Counting the costs in

Latin America
Aram Barra
Espolea

Campaign: Count the Costs

Monday, March 28, 2011

 Dynamics of policies in
Latin America in a
nutshell

Monday, March 28, 2011

 Argentina’s Supreme
Court ruling
• Law Number 23,737, Art. 14 part II punishes possession
of drugs for personal consumption with prison sentence
ranging from 1 month to 2 years.

• Education or treatment measures can be substitute

penalties.

• Law was unanimously ruled unconstitutional by the

Supreme Court on August 25, 2009, applicable to cases of
drug possession for personal consumption that does not
affect others.

Monday, March 28, 2011

 Brazil’s pending
decriminalization
• Law Number 11,343/2006, Art. 28: “Whoever acquires,
stores, transports or possesses unauthorized drugs for
personal consumption in violation with legal standards or
guidelines shall be forced to comply with the following:

• I. Warning about the effects of drugs,

• II. Community Service,

• III. Participation in a drug educational program.”

Monday, March 28, 2011

 Colombia’s current
debate
• In 1994, the Colombian Constitutional Court declared
unconstitutional the punishment for possession of
amounts for personal use, based on Art. 16 regarding
individual liberty.

• Since then, adults can possess up to 20gr. of marihuana

and 1gr. of cocaine, among other substances, for
consumption in the privacy of their homes without fear
of any personal sanctions.

• Legislative Act 2 of 2009, Art. 1 forbids any possession or

consumption of drugs. Act currently sits at the Colombian
Constitutional Court awaiting review.

Monday, March 28, 2011

 Paraguay’s 1988 law
• Law Number 1,340, Art. 30: “Whoever possesses substances
detailed in this Law, prescribed by a doctor, or whoever possesses
them exclusively for personal consumption, will be exempted from
punishment.

• Drug user’s exclusive personal use will be determined by the

amount of substance in possession equivalent to what is
considered a daily dosage, as determined by the Forensic Doctor
and a specialized Doctor designated by the Social Welfare and
Public Health Ministry and another by the defended, at his/her
own cost, if so requested”

• In the case of marihuana this shall not surpass 10gr. and in the
case of cocaine, heroine, and other opiates, 2gr.
Monday, March 28, 2011
 Uruguay’s 1974 law
• The phrasing of the 1974 Art. was updated in 1998 to:

• “Whoever is in possession of a reasonable quantity

exclusively destined for personal consumption -as morally
determined by the Judge, who would have to include his
reasoning for such ruling in the sentence- will be
exempted from punishment”

Monday, March 28, 2011

 Mexico’s obligatory
treatment
• Narcomenudeo Decree was approved in August 2009 and
it reforms the General Health Law and Criminal
Procedure Code.

• Art. 477 punishes possession of drugs for personal

consumption (sets a table) with up to 80 days of
minimum wage fine or prison sentence ranging from 10
months to 3 years 6 months.

• Art. 478 allows those facing criminal charges for drug

possession for personal consumption to be acquitted if
they seek treatment. After the third time, there will be no
excuse for criminal charge.

Monday, March 28, 2011

 Costs of the current
strategy: Mexico’s case
• A frontal war with 35,000+ deaths

• Human rights violations (HRW: Uniform Impunity,

WOLA/TNI: Systems Overload: Drug Laws and Prisons in
Latin America)

• Further criminalization and stigmitization of drug users.

Monday, March 28, 2011

 Costs of the current
strategy: Mexico’s case

Monday, March 28, 2011

 Costs of the current
strategy: Mexico’s case
Budget Expenditure of Health vis-a-vis Security Agencies (in Millions of Pesos)
Year Security % Health %
2007 61,060.41 281,539.25
2008 70,791.36 15.94% 294,603.7 4.64%
2009 94,784.85 33.89% 328,550.21 11.52%
2010 94,999.3 19.8% 354,734.06 6.85%
2011 106,918.1 12.5% 380,269.0* 7.20%

• Source: Presupuestos de Egresos de la Federación 2007, 2008, 2009, 2010

*Allocated budget

Monday, March 28, 2011

 Costs of the current
strategy: Mexico’s case
• Budgetary tendency seems to not help resolve the needs
of people.

• Off puts the needs of drug users, overcrowds judicial

systems, confronts police forces with organized crime and
further criminalizes most affected communities in
particular young people and children, women, migrants
and of course drug users.

• Is this what we want for our future generations?

Monday, March 28, 2011