Drug policy of Sweden

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The Drug policy of Sweden is one of zero tolerance, including cannabis. Enforcement is in the form of wide spread drug testing, and penalties ranging from rehabilitation treatment and fines to a maximum 10 year prison sentence. The general drug policy is supported by all political parties and, according to the opinion polls, the restrictive approach receives broad support from the public.[1] The United Nations Office on Drugs and Crime (UNODC) reports that Sweden has one of the lowest drug usage rates in the Western world, and attributes this to a drug policy that invests heavily in prevention and treatment (including free community services), as well as strict law enforcement. [2] However, the conclusions in the UNODC report have been criticized for being unscientific and fundamentally biased in favor of repressive drug laws.[3] So, while Antonio Maria Costa, the Executive Director of UNODC, praises Sweden as having a successful drug policy, opponents point out that the report does not demonstrate any correlation between Sweden's drug use statistics and it's drug policies.[4][3]

Contents

[edit] History

[edit] Background

Historically, Sweden was a poor country with a comparably low standard of living. Although it is a member of the vodka belt and has a tradition of wide spread tobacco use, it had seen little illegal drug use until the 20th century. The 19th century saw a rise of the temperance movement, alongside the free churches and the labour movement. The temperance movement influenced parts of the labour movement. State alcohol rationing, state monopoly on retail stores in alcohol and temperance boards in the municipalities was introduced around the First World War. The temperance boards came to exist even after the alcohol rationing ended in 1955 and the temperance boards came in the 1960s to work with drug abusers. From 1970 became the temperance boards in the municipalities merged with the board for social welfare and the board for child social welfare[5]


[edit] The first narcotics law

The first official narcotics law came with the Edict on Narcotic Drugs, or Narkotikakungörelsen, in 1923 when Sweden's joined the International Opium Convention. The law regulated the import and export of some opiates and cocaine. In 1930 the law was extended to include more opium derivatives, coca leaves and cannabis, and possession was restricted as well. Initially, the punishments consisted of fines.

Before Narkotikakungörelsen, a person's use of drugs was considered a personal choice of the user and their doctor. Non-medical drug use was rarely seen, but did exist among medical personnel, bohemian artists, writers and jazz musicians. Often the drugs used were supplied by prescription.

[edit] Introduction of amphetamines

In 1938, amphetamine was introduced in Sweden, and a year later required a prescription. Even though only about 3000 citizens were known to take it daily, three per cent of the Swedish population had prescriptions for amphetamines in 1942, when it was classified as a narcotic drug. Gradually the supervisory authority, the Royal Medical Board recommendations were made more stringent on prescribing narcotic drugs as well as control measures were introduced.

Sometime in the late 1940s, a group of artists began dissolving amphetamine tablets in water so that it could be purified and injected intravenously. This habit was soon taken up among criminals in Stockholm. Amphetamines became the primary illicit drug until the late 60s, when cannabis became more popular. Amphetamines are still the drug most used by heavy addicts, whereas heroin is the main problem in most of Europe.

[edit] Early changes in the drug laws

In the 50s there were signs of emerging drug use among criminals in Stockholm. On the 27th of April in 1954 the first debate was held in the Riksdag, the Swedish parliament. The center-right opposition had filed a interpellation about the drug problem. The issue discussed was whether the government considered that drug use justified an increased vigilance by society and, if so, if it was considering a change in the laws to rectify the problem. The Riksdag believed that further debate was unnecessary since information, collected from The Medicinal Board and The Police, stated that drug abuse was not a serious problem in Sweden.

In 1958 the punishments became more repressive, setting a minimum fine and introducing up to 6 months imprisonment as a possible penalty. In 1962 the law was superseded by the Decree on Narcotic Drugs, Narkotikaförordningen, which increased the maximum prison term to two years.

In 1965, the maximum term was reduced to one year. Signs drug use were increasing, and the Social Welfare Agency argued that police should have more resources, with the hope that a strikter enforcement would have a preventative effect.


[edit] The Legal Prescription Program

In 1965, after some debate, legal prescription of drugs was started in Stockholm. Some doctors received the right to prescribe drugs, like amphetamine and morphine, to addicts for injection on its own. The purpose was harm-reduction. It soon became controversial, as the users were allowed to determine the dosage, and were given a few days ration with an option to refill when needed. More than 4 million normal doses was prescribed. A number of the clients had also recently been prison inmates and members of a criminal subculture. Eventually police seizures showed that the drugs had become available to persons not involved in the project. Studies of Stockholm arrest records conducted by Nils Bejerot, who had opposed the prescriptions, indicated a strong increase in the number of intravenous drug users during the experiment. The project ended in 1967, when a second young girl was found dead from an overdose of morphine and amphetamine in the apartment of one the participants. [6][7] [8]


[edit] Drug Commission of 1968

The Narcotic Drugs Penalty Code of 1968 distinguished between three grades of drug offences. Section 1 was applied for offences of "normal" severity, illegal production, offering for sale, transfer and possession of narcotics were punishable by fines or by imprisonment for not more than two years. Section 2 was applied for "petty" offences, punishable by fines only, nolle prosequi was easy to recive in the 70s. Section 3 was applied for gross offences, punishable by imprisonment for between one and four years. When determining whether the offence was gross, special attention was to be paid to whether it was committed professionally, on a large scale, involved large amounts of drugs or whether it was especially dangerous. But these were only examples of relevant factors, the existence of which neither necessarily meant that the offence is serious nor is necessary for such classification. The preparatory works mention that transfer of drugs to young people could lead to the offence's classification as gross. The dangerousness of the drug involved was also to be taken into consideration. The Prosecutor General expressed the view that substances which threaten life or rapidly debilitate the addict should lead to the application of section 3 of the Narcotic Drugs Penalty Code. Here belonged, first of all, opium derivatives like heroin; LSD belonged also to this group.[9]

In 1969, fearing that low punishments would attract international drug traffickers, the government increased punishments for crimes involving the most gross degree, and the corresponding laws on smuggling were increased to a maximum penalty of 6 years. Hemp, which had been grown for industrial purposes, had not been affected by the opium conference in 1925. However, in 1970 cultivation of hemp was banned on the grounds that it was a drug. In 1972 the the Narcotic Drugs Penalty Code was strengthened again, increasing the maximum prison sentence to 10 years for more severe crimes. During the 70s, the Prosecutor General recommended that prosecutors lower the limit for drugs which could be ignored as personal use.

In 1971-1983 . The last month use of illegal drugs, including cannabis, among 16-year-old boys falls gradually from about 16% to 5%.[10]


[edit] Subsequent policy changes

In the 80's and 90's, lawmakers continued to make smaller modifications of the drug laws, expanding their coverage, increasing maximum sentences, altering early release rules, and introducing treatment options as an alternate to imprisonment to be used at the court's discretion.

In 1982 came a the Misuser Act (LVM) which made possible for municipalities to place very serious drug dependent in mandatory treatment with restrictions for a number of months. The same type of law had earlier only been used for very serious alcoholics. Mandatory treatment according to this law has since 1982 been used for a number of hundred people per year.

In 1988, all use of drugs, even in very small quantities, became a criminal offense under The Narcotic Drugs Penalty Code of 1968. In the same year, a special form of probation, contract treatment, became available as an alternative to imprisonment in cases of alcohol or drug related crime. This treatment was only available to offenders willing to undergo the drug or alcohol treatment as decided by the courts.[11]

In 1993, the maximum sentence for illicit use of drugs was raised to 6 months in prison, though the normal punishment remained a fine. The reason for raising the maximum penalty for drug use to 6 months' imprisonment was to make it legal for police to conduct a body search. Such may, in accordance with Swedish law, only be implemented if someone is suspected of a crime carrying at least 6 months' imprisonment as the maximum punishment.

In the same year the law was amended to allow for early release of all prisoners, not only those convicted of drug crimes. Between 1983 and 1993, in principle, prisoners were released after serving half the time. For those who were convicted after July 1, 1993, the rule became a 2/3 term imprisonment. After 1999, the early release became conditional.

1995 Jan 1. Sweden becomes a member of the EU. One effect of EU's rules is a radical reduced control of illicit drugs at the borders. The Swedish customs authority stop making random controls on the traffic and passengers upon entering from EU countries; the number of employees in the Swedish customs authority is reduced. Surveys of illicit drug use last month show an almost doubled drug use among 16-year-old boys (from 5% to 10%, most cannabis) in year 2000. The level had previously been low and essentially stable since 1983 (below 5% last month for boys and 2% for girls).[10]

[edit] National Alcohol and Drug Action Plan

In 2002, approved the Parliament a National Alcohol and Drug Action Plan for year 2002-2006.

- The objective of the Swedish drug policy should continue to be a drug-free society. The main focus of drug policy is focused and concerted efforts to limit both supply and demand of drugs. Strengthened efforts are needed to strengthen the political priority of the drugs, to improve cooperation between different authorities and between authorities and organisations, to improve the preventive work among other things through the method and skills development, development of care through, inter alia, methodology and skills development and research, develop treatment perspective of prison, streamlining operations in the field of control, improve the methods to comply with drug development and society's efforts, and to increase international cooperation. The government sets up a special national drugs co-ordinator with the task of implementing and monitoring the action plan and sets aside 325 MSEK extra over three years to implement the Action Plan. (Prop. 2001/02:91).

In 2001-2003. The last month use of illegal drugs among 16-year-old boys is falling from 10% to 7%.[10]

In 2005, in compliance with EU rules, cultivation of industrial hemp with less than 0.2% THC was legalized - providing the farmer followed a number of rules such as yearly registration of the field.[12]

In 2006, approved the Parliament an updated National Alcohol and Drug Action Plan for year 2006-2010. The strategy is very close to the plan of 2002. The overall objective of the Swedish drugs policy is: a drug-free society. To achieve a drug-free society there are three sub-objectives.

  • Reduce recruitment to drug abuse.
  • Induce people with substance abuse problems to give up their abuse.
  • Reduce the supply of drugs [13] [14]

In 2007 An updated study shows a continued slow decline in drug use among pupils and high school students[15]


[edit] Implementation

Police enforcement is based on the hypothesis that light on the users of illicit drugs, including smaller offenses, may contribute to a lower rate for substance abuse. Since 1993 the police have had the legal right to take action against people they suspect of being under the influence of drugs even if they are not disturbing, A large number of Swedish police officers have since 1993 received training in how to recognize the signs and symptoms of drugs.

In such cases the suspect may have to produce a blood or urine sample for analysis. About 27,500 drug use verification tests and 10,000 drugs-driving and drug use (two separate offences) tests were carried out in 2006. If the sample contains drugs, or traces of drugs, the person is guilty of a minor drug offence, personal use. One of the reasons why this legislation was introduced was to make it possible to find and apprehend people in the risk zone of addiction and to offer care and treatment at as early a stage as possible. The police have an obligation to inform the social services of all cases of drug abuse that come to their attention.

The penalty for drug offences depends upon the seriousness of the offence. For minor drug offences the court may impose a fine or prison sentence of up to six months. More serious offences always carry a prison sentence, usually up to a maximum of three years. If the offence is considered particularly serious, the sentence will be anything from a minimum of two to a maximum of ten years.[16]

In recent years has drug testing of suspected abusers also been used as a first step in motivating them to seek treatment.[16][17] Conditional sentences for drug offenses is combined with for. ex mandatory urin test[17] or mandatory treatment.

The anti drug program also includes information and almost free treatment for any citizen with addiction to drugs.[18]

Treatment for drug dependence in various parts of The Prison, Probation and Rehabilitation Authority (Kriminalvården') is, in The Acton plan of 2006, described as a very important part of the Drug Policy of Sweden. Drug treatment groups in the prisons are working under Twelve-step program's and with treatments inspired by cognitive therapy. Many prisons have drug-free departments. 20,5% of the sentenced to prison 2005 was convicted for drug offences or smuggling of drugs as the main crime. A high percentage of the prisoners have severe drug problems and over 70 % of the prisoners with drug problems have injected narcotics. Sweden had in 2004 84 persons per 100 000 in prison and remand prison (in Swedish called häkte). It is clearly less than the average in OECD(132 persons per 100 000) or in the US. (725 per 100 000).[19][20][21] No prisons are managed by private companies.

[edit] Drug related death

Depending on the choice of codes to be included in an index of drug-related mortality, the number of deaths vary considerably. Sweden, has by tradition used The National Board of Health and Welfare's, choice of ICD codes. The index (choice of ICD codes) that are used by the EMCDDA (European Monitoring Centre for Drugs and Drug Addiction) is different from the Swedish. In 2003 was the number for the Swedish index more than twice the EMCDDA's index follwoing the DRD-Standard, version 3.0. The main difference between these two dimensions is to EMCDDA only include deaths with drug-related diagnosis as underlying cause of death (with the "underlying cause of death" refers to the main illness or injury that started the chain of disease events that directly led to death). The National Board of Health and Welfare's index includes drug-related diagnoses among all causes of death as indicated in cause of death certificate (both underlying and contributing). The National Board of Health and Welfare and the EMCDDA distinct also something about with regard to the ICD codes included. The main difference is that mental disorders caused by sedatives, sleeping pills and solvents are not part of the EMCDDA's index. A deeper analysis published in the end of 2006 shows that if the EMCDDA's index is used for Sweden is the number about 150 drug related deaths per year for Sweden, 2 per 100 000 of the population 15-64 years old. [22][23] That is a low proportion compared with almost all countries in EU.

[edit] Drug-related public expenditure

EMCDDA has reported that Sweden in 2002 spent 1200 (EUR million) on drug-related public expenditure. That was 0.46 % of GDP. 60% was spent on Health and social care and 40% on law enforcement expenditures. [24] The big spending is a part of the present action plan.[14]

[edit] Other types of preventing expenditures

Sweden have tax financed subventions to drug free sport for children and teenagers. This is a part of the present action plan.[14]

[edit] References

  1. ^ NATIONAL DRUG POLICY: SWEDEN Prepared for The Senate Special Committee on Illegal Drugs, Canada 2002.
  2. ^ UNODC: Sweden's successful drug policy, 2007
  3. ^ a b Peter Cohen: Looking at the UN, smelling a rat: A comment on ‘Sweden’s succesful drug policy: a review of the evidence’ UNODC september 2006
  4. ^ UN Drugs Chief Praises Swedish Drug Control Model
  5. ^ Nykterhetsnämnd 1916-1981
  6. ^ Nils Bejerot — Människan och Verket, 1986 page 62
  7. ^ Jonas Hartelius: Nils Bejerot, 2002
  8. ^ Boekhout van Solinge, Tim (1997), The Swedish drug control policy. An in-depth review and analysis. Amsterdam, Uitgeverij Jan Mets/CEDRO
  9. ^ Michael Bogdan: Reflections on some international and Swedish legal rules relating to drug offences, Assistant Professor of Law, University of Lund, 1977
  10. ^ a b c EMCDDA: National Report, 2006, page 12
  11. ^ Ministry of Justice, Sweden: Information about the Swedish prison and probation service, 2004
  12. ^ Gårdsstöd för odling av hampa – Jordbruksverket, mars 2007.
  13. ^ The Swedish action plan on narcotic drugs 2006–2010
  14. ^ a b c Prop 2005/06:30, page 3
  15. ^ Erik Fender, Thomas Hvitfeldt:Skolelevers drogvanor 2007
  16. ^ a b THE SWEDISH NATIONAL DRUG POLICY COORDINATOR: MUMIN- motivating young drug abusers to treatment, 2007
  17. ^ a b Eva Brännmark Detective Superintendent Law Enforcement – the Swedish Model, 2007
  18. ^ Your rights and options in treatment and care of drug addicts, Produced for the National Action Plan on Narcotic Drugs, 2008
  19. ^ Kriminalvården, Prisons
  20. ^ Kriminalvården: Annual report, page 12
  21. ^ OECD FACTBOOK 2008 – ISBN 978-92-64-04054-0, 2008
  22. ^ Jenny Sandgren: Antal narkotikarelaterade dödsfall 1990-2003, dödsorsaksregistret, Swedish National Institute of Public Health, Dec 1, 2006
  23. ^ CROSS-NATIONAL COMPARISONS OF DRUG-INDUCED DEATHS
  24. ^ The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) Policies and laws

[edit] External links

[edit] See also

  • Nils Bejerot (1921-1988), sometimes referred to as the founding father of Swedish drug control policy.[1]