What's next after the ban? By Erich Moncada for SDPNoticias

British non-governmental organization, Transform: Drug Policy Foundation , has published a report this year entitled " After the War on Drugs: A program for the regulation , "which outlined strategies to control the problem of the use and abuse of these substances to the proven failure of prohibition. The proposal is far from radical to be based on regulatory models already implemented in the past and is responsible and not looking for total and immediate elimination of controls so as not to cause serious personal and social damage.

Transform the ban lists, along with free market policies as the absolute extreme and dangerous, and is cautious to warn the risks inherent in changing these patterns to suggest changes in a "slow and careful," assessing all results before introducing the next.

The authors distinguish three general approaches to control and regulate the production, supply and possession of different drugs.

The prohibition or global criminalization of drugs is based on international conventions of the Organization of the United Nations. The prohibition is absolute for all non-medical or scientific use, with exceptions for traditional or religious uses. Decriminalization and has worked successfully in Portugal (ie, traffic is still illegal but not punished for the consumer) can be compatible with other policies more restrictive and repressive as the 16 Asian nations that include the death penalty to those who are sentenced drug-related crimes _ as. Or the pioneer of Prohibition, United States, which has the largest prison population in the world and apply mandatory sentencing laws in jail for minor offenses related to these substances.

At the other end of Prohibition, equally damaging, is the legalization of free markets. This is responsible for the marketing of low risk substances, where control and management of the drug market in the hands of speculators who are only interested in generating income and consumption can promote their products through advertising and marketing, such is the case of snuff.

The third model is the Regulated Market. The authors define the regulation as "a set of laws and enforcement infrastructure designed to control or regulate certain types of products or behaviors."

Within these general patterns, Transform identifies five basic types of drug regulation ranging from the most rigid to the most liberal.

The prescription is the most restrictive model where drugs prescribed previously stipulated in a presentation, including particulars of consumption, contraindications, dosage and purity defined, a user identified by a licensed physician or pharmacist. They are expensive and limited action is restricted to only a small group of individuals, since most users tend to be experimental. However, "provide a very useful demonstration, albeit limited, on how the legal regulation of drugs can help individuals obtain these substances safely instead of the streets" (p. 21). We have already tested the model with diamorphine and methadone clinics, although it is limited funded programs and politically unpopular.

The model pharmacy, a pharmacist is trained to fill prescriptions in authorized locations. Should be guided based on principles such as "the legal age of the buyer, the level of intoxication, the amount requested specific cases or concerns related to potential misuse" (p. 23), in order to prevent diversion of drugs black market. These specialists, the authors say, should provide advice on harm reduction (minimizing the harmful effects of substances), safe use, and information on treatment services to help some users who require it.

The license sales model is very similar to that used for the sale of snuff and alcohol, and he implemented different types of controls to monitor the sellers, producers, product quality and buyer. Generally the municipal, state or federal agency enforces the law and regulation suited to the needs and social reality. As in the model of pharmacy, the licensee must inform their customers about harm reduction, safe and rehabilitative services.

The model of the licensed facilities are better known as alcohol, bars, casinos, table dance or Dutch cannabis cafes, where the permittee must monitor sales is based on the legal age of the buyer, the degree of intoxication and operating hours of business. The monitoring is usually carried out by the local authority can impose various penalties such as fines, notices or revocation of the permit. In our country there is common, but in other countries business owners are subject to partial liability for the actions of their clients, such as driving while intoxicated. Applied to illegal drugs, these places "models combine elements of facilities under permit sales under license and pharmaceutical specialists to ensure that the moderate use of drugs took place in a much safer and more support" (p. 26 ).

The fifth model, sales without permission or unregulated, are more lax control measures governing low-risk substances (caffeine, coca leaf) through the product description and labeling and are available to the public.

Finally, the Regulated Market Model comes as a criticism of snuff control scheme and is based on the assumption that it is "not an ordinary product ... still used as directed is highly addictive and harmful to health and personal ... any commercial sales aimed at increasing the consumption of snuff and therefore its ability to generate revenue increases will inevitably result in unacceptable damage to health "(p. 27). The idea is to maintain legal access for adults but remove the incentive to generate revenue by addictive products, encouraging the use of its products or creating new smokers. Transform suggests the use of a government agency to "take control of the production and marketing activities, managing the type of production, packaging and selling" (p. 27). There will remain competitive in the supply of raw materials and sellers could profit by making them available to customers, but the main mission of the institution would reduce consumption.

Opponents of legalization would argue that it is illogical and irresponsible for the government to provide drugs to the citizens but the prevailing view to date has been ineffective, economic and yes nothing very counterproductive. It is preferable that consumers can change their mind in a controlled environment, with its unadulterated substances in safe amounts, producers who pay taxes and are responsible for their actions, instead of forcing them to go to establish clandestine drugs of dubious come, in unsanitary conditions and under the domination of organized crime and police corruption.

Lies the PGR

The PGR came to defend the army abuses against civilians , ensuring that their actions "are performed in the framework of the law, always respecting the fundamental rights" of citizens. The National Commission for Human Rights documented that in 2009 the Ministry of National Defense was the first institution in violation of human rights , with 29 recommendations for crimes such as rape, murder, torture, illegal and arbitrary arrests, looting and shock, only followed by the same PGR with seven recommendations.