Pubdate: Sat, 21 May 2011
Source: Krakow Post (Poland)
Copyright: 2011 Lifeboat Limited, UK Registered Company 5351515
Contact:  http://www.krakowpost.com/
Details: http://www.mapinc.org/media/5265
Author: Anthony Casey

SHAKE UP FOR POLAND'S DRUG LAWS

Drug workers in Krakow have welcomed national moves towards a 
liberalisation of laws on possession, but warned that the government 
needed to clarify the new position and make further amendments to the law.

The Polish parliament voted to allow public prosecutors to waive 
charges against anyone caught in possession of some banned 
substances, such as cannabis, as long as it was a first arrest, and 
it was a "small amount" for personal use. But the amendment also 
provided for tougher sentences for drug dealers.

However, the amendment passed last month did not specify exactly how 
much constituted a "small amount." In all, 258 MPs voted in favour, 
159 against, and 6 abstained. Most who voted against were members of 
the opposition party Law and Justice (PiS). However, until the new 
amendment takes effect, which is expected to be six months from now, 
Poland's drug policy will remain one of the toughest in Europe. 
Possession of even a small amount of drugs can result in a three year 
prison sentence.

Dr Mateusz Klinowski, Chair of Legal Theory at the Jagiellonian 
University's Department of Law and Administration, said the 
amendment, on paper, "seems quite modest, and even marginal."

Dr Klinowski added that, although prosecutors now had a duty to 
collect information about those detained with drugs, the police could 
continue to make arrests for possession at any level.

He said: "Though the amendment doesn't seem to be a major 
breakthrough, at least it creates hope of future reforms. The first 
step has been taken and now it is public opinion and non-governmental 
organisations which have to advocate rational solutions and efficient 
law that will be aimed primarily at prevention and treatment, rather 
than at penalising possession."

Reporting on the amendment, the International Drug Policy Consortium, 
which aims to promote open, balanced and reasoned debate about drug 
use, said: "While this is only a small change, it is nevertheless a 
step in the right direction."

Krzysztof Kwiatkowski, Justice Minister, said it was still an offence 
to possess any kind of banned drug. But, he confirmed, the amendment 
meant prosecutors must now investigate each individual case to 
determine the level of drug use of the detainee, their past record, 
and the possibility of treatment programmes in lieu of punishment.

Mr Kwiatkowski told the Polish press: "We have increased the criminal 
responsibility for those who sell death, in order to provide for more 
effective prosecution. Police should concentrate on the pursuit of 
drug dealers and not drug addicts. We should focus on providing 
treatment for such people."

The government is also cracking down on the use of 'smart drugs' or 
'legal highs' ('dopalacze' in Polish). These are substances that are 
not banned but are used by some as recreational drugs  despite often 
being formulated for use on animals and plants and therefore 
potentially fatal. There have been 40 deaths attributed to the use of 
smart drugs, but Health Minister Ewa Kopacz said there had been no 
fatalities since last October. Many shops selling smart drugs have 
been closed down, although some have transferred their business to 
the Internet. The forced closures have been backed by an educational 
campaign aimed at young people.

Grzegorz Wodowski, of MONAR in Krakow, part of a national drug 
support and rehabilitation organisation, advocates a practical and 
humanitarian approach to drug use  rather than punitive measures 
across the board.

Mr Wodowski said that while the amendment (article 62.a) allowed 
public prosecutors to stop an investigation, two key questions remained.

The first was the definition of a "small amount" of drugs and whether 
police would recognise this uniformly. The second, said Mr Wodowski, 
was whether article 62.a would work in practice, or whether it would 
be a 'dead article.'

Mr Wodowski said: "Similar drug laws work in Germany, but there are 
different rules in the German justice system. For instance, when the 
system there doesn't have to punish someone, then usually it doesn't 
do so. It is the other way around here. At the end of the day, you 
can say that the new law is based on hope. Big hope."