Towards a Des-Incrimination of Drug Possession for Own Use in Romania
| Author | Traian Dima |
| Pages | 231-234 |
Traian Dima. Professor Ph.D., Law Faculty, “Nicolae Titulescu” University, Bucharest (e-mail: traian.dima@univnt.ro).
Page 231
The existing law in Romania prior to the entrance into force of the current legislation considered the illicit drug self-administration to be a minor offence. Thanks to the use and illicit drug trafficking boom / increase in our country since 1990, pursuant to the socio-economic and political changes in the Romanian society structure and the birth of the rule of law, the unlawful drug possession for own use was raised to the rank of criminal offence1 through the provisions of Law no. 143/2000 for prevention and fight against drug use and illicit drug trafficking2.
Therefore, the society has responded throughout the criminal law against the danger of unlawful drug possession for own use, a very dangerous growing phenomenon for both the young generation and the entire society. In order to fight illicit drug use, the criminal legislator adopted on the date Law no. 143/2000 was drawn up, the repressive thesis not paying attention enough to the harmonization of the criminal legislation with the medical standards, the sole in charge to solve the drug addiction related problems, considering that prohibition of drug use by incriminating thePage 232 illegal drug possession for own use under criminal sanctions, could stop the increasing drug abuse in Romania.
It seems that, the Romanian legislator found more accessible the use of criminal law means in preventing illicit drug use than the medical strategies in the field, considering that our sanitary system after the 1990’s, was lacking in the necessary financial funds and qualified medical stuff able to solve the increasing problems related to the widespread drug addiction in Romania.
It is less true that the criminal law is used to persuade the drug users to leave their common world.3 in other countries’ doctrine as well.
Even if the Romanian legislator used and still uses the criminal law “instruments” for fighting illicit drug use, life has shown us that after Law no 143/2000 entered into force this phenomenon failed to diminish, but has increased according to the statistics released by the National Anti-Drug Agency.
Although almost eight years passed since the entering into force of Law no. 143/2000, several times amended, the Romanian legislator still makes use of the same criminal sentence philosophy of the consumers unlawfully possessing drugs for own use. The Romanian legislator’s lack of response in the matter, allows us to conclude that it still preserves the same harsh politics in preventing and fighting the abusive drug consumption similar to those used in 2000 that, according to us no longer acts in the benefit of both the individual and the society.
This is exactly the problem we want to debate upon, to observe and bring arguments on the legislator’s fault in carrying out sanctions for illicit drug possession for own use.
As stated in the European specialized literature, the drug use as attitude of a natural person against the use of a certain substance under national control lies in the “ethical, medical and criminal” sphere.4 Morally, Romanian citizens disagree with the drug use, considering it to be harmful for both individual and society. Event the church disagrees with drug use considering it a Cardinal Sin5.
Medically speaking, the abusive drug use is beyond question a mental health issue that can bring into discussion the responsibility and guiltiness of such substances consumer, when he commits deeds punishable by the criminal law.
Since alcohol and tobacco consumption is no less dangerous for individual and...
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