having a negative impact on Thai children…in the long term. [abuse of] other drugs. ”