International Journal on Criminology Volume 6, Number 2, Winter 2018/Spring 2019 | Page 43

International Journal on Criminology
No Effect Observed on Minor Offenses
The work of the Uruguayan police and magistrature has been transformed
by the new regulatory policy. But while the legalization of cannabis has
physically reduced their field of operations, police activity and judicial intervention
have not come to a halt. For example, in 2010, despite the decriminalization
in 1974 of "minimal" (and then "reasonable") quantities of cannabis, 43%
of offenses under narcotics legislation involved quantities of less than 10 grams.
With the decision as to what exactly constitutes the "reasonable" quantity permitted
by law having been left to magistrates, many ordinary users were still being
targeted. 20
A government directive has now set the limit at 40 grams of cannabis grass. 21
In 2015, while "more than half of the anti-drug effort no longer [targeted] cannabis
consumption since the change in the law," 22 it still appeared to a number of civil
liberties organizations (Proderechos, IELSUR, EMPUT, Open Justice Society),
that there was not a clear enough distinction between micro-trafficking and mere
possession, and that ordinary consumers could still be prosecuted.
In contrast, repressive measures against coca paste have intensified. While
the previous law made no distinction between the smokable drugs (cannabis
and coca paste), one of the Articles of Law 10007 makes provision for specific
sentencing–a minimum of three years in jail– for possession and consumption of
coca paste. Some magistrates find this problematic, because it leads to overload
in the prisons and focuses on groups in society that already suffer discrimination,
such as single women and the young. What is more, by failing to include other
drugs like cocaine and synthetic drugs, this article reinforces class inequalities
because hardly any middle class or wealthy individuals consume a product that is
also known precisely as "poor man's cocaine." However, the targeting should be
seen in the round, because, according to the Uruguayan legal literature, 23 more
than two-thirds of those charged are later released as a result of procedural irregularities,
largely on the grounds of how difficult it is for the investigating forces
to determine the exact nature of the substance being consumed: "The article
is difficult to apply, since laboratory analyses are needed in order to determine
whether the product really is coca paste, and these tests are not sufficiently widely
available." 24
opment Corporation], UNODC, Vienna, 2016.
20 https://www.state.gov/j/inl/rls/nrcrpt/2016/vol2/253439.html
21 For other drugs (including cannabis resin) there are no set limits, and the judge decides according
to the circumstances of the case.
22 Interview with Proderechos, CANNALEX, 2015.
23 Diego Silva, Law faculty, Revista de justicia
24 Interview with magistrates, Montevideo.
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