Italian position about the Global Commission on Drug Policy
declaration on legalization of narcotic drugs.
In response to the declarations regarding the proposals
of legalizing drug use - launched by the "Global Commission on Drug
Policy", composed by well-known intellectuals, actors, singers,
former United Nations officials and former State Presidents -
declarations openly in opposition with the current antidrug
policies delivered by the United Nations - the Department for
Antidrug Policies states:
- The proposal of legalizing drugs trade and use (starting from
cannabis), as a primary solution to limit the spread of drug use
worldwide, cannot be accepted at all.
- The official position of our Government about antidrug
policies, well expressed in the National Action Plan - approved by
the Council of Ministers in October 2010 - recognizes first of all
that drug addiction is a preventable, treatable and recoverable
disease. Therefore, all strategies and policies are laid out to
acknowledge that this condition constitutes, besides a social and
security problem, also a serious public health issue concerning not
only drug dependent users' health, but also third parties that can
be damaged by drug users' risk behaviors, like driving vehicles or
carrying out work at risk. Drug consumption cannot be regarded as
an individual right as such behavior could seriously hinder the
exercise of other people rights.
- At the same time, illegal actions such as production, trading
and pushing of illicit drugs constitute a relevant issue of public
security to which it is necessary to give concrete and permanent
answers in terms of prevention and fight without criminalizing drug
addicts because of their use of drugs (as already specifically
provided for by the Italian legislation on the subject).
- Drug addicts as such are not and must not be considered as
criminals but as patients needing care to whom the Italian State
and the Regions provide - free of charge - a wide range of
therapeutic services both out and inside prisons, in case those
people had committed an offence (drug use is not considered an
offence, in our country). The Italian legislation affirms that drug
addicts in prison can and must be treated (on a voluntary basis) in
those settings and can also be cured in social-health structures
out of prison, as an alternative to the penalty.
- The Department also believes that the continuum of care should
be highly oriented to the full recovery of individuals and that it
should be always associated to the prevention of drug-related
diseases as HIV infection, hepatitis, Tuberculosis (TBC) and
overdoses. These actions must be considered as due deeds by
healthcare systems for the protection of health of the entire
community. The "harm reduction" policy, if applied in isolation and
out of a medical context oriented to treatment, rehabilitation and
reintegration of drug addicts, will results disastrous
in a long term perspective and with low preventive effects, besides
making drug addiction a chronic state.
- It needs to be highlighted that the measures which resulted
more effective for the reduction of the infections' (HIV,
Hepatitis, TBC, etc…) and overdose risk, on a medium and long-term,
are treatments for the drug dependence and for HIV infections that,
therefore, must be provided as early as possible.
- On the basis of increasing scientific evidences in the field of
neuroscience, use of drugs, especially among young people, must be
considered, from the public health point of view, as a high-risk
behavior for health and therefore must be avoided through
prevention campaigns and interventions in support of families and
schools. At the same time, it is necessary a social, legal and
cultural antidrug movement in order to realize and maintain a high
degree of social disapproval of such consumptionThis important
factor is actually able to produce a reduction in the consumption,
particularly of marijuana (often a "gateway" drug to the use of
other drugs such as cocaine and heroin), among adolescents and
vulnerable people, as scientifically proved by studies realized
over thirty years.
- The legalization of some kind of drugs would lead to an easier
access to all kind of drugs, especially for younger generations,
linked to the development and maintenance of the idea that the use
of these substances is still tolerated, by the society as well as
by the State. This would provoke, therefore, a reduction of the
"disapproval" factor able to influence drug use by young
people.
- There is neither study nor scientific evidence which
demonstrates that legalization would be able to effectively reduce
the proceeds of criminal organizations. Therefore, at the moment,
this solution remains only a utopian one. It is well-known that
these criminal organizations traffic and trade in various types of
drugs and that legalizing one of these products, such as marijuana,
would not produce commercial damages able to jeopardize these
organizations, as some U.S. studies prove.
- Over and above that, it is not conceivable to make available
and legal all the substances to the general population without any
control or regulation because of the serious consequences on
physical, mental and social health - as proved by scientific
evidence. It has to be reminded that illicit drugs are always
highly toxic substances. The increase of drug use among the
population would lead to a strong increase of physical and
psychiatric diseases among drug consumers (as largely demonstrated
by scientific evidence), but also to an increase of damage for
third parties.
- A further and unsolvable issue related to the legalization of
these substances comes out from the fact that all people that could
legally use them would be unable to access work tasks entailing
risks for third parties (air pilots, bus drivers, train drivers,
trucks drivers, doctors, etc..) and to get driving licenses,
weapons license and a series of professional qualifications, unless
it is recognized that drug users can easily perform these tasks and
have a driving license or a weapons license.
- There is also strong evidence that the increased number of
people using substances because of legalization could considerably
arise healthcare costs, over time, with a completely
negative consequences on State's budget in terms of both financial
and human resources loss, besides the suffering for those people's
families.
- Therefore, the drug policy must necessarily envisage a balance
between prevention, care and rehabilitation actions, on one side,
and repression and fight, on the other side, with a general system
based on health rights of individuals, particularly if underage or
vulnerable, and rights to be protected against drug supply, to be
early treated, when addicted, with fully social rehabilitation and
reintegration-oriented approach. Hence, it is a State's duty to
constantly prosecute, with permanent counter actions, the criminal
organizations offences (in production, traffic and pushing
phases).
- In this balanced context of actions, the repression policies of
criminal organizations, including farmers, couriers and pushers,
are a due deed and they do not preclude nor limit the public health
measures for drug addiction and HIV infections.
- In the last 10 years, thanks to the joint efforts of the
central, regional and local Administrations and the non
governmental organizations, which shared this setting of balanced
actions, the consumption of illicit drugs in our country has
decreased, the overdoses have strongly decreased and they are in
constant decrement, new HIV infections among drug addicts have
considerably reduced as well as the spread of HIV infection among
drug addicts is under control. Also the incidence of new infections
like hepatitis B and C have decreased and nobody has been arrested
simply for using illicit drugs, but always and only in relation to
violations of laws punishing trafficking, smuggling, illegal
cultivation, etc. of illicit substances.
- The utopian and superficial proposal of legalizing drugs in
order to solve the problem related to the large profits of criminal
organizations - resulting from the sale of drugs - has always
fascinated many people, but the very complex and articulated
reality of this phenomenon deserves a reflection of great
responsibility from central and regional competent administration
authorities.
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