By Jon Heidt

This report reviews the key research literature on the impact of decriminalization, depenalization, diversion, and harm reduction programs from countries in Europe, North America, South America Oceania, and several U.S. states including California, Maine, Oregon, and Washington state. From this review, key indicators emerged in two domains: crime and criminal justice and mental and public health. Crime and criminal justice indicators include crime rates, levels of organized crime, rates of imprisonment, levels of public disorder (e.g., open air drug use and dealing), drug use trends and patterns, drug availability and price, rates of treatment uptake, addiction and overdose, police clearance rates, costs of enforcement, and functioning. Mental and public health indicators include drug use rates and patterns, rates of drug treatment participation, and rates of drug related mortality. These indicators were used to evaluate the impact that different approaches to drug policy have on society.

Vancouver, BC:  International Centre for Criminal Law Reform, 2021. 80p.

By Liam Michaud, Jenn McDermid, Aaron Bailey, Tyson Singh Kelsall 

The unregulated drug toxicity crisis in British Columbia (BC), Canada, has claimed over 14,000 lives since 2016. The crisis is shaped by prohibitionist policies that has led to the contamination of the unregulated drug supply, resulting in a surge of fatal and non-fatal overdose events. The criminalization of drug users exacerbates this situation, pushing individuals into carceral systems for the possession of and/or social practices related to drug use. This commentary examines the involvement of policing in the development, and throughout the first 15 months of its implementation, of BC's decriminalization framework. We highlight concerns regarding police discretion, the expansion of scope, and the interweaving of carceral logics into policies that purport to be public health-oriented.

International Journal of Drug Policy, Volume 129, July 2024, 104478

By Matthew Bonn, Chelsea Cox, Marilou Gagnon. et al.

The International Guidelines on Human Rights and Drug Policy recommend that States commit to adopting a balanced, integrated, and human rights-based approach to drug policy through a set of foundational human rights principles, obligations arising from human rights standards, and obligations arising from the human rights of particular groups. Following two years of consultation with stakeholders, including people who use drugs, NGOs, legal and human rights experts, UN technical agencies and Member States, the Guidelines “do not invent new rights. Rather, they apply existing human rights law to the legal and policy context of drug control to maximise human rights protections, including in the interpretation and implementation of the drug control conventions.” In respect of the Guidelines and its obligations under UN human rights treaties, Canada must adopt stronger and more specific commitments for a human rights-based, people centered and public health approach.3 This approach must commit to the removal of criminal penalties for simple possession and a comprehensive health-based approach to drug regulation.

Ottawa, ONT: Royal Society of Canada, 2024. 52p.

By Paul J. Larkin

The raw, agricultural form of cannabis is not capable of being approved for use by the Food and Drug Administration (FDA)—regardless of whether Congress or the U.S. Attorney General reschedules it downward from Schedule I. Rescheduling cannabis would not allow the drug to be distributed under federal law unless the FDA finds that it is a safe, effective, and uniform drug. The FDA could not do so under existing law, and the Attorney General cannot waive the Food, Drug, and Cosmetic Act’s requirements. Congress could do so by statute—but any such law would put at risk the health of users and nonusers in order to satisfy the desires of a minority for a transient high.

Washington, DC: The Heritage Foundation, 2023. 57p.

By The International Drug Policy Consortium (IDPC)

In September 2023, the UN High Commissioner for Human Rights released a landmark report on human rights in drug policy. Prepared at the request of the Human Rights Council as a contribution to the mid-term review of the 2019 Ministerial Declaration on drugs, this report constitutes the most ambitious and comprehensive UN document to date on the alignment of drug policies with human rights. The report consolidates existing human rights standards, develops new recommendations, and proposes a blueprint for transformative change, from a global punitive paradigm to drug policies based on health and human rights.

This IDPC advocacy note focuses on three key issues. First, the new standards and recommendations developed in the OHCHR report, which update our understanding of the human rights dimension of drug policies. Secondly, the consolidation of prior human rights standards developed by other UN bodies. Lastly, we lay down our recommendations for an effective implementation of the vision proposed by the report.

London: IDPC, 2023. 7p.

Edited by Gian Ege, Andreas Schloenhardt ,Christian Schwarzenegger and Monika Stempkowski

Debates about decriminalising or even legalising certain narcotic drugs and psychotropic substances have gained much momentum in recent years. On the surface, it appears that more and more jurisdictions are exploring the introduction of measures to permit, albeit in very controlled ways, the use of some narcotic drugs, if only for medical purposes. Others further agree that the so-called ‘war on drugs’ has failed to produce any meaningful success and that new ways to prevent the abuse of narcotic drugs and psychotropic substances need to be explored. Nevertheless, most jurisdictions continue to impose near-complete bans on the production, manufacturing, trade, transport, supply, sale, and possession of illicit drugs. National authorities, along with international organisations, point out that any move to decriminalise narcotic drugs and psychotropic substances is inconsistent with international law.

Berlin: Carl Grossman Verlag 2023. 250p.

By Alabama Appleseed

Report Highlights: Police in Alabama made 2,351 arrests for marijuana possession in 2016. This study analyzed demographic data about the people arrested, along with arrest locations, in addition to examining broader impacts. The report also includes an economic analysis of the cost of marijuana prohibition, conducted by two economists at Western Carolina University. The study found that: • Alabama and its municipalities spent an estimated $22 million to enforce the prohibition against marijuana possession in 2016. • Despite studies showing black and white people use marijuana at the same rates, black people were approximately four times as likely to be arrested for either misdemeanor or felony marijuana possession. • The enforcement of marijuana possession laws has created a crippling backlog at the state agency tasked with analyzing forensic evidence in all criminal cases, including violent crimes.  

Montgomery: Alabama Appleseed & Southern Poverty Law Center, 2018,   

By Harvey Slade

Drug-related deaths fell after the reform of Portugal’s drug policy, and have remained below the EU average since 2001 The proportion of the prison population sentenced for drug offences has fallen from over 40% to 15% Rates of drug use have remained consistently below the EU average Portugal has gone from accounting for over 50% of yearly HIV diagnoses linked to injecting drug use in the EU to 1.7%

London: Transform Drug Policy Foundation, 2021. 10p.

By James Gray

Veteran trial judge and former federal prosecutor Judge James P. Gray believes drug prohibition remains one of our country's biggest failed policies. In this updated edition of his bestseller, Why Our Drug Laws Have Failed and What Can We Do About It, Judge Gray provides startling information about drug-related crimes from escalating incarceration rates to drug-related kidnappings. Judge Gray also examines the latest experiments in drug legalization. The thirteen states that have adopted medical marijuana have seen a reduction in crime and an increase in revenue. Judge Gray explains how and why we need to take the profit out of the drug trade. There are viable options at work in other countries. Portugal saw a drop of 50 percent in drug usage by problem users after decriminalization, as well as a drop in children's drug use! This incendiary book will anger readers, but it also provides hope. We can solve some of our medical and social problems by repealing our failed drug laws.

Philadelphia: Temple University Press, 2012. 302p.