On Friday, 20th March, the Parliament of Ghana passed the Narcotics Control Commission Bill into law. This brought great excitement to many who have been following the legislative process since 2015, when the Bill was first introduced. Many civil society organizations (CSOs) in Ghana laud the Government for this significant moment in the history of drug policy reform in the country. The new law makes huge inroads towards more humane drug policy, and will pave way for other good examples to emerge in the sub-region.

An alternative to incarceration for people who use drugs

One of the stated purposes of Ghana’s new drug law is to treat drug use and dependence as a public health issue. The new law has converted the prison term for drug possession for personal use into a fine of between 200-500 penalty units (translating to GHC 2,400 – 6,000). This does not mean that drug use has been legalised, as portrayed by some media outlets. It means that instead of sending people to prison for up to 10 years for simple possession of drugs for personal use, they will offer alternatives to incarceration. This is in line with current programs and policies to decongest our prisons, notably the Justice for All program, instituted in 2007.

Under the old law, too many people were being put behind bars simply for possession of 1 or 2 rolls of marijuana or any other drug for personal use – yet the consumption of all kinds of drugs appeared to continue increasing. The evidence is that disproportionately repressive approaches to drug control, and particularly to drug use, have not succeeded in eradicating drug markets and related harms. Instead, these policies ‘have led to serious unintended consequences and often disproportionately impact upon the poor and marginalised, while creating a rich and powerful criminal market that undermines the security of states.’

The fundamental goal of drug policies, therefore, ‘should be to improve the health, safety, security and socio-economic well-being of people by reducing drug use, drug-related harms, illicit trafficking and associated crimes.’ In line with this, there has been a global shift towards evidenced-based policies instead of focusing on the failed 'war on drugs'.

As a country, these pragmatic steps are also completely in line with our obligations under the three international drug control conventions, as well as other UN resolutions and commitments to address drug use and possession, including the UNGASS Outcome Document, agreed to by the international community in 2016.

The Bill gives hope back to people who have been neglected by society, and have been continually punished and demonised instead of provided support as needed.

Since the passage of the law, there have been a lot of misconceptions in the media and civil society circles that drug use has now been legalized. This is definitely not the case! Drug use, as well as supply, production and trafficking, remain offences under the new Bill; same as before. The difference in approach is rather on how authorities respond to drug use: fines, rather than imprisonment.

Ghana is not alone in this move. Numerous countries have adopted this approach, and indeed gone further into less punitive responses to all drug use, with a great deal of success.

The new law will also allow, for the first time, the implementation of lifesaving harm reduction services for people who use drugs, which will help curb the transmission of bloodborne viruses (such as HIV and hepatitis B and C), overdose deaths and drug dependence.

These steps are clearly in line with Sustainable Development Goal 3: Health and well-being for all, which won’t be achieved if we continue to leave people who use drugs behind when they may need health services.

By offering alternatives to incarceration for people who use drugs, Ghana’s criminal justice system will be less congested, our prisons will be less overcrowded and our law enforcement agencies will be able to focus on those at the helm of the drugs trade, rather than predominantly young, poor and vulnerable groups.

Changes in relation to cannabis and hemp for industrial, medical and research purposes

Another key area that has been of great interest, and that has also led to confusion in the media, is the incorporation of some special provisions relating to cannabis. The new Bill will regulate the production of cannabis products that contain very small amounts (less than 0.3%) of tetrahydrocannabinol (THC) —a key compound associated with the cannabis “high”— for industrial, medical and research purposes.

This step mirrors current global discussions. In 2019, the World Health Organization’s Expert Committee on Drugs Dependence (ECDD) delivered the results of a detailed review of the evidence around cannabis. One of the recommendations is about removing cannabis from ‘Schedule IV’ of the 1961 UN Convention on Narcotic Drugs, a move that acknowledges that the drug has ‘substantial therapeutic advantages’ for the treatment of pain and other medical conditions, such as epilepsy and spasticity associated with multiple sclerosis.

Those who fear that this will open a floodgate for illicit drug use are catastrophising, ignoring the evidence from over 30 countries where thousands of patients benefit from medical access.

Many are also questioning if Ghana is not breaching its international obligations by taking such steps, but let me be clear that the international conventions are designed at their core to ensure the availability of controlled drugs for medical and scientific purposes, while preventing their diversion for illicit purposes.

Further to this, the new law also permits the cultivation of non-psychoactive cannabis plants (hemp) for industrial purposes. This is a great step in the right direction as many of us have argued that we cannot achieve SDG 1 to ‘end poverty in all its forms everywhere’ by 2030 if we do not provide our people, in particular the poor and the vulnerable, with means to access economic resources, basic services, land ownership, etc.

In this regard, the law offers an opportunity to respond to the needs for sustainable livelihoods of our rural farmers, particularly young people who have relied on cannabis farming to survive. In implementing the law, authorities must favour the transition towards formality of those historically pushed to the margins.

Recalibrating the role of the Narcotics Control Board

The new Bill also seeks to make the Narcotics Control Board (NACOB) an autonomous body that can oversee all drug-related issues.

The Board is currently under the auspices of the Ministry of Defence and Interior, and heavily relies on the Prosecuting Unit of the Ghana Police Service and the Attorney General Department to prosecute cases on drugs.

The Bill gives NACOB the status of a Commission, equipping the Board with a legal department to carry out prosecutions and granting the Board with powers to formulate policies to flesh out the bill.

The expectation is that the Narcotics Control Commission will be more autonomous, preventing interference by the governing political power. This remains to be seen.

A West African approach to drug policy [reform]

This new Bill represents an important example for drug policy reform advocacy in West Africa. Historically, drug policies have been imported to our region. And it is under these imported rules that we have seen drug production and trafficking skyrocket; which offers further evidence that ‘tough-on-drugs’ laws do not work.

Ghana’s example shows civil society and government can engage in dialogue to realign our countries’ priorities, to ensure participation, to advance sustainable development and to seek a brighter future for our youth.

Ghanaians should be enthusiastic and optimistic about this new drug law. It is not perfect; and results from complex debates and compromise. But our Parliament has shown leadership in getting this reform over the line.

I call on other West African governments to demonstrate the political will to follow on Ghana’s footsteps and do all within their power to break the cycles of poverty, vulnerability and criminalisation.

The “war on drug” revealed itself to be a war on people, creating obstacles for the realisation of the Sustainable Development Goals, violating human rights, undermining public health. And I am so glad that Ghana has turned its back on it and begun to move away from this failed approach.

Parliament of Ghana passes historic new drug law, paving the way for a West African approach

On Friday 3 April, the INCB announced that it would be postponing the 128th session of the Board’s meeting, which was scheduled from 4 to 15 May 2020, in view of the COIVD-19 pandemic. The new dates for the postponed session are yet to be decided.

The INCB holds three sessions a year, typically in February, May, and November of each year. The dates and agenda of each session can be consulted here.

The open call for civil society to apply for a slot in the thematic INCB hearing on the use of drugs among older persons, which was meant to take place during the postponed session, will be kept open for the moment. It will also be relaunched once the new date is released.

On other COVID-19 related actions, in a 17 March press release the INCB called on governments to ensure that measures put in place to counter the pandemic do not disrupt the international supply chain of controlled medicines for pain relief, palliative care, and mental health and neurological conditions.

INCB postpones its 128th session, originally scheduled for May 2020

As the international community grappled with the first major outbreaks of COVID-19, and before the whole world turned upside down as a result of the pandemic’s escalation, the 63rd Session of the Commission on Narcotic Drugs (CND) went ahead as planned in the first week of March in Vienna.

It was a quieter event than usual, partly because some government delegations stayed away due to the risk of spreading coronavirus, and partly because the vote on the recommendations on cannabis from the WHO’s Expert Committee on Drug Dependence (ECDD) did not go ahead as planned. Seemingly in anticipation of the contentious cannabis vote, only five resolutions had been tabled, which is about half the usual number.

At the time of the CND, only a few countries had gone into lockdown and the guidance from the UN Office in Vienna was that it was fine to travel but to adhere to cough etiquette and public health measures, such as avoiding shaking hands and regular hand washing. This gave confidence to the many civil society representatives to attend the CND in force as usual.

Side events: Compelling cases for reform and accountability

The relatively slow cadence of the main proceedings stood in sharp contrast to more than 100 side events, many organised by civil society, covering an increasingly diverse range of issues that continue to push the envelope in Vienna.

From a progressive perspective, the most heartening side event this year showcased the moves in Norway towards the decriminalisation of drug use and possession for personal use. Health Minister, Bent Høie, presented the findings of the government-mandated committee tasked with assessing how Norway could shift away from criminalising people who use drugs. The committee’s report ‘From punishment to support’ recommends that Norway remove criminal sanctions for drug use and possession for personal use and transfers the corresponding oversight from the justice to the health sector. While police referral to drug counselling is part of the proposed model, the committee has recommended that no sanctions be imposed on those who do not wish to accept the referral.

From the floor, Arild Knutsen, a prominent and tireless Norwegian drug user activist, expressed his joy at the proposal after decades of advocacy to challenge punitive drug laws. In response, Minister Høie made an unprecedented and brave admission noting that after twenty years of debate and disagreement, Arild was right and he had been wrong. A rare and genuinely touching moment in the often polarised setting of the CND – and in an overall worrying context of shrinking civil society space.

Another important side event organised during the week advanced the discussion on gender and drug policy. This issue has received increasing, and well overdue, attention in recent years, catalysed by the UNGASS Outcome Document, which gave greater consideration to women’s specific vulnerabilities and needs.

‘“Were you really raped or did you just not get paid?” Addressing stigma and violence against women who use drugs’ was organised under the auspices of the UNODC Regional Office for Southern Africa, with the participation of the South African Network of People who Use Drugs (SANPUD). The event launched a sobering report with the same name, which documents the pervasive violence, control and extortion faced by women in the community. Speakers highlighted the intersecting forms of oppression that target women who use drugs and compound their situations of vulnerability. But also experiences of sisterhood, empowerment and resistance that signal the way forward.

This event highlighted an important topic that deserves to receive much greater attention and demonstrates how the burden of punitive drug policies and brutal law enforcement practices falls on some of the most vulnerable in society. This issue also strongly came to light at another event commemorating the 10-year anniversary of the UN Bangkok Rules.

In coherence? Countries on the fringes hold on to the outdated Vienna silo

The negotiations of resolutions this year were not as contentious as in previous years. The European Union (EU) tabled two resolutions, one on improving scientific data collection efforts and a second on ensuring access to controlled medicines,with a focus on palliative care. Russia tabled a resolution on the involvement of youth in drug prevention efforts, the US on involving the private sector in drug control efforts and the usual resolution on alternative development was presented by Thailand and Peru.

The issue that sparked most debate this year, both in the negotiations on resolutions and in the plenary, was the push to formally recognise the work of the UN system coordination Task Team on the Implementation of the UN System Common Position on drug-related matters, set up by the UN Secretary-General. Specific wording on this was in the initial draft of the EU’s resolution on data but received pushback from some member states and in the end the final draft referred to ‘effective UN inter-agency coordination’ but not explicitly to the Task Team.

However, in the plenary, many countries expressed their support for the UN Task Team, recognising that the CND and the General Assembly have long sought to strengthen coordination across the UN on drug policy. In the closing session, thirty-four countries expressed their support for the work of the Task Team, with Switzerland requesting a standing agenda item for future CND meetings for updates on their work.

IDPC also made an intervention during the plenary to highlight the critical relevance of Task Team and the need for system-wide coherence to ensure greater human rights oversight in drug control, building on the 2016 UNGASS.

Improving data collection: Steps, not strides, in the right direction

Another event of note at this year’s CND was the adoption of the revised Annual Report Questionnaire (ARQ), the key data collection tool used by UNODC to collect information on the global drug market each year.

After more than two years of negotiations, the revised ARQ was surprisingly adopted in seconds at the Plenary without discussion. Although significantly improved compared to its predecessor, there remain many gaps in the new iteration of the ARQ.

Now the key challenge will be to push for a mechanism that will enable other UN agencies – especially those focusing on human rights and development – to submit additional data on drugs to complement the information submitted through the ARQ. An area of work where the Task Team could make a valuable contribution in the years to come.

Cannabis scheduling recommendations: Yet another delay

Many civil society advocates had hoped that the CND would vote on at least some of the WHO Expert Committee on Drug Dependence (ECDD) recommendations to reschedule cannabis at this session after a delay of 12 months.

The ECDD’s long-overdue critical review of cannabis was undertaken after many years of advocacy that questioned where cannabis had been placed in the international scheduling system. This was the first-ever WHO review of cannabis in the long history of international drug control.

Unfortunately, following many intense behind-closed-doors discussions in the weeks leading up to the CND, a decision was reached to, once again, delay the vote until December 2020.

As became clear at the CND intersessionals last year, the complex interrelated set of recommendations to change the current scheduling of cannabis and cannabinoids under the 1961 and 1971 Conventions, has raised lots of valid questions and legitimate concerns among member states and civil society that merit further clarification and debate.

However, the key recommendation to remove cannabis from Schedule IV of the 1961 Convention, reserved for the substances deemed most dangerous, with little or no medical or therapeutic usefulness, is quite straightforward and cannot be questioned from a scientific point of view, and has been strongly welcomed by civil society.

Given the growing evidence and acceptance of cannabis’ important medical properties, the removal from this schedule is simply a recognition of the current state of evidence and practice, as amply documented in the ECDD critical review reports.

The fact that this straightforward recommendation has triggered so much controversy, demonstrates the highly politicised nature of the Vienna diplomatic arena.

For those championing evidence-based drug policy decisions at the CND, defending the role and mandate of the WHO’s ECDD in making science-based scheduling recommendations is of utmost importance.

Inconsistencies in the treaty system itself, and the contentious nature of the CND debate around cannabis, especially following Canada’s legal regulation initiative, may have been taken into consideration in some of the other ECDD recommendations – a question that we have raised before.

In particular, the recommendation to keep cannabis in Schedule I of the 1961 Convention, alongside heroin and cocaine – in spite of the technical reports which make it clear that cannabis is associated with lesser risks – appears to reflect a concern not to further inflame an already divisive debate.

More intersessional meetings will take place in the fall to further clarify these issues, hopefully resulting in a productive preparation for a vote at the reconvened CND session in early December. Postponing the vote again would show disrespect for the WHO’s treaty mandate and the important work of the ECDD.

New Director, new directions? CND welcomes UNODC’s incoming ED

Finally, it was the first CND for the incoming UNODC Executive Director, Ghada Waly, from Egypt, who in her opening statement focused more on supply-reduction priorities, mentioning law enforcement’s lives lost but concerningly not the serious public health and human rights crises resulting from punitive drug control measures.

In advance of the CND, IDPC had sent a welcome message to Ms Waly, including an advocacy note enumerating the key priorities for her from the network’s perspective and called strongly for her to promote health and human rights in drug policy.

As is now customary, the Executive Director holds an informal dialogue with civil society during the week and this year the event was highly anticipated. Sadly, Ms Waly was unwell and unable to meet with civil society at the informal dialogue this year. We very much look forward to having the opportunity to meet with her either later this year, travel restrictions permitting, or at the next CND.

In the context of the global pandemic of COVID-19, some governments have been releasing a substantial number of inmates from overcrowded prisons to reduce infection risk in these settings. These are urgent and welcome developments and the UN should continue to call on governments to consider these measures.

However, in parallel, many governments are ramping up draconian and stringent measures to criminalise transmission, as well as non-compliance with public health measures, which is deeply concerning.

What we know from drug policy is that the burden of repression and punishment is borne by the most marginalised, and that the use of criminal law is not appropriate nor effective in advancing public health goals.

We must now broaden our advocacy efforts, increase solidarity across social movements and ensure that governments do not justify eroding human rights commitments in the name of disease control.

In the heartbeat before global lockdown: Business as usual in Vienna drugs debate

If you or someone you know is struggling, please consider contacting support. This list inventories suicide crisis lines around the world.

The COVID-19 pandemic is prompting extraordinary, unexpected and even contradictory responses by the health and criminal justice systems. On the one hand, some States are releasing thousands of prisoners in order to prevent the outbreak of infection. On the other, they are also expanding their repressive arsenal in the name of protecting public health.

In India, which has been under a lockdown since 24 March 2020, Police officers are arresting people for not wearing masks, for walking the streets in search of food or for trying to make their way back home from cities, where they’re facing destitution. These normal, rational human acts have suddenly become ‘wrongs’ to warrant a response from the criminal justice system.

In relation to drugs, Police action has also become absolutely baffling, as reported in a recent news article.

On 17 April 2020, a young man believed to have been living with drug dependence, died by suicide in his home in the North Indian city of Gurugram. The substance involved or the state of his health condition is not known. The reporter covering the story, however, noted:

According to the police complaint, the man was under stress for some time after three men did not give him anything despite taking his money after promising to supply him some narcotics. The police have booked the three men for abetment to suicide.’

A careful review of the facts shows that:

The young man was dependent on illicit drugs. The lockdown prevented him from procuring the substance from his regular supply-chain. Desperate and struggling with withdrawal syndrome, he reached out to some suppliers, who took money, but did not deliver the drug. Without recourse to help or treatment, the man ended his life. The Police filed a criminal case against unknown persons for 

The young man in Gurugram and others like him, who live with dependence, are undergoing terrible suffering under the lockdown. According to the National Survey on Extent and Pattern of Substance Use in India, the findings of which were released in February 2019, around 

people in the country live with dependence to opioid substances and another 

 need medical assistance for cannabis use.

Depending on the drug and the length of use, the lack of access can lead to the onset of painful and agonising withdrawal. If untreated, this stressor can trigger dangerous consequences, including death by suicide.

International human rights norms go to the extent of characterising the denial of medical care during withdrawal and the suffering inflicted on people who are drug dependent as acts of torture or ill-treatment.

While announcing the COVID-19 lockdown, the Government was under an obligation to make drug dependence treatment widely available and accessible. While health authorities issued an advisory on managing alcohol dependence, there was none for managing drug dependence.

The only guidance provided by the National AIDS Control Organisation was to allow take-home doses of Opioid Substitution Therapy (OST) for a week for clients who are already enrolled in the HIV prevention programme. While accurate estimates are hard to come by, research suggests that OST coverage remains woeful in India.

The Government seems to have forgotten about the millions of people who are dependent on drugs but are not in treatment. Bereft of medical support, the restrictive measures of the lockdown can be a death sentence; like it seems to have been the case for the young man in Gurugram.

The other paradox in the case is that the Police have blamed alleged drug suppliers for 

 providing drugs! The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) criminalises, among other things, unauthorised sale and purchase of narcotic drugs and psychotropic substances. Surely, a person who does not supply illicit drugs is complying with the law and not violating it? Even if a supplier has taken money, an agreement to commit an unlawful act 

The Police seems to have forgotten that the drug market has been made illegal by public authorities. In this state of affairs, buyers and sellers are under no obligation to keep their ‘promise’.

For someone to be charged for abetting suicide, the prosecution must show that they instigated the victim to commit suicide or intentionally aided the commission of suicide through an act or illegal omission. The facts do not disclose any such thing. On the contrary, if the narcotic substance had indeed been supplied, both the dealer and the young man would be in jail for offences under the NDPS Act. All this is lost on the Police, who have done a quick fix by registering a case against the drug suppliers.

Addiction-related suicides in times of corona cannot be wished away, nor can they be blamed on people who supply drugs.

The unfortunate death of the young man in Gurugram calls for a reorientation of our health and criminal justice policies. The Government must become serious about securing effective, evidence-based treatment for people who use drugs, which is its constitutional and legal responsibility.

Authorities must also reassess the legal status of the drug market, before it can hold suppliers accountable for 

 people who use drugs in the country, policy shifts that prioritise health are long due.

Blog

Parliament of Ghana passes historic new drug law, paving the way for a West African approach

INCB postpones its 128th session, originally scheduled for May 2020

In the heartbeat before global lockdown: Business as usual in Vienna drugs debate

Fixing responsibility or shifting blame? Drug policy and suicide in the time of corona