Penalties

United Statesedit

Drug possession is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction. In the U.S., the penalty for illegal drug possession and sale can vary from a small fine to a prison sentence. In some states, marijuana possession is considered to be a petty offense, with the penalty being comparable to that of a speeding violation. In some municipalities, possessing a small quantity of marijuana in one's own home is not punishable at all. Generally, however, drug possession is an arrestable offense, although first-time offenders rarely serve jail time. Federal law makes even possession of "soft drugs", such as cannabis, illegal, though some local governments have laws contradicting federal laws.

In the U.S., the War on Drugs is thought to be contributing to a prison overcrowding problem. In 1996, 59.6% of prisoners were drug-related criminals. The U.S. population grew by about +25% from 1980 to 2000. In that same 20 year time period, the U.S. prison population tripled, making the U.S. the world leader in both percentage and absolute number of citizens incarcerated. The United States has 5% of the world's population, but 25% of the prisoners.

About 90% of United States prisoners are incarcerated in state jails. In 2016, about 200,000, under 16%, of the 1.3 million people in these state jails, were serving time for drug offenses. 700,000 were incarcerated for violent offenses.

Australiaedit

A Nielsen poll in 2012 found that only 27% of voters favoured decriminalisation. Australia has steep penalties for growing and using drugs even for personal use. with Western Australia having the toughest laws. There is an associated anti-drug culture amongst a significant number of Australians. Law enforcement targets drugs, particularly in the party scene. In 2012, crime statistics in Victoria revealed that police were increasingly arresting users rather than dealers, and the Liberal government banned the sale of bongs that year.

The Netherlandsedit

In the Netherlands, cannabis and other "soft" drugs are partly decriminalised in small quantities. The Dutch government treats the problem as more of a public health issue than a criminal issue. Contrary to popular belief, cannabis is still illegal, mostly to satisfy the country's agreements with the United Nations.weasel words Coffee shops that sell cannabis to people 18 or above are tolerated in some cities, and pay taxes like any other business for their cannabis and hashish sales, although distribution is a grey area that the authorities would rather not go into as it is not decriminalised. Many "coffee shops" are found in Amsterdam and cater mainly to the large tourist trade; the local consumption rate is far lower than in the US. Netherlands has the highest antidrug related public expenditure per capita of all countries in EU (139 EUR per capita, 2004).citation needed

Similarly to the rest of the European Union member states and American democracies, controlled drugs are illegal in the Netherlands. Nevertheless, illegal drugs are consumed worldwide, causing concern in the international community. According to the United Nations Drug Control Programme, results in the 2001 World Drug Report estimate "that the extent of drug abuse in the world involves about 180 million people, which represents 3% of the global population. The majority of drug users (80%) used cannabis, followed by amphetamine-type stimulants such as methamphetamine, amphetamine and substances of the ecstasy group (16%), cocaine (8%), heroin (5%) and other opiates (2%)".citation needed

The administrative bodies responsible for enforcing the drug policies include the Ministry of Health, Welfare and Sport, the Ministry of Justice, the Ministry of the Interior and Kingdom Relations, and the Ministry of Finance. Local authorities also shape local policy, within the national framework. The prohibition policy is heavily influenced by the international community (through the United Nations), especially the neighboring states of France and Germany, which pressure the kingdom to be more strict, for they are directly affected through the illegal trafficking of narcotics coming from the Netherlands.citation needed

Legally, possession, manufacturing, trafficking, importation and exportation are forbidden. Nonetheless, it is not an offense to use drugs (Ministry of Foreign Affairs, 2003). There are different penalties involved when breaking the law, which may include a monetary fine, imprisonment, or both. To apply the law, the government differentiates between "soft" and "hard" drugs. Soft drugs are considered to produce less harm to both the individual and society, these being used mainly for folk medicine and recreational purposes. This category encompasses cannabis (nederwiet), hashish and some fungi. Hard drugs are considered to cause considerable personal harm through addiction and physical detriment, as well as nuisance to society, by increasing crime and deteriorating families. Cocaine, heroin, etc. belong to this category.citation needed

Along with these two categories, there is a pyramid of priority when it comes to prosecution by law enforcement agencies.

1. The handling and trade of hard drugs is on the zenith, being a joint target not only by the Netherlands, but also by the international community. This can be punished by maximum sentences of twelve years of imprisonment and/or a fine of up to €45,000.citation needed
2. The second priority is given to the production and trade of soft drugs. Deviation from the AHOJ-G criteria for coffee shops may result in up to four years of imprisonment and/or a fine of €45,000.
3. The third priority focuses on hard drug users. Instead of labelling the users of hard drugs as "criminals", the state aims to rehabilitate users and prevent others from becoming addicted. However, disturbance to society caused by the consumption of hard drugs can result in one year of prison and/or a €11,250 fine. Lastly, individuals possessing more than five grams for personal consumption, or disturbing the public, can go to prison for one month and/or be fined €2,250.citation needed

There are varying rules within these categories, for example the amount possessed, the role played in the transaction and the intent of the goods.citation needed Regarding coffee shops, the line between law and practice thins. A coffee shop is a heavily controlled business establishment where individuals can purchase a personal dose of soft drugs in the form of joints, pastry, drinks and packages. In theory, these shops must abide by governmental and local regulations, as well as meet the AHOJ-G criteria, an acronym for: No Advertising, Hard drugs, Nuisance of any kind, Jongeren (minors under 18), and a limit of five grams per transaction. Additionally, the maximum stock at any time is five hundred grams. Local governments may impose additional rules, such as closing times, zoning (coffee shops may not be close to schools), and parking restrictions. The rationale behind coffee shops is to keep citizens away from the hard drugs scene, bringing them to a safe, social, and regulated environment.citation needed

When analysing the Dutch model, both disadvantages and advantages can be drawn when comparing the results with other countries. On a moral argument, tolerating soft drugs can be seen as the defeat of the government against hedonism. Additionally, decades of growing and perfecting cannabis and hashish has resulted in increased levels of the main active hallucinogenic constituent tetrahydrocannabinol (THC), as levels have doubled, making the derived products more powerful, and therefore requiring less to achieve the desired effect.citation needed The coffee shop will lose its license if it caught selling to minors. Though there was a slight increase of use at the beginning, the rates balanced out some years later. The presence of coffee shops does not translate in public urge for experimentation. In fact, most people that did not consume drugs before the enhancement of the policy continue not to use them.citation needed

When compared to other countries, Dutch drug consumption falls in the European average at six per cent regular use (twenty-one per cent at some point in life) and considerably lower than the Anglo-Saxon countries headed by the United States with an eight per cent recurring use (thirty-four at some point in life). Experts have come to the conclusion that the policies applied do not play a striking role in these statistics, though there is debate over this issue (CEDRO, 2004). While there has been talk for over a decade about preventing foreigners from entering Dutch cannabis coffeeshops by requiring customers to possess a 'weedpass', this legislation has not been enacted, so Dutch coffeeshops continue to sell cannabis openly to both locals and foreigners. However a small number of southern municipalities (including Roosendaal and Maastricht) in the Netherlands now require customers to carry identification proving that they are resident in the Netherlands.

Asiaedit

Indonesiaedit

Indonesia carries a maximum penalty of death for drug dealing, and a maximum of 15 years prison for drug use. In 2004, Australian citizen Schappelle Corby was convicted of smuggling 4.4 kilograms of cannabis into Bali, a crime that carried a maximum penalty of death. Her trial reached the verdict of guilty with a punishment of 20 years imprisonment. Corby claimed to be an unwitting drug mule. Australian citizens known as the "Bali Nine" were caught smuggling heroin. Two of the nine, Andrew Chan and Myuran Sukumaran, were executed April 29, 2015 along with six other foreign nationals. In August 2005, Australian model Michelle Leslie was arrested with two ecstasy pills. She pleaded guilty to possession and in November 2005 was sentenced to 3 months imprisonment, which she was deemed to have already served, and was released from prison immediately upon her admission of guilt on the charge of possession.

At the 1961 Single Convention on Narcotic Drugs, Indonesia, along with India, Turkey, Pakistan and some South American countries opposed the criminalisation of drugs.

Republic of China (Taiwan)edit

Taiwan carries a maximum penalty of death for drug trafficking, while smoking tobacco and wine are classified as legal entertainment drug. The Department of Health is in charge of drug prohibition.