Navigating Drug Regulation: Key Moments, Concepts & Next Steps

1. www.tdpf.org.uk Steve Rolles Steve@tdpf.org.uk

2. About Transform

3. Context • Debate on regulation of drugs has moved decisively from margins to mainstream • No longer just a theoretical debate – or limited just to decriminalisation; reform being debated, developed and implemented in multiple jurisdictions • Regulation now a core part of discourse – vital that we are able to support and inform debate in a coherent and positive way • But....regulation only one part of the jigsaw

4. Key recent moments • 2011 Global Commission encourages ‘experimentation by governments with legal regulation of drugs’ • 2012 – Latin heads of state back debate on regulation • 2012 – Washington/Colorado vote to legalise cannabis • 2013 – New Zealand passes NPS regulation Bill • 2013 – Uruguay Govt legalise and regulate cannabis • 2013 – US majority support for cannabis regulation • 2014 – Oregon and Alaska vote to legalise cannabis • 2014 – US floats treaty flexibility argument • 2015 – Canada announces cannabis legalisation • 2015 – Mexico supreme court case

5. Decriminalisation • Often confused with legalisation • No formal legal definition • Generally understood as the removal of criminal sanctions for use or possession for personal use • Focus is on decriminalising the person – not the drug • Still and offense, and non-criminal sanctions remain (such as fines or treatment assessments) – as does confiscation • Wide variety of policy & practice – difficult to generalise • Distinction between de facto and de jure decriminalisation

6. Depenalisation • Generally refers to reducing or eliminating penalties for possession or other minor offenses • Mostly best avoided – confusing and unhelpful • Translation issues in international discourse.

7. Legalisation / regulation • ‘Legalisation’ is a misunderstood and maligned term – best avoided • ‘Legalisation’ is a process – not a policy position • Legally regulated markets (production and supply/availability) – are the policy being advocated • So more useful to talk about ‘legalisation and regulation’ or ‘moving towards legally regulated markets’

8. Talking about regulation

9. What is regulation? • Regulation of risky products and behaviours is a primary function of government. Motive is public good. • Distinction from ‘free markets’, or illegal markets regulated by entrepreneurs for whom motive is profit • Regulation is the norm (Prohibition is the radical experiment) • Regulation model shaped by risk and environment – no one size fits all model • Activities outside of regulatory framework remain prohibited

10. What can we regulate? • Production and transit • Products: dosage, preparation, price and packaging • Vendors: licensing, training requirements • Outlets: location, appearance, hours of opening • Marketing: advertising, branding, promotions • Buyers/Users: Who has access? - age controls • A flexible menu of options – applied to different products in different environments (see Blueprint)

11. 5 models of regulation • Medical prescription and supervised venues e.g. OST • A specialist pharmacist sales model e.g. OTC Rx • Various forms of licensed retail e.g. off-licenses • Licensed premises for sale and consumption e.g. bars, coffee-shops • Unlicensed sales e.g. coffee, coca tea

12. Regulation in practice: Cannabis • Netherlands – long standing but problematic • US state models – more commercialised • Uruguay – stricter Govt controlled model • Spain – non-profit cannabis social clubs

13. Regulation in practice: Other • Heroin prescribing – and other drug of choice prescribing • New Zealand – NPS Regulation Bill • Tobacco and Alcohol – WHO best practice • Regulation of other forms of vice (inc. gambling and sex work) • Regulation of medicines/pharmaceuticals

14. Key messaging • Emphasize the idea of ‘retaking control’ • Regulate drugs because they are risky – not because they are safe • Regulation is not a pancea / silver bullet • Change will be phased / incremental