Pros-and-cons-of-decriminalizing-drugs.docx

PROS AND CONS OF DECRIMINALIZATION OF ALL ILLICIT DRUGS: A DISCUSSION Submitted By: Serrano, Paula Ynne Louise C. Villamin, Maritoni A. Lechuga, Andrea Klein T. Corpus, Erika Louise O. Cabatay, Edzil Cole Santiago, Mikko Munsayac, Carl Gin

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Abstract The Philippines has a long and tedious history of drug-related criminal offenses recorded. The use of illicit drugs and other narcotics is widespread especially among the adolescent and dodgy section of the whole Philippine population. Drug consumption alarmingly reaches the minority and is a norm in the slum area. The government has a steadfast commitment in prosecuting drug users and drug dealers alike, therefore creating the Philippine Drug Enforcement Agency (PDEA) by virtue of R.A. 9196, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. There are a lot of factors that leads a person to drug use. Some people who suffer from anxiety, bipolar disorder, depression or other mental illnesses use drugs and alcohol to ease their suffering. Mental illness is such a burden for some people they will try just about anything to relieve the pain. Another factor why people abuse the use of drug is that people think drugs will help relieve stress. Our modern world is full of new strains and stresses that humans have never experienced in the past. Although many things in life are now easier than ever, the burdens are also very high. However be the case, the government is very firm in considering the use of drugs as a major offense and they are rallying hard in order to catch the drug users and indict drug lords to reduce the use of drugs. This dedication of the government, through its taskforces gives rise to other problems, such as the lack of space in jails and flood of cases with the proper judicial authorities that leads to clogged operations and other problems for the government. This gives rise to a controversial issue of whether it is high time for the Philippine government to adapt the Portugal law of decriminalizing the use of all illicit drugs, of course with the proper procedures handled by the correct authority.

Statement of the Problem The Philippines has a longtime problem with respect to implementing drug enforcement laws. Millions of budget allocation is going to waste in the improper enforcement and disbursement of funds. Should the Philippines adopt the decriminalization of the use of all illicit drugs law as patterned in other countries such as Portugal?

Introduction Drug decriminalization calls for reduced control and penalties compared to existing laws. Proponents of drug decriminalization generally support the use of fines or other punishments to replace prison terms, and often propose systems whereby illegal drug users who are caught would be fined, but would not receive a permanent criminal record as a result. A central feature of drug decriminalization is the concept of harm reduction. Drug decriminalization is in some ways an intermediate between prohibition and legalization, and has been criticized as being "the worst of both worlds", in that drug sales would still be illegal, thus perpetuating the problems associated with leaving production and distribution of drugs to the criminal underworld, while also failing to discourage illegal drug use by removing the criminal penalties that might otherwise cause some people to choose not to use drugs. However, there are many that argue that the decriminalization of possession of drugs would redirect focus of the law enforcement system of any country to put more effort into arresting dealers and big time criminals, instead of arresting minor criminals for mere possession, and thus be more effective. The reasons given for liberalizing drugs include claims that war on drugs policies have resulted in a failure, and that by not legalizing the drug trade, the quality of the

drugs cannot be screened, which could result in fatalities due to added compounds. Besides this, there's also a huge loss of income from not taxing the drug trade. Other arguments are the right of adults to live their lives without interference from the government and claims that a reduction in crime will be the result of this drug liberalization. Opponents of drug liberalization argue that a general drug liberalization leads to more people abusing drugs, that illicit drugs are a threat to the health and welfare of mankind and that drug liberalism violate children's right to grow up in a drugfree environment. The cultivation, use and trade of psychoactive and other drugs has occurred since the dawn of civilization. In the 20th century, the United States government led a major renewed surge in drug prohibition called the "War on Drugs." It was only in the 20th Century that Britain and the United States outlawed cannabis. The British had gone to war with China in the 19th Century in what became known as the First and Second Opium Wars to protect their valuable trade in narcotics. Various proponents of drug liberalization wish to repeal these laws for reasons ranging

from individual

rights-based

defenses

of liberty,

to consequentialist arguments against the economic and social outcomes of drug prohibition. Starting in the 20th century, large organized movements to overturn existing drug laws formed around the world. The most vocal of these groups exist in liberal democracies, and typically attract liberal and libertarian supporters, although drug liberalization itself is a non-partisan issue and may be supported by adherents of any ideology. In the Philippines, where drugs has been one of the most common crime that puts people to jail which causes the backlog of cases in courts and special problems in jails, the debate of whether or not the decriminalization of drugs is high time needed or still banned in the country is rising.

Definition of Terms Drugs Drugs are chemicals that affect a person in such a way as to bring about physiological, emotional, or behavioral change. ‘Dangerous drugs’ are those that have high tendency for abuse and dependency, these substances may be organic or synthetic, and pose harm to those who use them. Drug Abuse Drug abuse exists when a person continually uses a drug other than its intended purpose. This continued use can lead to drug dependence, a state of physical and psychological dependence or both on a dangerous drug. Drug Addiction Drug addiction is a complex, and often chronic, brain disease. It is characterized by execessive drug craving, seeking, and use. Addiction is caused by brain changes caused by constant drug use. Dependency This is the state of physical and psychological dependence, or both, on a dangerous drug, or drugs, experienced by a person following the use of that substance on a periodic or continuous basis. A person dependent on drugs will experience withdrawal reactions (also known as “cold turkey”, symptoms that occur after long-term use of a drug is reduced or stopped abruptly) after abstaining from drugs. Most commonly abused drugs in and their Ill Effects

Methamphetamine Hydrochloride (Shabu) Methamphetamine hydrochloride is found to have harmful effects to the brain. It changes how the brain functions. Studies have shown that methamphetamine abusers have reduced motor skills and impaired verbal learning as a result of alterations in the activity of the dopamine, a neurotransmitter involved in reward, motivation, experience of pleasure and motor function.

Other adverse effects of methamphetamine:       

Severe dental problems (“meth mouth”) Anxiety Confusion Insomnia Mood disturbances Violent behavior Extreme Weight Loss



Cannabis Sativa (Marijuana) Marijuana use impairs a person's ability to form new memories and to shift focus. Its active component, tetrahydrocannabinol (THC) also disrupts coordination and balance, posture, and reaction time (experience commonly referred to as “spacing out”). Thus, chronic marijuana use significantly reduces a person’s capacity to learn, carry-out complicated tasks, participate in sports, driving and operating other machineries. Studies also show that marijuana use can lead to lung cancer and other problems in the respiratory and immune systems. Street names: weed, jutes, pot, grass, damo, chongke

Health problems that come with the use of marijuana include:    

Distorted perception(sights, sounds, time, touch) Trouble with thinking and problem solving Loss of motor coordination Increased heart rate and palpitations Inhalants The effects of inhalants are similar to that of alcohol, including slurred speech, lack of coordination, euphoria and dizziness. Inhalant abusers may also experience lightheadedness, hallucinations, and delusions.

The following are common signs of drug revealed by individual using drugs. While not all of these signs mean that one person is involved in drugs and there could be some other physical or emotional problem that is causing these behaviors, there is high chance that drug use may be a possibility:        

   

suddenly changes friends (hangs out with individuals known for their drug use) becomes pessimistic, irritable and anxious all the time asks to be left alone a lot is always tired (or makes it as an excuse to be left alone) becomes careless and often becomes involved in accidents becomes implicated in a lot of fights frequent mood swings sudden change in appearance and conduct (red or puffy eyes, weight changes, constant complaints of headaches or stomachaches, shaking, incessant cough, brown stains on fingertips, stumbling, or a constant runny nose) loss of interest in hobbies or sports exhibits poor judgment finds it difficult to concentrate declining interest in school or work Drug Decriminalization in Portugal

Portugal is the first country in the world to decriminalize the use of all illicit drugs. The new law maintained the status of illegality for using or possessing any drug for personal use without authorization. However, the offense was changed from a criminal one, with prison a possible punishment, to an administrative one if the amount possessed was no more than ten days' supply of that substance. It did not have the reverse effect of drug usage but the cases of drug overdose and HIV transmitted through drug use decreased significantly. Drug addicts were then to be aggressively targeted with therapy or community service rather than fines or waivers. It is an

efficient way of dealing with the drug problem instead of trying to eradicate it all together. In 2001, Portugal became the first European country to abolish all criminal penalties for personal drug possession. In addition, drug users were to be provided with therapy rather than prison sentences. Research commissioned by the Cato Institute and led by Glenn Greenwald found that in the five years after the start of decriminalization, illegal drug use by teenagers had declined, the rate of HIV infections among drug users had dropped, deaths related to heroin and similar drugs had been cut by more than half, and the number of people seeking treatment for drug addiction had doubled.[38]However, Peter Reuter, a professor of criminology and public policy at the University of Maryland, College Park, suggests that the heroin usage rates and related deaths may have been due to the cyclical nature of drug epidemics, but conceded that "decriminalization in Portugal has met its central goal. Drug use did not rise." The use of drugs is difficult to eliminate entirely that is why the Philippine government must consider other approach in dealing with the use of rampant drugs. Decriminalizing the use of drugs is one way of efficiently using it. It does not impede the right of drug users who constantly want it in their system in accordance of their human rights and it lessens the burden of the government to go after drug users and drug dealers. The question of whether the Philippine government is ready to adapt to this new approach or still enforce the classic indictment of all persons who are caught with the possession of such illicit drugs remains standing. The Philippine government is serious in wanting to eradicate the use of drugs. However, the reality is people who are in the police force are rampant users too. Not all persons in the power are using drugs; however some high ranking officials and other forces are using drugs too. It is ironic that some Philippine officials are trying to eliminate drug use while they themselves are using it too.

The following is a discussion of the pros and cons of adapting the Portugal law in decriminalizing drugs and incorporating it to our Philippine laws. There is still a lot to be done and studied in order for this to be a living reality for the Philippine government but it is time that the government improves their policies in drug use and does drastic measures in order to maintain the harmony between the state and the people.

PROS OF DECRIMINALIZING THE USE OF ALL DRUGS It is a well-known fact that the usage of illegal drugs is rampant in the Philippine society. A lot of users belong to the high social status even, a not so alarming fact. These people have different reasons why they use drugs daily. One of the most popular reasons why drug users take drugs is for recreational purposes; they are chasing the light feeling which is the side effect of the drugs. A few hours of being numb to the world and being wrapped in your own bubble is a bliss. It does not make you a bad person if you aren’t doing anything wrong in the society. Hypothetically, decriminalizing drugs will even promote open transactions in public that may be useful to other health organizations and finding and helping people who needed help. It may be especially helpful to both the State and the people. The following discuss the benefits derived from decriminalization of all illegal drugs: 1. Reduction of harmful effects of drug use By decriminalizing drugs and making it an administrative case, many people will be more open to admit that they are using drugs and the health sanctions will be easier to treat and admit. A great benefit that may be derived from this is that the rehabilitation centers will be able to help people who are addicted to drugs in balancing their life and their use of drugs instead of suppressing the fact that they are actively using drugs.

Drug addiction is not surprising to be rampant in the Philippines. The use of drugs induces relief and bliss to the user that’s why more people are pushed to do it for various reasons. Use of all drugs should be decriminalized because it is a psychological consequence of what is happening outside the control of the person.

2. Less people will be arrested for drug use Efforts to interdict the drug traffic alone are costly and will require a lot of effort and energy. The cost of trying and incarcerating users, traffickers, and those who commit crime to pay for their drugs, the tab runs about billions of pesos. The Philippine government will have a hard time. The more effective are law-enforcement efforts against drug distribution, the more costly the drugs become to their consumers. After a generation of escalating drug war efforts, the costs of marijuana, cocaine and heroin are about 100 times what they would be in a free market. The inevitable effect of jacking up the cost of drugs is the commission of crime by drug users to obtain money to buy drugs. Even policy makers have used prohibition as a smoke screen to avoid addressing the social and economic factors that lead people to use drugs. Most illegal and legal drug use is recreational. Poverty and despair are at the root of most problematic drug use and it is only by addressing these underlying causes that we can hope to significantly

decrease the number of problematic users. Also, the crisis in inmate housing would disappear, saving taxpayers the expense of building more prisons in the future.

In a recent survey of persons in prison for robbery or burglary, one out of three said that they committed their crimes in order to buy drugs. In a survey of adolescents, those who admitted using cocaine, 1.3%, accounted for 49% of the admitted crimes. In several studies of prisoners, 65% to 80% have admitted regular or lifetime illicit drug use. About 75% of our robberies, thefts, burglaries and related assaults are committed by drug abusers. Numerous studies show that drug users commit far fewer crimes when undergoing outpatient drug therapy or even when the price of drugs drops. Decriminalization restores our right to use drugs responsibly to change the way we think and feel. It enables controls and regulations to be put in place to protect the vulnerable. Drug users are spreading to younger populace as well. Recent research shows that nearly half of all 15-16 year olds have used an illegal drug. Up to one and a half million people use ecstasy every weekend. Amongst young people, illegal drug use is seen as normal. Intensifying the 'war on drugs' is not reducing demand.

Drug prohibition also fosters crime by producing official corruption. The news media are full of accounts of cops caught stealing money or drugs from dealers or simply taking money to look the other way. Even judges and prosecutors are sometimes implicated. Such pervasive corruption denigrates and demoralizes all law enforcers and causes disrespect for law among citizens.

3. Abolition of drug dens The market for drugs is demand-led and millions of people demand illegal drugs. Making the production, supply and use of some drugs illegal creates a vacuum into which organized crime moves. The profits are worth billions of pesos. Legalization forces organized crime from the drugs trade, starves them of income and enables us to regulate and control the market

Actual arrest of drug den

4. Open drug transaction will be taxed The price of illegal drugs is determined by a demand-led, unregulated market. Using illegal drugs is very expensive; therefor some people resorts to steal in order to raise funds to buy drugs.

Decriminalization would enable us to regulate the market, determine a much lower price and remove users need to raise funds through crime. Our legal system would be freed up and our prison population dramatically reduced, saving billions. Because of the low price, cigarette smokers do not have to steal to support their habits. There is also no violence associated with the legal tobacco market. A hidden benefit that comes with decriminalizing drugs is all of the costs saved in law enforcement and prosecution. If the Philippines legalized marijuana it’s been estimated that the government would save over Php13 billion! Not only that, but it would severely reduce the prison population in the Philippines By decriminalizing drugs, the government effectively creates a new industry. Marijuana has to be grown, processed, packaged, and sold.

5. Drug information and education will be maximized A wealth of disinformation about drugs and drug use is given to us by ignorant and prejudiced policy-makers and media who peddle myths upon lies for their own ends. This creates many of the risks and dangers associated with drug use. Between 1998 and 2011, the number of people in drug treatment increased by more than 60 percent (from approximately 23,600 to roughly 38,000). Treatment is voluntary. Over 70 percent of those who seek treatment receive opioid-substitution therapy, the most effective treatment for opioid dependence.

6. Reduced drug-induced deaths The number of deaths caused by drug overdose will decrease drastically because the philosophy of people that all prohibited drugs is good, more people are willing to be tempted. By lowering the punishment of drug use and giving appropriate assistance to those suffering from drug addiction, people will not overdose and death by drug use will be reduced.

7. Global Implications The illegal drugs market makes up 8% of all world trade. Whole countries are run under the corrupting influence of drug cartels. Prohibition also enables developed countries to wield vast political power over producer nations under the auspices of drug. Decriminalization returns lost revenue to the legitimate taxed economy and removes some of the high-level corruption. It also removes a tool of political interference by foreign countries against producer nations.

8. Prohibition doesn't work There is no evidence to show that prohibition is succeeding. The question we must ask ourselves is, "What are the benefits of decriminalizing any drug?" If, after examining all the available evidence, we find that the costs outweigh the benefits, then we must seek an alternative policy. The real matter here is whether the pros of decriminalizing drugs outweighs the cons. This is a matter which requires extensive research on the matter and study of facts before the decriminalization of the use of all illicit drugs be applicable in the Philippines.

CONS OF DECRIMINALIZING THE USE OF ALL DRUGS As a Catholic country, drugs are frowned upon and its benefits are ignored. By decriminalizing drugs, the very foundation of our morals upon which the Philippines was built will be forgotten and a new ideology will emerge, we may lose our heritage along the way. We therefore surmised the following downside of decriminalizing drugs: 1. Decriminalizing the use of all illicit drugs will have more negative impact According to Dangerous Drugs Board for the year 2012, twenty-nine (29) residential treatment and one (1) outpatient facilities reported to the Integrated Drug Abuse Data and Information Network (IDADIN). These facilities reported a total admission of 2,744 drug cases. Of this number, 79.88% or 2,192 were new admission, 14.72% or 404 were relapse cases and 5.39% or 148 were referrals from outpatient facilities. A decrease of 9.74% was recorded from previous year which can be attributed to the following reasons: financial constraints encountered by families with drug

dependents, strict implementation of law, and diversion to other forms of vices such as gambling, computer games, etc.

2. There is a possibility that decriminalization of drugs will not reduce the use of drug consumption as in Portugal Despite the seemingly tamed and glamorized idea of drug use, it must be remembered that it can still lead to abuse, addiction, legal offenses, serious health problems, and even death. We must understand that there is no way to predict the effect that a drug can have on a person, especially if it is the first time they try it, and even regardless of dose and amount. Given that each person’s brain and body chemistry are different, each person would also have a different tolerance for drugs. The decriminalization of drugs in Portugal did not in any way decrease levels of consumption. On the contrary, "the consumption of drugs in Portugal

increased by 4.2% - the percentage of people who have experimented with drugs at least once in their lifetime increased from 7.8% in 2001 to 12% in 2007 (IDTInstitute for Drugs and Drug Addiction Portuguese, 2008).

3. Increase cases of hospital visits due to drug intake If the decriminalization of drugs will be made valid, many people will be more tempted to take drugs because it does not have a huge societal impact. Drugs are harmful when taken wrongly and in massive amounts. That is why the Philippine government is executing efforts in order to strengthen the forces that will stop drugs from reaching more people and in huge quantity. Social responsibility also curtails strong duty not just for yourself but for the majority and by decriminalizing the usage of illicit drugs, this will be spun out of control.

4. Accidents will more likely happen Since the use of drugs addles the brain, psychological consequences will occur from daily usage. Mental health is damaged and it will likely lead to more accidents and incite problems. Unfortunately, drugs and alcohol often do little to address the underlying mental health symptoms and ultimately create a whole new batch of problems for the patient while also increasing the severity of the original mental health symptom or symptoms. Often, certain drugs can create problems that trigger mental health symptoms. In other cases, substances can create mental health symptoms like paranoia, delusions or depression while the person is under the influence of the drug. When these symptoms last after the drugs wear off, then it can indicate a co-occurring mental health disorder.

5. Religion curtails drug use is immoral Many people, including some religious groups, argue that the war on drugs is itself immoral. The Philippines is a Catholic country and the Church, through the Catholic Bishop Conference of the Philippines (CBCP) has a strong stand regarding the curtailment of drug use. One of the most important arrogances on the peculiar attitude and emotional bias of some people who think "drug taking is bad", but who nevertheless consume alcohol, and formulate the unhelpful conception "We drink. Therefore alcohol is not a drug. In a pastoral letter, reelected CBCP chief Archbishop Socrates Villegas said everyone, even drug-dependents themselves, had a responsibility to curb the perennial problem of drug abuse. Citing the Pontifical Council for Pastoral Assistance to Health Care Workers, Villegas said that “while the drug-dependent cannot be blamed completely for the addiction, neither is it right to hold him or her as a blameless and helpless victim.” “Drugs feed the evil in a person and present an alternate reality that further isolates him or her from life. Those of who manufacture and peddle drugs destroy persons and communities, in a much worse way than natural calamities,” he said.

6. It is against family values Although many people who are taking drugs functions normally well in the society, it destroys the family values known to many Filipinos. As the drugs addle the brain, close-nit family ties are dissolved which leads to the destruction of family ties. Most of the people taking drugs stemmed from personal and family problems. Feelings of neglect, abandonment, rejection and carelessness from family members often push a person to become addicted to drugs.

7. Decriminalization of drugs would increase use and lead to more experimentation by youth According to an article posted by Time.com, “Youth drug use is associated with higher future risk of using other drugs, including alcohol, tobacco, opioids, methamphetamine and cocaine. Use by teens is also associated with decreased school performance and memory impairments that last as long as 28 days after use. There is also a demonstrated correlation between early and heavy marijuana use and the development of psychotic symptoms and disorders like schizophrenia in adulthood among certain populations.”

8. Exacerbate the existing deleterious effects that drugs have on society. Government decriminalization of addicts would have crippling effects on the economy. Another fact is the decriminalization of the use of illicit drugs would help to create a large black market for drugs. Anti-decriminalization proponents also point out that drug dealers and hardcore addicts would not suddenly become productive, law-abiding members of society. The anti-decriminalization point of view is that dealers will still be involved in crime and violence and that users will still need to support themselves by engaging in criminal activity.

SYNTHESIS The decriminalization of the use of drug has its pros and cons, but the Philippine government must look into both opinions in order to choose what is best for the Philippines and the future of everyone, especially the youth who are exposed to drug use. Today’s society is suffering rapid decay due to the never-ending war against drugs. Politicians make dramatic speeches advocating tougher drug laws to when there to when seats. But what has this war really accomplished. In fact would decriminalization benefit society. The use of drugs by members of society is a problem for some individuals and a larger problem for the legal system. The use of drugs has created crime among the dealers of illegal substances in many forms, the classification of that substance determines the level of the crime, and with different charges the legal system acts accordingly. Countries have been making drugs illegal over the years for varieties of reasons - be it to combat a perceived moral or health epidemic, to single out certain groups of people, or to reflect religious influences. Even when some drugs do not present notable health dangers, governments ban them. While there are many drugs that are unhealthy when abused, the drug policies around the world, particularly the United States, are inconsistent and oppressive. Drug laws were supposedly created for the good of society, but the prohibition of drugs only serves to cause problems, violence, and unrest for the masses. There are more to be analyzed, discussed and studied whether decriminalization of the use of all illicit drugs should be adopted in the Philippines.

BIBLIOGRAPHY  Djovic Martilini. (2008). IDT-Institute for Drugs and Drug Addiction Portuguese, Journal, Rhode Island  MacCoun and Reuter. (2001). Uses and Abuses of Drug Decriminalization in Portugal. Berkley Law files  Luhnow and de Córdoba. (2009). Portugal Decriminalization Factsheet, Portugese Daily, Portugal  Yuji Vincent Gonzales. Drugs Destroy Society Worse Than Calamities-CBCP. (2015). http://newsinfo.inquirer.net/705928/cbcp-drugs-destroy-societyworse-than-calamities inquirer.net  Steven Duke. (2013). Pros and Cons of Drug Use http://druglibrary.org/schaffer/Misc/media2.htm 

Joseph Toral ba. Drug A ddi ctio n i n the Phili ppi nes. (2011 ). http://alcoholrehab.com/drug-addiction/drug-addiction-in-the-philippines/

 Steven Cho. PDEA Army Raid Illegal Drug Dens in Cotobato City. (2009) https://www.ndbcnews.com.ph%2Fnews%2Fpdea-army-raid-illegal-drugdens-in-cotabato-city-invites-15&bvm=bv.1165

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