Decriminalizing drug use

Senator Ronald "Bato" dela Rosa on 24 November said something out of the ordinary — but which many countries worldwide have actually been practicing.

"Gusto ko nga, dahil kasagsagan ng ating war on drugs, nakita natin na punong-puno na ang ating kulungan dahil diyan sa mga (I really want to, because at the height of our war on drugs, we have seen that our jail is full because of drug offenses)," the former Philippine National Police chief said on GMA's Unang Hirit, in response to the question of whether he favors decriminalization of drug use.

"In order to decongest itong mga kulungan, sabi natin, i-decriminalize na lang 'yan dahil 'yun namang mga rehabilitation centers natin ay hindi napupuno (.. to decongest these jails let us decriminalize drug offenses because rehabilitation centers are not fully occupied)."

Two days earlier, as Dela Rosa presided over a Senate Committee on Public Order and Dangerous Drugs hearing on providing treatment and building rehabilitation centers for drug abusers, the subject of decriminalization was raised.

He said police officials thumbed down the idea.

"Narinig ko 'yung kanilang side ay malakas ang kanilang oposisyon. Ayaw na ayaw nila dahil it will send daw a wrong signal doon sa ating mga kabataan na it's okay to use drugs kasi hindi ka pala makukulong, ire-rehab ka lang (Their opposition is strong. They don't want to because it will send a wrong signal to our youth that it's okay to use drugs because you won't go to jail, you'll just be rehabilitated)," he added.

But progressive minds in the medical community are convinced, with scientific evidence, that the drug problem is, first and foremost, a health issue — which naturally requires treating it not with force, but rather with compassion.

Not surprisingly, in the same Senate hearing, representatives of the Health Department expressed support for decriminalization.

Dela Rosa went on to adjourn the hearing, saying decriminalizing certain drugs requires more discussions if the Senate will be convinced to craft "a very good piece of legislation."

Now, this would raise a lot of eyebrows, but Dela Rosa said decriminalization would cover marijuana and other illegal drugs such as crystal meth and cocaine.

But what really is decriminalization?

The United Nations Office on Drugs and Crime website contains insightful information on the subject.

"Decriminalization is the removal of criminal penalties for drug law violations (usual possession for personal use)."

It said "roughly two dozen countries, and dozens of US cities and states, have taken steps toward decriminalization. By decriminalizing possession and investing in treatment and harm reduction services, we can reduce the harms of drug misuse while improving public safety and health."

Decriminalizing drug possession, said the UNODC, can lead to the following beneficial scenarios:

• Reducing the number of people arrested;

• Reducing the number of people incarcerated;

• Increasing uptake into drug treatment;

• Reducing criminal justice costs and redirecting resources from criminal justice to health systems;

• Redirecting law enforcement resources to prevent serious and violent crimes;

• Diminishing unjust racial disparities in drug law enforcement and sentencing, incarceration, and related health characteristics and outcomes;

• Minimizing the social exclusion of people who use drugs, and creating a climate in which they are less fearful of seeking and accessing treatment, utilizing harm reduction services, and receiving HIV/AIDS services;

• Improving relations between law enforcement and the community; and

• Protecting people from the wide-ranging and debilitating consequences of a criminal conviction.

In essence, and this is what Dela Rosa declared, decriminalization is one way to decongest the country's jails. It is not meant to tolerate drug use, but to treat it humanely, especially for first-time offenders.