– the controls for the production, supply and use of a
particular drug once it has been legalised.
It must be emphasised that legal regulation does not
imply a free-for-all, where drugs would be freely available
to anyone, anywhere and at any time. And, although legal
regulation is sometimes characterised as a 'liberalisation'
or 'relaxation' of the law, it is in fact the opposite; it is
about bringing the illicit drug trade within the law so
that strict controls can be applied (such controls being
impossible to impose under prohibition). Legal regulation
enables governments to control where drugs can be
grown, manufactured and sold; who has access to them,
and to monitor the quality, strength and composition of
these products.
A well-known and widely applied example of legal
regulation is the one that most countries use to control
the production, distribution and sale of prescription drugs,
alcohol and tobacco.
The aim of the legal regulation of any drug is to
protect the young and vulnerable by controlling its
availability and to educate the public about its potential
harms. It also aims to reduce crime by diverting the
profits generated by the illicit drug trade to that of the
state fiscus and to use this extra tax revenue to finance
education around drug issues, rehabilitate addicts and
enforce drug-related laws. Legal regulation also allows
for the improvement of public health issues pertaining
The aim of the legal
regulation of any drug is
to protect the young and
vulnerable by controlling
its availability and to
educate the public about
its potential harms. It also
aims to reduce crime
by diverting the profits
generated by the illicit
drug trade to that of the
state fiscus and to use
this extra tax revenue to
finance education around
drug issues, rehabilitate
addicts and enforce
drug-related laws.
to drugs by ensuring availability of pure, standardised
products along with health education and other pertinent
information.
Although legal regulation is not 'silver bullet' for the
protecting human rights by abolishing the unjust laws
problems related to illicit drugs or the challenges posed
that persecute, incarcerate and (in some countries)
by legal drugs such as alcohol and tobacco, it is a silver
execute those who use drugs for medicinal, recreational
bullet that will eliminate most of the disastrous crime and
and religious purposes.
social problems and human rights abuses caused by drug
Under the present laws it is virtually impossible to
prohibition. Local and global experience over the past 100
control any of the links in the illicit drug supply chain.
years demonstrates that not only has prohibition failed in
At the moment anyone of any age can buy any drug on
this regard, it is actually the prime cause of this grievous
the street – drug dealers don't ask for ID. Cannabis, tik,
state of affairs.
heroin and other drugs are easily obtainable under the
The legal production and sale of drugs does not
current, ineffective system. With legal regulation, (as is
necessarily have to operate along commercial lines.
now the case with the far more dangerous drugs, alcohol
Options exist for state-run institutions or non-profit
and tobacco) many activities, such as sales to minors, and
organisations to manage the drug trade effectively in
driving under the influence of drugs would remain illegal
ways that remove the financial incentive to promote or
and be subject to sanctions.
initiate their use. An example of this is the Cannabis Social
It goes without saying that the implementation of the
Club concept that operates successfully in New Zealand,
legal regulation