We were surprised and impressed recently when we came across alittle known piece of work that shows how a government, well disposed to usingevidence to influence its drug policy, can employ science to make a positive difference.
Earlier this month Steve Rolles and Danny Kushlick attendedan event at the House of Lords. One of the presentations was by Pavel Bem, a conservative MP in the Czech Parliament. He presented the results of an impactanalysis that effectively paved the way for the contemporary Czechdecriminalisation of drug possession in 2002. The initiative was, in effect, a perfect experiment:
Earlier this month Steve Rolles and Danny Kushlick attendedan event at the House of Lords. One of the presentations was by Pavel Bem, a conservative MP in the Czech Parliament. He presented the results of an impactanalysis that effectively paved the way for the contemporary Czechdecriminalisation of drug possession in 2002. The initiative was, in effect, a perfect experiment:
This is the brief history:
- 1993 Governmental Drug Commission
- 1993 1st National Drug Strategy - drugs decrminalised for persoanl possession
- 1998 Criminal Law penalizing possession brought in
- 1999 Impact Analysis Project (PAD) of the New Drugs Legislation (GDC)
- 2002 PAD outcomes prove negative impacts
- 2002-10 New National Drug Strategy and New Penal Code - decriminalises possession
A period of decriminalisation of possession was brieflyinterrupted by recriminalisation. Following an impact analysis of the recriminalisation, showing negativeoutcomes, drugs were decriminalised again.
The following is taken from the TNI’s excellent Drug LawReform in Latin America Website:
The first major post-communist reform of Czech drug laws was completed asearly as 1990. Among other legislative changes that were seen as returns todemocratic and humanistic values, capital punishment and punishment for simplepossession of illegal drugs were abolished.
However, in 1997 a proposal was submitted to the Czech parliament that wouldre-introduce criminal penalties for drug users for possession of any amount ofillegal drugs. The government subsequently submitted its own more modestproposal introducing criminalization of possession, but only for amounts thatwere "bigger than small", which was approved by parliament in April1998.
The law was subsequently vetoed by Vaclav Havel, then president of the Czech Republic.Then, the parliament overturned the president's veto and the amended law wentinto effect on January 1, 1999. Following these turbulent events, the NationalDrug Commission proposed that the government evaluate the impact of the newamendments by means of funding a scientific study.
The researchers were asked to address five hypotheses that the Czechgovernment wanted to have tested. The hypotheses were: "After theintroduction of the penalty for possession of illegal drugs, (1) availabilityof illegal drugs will decrease; (2) number of (prevalence of) current drugusers will decrease; or at least (3) the incidence of new users will decrease;(4) there will be no increase in the negative health consequences related toillegal drugs; and (5) social costs will not increase."
The study, "An Impact Analysis Project of the New Drug Legislation inthe Czech Republic" (October 2001), concludedthat the implementation of a penalty for possession of illicit drugs forpersonal use did not meet any of the tested objectives and was loss-making froman economic point of view.
The importance of this social experiment cannot beunderestimated. It shows that ifgovernment is willing to operate according to evidence then the policy changecan be made in accordance with it.
Whilst this was not a full impact assessment as weunderstand it, (for instance, it didn’t explore the possibility of legal regulation)it is important to know that this kind of work is possible to conduct and thatif done well, it can affect policy decisions.
Impact Assessment can be conducted at all levels of government, from city to transnational. We call on policy makers at every level to ensure cost-effectiveness of expenditure and demonstrate that key impacts are being achieved. And we ask drug policy activists to pressure them to do so.
Impact Assessment can be conducted at all levels of government, from city to transnational. We call on policy makers at every level to ensure cost-effectiveness of expenditure and demonstrate that key impacts are being achieved. And we ask drug policy activists to pressure them to do so.
For more on Impact Assessment:
- Transform has a long standing call for Impact Assessment,supported by a wide range of individuals and organisations.
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