www.hempcity.net

[Gnom]

We have it now !!! A little add to federal law - no prison for personal use MJ ! And the penalty for a BIG doze... penalty, no prison !
Its very small step, but its first step on the long road... i hope, we will see the light at the end of the tunnel...

[cannabinol]

That looks good, progress at last...

Spain has the same system, I live there now, Russia will be a better place for us peole now too!
Thanks for letting us know!!
_________________
In Cannabis Fidelis

[CoolZero]

This is good news, ... ! Now let's hope it will also be arround the globe
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Axia et Resona
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[dapoopa]

Hate to burst your bubble here...but I feel a little clarification is in order. Yes, the Russian criminal code was amended in December, but in terms of marijana the minimum amount that is considered illegal has yet to be set. The Duma has three months in which to do so, which means we should know soon enough. All we have at this point is a commission that said 15 mg of cannabis was enough to get a laboratory mouse intoxicated. The human equivalent must now be determined, but I doubt the new figure will be much different than the old one. After all, this decision will be a political one, and before the presidential election Putin will simply not allow the drug issue to harm him politically.

Hope I'm wrong here, and I'll keep this board updated.

dapoopa

[dapoopa]

After having done some further investigation and thought about things a bit more, I am now somewhat more optimistic about decriminalization of marijuana use in Russia. Anyway, here is a brief overview of where the issue stands at this point in time.

Last December 11 President Putin signed into law amendments to the Criminal Code of the Russian Federation that are intended to significantly liberalize the country's draconian drug laws. In particular, the new version of the Code will determine the "average single dose" of various illegal psychoactive substances. Crucially, possessing less than ten times this dose (considered a "large amount") would no longer automatically lead to imprisonment, but instead be considered an administrative infraction carrying a fine of between five and ten times the minimum wage (currently 450 rubles, or $16). Possession of an "especially large amount" (considered fifty times or greater than the average dose) with no intent to distribute would imply a fine of between 2,500 and 40,000 rubles ($90-$1,400) with the possibility of remedial social work instead of jail time.


Within three months' time from official publication of the law (i.e. by March 12), these doses must be determined by the authorities and written into law. The key issues here are how these doses will be determined and who will be making the decision. Incredibly, the old criminal code treated 0.1 gram of marijuana (Russia’s most widespread prohibited drug) as a "large amount", the possession of which could land you in prison for up to three years. Indications are that the Health Ministry's Permanent Committee for Narcotics Control under the chairmanship of Professor Eduard Babayan may play a key role in setting the new official figures.

The aim of this revision of the Code is apparently to significantly cut back on the sentencing of non-violent drug offenders in order to help alleviate terribly overcrowded and disease-ridden conditions in the country’s prisons. Along these lines, it stands to reason that these doses will be set at sufficiently high levels so as to indeed reduce the number of drug arrests and prosecutions (which, it should be noted, have been an increasing financial and administrative burden, not to mention the negative social consequences of removing a percentage of the population from the labor and demographic pool).

Having said that, the recent actions of the State Narcotics Control (or GNK, which is largely the successor organization to the Tax Police) to combat what it considers to be pro-drug propaganda (such as images of marijuana leaves on commercial billboards, websites, beer bottles, and even T-shirts) is particularly puzzling in light of the spirit of this new legislation. Having said that, it may be indicative of a two-pronged approach by the authorities to discourage drug use (albeit in a fashion that raises the issue of freedom of expression) while easing its criminal penalties. Some official commentary regarding this apparent contradiction would be helpful in gaining a better understanding of the broader policy objectives.

It should be noted that certain areas of the Code under Article 228 were toughened, particularly penalties for the production, distribution or sale of large amounts of illegal substances. This illustrates one general aim of the new legislation, which is to draw a line between the country’s millions of non-violent consumers of drugs and the relatively few who make a living producing and distributing them. In this respect, the changes represent a clear step forward for Russia, and one that can serve as an example for other countries to follow.

Indications are that the authorities have asked for advice from experts serving on European and United Nations narcotics commissions. One can only hope they will reflect upon the experiences of countries such as the Netherlands, Switzerland and most recently Great Britain, which already have several years of social experimentation under their belts, and notwithstanding the arguments of those who believe that Russia’s vaguely defined “special characteristics” must be considered when elaborating drugs policy.

Many hundreds of thousands of people are still languishing in Russian prisons after having been convicted under the old law. However, after March 12, those already in prison may be able to appeal their convictions retroactively on a case-by-case basis. Lev Levinson, an expert on Russian drug policy, has estimated that these changes could effectively reduce the future prison population by 150,000, while another 200,000-300,000 people already serving sentences could see them reduced or dismissed altogether. Such a result would significantly shrink the breeding grounds for two of Russia’s most threatening diseases, tuberculosis and HIV/AIDS. The question here is whether the country’s under-funded and over-burdened court system can handle the inevitable avalanche of petitions for clemency.

Concerns have also been raised about certain amendments to the Code that seem vague in terms of distinguishing between individual and group drug use. Under the new laws, an entire group of individuals (e.g. several people in a car) could arguably be charged with conspiracy to distribute following the arrest of a single member carrying a sufficiently large amount. It is debatable what would happen if the authorities somehow failed to determine the doses before the new Code enters into force on March 12th. And finally, procedural questions have been raised about this process following the recent dismissal of the Kasyanov government and his ministerial appointees.

Whatever the outcome, President Putin should be applauded for having set in motion the steps that led to the adoption of Russia’s new Criminal Code. It is hoped that the amended laws will reflect social realities and have a real impact as part of the authorities’ ongoing efforts to battle the urgent problems posed by “hard” drugs such as heroin, cocaine and methamphetamine. And in light of the country’s deepening demographic crisis, it goes without saying that the authorities should subsequently undertake a more determined health campaign to educate the public about the hazards of what are arguably the most endemic and pernicious drugs of them all, nicotine and alcohol.

[dapoopa]

Last Friday the Duma delayed by two months a decision on the sizes of the "average single doses" of various psychoactive substances. These doses would have been written into the new Criminal Code, which takes effect on Friday, March 12.

The previous amounts, which were enough to put you in a Russian prison for up to three years (e.g. 0.1 gram of cannabis, 0.0001 gram of heroin, compared to 2.5 grams and 0.1 grams in Portugal, respectively), were again suggested by the State Narcotics Control, the Health Ministry and the MVD. However, the Justice Ministry and the Presidential Human Rights Council took a firm stand and thankfully forced a delay. Otherwise, the previous draconian laws would have remained on the books, thereby undermining the original intention of the amendments signed by President Putin in December.

The doses will now be determined by a special council comprised of various experts in several fields. One can only hope they will come to reasonable conclusions based on sound, professional criteria.

[dapoopa]

[b]Correction/Update: Russia's New Drug Law Held Up, Due to Go Into Effect May 12 3/19/04 [/b]Last week, DRCNet reported that a new Russian drug law that would remove the possibility of jail or prison sentences for drug users or possessors had gone into effect (http://stopthedrugwar.org/chronicle/328/russia.shtml). We jumped the gun. The law has been delayed for two months while different agencies within the Russian government squabble over what constitutes an "average dose" of various illicit substances, the Russian Harm Reduction Network and members of the Russian Radical Party told DRCNet this week.

Although, as DRCNet reported, the Russian Duma had passed the changes -- amendments to the criminal code of the Russian Federation -- in November, and President Vladimir Putin signed the bill December 11. With the law set to go into effect on March 12 -- 60 days after Putin's signing -- it was derailed by another Duma vote on March 5. In that vote, the Duma gave the government another 60 days to settle the dispute over "average doses."

Under current Russian law, possession of even a single marijuana cigarette can garner a prison sentence of up to three years. But with Russian prisons overflowing and somewhere between 200,000 and 300,000 drug offenders contributing to the prison crisis, the Duma and the Russian government have shown themselves open to a new approach to drug use and drug users.

Under the amendments passed in November, the law will make distinctions between users and small-time dealers and large-scale traffickers. The severity of offenses will be determined by the quantity of drug at hand, with possession of up to 10 times the "average single dose" no longer considered a crime but an "administrative infraction." Possession of between 10 and 50 times the "average single dose" is punishable by a larger fine and community service, but again, no jail or prison time. Small-scale dealers will find themselves protected against drug trafficking charges by this second provision -- unless they get caught in the act of selling.

What held up the law is the battle royal being waged by recalcitrant prohibitionists, particularly within the Russian equivalent of the DEA, the Federal Drug Control Service, to define the "average single dose" in quantities so small as to render the reform meaningless.

"The agency responsible for setting new doses is the Ministry of Health," said Vitaly Djuma, head of the Russian Harm Reduction Network, "but using its status as a state security agency, the Federal Drug Control Service (FDCS) tried to push through its own determinations where, for example, a single dose of heroin was 0.0001 gram, thus turning all drug users once again into 'drug dealers.' This could not only nullify the humanizing of legislation by the Russian administration but also directly threaten the safety -- and lives -- of millions of Russians who use drugs."

Under the quantities proposed by the FDCS, the "average single dose" of marijuana would be 0.0015 grams. With a standard joint weighing in at about one gram, possession of a single joint would make the possessor subject to penalties for drug dealing because one gram exceeds 50 doses (0.75 grams) by the FDCS standard. Similar, absurdly low "average single doses" are set for other drugs as well. An independent committee of experts has recommended that the "average single dose" of marijuana be a more reasonable one gram.

"These quantities are unrealistically low and appropriate only for laboratory mice," said Dmitry Zlotnikof of the Russian Radical Party, which has been following the process with great interest. "It is unclear why the government sabotaged itself with these unrealistic doses," he told DRCNet, "but it appears it is because of the lobbying action of the state drug mafia, the presidential elections held last Sunday, and the formation of a new cabinet of ministers."

The Russian Harm Reduction Network, the NAN Foundation, and the New Drug Policy Alliance created the group of independent experts to set more accurate dose levels and to prevent the adoption of the FDCS proposal, said Djuma. "The law was intended as leverage to soften Russia's previous extremely repressive drug policy," Djuma wrote in an e-mail. "We have turned for support to the Ministry of Justice and the Commissioner of Human Rights, and some other high-level officials also supported us," he said.

Indeed, in a March 11 letter to the Russian government, Ella Pamfilova, the Russian Human Rights Commissioner, urged the government to adopt more reasonable standards. "The Commission on Human Rights under the President of the Russian Federation believes that approval of above-mentioned drug quantities would directly distort the will of legislators who introduced a strictly differential approach between drug users and those who deal drugs," she wrote, in a translation provided by Djuma. "The Commission of Human Rights can attract experts who are ready to render assistance in developing the draft list of drug sizes. In this connection, the Independent Expert Council with the NAN Foundation has developed an alternative version of the table. We ask you to take into account the stated remarks when drafting the government's order on approval of the doses table."

Now the government has 60 days to arrive at new standards for "average single doses," and Djuma said it will be settled this time around. "I don't think we will see another delay," he told DRCNet. "This happened because of the presidential election. No one wanted to take responsibility for the tough standards before the elections, and on the other hand, no one wanted to take the risk of being progressive, either. But now there is no possibility that the law will not go through, although it will be a tough issue and whatever doses we might suggest, we will always have opponents in the government."

The issue bears close watching. What could be a groundbreaking, progressive new approach to drug use and drug users in Russia is still in danger of being sabotaged by Russia's drug warriors. When the battle over doses is settle, we will let you know the results.

In the meantime, the FDCS has been stalwart in its opposition to any loosening of laws or attitudes about drugs in Russia. In November, Djuma reported, the anti-drug agency issued a letter in which it referred to harm reduction as "propaganda for drug use" and suggested local FDCS offices file administrative or criminal charges against harm reductionists. The movement orchestrated a protest campaign in response, said Djuma, and as a consequence, FDCS has since said it will not oppose the introduction of needle exchange programs.

But now, the narcs are going after books. According to the Radicals' Zlotnikof and reports in the Moscow Times, the FDCS has ordered that Lester Grinspoon's classic "Marijuana: The Forbidden Medicine" be pulled from the shelves as drug propaganda. At a Tuesday news conference, Ultra Kultura, which published the Russian translation, accused the government of censorship.

"Society has a right to access to information," Ultra Kultura editor Vladimir Kharitonov said. "The government is starting to interfere in ways we have not seen for a long, long time."

The narcs don't get it. What they are doing is not censorship, said FDCS deputy director Alexander Mikhailov, drawing a very fine distinction in an interview with Kommersant the same day. "We're tracking adherence to laws and leading an uncompromising battle against drugs," he said. "Censorship is interference in the stage of preparation to publish books and printed materials. We don't do that."

Authoritarian habits die hard. Other sectors of the Russian security services have strongly suggested to book distributors that they not carry "Extreme Islam," by Adam Parfrey, publisher of the US-based Feral House, and "Allah Dislikes America." And the drug fighters are also eying more titles, including Alexander Shulgin's PIHKAL, a compendium of psychedelic recipes, and, less understandably, "Storming Heaven," a social history of LSD by Martin Lee, according to Ultra Kultura.

[Virgil]

The media in the US always looks inward when it does bother to report real news instead of manufacturing some controversy as a distraction. The content of the above posting was copied to http://www.cannabisnews.com/news/18/thread18526.shtml#1 because no such information is conveyed through the conglomerate media that hides the facsist and imperialism of America from a trusting public.
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We are slaves to the corporations and the government is the overseer.

[dapoopa]

Apparently the advocates of a liberal decriminalization regime on this conciliatory commission are suggesting the Danish model. I am not sure about the specifics, but if I am not mistaken it is one of the most liberal in Europe.

Of course, Russia's Internal Affairs Ministry, the State Narcotics Control and the Health Ministry are advocating a zero-tolerance policy, and even suggested to decrease the doses by hundreds, and in some cases thousands of times. This would obviously undermine the whole point of the new legislation.

This commission apparently met for the first time two weeks ago, but a final decision is not expected for several more weeks. But one will have to be made by May 12 at the latest.

However, the liberal viewpiont should win out, even if not 100%, following Putin's reshuffle of the government, which placed Dmitry Kozak and Alexander Zhukov in top positions. These two spearheaded the idea of liberalizing the Criminal Code in the first place, and are now Head of the Presidential Administration and Deputy Prime Minister, respectively. So the position of the liberal advocatese has been strongly reinforced.

Interestingly, a somewhat well-known talk show host who used to live in the U.S. for many years, Vladimir Pozner, has come out in favor of legalizing all drugs. Good to see someone with his celebrity shake up the public debate here in Russia.

[Virgil]

Thanks for HempCity for providing the messageboard and thanks to dapoopa for the news from Russia. The comment above made this Monday was copied in its entirety to http://www.cannabisnews.com/news/thread18552.shtml#16
_________________
We are slaves to the corporations and the government is the overseer.

[dapoopa]

On May 6 Russian Prime Minister Fradkov approved the size of "average doses" as part of its sweeping drug liberalization. The law goes into effect today, May 12.

From now on personal possession of the following amounts or less will no longer be subject to jail time, just an administrative fine:

Heroin 1.0 gram
Cocaine 1.5 grams
Marijuana 20 grams (dried)
Marijuana 280 grams (undried)
Hashish 5 grams
Ecstacy 0.5 gram
Methamphetamine 0.5 gram
Mescaline 0.5 gram
Ketamine 1.0 gram
Morphine 0.1 gram

But mixtures are still a gray area, which would affect impure doses. Also the figures for LSD (0.003 gram) and psilocybin (0.05 gram) seem problematic.

Anyway, this is a major step forward, and I am very proud of what the Russian government has accomplished here. This should help relieve the country's overcrowded prisons, which in turn should help reduce the prevalence of tuberculosis and the spread of HIV. Not to mention the issue of personal freedoms and the shift from treating drug abuse as a health issue instead of a criminal justice issue.

[dapoopa]

Here is the story on Russia's sweeping drug decriminalization, hot off the virtual press.

No More Jail Terms for Drug Possession

By Carl Schreck

Moscow Times Staff Writer www.moscowtimes.ru

Under a new law that came into effect this week, drug users can possess a greatly increased amount of an illegal substance -- for instance, 20 grams of marijuana or 1.5 grams of cocaine -- without the risk of being thrown in jail.

The law has been criticized by the Federal Anti-Drug Service, which says it hampers the battle against drugs, but praised by those who work to rehabilitate drug addicts, who predict more addicts will now seek help.

President Vladimir Putin signed an amendment to the Criminal Code in December stipulating that possession of no more than 10 times the amount of a "single dose" would now be considered an administrative infraction rather than a criminal offense. Punishment would be a fine of no more than 40,000 rubles ($1,380) or community service.

It then took five months to hammer out what would be considered the single dose of various drugs.

Ten times the amount of a single dose, as set in the government resolution that came into effect Wednesday, is 20 grams of marijuana, 5 grams of hashish, mescaline or opium, 1.5 grams of cocaine, 1 gram of heroin or methamphetamine, and 0.003 grams of LSD.

Anyone caught in possession of these amounts or less cannot legally be detained, a spokeswoman for the Moscow branch of the Federal Anti-Drug Service said. Instead, a report will be filed and the fine will be determined by a court.

This is a major change. Under the old standards, someone caught with 0.1 grams of marijuana, for instance, could be punished by incarceration.

Foreigners, even those with deep pockets, should still take the new law seriously, however. Yelena Zhigayeva, a lawyer at the Moscow law firm Haarmann Hemmelrath & Partner, said that by law foreigners who violate Russian drug laws, even if it is only an administrative infraction, can be expelled from the country or denied re-entry.

Alexander Mikhailov, deputy head of the Federal Anti-Drug Service, was indignant about the resolution.

"The heroin dose is normal for a chronic drug user, but for a regular person it's nonetheless a dose of potassium cyanide," Mikhailov was quoted as saying in Kommersant on Thursday. "We were categorically against it, but the Justice Ministry simply went crazy chasing its European standards.

"Now drug addicts have the right to run around with their pockets full of marijuana, and we can't even detain them."

A spokesman for the Federal Anti-Drug Service was more diplomatic. "It's the law, and we are required to abide by it and enforce it," he said by telephone.

The amounts for single doses were recommended by a group formed by the State Duma's Legislative Committee that included representatives from the Health, Justice and Interior ministries, the FSB and several NGOs.

Lev Levinson, head of New Drug Policy, an advocacy group for drug law reform, was the coordinator of the group. "This is a brave, humane law," Levinson said. "Now that police will stop persecuting users, they can start focusing on real threats like large-scale drug trafficking."

Vitaly Zhumagaliyev, head of the Moscow bureau of Harm Reduction, which works to rehabilitate drug addicts, said the new law will provide a boost to his organization's activities.

[dapoopa]

Now for a little background info on this story. Back in March I wrote a letter to the editor of the Moscow Times after having researched Russia’s decriminalization laws online. At the time I was surprised that no English language media had covered this story yet. Carl Schreck then gave me a call and we talked a bit about this for another article he wrote for the MT on the drug police raiding nightclubs in Moscow (which is where I live).

Then came news that the government had delayed a decision on determining the "average doses" for another two months. I believe the liberal faction won out in the end partially because the government wants to cut down the size of the drugs police as part of their broader administrative reform efforts. The State Narcotics Control (GNK) currently numbers about 40,000 officers (i.e. nearly as large as the DEA), and it is estimated that this new law may reduce their drug arrests by as much as one-third, i.e. less justification for so many officers. So I think the jobs aspect is really where the opposition to this new law is coming from, which mirrors my belief about the situation in the U.S. as well. I agree that drug war = jobs program.

Also, it is important to note that a member of the Rodina (Motherland) party in the Russian State Duma (the lower house of parliament) has already put together a bill that challenges this new legislation, and a separate attempt may be made to amend the criminal code to do away with the idea of "average doses" altogether. Personally I think their chances of success are low, since this law was spearheaded by the current head of the Presidential Administration Dmitry Kozak as well as Deputy Prime Minister Alexander Zhukov, not to mention that it was signed by President Vladimir Putin and Prime Minister Mikahil Fradkov. Also, the Rodina party only has 10-13% of seats in the Duma. Whatever the eventual outcome, this story is not yet over. Indeed, it would be naive to think that the anti-reform elements in the government would give up the fight so easily.

There is also a question about the fines. The figure of $1,400 is actually the fine for possession of an amount equal to more than 10 average doses (a “large amount) but less than 50 doses (beyond which is considered an “exceptionally large amount”) without intent to distribute. The fine for less than 10 doses is only about $200 at a maximum (i.e. 5-10 times the minimum monthly wage). Plus there is the alternative possibility of 15 days of "administrative arrest" for more than 10 doses, but this does not apply to minors, invalids, pregnant women, or mothers with children less than 14 years old. Also, in my view the police would much rather collect fines, since the penalty is a fine or arrest, but not both. This is what they were doing anyway under the previous system, with the difference being that these “fines” were merely bribes to get someone out of jail, and they were much larger in any event (a few thousand dollars usually).

So although there might be a “net-widening effect” as a result (as with the now-dead Bill C-10 in Canada), in my view this is absolutely preferable to the prospect of a long prison sentence. Especially in Russia.

Moreover, and I think this is particularly relevant, Russia's new criminal code does not allow the confiscation of property related to the commission of a crime, drug-related or otherwise. In my view, this is one of the major reasons why the drug war continues to be prosecuted in the U.S.

Lastly, one should be aware that in Russia, passing a law is one thing, but implementing it is quite another. So it will take some time for the police to get used to the new laws, but at least judges will have to follow the new guidelines. And the whole idea of the new law is that drug users will not have to face a judge in the first place. This is a major difference.

I will keep this and other online boards informed about further developments. But for the time being, this is certainly great news over here – a 21st century Russian revolution if you will. Now what we need is some follow-through back home in the U.S.

[dapoopa]

No sooner had I posted my latest message than I read in the local Russian press that the Duma today never even got around to discussing, yet alone voting, on their resolution that would have appealed to Russian Prime Minister Fradkov to lower the amounts of "average doses".

Now at this point we should take a broader look at what's going on here. Russia is currently deep in negotiations with the WTO about membership, which will definitely occur by the end of next year. The EU is of course a major part of this dialog. Hence, it would stand to reason that Russia has a vested interest in bringing their drugs policy even somewhat into line with that of most of Europe. Otherwise, they end up looking like extremist America.

And since Prime Minister Fradkov used to be Russia's envoy to the WTO in Brussels, my sense is that he is keenly aware of how successful rational drugs policies can be given proper implementation. And we should not forget that President Putin lived several years in East Germany (yes, as a KGB spy), but lo and behold Berlin is now on the verge of a major decriminalization initiative as well.

So there's no doubt in my mind that Putin is on board with the new drugs policy agenda. Despite what the Western media makes him out to be (with the blatant exception of his handling of the Chechnya situation), I have pretty much supported this guy. Heck, he even publicly upbraided the head of Russia's DEA in March for their tremendous underachievement (i.e. the "heroinization" of Russia, despite the massive number of arrests of those in simple possession, mostly for hash or marijuana).

And in any event, since the issue of doses was decided at the highest levels of the Russian government, any Duma appeal -- if one is even passed -- would basically be tantamount to a public questioning of the wisdom of the new government. Which is not exactly wise politically considering that Putin just won a landslide victory in March and that Putin's party "Unity" has a near two-thirds legislative majority in the Duma after the December election.

So as of this weekend, drugs policy in Russia, a country of 145 million people, is that much more humane and rational. Reason enough to spark up this evening in celebration.