RADICAL CHANGES DISJOINT CANNABIS LAWS

Cormac O'Keeffe reports on Europe's attitude to drugs.

ON the face of it Portugal has gone farther than any other country in
Europe in decriminalising drugs.

The possession of all illegal drugs, not just cannabis, will no longer be a
criminal offence in the country.

The radical move is the latest in an apparent trend across Europe to soften
attitudes to drugs, particularly cannabis.

The possession of drugs is still technically illegal in all countries,
because of obligations to UN treaties ruling out legalisation for drugs.

But an increasing number of countries are finding ways around their
international obligations and in many cases, like Portugal, are replacing
the criminal offence with a civil offence punishable by fines or community
service.

In Ireland, debate on the subject opened up dramatically last month after
the Minister of State with responsibility for the National Drugs Strategy
Eoin Ryan said small scale cannabis users should not be given a criminal
record.

His comments sparked anger among gardai, who pointed out that under the law
possession of cannabis was a criminal offence.

Mr Ryan stressed he was not in favour of decriminalisation or legalisation
of cannabis.

However, in the subsequent days it emerged the Director of Public
Prosecutions has advised gardai that, in certain circumstances, they do not
have to prosecute small time users, particularly cannabis users.

The advice was given in the context of large scale arrests of people with
small amounts of the drug and the impracticality of prosecuting all of them.

Also last month, police in Brixton, south London, announced they would no
longer prosecute people found with small amounts of cannabis.

A number of European countries have decriminalised possession of cannabis
or have softened laws in the area.

In the Netherlands designated coffee shops are allowed to sell certain
amounts of cannabis without either the supplier or the customer being
prosecuted.

It has been reported the majority of Dutch politicians would be in favour
of legalising the trade altogether were it not for their obligations to the
United Nations convention of 1988, prohibiting any such step.

According to the European Monitoring Centre for Drugs and Drug Addiction
fewer 15 to 16-year-old schoolchildren in the Netherlands (31%) have taken
cannabis than Ireland (37%).

The main problem for the Netherlands has been drug tourism from other
countries.

In Germany, some states have a more relaxed view than others but generally
cases involving very small quantities of cannabis are waived by prosecuting
authorities.

In Spain, drugs use and possession for personal use does not constitute a
criminal offence. However, consumption in public is punishable by
administrative sanctions.

At the beginning of this year Belgium announced the non-problematic use of
cannabis would no longer be a punishable act.

In Italy drug use is no longer an offence under the law, with possession,
acquisition and import for personal consumption only liable to
administrative sanctions.

This year Luxembourg decriminalised cannabis consumption (as well as
transportation, possession and acquisition for personal use).

Use of the drug would now be only liable to civil sanctions such as a fine.

Most dramatic of all is a Government proposal currently before parliament
in Switzerland recommending that cannabis could be grown, traded and bought
in the country.

In a bid to get around its UN obligations the proposal is on the strict
condition that the cannabis is only sold to Swiss citizens and that every
scrap is accounted for.

All these practices would remain technically illegal but, with formal
exemption from prosecution, in line with Dutch practice.