Luxemburg changes its drug policy: therapy more likely than punishment

Drug consumption to remain principally punishable, but exemption from
punishment foreseen in certain cases / Distribution of needles and
methadone program to receive legal basis / Setting up of socalled
"FixerStuben" and controlled distribution of heroin as pilot projects
planned in Luxemburg

(hardly definable photo with caption: The right to get intoxicated and to
destroy oneself with drugs partially with state support? Luxemburg's
government has passed a farreaching law, which, in any case, should
provide for lots of talk.. Photo:cpf)

jlo A farreaching change of direction in its drug policy, the basis of
which is formed by the often supplemented law from February 19, 1973
regulating the sale of medicinal substances and combating drug addiction,
has been taken by Luxemburg. The new basic idea, as portrayed yesterday
morning by the Minister of Justice Marc Fischbach and the Minister of
Health Johny Lahure at a joint press conference, originates in the
knowledge that a drug consumer is foremost a sick person, not to be
punished, but to be helped in view of a possible cure. The new legislation
was passed by the Council of Ministers and will be soon sent down to the
Chamber of Representatives.

The government has based its considerations on the one hand on the
announcements in the government statement from July 22, 1994 and on the
other hand on the conclusions drawn by a special parliamentary committee in
March of last year.

As explained by the Minister of Justice Marc Fischbach in his introduction,
what makes drug addiction especially problematic is the fact that it is a
basic evil of society, which can only be countered by the solidarity of the
international community. The prerequisites for that are a common concept
and coherent policy. Nonetheless, one should not abandon oneself to such
great illusions that internationally a common denominator can be found,
because even the 15 EU member states find it difficult to do that.
Occupying the chairman's seat in the European Advisory Council Luxemburg
definitely wants to stimulate a basic discussion on this topic. The main
emphasis should be placed on the preventive aspect, for the repressive
track alone produces no solutions.

Differentiating drugs according to their risk

In contrast to 1973, when the lawmakers had a different attitude in this
respect, the new legal requirements provide for a differentiation of drugs
according to the risk to the user. For this purpose the classification of
different drugs will take place in accordance with a Grand Duchy
regulation. The Minister of Justice hinted that hashish and other cannabis
derivatives are to be viewed as drugs with slight risk.

In principle the consumption of drugs remains punishable, because a total
exemption from punishment would make the work of the police forces and the
investigations of the security agencies extremely more difficult and it
would stimulate consumption. Minister Fischbach claims that although
Luxemburg obliged itself to combat drug consumption by ratifying the 1988
UNConvention, now, however, the time has come when the government has to
pay attention to practical reality.

True to this philosophy drug consumers will no longer receive a prison
sentence, but will rather be prescribed an appropriate treatment.
Imprisonment will be replaced by a maximum fine of 100,000 Luxemburg francs
(ca. 2700 USD). Prison sentences for the users of hard drugs will remain,
but drastically reduced. In the new prison at Schrassig a new special tract
is being set up for drug addicts.

Drugs, however, will not only be differentiated according to their level of
risk, but also according to the circumstances of whether the person caught
is a user or a dealer. Exemption from punishment without exception or a
highly reduced punishment will be received by those present who call
emergency services or a doctor, when a drug addict has overdosed. To our
question, if this decree were not in contradiction to the law stating that
all citizens, under threat of punishment, are obliged to stand by a person
in deadly danger, we did not receive a clear answer from either minister.
While a drug consumer in such an extreme emergency is automatically
exempted from punishment, the punishment for drug dealers has been reduced
to a maximum of three months for an offense and two years for a crime in
this case.

Immunity for informers

Another important reform is that those who have broken the drug laws will
be exempt from punishment, when they reveal information on the production,
obtaining and distribution of drugs. Having applied this immunity so far
only to drug users, in the future also dealers are supposed to be exempt
from punishment, when, in court, they are willing to reveal information
about the existence of gangs. If, however, they do resolve to make a
statement later, then they can expect a maximum prison sentence of three
months.

In order to combat drug addiction the special customs administration
brigade consisting of seven officers at the moment (two of them at Findel
International Airport and five in Ruemilingen) will be increased to ten
officers, all receiving the powers of criminal detectives in addition.

1996: 76,259 free needles and 128 methadone patients

Before the Minister of Health Johny Lahure went into the new political
health decrees as part of this package of laws, he drew a balance of the
actions taken so far in his responsibility. In 1988/89 a program against
AIDS and drugs began, which in time was divided up into two different
areas. Several pilot projects will now receive a legal basis. Belonging to
this is the program for the free distribution of needles to drug addicts.
In this area a rising tendency has been noted, for alone last year 76,259
needles were distributed in comparison to 57,929 in the year 1995. Actually
it is supposed to be a needle exchange program, but in this sense only
28,646 needles i.e. 38% were returned in 1996. The Minister of Health
considered this program, which is to be expanded, an important element in
the fight against AIDS infection among drug addicts.

First of all the youth and drug help group "Jugend an Drogenhellef"
treated 15 drug addicts with the methadone program. In 1994 this substitute
drug was being administered to already 51 persons, in 1995 to 90 and in
1996 to 128. In the meantime this program has been set up regionally by 35
doctors and 25 apothecaries. At the same time with the announcement that
the methadone system will be expanded and legalized, Minister Lahure
remarked that on the one hand the death rate of drug addicts in Luxembourg
has gone down, while on the other hand the crime related to obtaining drugs
has not increased and social integration has functioned better.

In drug matters every year between 2300 and 2900 consultations have been
recorded, so that the concerned drug counseling centers are to be expanded.

The therapy center in Manternach is being updated, in how the problem of
withdrawal from hard drugs can actually be approached in a different
manner, and in how the therapy itself should no longer necessarily be the
sole objective. For example, lodgings are supposed to be provided for those
who have got off the drug, but still have to be treated.

Two special pilot projects in sight

Then the Minister of Health Johny Lahure revealed that he has two pilot
projects in sight for Luxemburg.

As already at some places in other countries, in Luxemburg special premises
are to be created in which drug addicts can shoot up with no further
formalities, and where they can ask for advice. Two such "FixerStuben" are
planned. Their operation is to be ensured by the cooperation among groups
to be founded for this purpose. Contacts for managing these plans Lahure:
"Luxemburg doesn't have to rediscover the wheel" have been made in Basel,
Switzerland and Munich, Germany.

Using the structures set up for the methadone program the proposal has been
made to distribute heroin to a limited number of extremely chronic drug
addicts, so that these people, according to minister Lahure, can live
better and be kept alive.

In reply to a question by a fellow journalist, if it wouldn't come to an
escalation of drug addicts due to these basic reforms, the Minister of
Health answered that these people have to be helped, and that it would be
unnecessary to want even to have an ideological debate on the subject.
Luxemburg wants likewise to continue on the path of careful adjustment
towards therapeutic treatment, this coming from the experience "that
repressive measures do not solve the problems of those sitting in the dirt."

The Minister of Justice Marc Fischbach commented that on the side of the
government the willingness exists to tread new ways, not necessarily alone,
but if possible in a unified European context. He was also of the opinion
that the feeling for justice of the Luxemburg citizens is not disturbed by
these changes.

Frightening statistics

Together with the presentation of the new legal measures yesterday,
statistics on the drug scene in Luxemburg were revealed, which has really
reached frightening proportions.

In Luxemburg there are about 2000 highly addicted persons, representing
actually 0.5% of the population of the Grand Duchy. In that respect
Luxemburg is a lot higher than its neighboring countries. But the General
Administrator Marcel Reimen relativized these figures in so far that, first
of all, there is no standardized comparable data for the EU countries and
that, secondly, for political reasons in other countries statistics are not
maintained as seriously and as exactly as in Luxemburg.

In 1996 82% of the drug addicts in Luxemburg were men, the remaining 18%
women, with an average age of 28 years and four months. Sixtythree percent
of them had the Luxemburg nationality and 37% came from a foreign country,
the half of which from Portugal. Thirtyfour percent of the drug addicts
had completed secondary education. Thirtytwo percent lived with their
parents, 29% lived in their own apartment, and 10% had no permanent abode.
Twentynine percent were unemployed. Eightythree percent already had a
criminal past, and 63% had previously been imprisoned.

The average age of the drug addicts when they made their first contact with
illegal drugs was 16 years and four months. The average age for the first
intravenous injection of drugs was 20 years and the duration of time
between the first contact with the drug and the condition of dependency was
three years and eleven months.

Thirtyeight percent of the addicts had their first contact with drugs at a
public place, 19% at school and 13% in a bar or nightclub. Sixtyone
percent of them got their first help in a hospital or from an emergency
medical service, 24% from a general practitioner and 13% from nonclinical
institutions.

Forty percent of the addicts supplied themselves with needles from the
apothecary, 30% from vending machines, 15% from the "Camionette" and 7%
from specialized institutions.

Finally Minister Lahure rated Luxemburg's pursued drug policy as a success
due to the fact that the number of drug addicts dying from an overdose is
falling. In 1994 29 such deaths were counted, in 1995 20, last year 16 and
from the beginning of this year until the end of July three.