The final chapter argues that decriminalization is insufficient; the path forward lies in legalization and the regulation of all stages of the drug economy, both to mitigate the health risks posed by psychoactive substances and to dismantle the criminal monopoly over drug markets, noting that many alarming arguments against legalization have not been confirmed in practice. It discusses ways to circumvent prohibitionist international regulations and reviews recent developments in the field. This chapter proposes a gradual legalization strategy, adjusted to each substance and to the realities of each local context. It also makes clear that policies promoting health and well-being, while respecting individual autonomy, remain essential in addressing problematic consumption. Given the urgency of the issue, this chapter finally sets out guidelines for reducing the harms of current prohibitionist criminal policy through judicial interpretation designed to contain punitive power, grounded in a critical humanistic understanding of criminal law.

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Toward Regulation

  • Thereza Cristina Coitinho das Neves

摘要

The final chapter argues that decriminalization is insufficient; the path forward lies in legalization and the regulation of all stages of the drug economy, both to mitigate the health risks posed by psychoactive substances and to dismantle the criminal monopoly over drug markets, noting that many alarming arguments against legalization have not been confirmed in practice. It discusses ways to circumvent prohibitionist international regulations and reviews recent developments in the field. This chapter proposes a gradual legalization strategy, adjusted to each substance and to the realities of each local context. It also makes clear that policies promoting health and well-being, while respecting individual autonomy, remain essential in addressing problematic consumption. Given the urgency of the issue, this chapter finally sets out guidelines for reducing the harms of current prohibitionist criminal policy through judicial interpretation designed to contain punitive power, grounded in a critical humanistic understanding of criminal law.