Editing Drug prohibition (section)

==Penalties==

===United States===
{{Main|Drug policy of the United States}}
[[File:US incarceration timeline.gif|thumb|Total [[United States incarceration rate|incarceration]] in the United States by year]]
[[File:US Cannabis Arrests.svg|thumb|US cannabis arrests by year]]

Drug possession is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction. In the U.S., the penalty for illegal drug possession and sale can vary from a small fine to a prison sentence. In some states, marijuana possession is considered to be a petty offense, with the penalty being comparable to that of a speeding violation. In some municipalities, possessing a small quantity of marijuana in one's own home is not punishable at all. Generally, however, drug possession is an arrestable offense, although first-time offenders rarely serve jail time. Federal law makes even possession of "soft drugs", such as cannabis, illegal, though some local governments have laws contradicting federal laws.

In the U.S., the [[War on drugs|War on Drugs]] is thought to be contributing to a [[prison overcrowding in the United States|prison overcrowding]] problem. In 1996, 59.6%<ref>Miller, Jerome (1996) ''Search and Destroy: African-American Males in the Criminal Justice System''. Cambridge University Press, New York. {{ISBN|0521598583}}</ref> of prisoners were drug-related criminals. The U.S. population grew by about +25% from 1980 to 2000. In that same 20 year time period, the U.S. prison population tripled, making the U.S. the world leader in both percentage and absolute number of citizens incarcerated. The United States has 5% of the world's population, but 25% of the prisoners.<ref>{{cite news
|url=https://www.nytimes.com/2008/04/23/world/americas/23iht-23prison.12253738.html
|title=U.S. prison population dwarfs that of other nations
|work=The New York Times
|author=Liptak, Adam
|date=April 23, 2008
|access-date=January 16, 2012}}</ref>

About 90% of [[Incarceration in the United States|United States prisoners]] are incarcerated in state jails. In 2016, about 572,000, over 44%, of the 1.3 million people in these state jails, were serving time for drug offenses. 728,000 were incarcerated for violent offenses.<ref name=wsj170128>{{Cite web |url=https://www.wsj.com/articles/a-better-approach-to-violent-crime-1485536313 |title=A Better Approach to Violent Crime |access-date=January 28, 2017 |author1=John Pfaff |date=January 28, 2017 |work= Wall Street Journal }}</ref>

The data from [[Federal Bureau of Prisons]] online statistics page states that 45.9% of prisoners were incarcerated for drug offenses, as of December 2021.<ref>{{Cite web |url=https://www.bop.gov/about/statistics/statistics_inmate_offenses.jsp |title=Federal Bureau of Prisons - Statistics - Offenses |access-date=December 25, 2021 |date=December 25, 2021 |work= Federal Bureau of Prisons }}</ref>

=== European Union ===
In 2004, the [[Council of the European Union]] adopted a [[framework decision]] harmonizing the minimum penal provisions for illicit drug-related activities.<ref>{{Cite web |last=[[Council of the EU]] |title=Consolidated text: Council Framework Decision 2004/757/JHA of 25 october 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking |url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02004F0757-20220818 |access-date=2022-10-11 |website=EUR-Lex - Publications Office of the European Union |language=en}}</ref> In particular, article 2(9) stipulates that activities may be exempt from the minimum provisions "when it is committed by its perpetrators exclusively for their own personal consumption as defined by national law." This was made, in particular, to accommodate more liberal national systems such as the Dutch coffee shops (see below) or the Spanish [[Cannabis Social Club]]s.

==== The Netherlands ====
{{main|Drug policy of the Netherlands}}{{See also|Cannabis in the Netherlands}}
In the Netherlands, cannabis and other "soft" drugs are decriminalised in small quantities. The Dutch government treats the problem as more of a public health issue than a criminal issue. Contrary to popular belief, cannabis is still technically illegal. [[Cannabis coffee shop|Coffee shops]] that sell cannabis to people 18 or above are tolerated, and pay taxes like any other business for their cannabis and hashish sales, although distribution is a grey area that the authorities would rather not go into as it is not decriminalised. Many "coffee shops" are found in [[Amsterdam]] and cater mainly to the large tourist trade; the local consumption rate is far lower than in the US. 
[[File:Amsterdam - Oude Hoogstraat , De Wallen - panoramio.jpg|thumb|[[Coffeeshop (Netherlands)|Coffeeshop]] in Amsterdam]]

The administrative bodies responsible for enforcing the drug policies include the Ministry of Health, Welfare and Sport, the Ministry of Justice, the Ministry of the Interior and Kingdom Relations, and the Ministry of Finance. Local authorities also shape local policy, within the national framework.

When compared to other countries, Dutch drug consumption falls in the European average at six per cent regular use (twenty-one per cent at some point in life) and considerably lower than the Anglo-Saxon countries headed by the United States with an eight per cent recurring use (thirty-four at some point in life).

=== Australia ===

A Nielsen poll in 2012 found that only 27% of voters favoured decriminalisation.<ref>{{cite news |author1=Metherell, Mark |author2=Davies, Lisa |name-list-style=amp |date=May 21, 2012 |title=Voters oppose relaxing drug laws despite failure of 'war' |work=The Sydney Morning Herald |url=http://www.smh.com.au/national/voters-oppose-relaxing-drug-laws-despite-failure-of-war-20120520-1yz3h.html |access-date=January 16, 2013}}</ref> Australia has steep penalties for growing and using drugs even for personal use.<ref>{{cite news |author1=Lynch, Jared |author2=Thomson, Andrew |name-list-style=amp |date=January 2, 2013 |title=Marijuana crop costs man his home and 400,000 in bills |work=The Sydney Morning Herald |url=http://www.theage.com.au/victoria/marijuana-crop-costs-man-his-home-and-400000-in-bills-20130101-2c4bm.html |access-date=January 16, 2013}}</ref><ref>{{cite news |author=Butcher, Steven |date=November 8, 2002 |title=Man turns Safeway seeds to opium |work=The Age |url=http://www.theage.com.au/articles/2002/11/07/1036308423803.html |access-date=January 16, 2013}}</ref><ref>{{cite news |date=March 6, 2013 |title=Tip-off led to cannabis drug bust |publisher=Maitland Mercury |url=http://www.maitlandmercury.com.au/story/1343897/tip-off-led-to-cannabis-drug-bust/ |access-date=March 6, 2013}}</ref> with Western Australia having the toughest laws.<ref>{{cite news |author=Bennett, Cortlan |date=March 29, 2012 |title=Parents face jail under tough WA drug laws |agency=Australian Associated Press |url=http://www.news.com.au/national-news/parents-face-jail-under-tough-wa-drug-laws/story-e6frfkvr-1226311746631 |url-status=dead |access-date=March 6, 2013 |archive-url=https://web.archive.org/web/20130704091700/http://www.news.com.au/national-news/parents-face-jail-under-tough-wa-drug-laws/story-e6frfkvr-1226311746631 |archive-date=July 4, 2013}}</ref> There is an associated anti-drug culture amongst a significant number of Australians. Law enforcement targets drugs, particularly in the [[Club drug|party scene]].<ref>{{cite news |author=Silva, Kristian |date=March 10, 2013 |title=Dozens arrested for drugs at music festival |work=The Age |url=http://www.theage.com.au/victoria/dozens-arrested-for-drugs-at-music-festival-20130310-2fttz.html |access-date=March 10, 2013}}</ref> In 2012, crime statistics in Victoria revealed that police were increasingly arresting users rather than dealers,<ref>{{cite news |author=Beck, Maris |date=April 13, 2012 |title=Police arrest more users than dealers |work=The Age |url=http://www.theage.com.au/victoria/police-arrest-more-users-than-dealers-20120412-1wwp0.html |access-date=March 10, 2013}}</ref> and the [[Liberal Party of Australia|Liberal]] government banned the sale of [[bong]]s that year.<ref>{{cite news |date=January 2012 |title=Bong ban now in force |publisher=Premier of Victoria |url=http://www.premier.vic.gov.au/media-centre/media-releases/2874-bong-ban-now-in-force.html |url-status=dead |access-date=March 10, 2013 |archive-url=https://web.archive.org/web/20130513162521/http://www.premier.vic.gov.au/media-centre/media-releases/2874-bong-ban-now-in-force.html |archive-date=May 13, 2013}}</ref>

=== Indonesia ===
[[Indonesia]] carries a maximum penalty of [[Capital punishment for drug trafficking|death for drug dealing]], and a maximum of 15 years prison for drug use. In 2004, Australian citizen [[Schapelle Corby]] was convicted of smuggling 4.4 kilograms of cannabis into [[Bali]], a crime that carried a maximum penalty of death. Her trial reached the verdict of guilty with a punishment of 20 years imprisonment. Corby claimed to be an unwitting [[drug mule]]. Australian citizens known as the "[[Bali Nine]]" were caught smuggling [[heroin]]. Two of the nine, Andrew Chan and Myuran Sukumaran, were executed April 29, 2015 along with six other foreign nationals. In August 2005, Australian model [[Michelle Leslie]] was arrested with two [[ecstasy (drug)|ecstasy]] pills. She pleaded guilty to possession and in November 2005 was sentenced to 3 months imprisonment, which she was deemed to have already served, and was released from prison immediately upon her admission of guilt on the charge of possession.

At the 1961 Single Convention on Narcotic Drugs, Indonesia, along with India, Turkey, Pakistan and some South American countries opposed the criminalisation of drugs.<ref>{{cite news
|url=https://sencanada.ca/content/sen/committee/371/ille/rep/repfinalvol3-e.htm#_ftnref51
|title=Report of the Senate Special Committee on Illegal Drugs
|access-date=June 23, 2011
|date=May 27, 2011
|archive-date=November 17, 2002
|archive-url=https://web.archive.org/web/20021117164232/https://sencanada.ca/content/sen/committee/371/ille/rep/repfinalvol3-e.htm#_ftnref51
|url-status=dead
}}</ref>

=== Republic of China (Taiwan) ===
[[Taiwan]] carries a maximum penalty of death for drug trafficking, while [[smoking tobacco]] and [[wine]] are classified as legal entertainment drug. The [[Department of Health]] is in charge of drug prohibition.<ref>{{cite news|url=http://khd.kcg.gov.tw/Main.aspx?sn=531&dpf_id=100|title=The Chronology of Department of Health, Kaohsiung City Government|author=Kaohsiung City Government|date=2016|access-date=April 13, 2016|archive-url=https://web.archive.org/web/20160330222012/http://khd.kcg.gov.tw/Main.aspx?sn=531&dpf_id=100|archive-date=March 30, 2016|url-status=dead|df=mdy-all}}</ref>