Legalization of marijuana use in comparative criminal legislation

According to Opinion of the Plenum of the Supreme Court of the Russian Federation of June 15, 2006 No. 14 (as amended on June 30, 2015) “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances”: “In cases where a narcotic drug or psychotropic substance included in List II and List III is mixed with any neutral substance, the determination of the quantity of a narcotic drug or psychotropic substance is made without taking into account the amount of neutral substances contained in the mixture”.

If the need for narcotics is characterized by constancy, then it has not to do with episodic crimes, but with criminal activity aimed at obtaining narcotics On occasion of resolving the issue of rehabilitation of persons who use narcotics, Federal Narcotics and Psychotropic Substances Act of 1998 does not differentiate two fundamentally different groups of drug users: a) persons who have already became addicted (drug addicts) and b) persons who, although illegally using narcotics, do not yet suffer from drug addiction (episodic users). According to statistics, this group includes 60 % of youth 15-18 years old who are on medical records, as drug addicts. They are not the persons ill of drug addiction, which are discussed in the chapter VII of this Act, but they no less need medical treatment, psychotherapy and medico-social rehabilitation (D'iachenko, Tsymbal 2000, 102-103).. This includes, not only the commission of crimes determined by Art. 228, 229 and 233 of the Russian Criminal Code, but also the commission of other crimes, directed to acquiring of a property in order to obtain narcotics -- Art. 105 (Section 2), 158, 161, 162. etc. (Kriukov 2007, 434).

Conclusions

By careful analysis, based on clearly set criteria, it has been conducted a review of the important elements of legalizing marijuana use, that could contribute to a better understanding of this topic. Considering the still-present disagreements, the results of this study may be a valuable landmark for legislators and other decision-makers in the increasingly common processes of auditing and regulatory upgrading of national legal systems. The examination of the important characteristics of each legislation which supports this initiative, has shown a high degree of coinciding. On the other hand, UN international drug control conventions in Russia are implemented in a universal and consistent way, without collisions that would make countering the drug related crimes insufficiently efficient or impossible.

In the United States, the use and possession of cannabis is illegal under federal law for any purpose, by way of the Comprehensive Drug Abuse Prevention and Control Act of 1970. Art. 202 (a) states that there are established five schedules of controlled substances. Marihuana is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use in treatment. The severity of the penalties depends on the type of controlled substance involved.

According to Art. 841 (b) of the 21 United States Code, the most severe penalties are reserved for high-volume trafficking of eight substances assigned to Controlled Substance Schedules I and II, among them marijuana. If the Marijuana Opportunity Reinvestment and Expungement Act passes the Senate, marihuana and tetrahydrocannabinols shall each be deemed to be a drug or other substance that does not meet the requirements for inclusion in any schedule. Unlike the American official draft, Mexican bill does not recommend legalization, which implies the total elimination of any crime related to the activities coherent to cannabis. Sentencing for violations of law is governed by the weight of the substance involved. In Canada, the use and possession of cannabis was illegal under the Narcotic Control Act and Controlled Drugs and Substances Act for any purpose, but then the regulation of non-medical use of drugs continued under neo-liberalism in lockstep with United States. The Canadian Cannabis Act, so as Uruguayan law, has established general authorization or the system of licenses needed for the production, distribution and sale. This legislative measures are opposite to decisions of CND and INCB, because marijuana is on the list of drugs banned for non-medical use. According to studies of WHO, marijuana use can lead to the development of a substance use disorder, a medical illness in which the person is unable to stop using even though it's causing health and social problems. In the Russian Federation, all deeds related to narcotic drugs which were committed on a significant, large and an especially large scale, and also all acts coherent to traffic of narcotic drugs, regardless of its scale, are regulated by Criminal Code of Russian Federation. Otherwise, there will be applied an administrative law.

Informative, medical, educational and administrative means are officially insufficient, which is why they must be synthesized by criminal legal measures. Significant results in countering the illegal trade of narcotics can be achieved only on the basis of a complex approach which includes an effective combat against drug trafficking and the detection and liquidation of illegal drug production. Major representatives of a narco business must be held criminal liable in order to protection of social interest and achieving a flexible and versative system of providing medical treatment to drug addicts.

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