illicit drug use in the eu: legislative approaches - EMCDDA - Europa

EMCDDA thematic papersIllicit drug use in the EU: legislative approachestrafficking, and the transfer of drugs other than for profit, which would be treated in the sameway as action deemed to constitute personal consumption ( 33 ).The final text makes the same distinction, excluding from the scope of the framework decision(trafficking on drugs) all conduct ‘committed by its perpetrator exclusively for their own personalconsumption as defined by national law’ (Article 2(2)).The European Parliament has debated several times the problem of cannabis, and in particularwhether its use should be decriminalised. For example, the 1997 D’Ancona report ( 34 ) suggestedthat the trade in and production of cannabis and its derivatives be regulated. In 2003, the VanBuitenweg report ( 35 ) proposed a recommendation on the reform of the drugs conventions, whichurged the Council and the EU Member States to ‘take account of the positive results achievedin a number of countries by putting in place policies based on [...] decriminalising the use ofcertain substances, partially decriminalising the sale of cannabis and its derivatives [...]’ ( 36 ). TheEuropean Parliament did not adopt the two reports, possibly owing to the differences on thesematters prevailing within the Union.More recently, the European Union Governments manifested their concern about cannabis withthe endorsement of a Council Resolution (July 2004). The text underlines the dangers posed bycannabis use and shows the resoluteness of Member States to maintain the attention on cannabishigh. The Resolution confirms that this concern will be considered in the new EU drugs strategyand plan ( 37 ).( 33 ) Proposal for a Council framework decision laying down minimum provisions on the constituent elements of criminalacts and penalties in the field of illicit drug trafficking – COM/2001/0259 final – CNS 2001/0114, Official Journal NoC 304 E of 30 October 2001, pp. 0172–0175. Article 1(1) defines drug trafficking as the act, without authorisation, ofselling and marketing as well as, for profit, of cultivating, producing, manufacturing, importing, exporting, distributing,offering, transporting or sending or, for the purpose of transferring and for profit, of receiving, acquiring and possessingnarcotic drugs or psychotropic substances. The Commission proposes that the scope of the framework decision shouldexclude (i) simple users who illegally produce, acquire and/or possess narcotics for personal use and (ii) users who sellnarcotics without the intention of making a profit (for example, someone who passes on narcotics to their friends withoutmaking a profit.( 34 ) Rapport sur l’harmonisation des législations des Etats membres en matière de drogues, A4-0359/97 of 11 November1997.( 35 ) Report of 10 April 2003, the European Parliament rejected it with 169 votes in favour, 267 against and 13abstentions.( 36 ) The concepts of ‘decriminalising’ and ‘partially decriminalising’ are not defined in this proposal for a recommendation(Proposal for a Recommendation on the Reform of the Conventions on Drugs, B5-0541/2002 of 23 December 2002,p. 5).( 37 ) The Council of The European Union, Council Resolution on Cannabis, Brussels, 7 July 2004, 11267/04 CORDROGUE59.11