Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include: drug legalization, drug re-legalization and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
Proponents of drug liberalization argue that the legalization of drugs would eradicate the illegal drug market and reduce the law enforcement costs and incarceration rates. They frequently argue that prohibition of recreational drugs—such as cannabis, opioids, cocaine, amphetamines and hallucinogens—has been ineffective and counterproductive and that substance use is better responded to by implementing practices for harm reduction and increasing the availability of addiction treatment. Additionally, they argue that relative harm should be taken into account in the regulation of drugs. For instance, they may argue that addictive or dependence-forming substances such as alcohol, tobacco and caffeine have been a traditional part of many cultures for centuries and remain legal in most countries, though other drugs which cause less harm than alcohol, caffeine or tobacco are entirely prohibited, with possession punishable with severe criminal penalties.
Opponents of drug liberalization argue that it would increase the amount of drug users, increase crime, destroy families, and increase the amount of adverse physical effects among drug users.
Policies
The 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances made it mandatory for the signatory countries to "adopt such measures as may be necessary to establish as criminal offences under its domestic law" (art. 3, § 1) all the activities related to the production, sale, transport, distribution, etc. of the substances included in the most restricted lists of the 1961 Single Convention on Narcotic Drugs and 1971 Convention on Psychotropic Substances. Criminalization also applies to the "cultivation of opium poppy, coca bush or cannabis plants for the purpose of the production of narcotic drugs". The Convention distinguishes between the intent to traffic and personal consumption, stating that the latter should also be considered a criminal offence, but "subject to the constitutional principles and the basic concepts of [the state's] legal system" (art. 3, § 2).
Drug liberalization proponents hold differing reasons to support liberalization, and have differing policy proposals. The two most common positions are drug legalization (or re-legalization), and drug decriminalization. The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) defines decriminalization as the removal of a conduct or activity from the sphere of criminal law; depenalisation signifying merely a relaxation of the penal sanction exacted by law. Decriminalization usually applies to offences related to drug consumption and may include either the imposition of sanctions of a different kind (administrative) or the abolition of all sanctions; other (noncriminal) laws then regulate the conduct or activity that has been decriminalized. Depenalisation usually consists of personal consumption as well as small-scale trading and generally signifies the elimination or reduction of custodial penalties, while the conduct or activity still remains a criminal offence. The term legalization refers to the removal of all drug-related offences from criminal law: use, possession, cultivation, production, trading, etc.
Harm reduction refers to a range of public health policies designed to reduce the harmful consequences associated with recreational drug use and other high risk activities. Harm reduction is put forward as a useful perspective alongside the more conventional approaches of demand and supply reduction. Many advocates argue that prohibitionist laws criminalize people for suffering from a disease and cause harm, for example by obliging drug addicts to obtain drugs of unknown purity from unreliable criminal sources at high prices, increasing the risk of overdose and death. Its critics are concerned that tolerating risky or illegal behaviour sends a message to the community that these behaviours are acceptable.