The Forum > Article Comments > Drug policy: a debate we must have > Comments
Drug policy: a debate we must have : Comments
By Dominic Perrottet, published 9/5/2012If the drug problem is getting worse, why isn't harm minimisation to blame?
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To discourage use of illicit drugs, we need retail (“street”) prices to be high. To discourage trafficking, we need upstream (“wholesale”) prices to be low, so that concealable quantities are not valuable enough to be worth trafficking. Law enforcement is a bottleneck in the supply chain, raising prices downstream and lowering prices upstream. So if law enforcement is concentrated on the retailers, it will send the desired price signals.
To encourage retail customers (junkies) to inform on the retailers, the customers must not be at risk of prosecution for possession or purchasing. To avoid raising upstream prices, enforcement further upstream should be strong enough to maintain the need for concealment, but no stronger. The threat of prosecution if caught in the act of sale is enough. The threat of prosecution for mere possession is too much.
To meet these requirements, the supply of prohibited drugs should remain an indictable offence, but possession or purchasing of any quantity should be a summary offence punishable solely by confiscation, with no conviction recorded, so that prosecution would be possible in theory but pointless in practice...
Making possession punishable solely by confiscation would remove the risk of wrongful convictions due to “planted” evidence. That risk is especially high because in most jurisdictions, if drugs are found among your belongings, you are not presumed innocent as to how they got there: the onus is on the accused to prove that the drugs were planted. Occasionally this is indeed proven...
For present purposes, however, the prevalence of obtaining false convictions by planting drugs is immaterial. The mere feasibility of it is incompatible with the rule of law...
So, if you are on the jury in a drug case, and if you are told that the defendant must prove that his/her possession was unwitting, it is your civic duty to put the onus of proof back where it belongs (on the prosecution), raise it to the proper standard (beyond reasonable doubt), and hand down a verdict accordingly...
More: http://is.gd/noreverse .