Zero Tolerance and Harm reduction,
International drug norms in practice,
A case study of
Sweden and Portugal
LAURI HELLSTRÖM
Content
Chapter 1
1.1
Introduction
1.2
Research problem
1.3
Aim
1.4
Methodology and Research Strategy
1.5
Contemporary Research
1.6
Disposition
Chapter 2
2.1 Theories and norms
2.2 Norm Dynamics and Political change
2.3 Historical Institutionalism
2.4 Security
2.5 Risk
Chapter 3
3.1 Zero Tolerance
3.2 Harm Reduction
3.3 International drug regulation
3.4 The history of the UNODC
3.5 The role of the United Nations Office of Drugs and Crime
Chapter 4
4.1 Case study of Sweden
4.2 History of drug regulation
4.3 Prospects of change
Chapter 5
5.1 Case study of Portugal
5.2 History of drug regulation
5.3 Portugal and Harm reduction
5.4 Portugal and Zero tolerance
5.5 Prospects of change
Chapter 6
6.1 Analysis
6.2 Crucial elements
Chapter 7
7.1 Discussion and Conclusion
7.2 Future research
7.3 Final words
Chapter 1
Introduction
In the world today, you find a number of normative and regulated initiatives to control what
substances people are allowed to ingest and use. Some of these substances can be grown,
farmed or chemically altered in order to induce certain effects on their users. One category
stands out, that is the use and production of drugs and especially narcotics.
A wide variety of countries have applied hard regulations in order to control the use,
trafficking, and production of drugs, sometimes even imposing death sentences. 1 Other
countries have decided to take a softer approach by decriminalizing, regulating or legalizing
certain illicit drugs, like Portugal and Holland.2 This has its roots in the way states and
individuals classify narcotics in relation to the consequences they believe to have on their
societies. These regulations often come from strong moral beliefs, the proponents of which
try to influence society in their quest against illegal means of intoxication. However, the
moral views on drugs in society today do not always reveal a consistent message as some
drugs with high death rates like alcohol and tobacco are more or less accepted due to their
historical, economic and social significance.
Nonetheless, certain “drugs” have gained extraordinary attention, especially when talking
about drugs in a political context. These drugs came to be included in the United Nations
Office of Drugs and Crime (UNODC) conventions on illicit drugs, which outlined what
substances should be considered illegal. Certain states gave these drugs unprecedented
attention, outlining a strategy of zero tolerance on use, possession or trafficking. This
attention turned into an all-out war against certain drugs that were considered illegal and
dangerous. The “war on drugs” has had international application for almost 50 years and was
initiated by the USA as an aggressive measure aimed at solving the drug dilemma. However,
international drug control efforts date back to the International Opium Commission in 1909
1
Telegrpah.co.uk. German nationals face death penalty over drug smuggling charges in Malaysia, From
1st of February 2012, (full link in reference list)
2
CBSNEWS.com, Brian Montopoli , Inside Holland´s “Half-Baked” Pot Policy,from nov 9th 2009, (full link
in reference list)
and the 1912 Hague International Opium Convention.3 The drug policies and the “war on
drugs” have also come under scrutiny since their enormous funding and world wide
application have shown a lack of success in battling drug use and have recently come under
scrutiny for their negative effects. Besides reports of human rights violations the war has
taken an incredible toll on human life as can be seen in Mexico, where reports of numbers of
around 40 000 to 50 000 humans being killed since drug operation Michoacan was initiated.4
In June 2011, The Global Commission released a critical report on the on-going “drug war”
and its contemporary implications. The Global Commission report that had a number of
important politicians, presidents, intellectuals and participants like Kofi Annan and Paul
Volcker, took a step away from the mainstream political drug discourse and called for an end
to the ongoing “drug war”. One of the Commission’s conclusions was that drug addicts
should be viewed as: “patients in the public health system” and that “prohibition” should be
replaced with “more humane and efficient drug policies”.5 Nevertheless, the world is still
primarily focused on using zero tolerance strategies like prohibition and consent on
continuing the drug war in order to eradicate illicit drugs all together, but can it change?
Some states have to some extent applied these normative ideas and embraced the health
aspects in harm reduction. Still, by adhering to the international agenda by following the drug
conventions, these countries have made significant changes in their view of handling the
issue.
When looking at western countries facing the dilemma, two specific countries stand out in
facing this issue, namely Portugal and Sweden. Sweden has been praised for it´s zero
tolerance policies by the UNODC and been labeled a “model” for other countries to learn
from.6 Sweden has also tasted the failure of legitimizing certain drugs in the 1960´s in the
3
UNODC.org, 1912 Hague International Opium Convention, http://www.unodc.org/unodc/en/frontpage/the1912-hague-international-opium-convention.html
4
BBC.co.uk, Mexico drugs war: Security forces ‘committing abuses’, from 10th of November 2009,
(full link in reference list)
5
Global Commission on drug policy report, War on drugs, from June 2011, page 5. (Full link reference list)
6
UNODC.org, UN drugs chief praises Swedish drug control system,
http://www.unodc.org/unodc/en/press/releases/press_release_2006-09-06.html
contested legal prescription experiment (legalförskrivningen), which Jonas Hartelius outlines
in his book Narcotic Drug Control Policy in Sweden – The Post-War Experience.7
Portugal on the other hand has been battling drugs from a zero tolerance stance until 2001.
But when the zero tolerance policies turned out to be insufficient in battling the problem, the
state decided to turn towards policies oriented more towards harm reduction by favoring
decriminalization, and since then had a fair share of success. 8 These two nations who have
turned away from one norm and replaced it with another have found reported success in their
respective ways, but what made such change and success possible?
In this thesis, I will explore the foundations on which these drug norms function and what
issues they present both historically and into the future. The idea is not simply to paint a
black and white picture of the issue at hand, but to get a deeper vision into the grey areas of
international, domestic and social drug norms. What are the relations between the drug norms
and security and what is labeled a risk? How do the drug norms function in terms of stigma
and what social dilemmas can be explored? These are just a few of the important questions
that arise when you enter the very complex nature that concerns international drug norms.
In this thesis, I will explore the very foundation of these norms and what values and beliefs
they may present in practice. A theoretical framework will be applied in order to hopefully
gain the nature of these norms when looking at the issues through different lenses. An
institutional view will also look at the structural setting in which these norms are applied and
fostered. This will hopefully give rise to questions regarding the possibilities of change in an
institutionalized setting. The next section will present the aims of this thesis.
The Aim and Purpose of the study
Zero tolerance and Harm reduction pose two very different set of values and when applying
them into actual policies and law, they also pose different sets of problems. The purpose of
this thesis is to further study the policies of the contemporary “drug norms” from a zero
7
Hartelius Jonas, Narcotic Drug Control Policy in Sweden – The Post-War Experience, (Göteborg 2008)
page. 15-18
8
Time.com, Maia Szalavitz, Drugs in Portugal: Did Decriminalization work?, from 26th of April 2009, (full
link in reference list)
tolerance and harm reduction viewpoint and evaluate the basis of their application. By
connecting these norms/viewpoints and relating these to specific actors, regulations, cases,
historical events, general drug norms and theories in the contemporary drug field, I intend to
unravel the foundations and consequences of these norms. My intention is to do this by
identifying the key normative powers and acts (for example policies) that uphold and
reintegrate certain norms into society, which will be outlined in my specific cases. These acts
and powers will then be connected to more general implications and effects in which I have
chosen certain theories (lenses) that will help me explain their fundamental values. The
reason is to evaluate the existing international norms in relation to societies and what
potential there might be of new norm cascades and future norm internalization.
My aim is to historically access the foundations of zero tolerance and harm reduction drug
norms and clarify what issues they present today in the specific cases of Sweden and
Portugal. In order to confront this aim, I intent to ask the following questions:
•
What are the essential social and historical factors of zero tolerance and harm
reduction drug norms in its relation to contemporary drug policies in the cases of
Portugal and Sweden?
•
Who are the KEY normative entrepreneurs, stakeholders, policies, actors and political
groups in the specific cases and what significance do they present in upholding the
norms of zero tolerance and harm reduction?
The next section will make an overview into how I intend to explore these questions in
practice. This is to show how the aim of this thesis will be related to the actual work and
analysis of this paper. The key concept in this thesis rests upon the concepts of zero tolerance
and harm reduction, which outline the two opposing sides of this debate. These notions will
be explained further after the methodological overview of this thesis, where the overall
normative and theoretical framework will be explored in chapter 2.
Methodology
This thesis will study the issues of International drug norms from zero tolerance and harm
reduction perspectives. This is mostly to capture the views of these international norms on a
wider scale of lenses and understandings. I believe that this is instrumental since much of
these policies needs cross-fertilization in order to understand its grander implications.
Understanding drug norms requires taking important factors into account on a state level,
international level, institutional level and individual level. This thesis will incorporate
historical sociology, historical institutionalism and case studies as its main tools in handling
information. Toby Seddon who wrote the article Explaining drug policy: Towards an
historical sociology of policy change from the International Journal of Drug Policy in 2010
describes the benefits of fruitfully applying historical sociology into drug policy analysis
where he describes three key dimensions:
1. A belief that to understand the contemporary social world requires an understanding of its historical
formation. In other words, it is a view that sees societies as the product (in part) of a process of
historical development.
2. A goal of providing accounts of change over time that are explanatory rather than simply descriptive,
attempting to move beyond just documenting change towards unraveling the question why change
occurs.
3. An interest in bringing together ´big picture´ of broad historical processes with the fine-grained detail
of specific events, individuals and action. That is, it seeks to resolve the tension between looking for
general structural patterns and recovering the detail of contingent events. 9
I intend to divert my attention to those two states that have taken different positions in the
field of international drug norms and found success in their respective fields, namely Sweden
and Portugal. Another deeper insertion will then be used by applying the theories of risk and
security into the fray of analysis. These theories will explore the fundamental beliefs and
fears that are associated with drug norms and what constitute an individuals or a societies
reaction when normally looking at the use of a ‘dangerous’ substance. I also intend to make
use of NGO´s and civil society movement’s ability of providing empirical and normative
data, which may become important for norm entrepreneurs calling for harm reduction
strategies like the Global Commission amongst others. This is to show and analyze the
general differences in international drug norms and policies in order to get a wider
understanding of international drug norms and its accomplishments and side effects.
9
Seddon Toby, International Drug Journal, Explaining drug policy: Towards an historical sociology of
policy change, from 20th of October 2010, page. 1-2 (Full link reference list)
Research strategy
The empirical data will be compiled by combining governmental drug policies, statements,
and norms with empirical data from civil society movements, international and national
organizations and academics in relation to zero tolerance and harm reduction norms. The
state empirical data will mostly be concentrated towards the actual norms put into practice as
well as statistics and statements made in regard to the drug issue. The state is an important
actor in this case since they have the power to make norms into policies and make societies
abide by those rules. Civil society movements, national and international organization do also
have a great deal in this process, as they may be called in as experts for certain question,
show normative diversity and lines of thoughts in society as well as provide and spread
important information about different cases and values. However, it is impossible to fit in all
organizations and movements who have something to say in the matter, so this paper will
largely concentrate its energy on those who provide important facts and values in the harm
reduction versus zero tolerance debate. Larger organizations with more practical and
important power like the UNODC will be used in order to highlight the international
standpoint or element of the issue, since international organizations also help to influence
states and its public.
Specific data to be compiled:
•
State drug policies and legislation that have been adapted and enforced into society
and have important ties with zero tolerance or harm reduction norms
•
Identifying important norm entrepreneurs and norm agents, who either uphold, deny
or spread a certain norm in society
•
Identifying the general consequences of using certain norms in certain cases and their
overall implications.
•
Achieving supplementary data from academics to highlight explanatory views of drug
norms in practice.
•
Achieving supplementary data from Media, IO´s, NGO´s, civil society movements
and the UN, in order to supply both empirical data on important events as well as
background data on historical processes.
After the initial research has been gathered, it will be analyzed and intervened with the
essential concepts, theories and norms. Furthermore I intend to use historical sociology
mixed with some historical institutionalism to further understand the social constructions, as
well as institutional and international norm setting through time in which the fight against
drugs have emerged.
The case study research will include getting a deeper understanding of how zero tolerance
norms and harm reduction norms have played out in their respective societies. For this I have
chosen two specific cases: Sweden and Portugal. The reason I choose these countries is their
fundamental relation to using strategically important norms like zero tolerance and harm
reduction in their overall drug policies. Sweden and Portugal are countries with similar
populations and both are situated in Europe where they are considered ‘western’ countries.
Their history and geographical situations may vary to a much larger degree. Sweden is
together with USA the highest contributor to CND´s budget and in regards to normative
policies that are almost solely associated with zero tolerance strategies. 10 Sweden has also
been praised by the former executive director at the UNODC, Antonio Maria Costa, who
regarded Swedish drug policies as a “model” for other countries to learn from.11 Apart from
Holland who regulated the sale of cannabis through loopholes in the UN Conventions,
Portugal has since 2001 taken a much stronger step in the field of harm reduction. Since
2001, Portugal has become the first European country to decriminalize the personal
possession of all drugs and implemented health oriented strategies instead. At the same time
as both countries continue the fight against drugs, they have taken very different foundations
of practical implementation into actual drug policies and values. The case study will be
oriented towards identifying the key policies and normative powers through time when
implementing a specific norm in their respective country. The case study itself will oriented
towards what Alexander L George and Andrew Bennett calls Typological theory, an
integration of comparative and within-case analysis, which can be found in their book Case
Studies and Theory Development in the social sciences from 2005. Bennett and George
explain this theory accordingly:
10
UNODC.org. Major donors, http://www.unodc.org/unodc/en/donors/major-donors.html
11
UNODC.org, UN drugs chief praises Swedish drug control system,
http://www.unodc.org/unodc/en/press/releases/press_release_2006-09-06.html
We define a typological theory as a theory that specifies independent variables, delineates them into the
categories for which the researcher will measure the cases and their outcomes, and provides not only hypotheses
on how these variables operate individually, but also contingent generalizations on how and under what
conditions they behave in specified conjunctions or configurations to produce effects on specified dependent
variables.12
It is the ability to use specific drug norm theories in the specific cases and it´s ability of
generalization into international norm setting that make this comparative case theory a
desired tool in this thesis. This together with the ability to: “clarify similarities and
differences among cases to facilitate comparisons” brings a great instrument of getting a
broader understanding of the specific cases and puts their normative theory oriented actions
into perspective. Bennet and George continue:
This research method achieves a cumulation of findings via a “building-block” approach. That is, each case
potentially provides a new component in the construction of a comprehensive typological theory. 13
By accumulating extensive data from the two cases I intend to find the social and historical
essence of why the cases of Sweden and Portugal have been able to apply their respective
norms in society. These specific norms, that also constitute my dependent variable in
international drug norms, have observable variations in their practical implementation. By
adding theory based variables into the analysis, I intend to compare their fundamental basis
of operation. The empirical data will in turn paint a picture of what factors play a bigger part
in upholding the norms of zero tolerance and harm reduction, which will in turn produce the
important variables. When enough data has been compiled, a deeper analysis will begin on
what extent the findings correlate and differentiate in order to extract the most important
elements in these norms. The theoretical and normative framework will then be used in order
to grasp the very foundation and essence of how they may work in practice. Hopefully, this
will portray a stronger image of what basis international drug norms rests upon and what the
future may hold. Next section will paint an overview of available data and general
implications of contemporary research on the field of drugs.
12
George L Alexander, Bennet Andrew, Case studies and Theory Development in the Social Sciences,
(Cambridge 2005) page 235
13
George L Alexander, Bennet Andrew, Case studies and Theory Development in the Social Sciences,
(Cambridge 2005) page 242
Contemporary Research
There is a wide variety of research done on contemporary drug policies and drug norms. One
of the most important providers of statistics and norms is the UN organ Commission on
Narcotic Drugs that is now part of the UNODC. Besides its convention against illicit Traffic
in Narcotic Drugs and Psychotropic Substances of 1988 that illustrates the substances that the
Commission together with the WHO consider to be illegal, there is also a great variety of
statistics and annual reports that outline the CND´s drug policy proposals. 14 In fact, the 2011
World Drug Report from the UNODC presented one of the most extensive reports in terms of
statistics so far.15 The UNODC reports are however more of a descriptive kind. More harm
reduction oriented research and case studies can be found in the Global Commission on Drug
Policy site amongst a wide variety of NGO´s and other civil society initiative´s.16Among
these there are also journals that concentrate primarily on drug policies like the International
Journal of Drug Policy that also presents methodological and theoretical approaches for
analyzing drug policies.17 Another international organization that specializes in European
drug issues and drug addiction is the European Monitoring Centre for Drugs and Drug
Addiction (EMCDDA) which also has extensive reports and also yearly national reviews of
drug policy.
18
Besides the CND reports that still work in the frame of a zero tolerance
strategies, there are also extensive articles and work by NGO´s and governments that support
the zero tolerance strategies like the United States and Sweden. Harm reduction affiliated
organizations may in turn provide more information on both the international and national
level. An important note is sometimes uncertain factual basis in which some cases and
statistics rests upon. It is important not to forget that this is also a highly political issue, which
may sometimes result in overstating certain values, statistics and facts over actual
happenings. These generalizations may still pose important normative values since the
institutional and political context where they are stated may in turn be an important factor in
socializing the public into believing in its fallout. Specific orientation of these kinds of
problems will be explored further in the actual cases and the analysis. The next section will
look at the overall deposition of the paper.
14
UNODC.org, Treaties, http://www.unodc.org/unodc/en/treaties/index.html?ref=menuside
15
UNODC.org, World Drug Report 2011, http://www.unodc.org/unodc/en/data-and-analysis/WDR-2011.html
Global Commission on drug policy, www.globalcommissionondrugs.org
16
17
International Journal of Drug Policy,
http://www.elsevier.com/wps/find/journaldescription.cws_home/600949/description
18
European Monitoring Centre for Drugs and Drug Addiction, www.emcdda.com
Deposition
The first parts of this thesis have confronted the overall problem and the specific aims of the
paper as well as what my questions for this thesis. The methodological and general research
strategy has been tackled in chapter 1, in which all around practical work and framing of the
thesis have been explained. In chapter 2, we will explore the normative and theoretical
framework of this thesis, which shows what lenses are used in order to confront the issue at
hand, as well as the way norms and ideas come about in a society, politically and
internationally. The theoretical framework is constituted to show what views will be applied
during the analysis of this paper. The theoretical perspectives will also help to guide me in
the final stages of analysis in order to paint a deeper picture of the norms and the dilemmas in
general. The normative part of chapter 3 will explore the general basics of zero tolerance and
harm reduction norms. Furthermore, Chapter 3 will also explore the different dynamics and
history of the International drug control basis and the United Nations of drugs, crime and
terrorism in order to paint a picture of the international history and body of norm settings.
The case of Sweden will be presented in chapter 4 and the case of Portugal in chapter 5.
Chapter 6 will include the general analysis of this paper and its individual cases. Finally an
overall discussion is to be found in Chapter 7, which also will include some final words and
thoughts for the future.
Chapter 2 Theories and Normative aspects
The following chapter is going to outline my theoretical framework as well as the structural
patterns in which norms evolve. This will hopefully illustrate a deeper understanding into the
factual and empirical material that will later be represented in the case studies.
Norm Dynamics and Political Change
In the terms of how norms develop on an international basis I will take help from Martha
Finnemores and Kathryn Sikkink´s article International Norm Dynamics and Political
Change, from the International Organizations journal from 1998 in which they argue that
norms evolve in what they call a patterned “life cycle”. This life cycle is divided into three
stages: Norm emergence, Norm cascade and finally Norm Internalization which can shortly
be described as the socialization of norms.19 The first two stages begin with norm
entrepreneurs who try to persuade a group, state or similar of the benefits of embracing the
new norm, the second level of norm cascade is where leaders imitate the entrepreneurs to
socialize other governments, states and organizations to accept and become the new norms
followers. This can be orchestrated by norm entrepreneurs or organization that for example
references their cause to elements such as empathy, altruism and ideological commitment in
order to point to “appropriate” behavior.20 In practice this is done by using certain language
that names, dramatizes and interprets certain issues in their favor, Finnemore and Sikkink call
this “framing”.21 Framing also has close ties with the notion of risk and especially how that
risk is interpreted in the field of illicit drugs. The last stage is when the norm becomes
internalized and taken for granted but for this to happen it needs something Finnemore and
Sikkink calls “tipping points” where the norm prevails over its counter parts in different
debates. Furthermore, there is also a distinct connection between domestic norms and
international norms as Finnemore and Sikkink argue:
In addition, international norms must always work their influence through the filter of domestic structures and
domestic norms, which can produce important variations in compliance and interpretation of these norms. Even
in situations where it might appear at first glance that international norms simply trump domestic norms, what
we often see is a process by which domestic “norm entrepreneurs” advocating a minority position use
19
Finnemore, Martha & Kathryn Sikkink, “International Norm Dynamics and Political Change”, International
Organization, 1998, page 895-896 (full link in reference list)
20
21
Finnemore, & Sikkink, page 896-898
Finnemore, & Sikkink, page 897
international norms to strengthen their position in domestic debates. In other words, there is a two-level norm
game occurring in which the domestic and the international norm tables are increasingly linked. 22
Finnemore and Sikkink go on to explain that these norms are mostly influenced domestically
in the early stages of the norm “life cycle” and that the domestic power of these norms lose
significance when the norms are internalized on an international level.23 There are also
certain factors to take into account when a norm reaches a level of internalization. Finnemore
and Sikkink explain:
At the far end of the norm cascade, norm internalization occurs: norms acquire a taken-for-granted quality and
are no longer a matter of broad public debate.24
Zero tolerance norms have already been internalized since the United Nations Single
Convention on Narcotic substances of 1961, which was ratified by a large part of the world.
The following drug war and hard stance on drugs by most western and eastern countries from
this time suggests that the world had accepted this norm cascade to a very large extent, even
if there were some cases of divergence. Portugal presents a normative departure of these
internalized norms, because of its overhaul policy change into decriminalization. That is why
this thesis will both look at the possibilities of harm reduction norm cascades in Sweden as
well as the possibility of Portugal going back to zero tolerance affiliated norms. In the next
section of historical institutionalism we will see the limits of the previously mentioned norm
cascades and norm entrepreneurs in terms of institutional power in regard to policy making
and the possible influence of new ideas in society and its historical context.
Historical Institutionalism
Historical institutionalism points to the historical structures of rules and norm settings. In this
thesis, I will intend to use to this theory in order to highlight the institutional importance of
implementing international drug norms into practice. When an issue or a norm reaches a high
level of institutionalized setting, its power in regards to spreading that norm becomes
significantly more important.
22
Finnemore, & Sikkink, page 893
23
Finnemore, & Sikkink, page 893
Finnemore, & Sikkink, page 895
24
In Donatella Della Portas and Michael Keatings book Approaches and methodologies in the
Social Sciences – A pluralist perspective from 2010, Sven Steinmo explains the nature of
historical institutionalist:
Historical institutionalist stand between these two views: Human beings are both norm-abiding rule followers
and self-interested rational actors. How one behaves depends on the individual, on the context and on the
rules.25
Historical Institutionalism will be an important part in analyzing the drug norms which has
been internalized in the UN conventions by the UNODC and which are also institutionalized
norms in certain states, like for example Sweden. Historical Institutionalism is explained
further in the book Structuring Politics – Historical Institutionalism in Comparative Analysis
by Sven Steinmo, Kathleen Thelen and Frank Longstreth where they argue for the
importance of political struggles in institutional settings:
In general, historical institutionalist work with a definition of institutions that includes both formal organizations
and informal rules and procedures that structure conduct. 26
In these informal rules and procedures you may also find “veto points” that illustrates
elements of institutional vulnerability, which contains factors in a policy process that may
cause policy innovation to be thwarted by opposition. Steinmo, Thelen and Longstreth
continue to argue that these “veto points” may be rather sticky but still not a permanent
characteristic of a political system. In fact, a shift in the overall balance of power may create
“strategic openings” when veto points emerge, disappear or change location.27 It should also
be noted as Margaret Wier does in her chapter called ideas and the politics of bounded
information that some ideas get may in fact get “handicapped” since the interaction of ideas
and politics create “bounded innovation”. This has its roots in the creation of institutions that
channeled the flow of certain ideas, create incentives for political actors and form the
political meaning of policy choices that in turn narrowed the spectrum of ideas and their
ability to influence policies.28 Steinmo, Thelen and Longstreth use one of the contributors to
25
Porta Della Donatella, Keating Michael, Approaches and methodologies in the Social Sciences – A
pluralist perspective, (Cambridge 2008), page. 126
26
Steinmo Sven, Thelen Kathleen and Longstreth Frank, Structuring Politics – Historical Institutionalism in
Comparative Analysis, (Cambridge 1992), page. 2
27
28
Steinmo, Thelen & Longstreth, page. 7
Steinmo, Thelen & Longstreth, page. 188-189
the book Ellen M Immergut to further define this relation to the core characteristics of
historical institutionalism:
Immergut´s notion of veto points thus illustrates and builds on some of the core characteristics of the historical
institutionalist approach more generally: the emphasis on intermediate institutions that shape political strategies,
the ways institutions structure relations of power among contending groups in society, and especially the focus
on the process of politics and policy-making within given institutional parameters. 29
This paper will however not go to deep into the actual policy making procedures of the
specific cases, since this thesis is more oriented towards identifying the actual intermediate
institutional normative powers and on what basis they have been able to spread a specific
norm in the specific cases history. However, as Ellen M Immergut also notes in her essay in
Structuring Politics called The rules of the game: The Logic of health policy-making in
France, Switzerland, and Sweden where an analysis is made on the difference in national
health insurance policy creation and where she further argues that the divergence in policy
outcomes cannot simply be a factor of difference in political partisanship, difference in policy
making ideas or difference in organization or preferences of various interest groups. Instead
she claims that it is better to look into the actual national political institutions since they
establish different rules of the game and create a platform for interest groups who seek to
change a certain policy and also provide an institutional design for procedural advantages.
This would in turn mean certain impediments for translating political power into legislation
and finally also create a framework for decision making both for executive action and interest
group influence.30 Moreover, historical institutionalist put emphasis on the context in which
these procedures take place and what kind of influence that has on the final outcome.
Steinmo, Thelen and Longstreth argue that:
By taking the goals, strategies, and preferences as something to be explained, historical institutionalist show
that, unless something is known about the context, broad assumptions about “self-interesting behavior” are
empty. As we pointed out earlier, historical institutionalist would not have trouble with the rational choice idea
that political actors are acting strategically to achieve their ends. But clearly it is not very useful to leave it with
that. We need a historically based analysis to tell us what they are trying to maximize and why they emphasize
certain goals over others.31
29
Steinmo, Thelen & Longstreth, page. 7
30
Steinmo, Thelen & Longstreth, page. 58-59
Steinmo, Thelen & Longstreth, page. 9
31
This view becomes even more important if you were to consider David R. Bewley Taylor
who wrote the paper Harm reduction and the global drug control regime: contemporary
problems and future prospect from the Drug and Alcohol review journal from December
2004 who notes that the current international control board has created: “Impressive level of
adherence among member states.” 32 and that:
Today, as others have noted, there is no other issue where one can find a universalized discourse translated into
such similar legislation around the world.33
The historical sociological and institutional analysis and the case studies will be related to
the CND (UNODC) viewpoint and global commission report on the “drug war” to further
clarify its international normative implications. This thesis will use HI in order to explore
drug policy from an institutional element of norm setting. Even if institutional views in
regard to drug policy are mostly keen on setting formal rules of conduct, the institution of
drug policy may also be seen as a multilateral institution of views and science. Next, we will
further explore the more generally applicable theories of agenda setting and what values drug
norms may rest upon while being processed through the political system.
Previously we have explored the normative socializations methods and Historical
Institutionalism which has explained the normative structural processes and elements of
institutionalization. The following theories will explore theories in deeper regard to actual
drug norms. These theories also put emphasis on the more general surrounding concerns of
international drug norms in terms of security and risk, as well as the complex foundation on
which they are built.
Security in International drug norms
Security is a highly contested issue which contains a broad level of understandings. There are
a lot of issues that can be linked to security when it comes down to illicit drugs. It all
depends on which viewpoint you choose to use, starting from an individual perspective, illicit
drugs can both harm the individual and others around them by inflicting physical, mental,
economical or social harm.
32
Taylor Bewley R. David, Journal: Drug and Alcohol review, Harm reduction and the global drug control
regime: contemporary problems and future prospect, page 483 (full link reference list)
Taylor Bewley R. David, Journal: Drug and Alcohol review, Harm reduction and the global drug control
regime: contemporary problems and future prospect, page 483 (full link reference list)
33
The state may see it from a more general crime perspective, where organized crime,
trafficking of illicit drugs and the spread of dangerous substances in society can all be of
great importance. The same may be seen from an international viewpoint, as globalization
has also affected drug markets and criminal organizations ability to transfer illicit drugs
around the world.
However, security is not simply understood as counting the risks and thereby acting
accordingly. When something is labeled as a security threat or problem, other issues arise.
Even mentioning security in these cases may reconstruct and uphold issues that may not be
clear security threats to begin with. Calling drug addicts a security threat may also indulge
feelings of “us” and “them” and following cases of stigmatization. Legitimizing illicit drugs
as a security threat poses a vast variety of problems not only physically but also socially and
psychologically. Michael E. Smith who wrote the book International Security – Politics,
Policy, Prospects follows this problematic and concludes that some issues which are framed
as security threats don´t necessarily have a clear path to total victory.
Among these is the issue of drugs, where Smith finds it hard to assess if there currently really
is an end to the means in battling drug use. He files the fight against drugs and crime by the
following security standard:
In terms of a total victory standard, the war on drugs/crime is probably even more impossible to win than the
war on terrorism. Crime thrives in the hard-to-police zones between states, between governments and civil
societies, and between private economic and social activities, and it is difficult to subject those grey areas to a
single global set of rules, and then enforce them, without a much higher degree of international legal and police
cooperation than currently exists. 34
Different countries have different problems when it comes to battling illicit drugs. Some have
greater means of influencing and cracking down on drug issues, while other states that could
be categorized as weaker may not have sufficient resources to do the same. Smith also
concludes that it may be inappropriate to term certain security issues in total victory terms.
Some security problems might instead need a “historical trends” standard, which takes a
specific reference point in history and measure ones policy towards that point.35 The problem
that arises in political debates is what point to measure against and what it might incline in
terms of results. The third method of evaluating this standard is through what Smith calls
“comparative metrics” and which inclines evaluating the performance of a policy against
another without a specific reference in time. Because this thesis involves a case study and a
34
35
Smith, Michael E, International Security Politics, Policy, Prospects, (Basingstoke 2010) page 201 - 202
Smith, page 67
historical analysis, this will already be incorporated to some point. However, as Smith
argues:
With all these approaches, a truly comprehensive policy evaluation would also include the negative
consequences of one´s policy, and in doing so produce a net assessment of whether the policy is producing the
desired benefits, and whether those benefits outweigh the cost.36
This thesis will incorporate these factors of security into the analysis of the cases, in order to
see to what extent a total victory or a historical trends standard may be possibly used in order
to paint the drug dilemma as a security matter and what general issues of security in illicit
drugs may arise. The next theory will evaluate a notion that may be linked to the construction
of security issues, namely risk.
Risk in International drug norms
Following the theory of security, comes another important element in understanding the
perceived consequences of drugs, namely risk. The notion of risk is also a fundamental part
of understanding human behavior. Already as children we are deeply socialized to categorize
the risk of ours and others actions, like not putting our hands on a hot items or running
carelessly on the streets. The concept of risk reconstructs itself throughout our lives, creating
the incentives for our actions through different fields of socialization. The perception of risk
is also something to be found in business as insurance companies make a living out of
people’s assessments of perceives risk. However, when the notion of risk is put into relation
with drugs or specifically illicit drugs, thing get a lot more complex.
Ulrich Beck who famously wrote the book risk society has contributed important views in
relation to risk. In his later book World Risk Society from 1999 he defines the theory of risk
elements by the following:
The discourse of risk begins where our trust in security ends and ceases to be relevant when the potential
catastrophe occurs. The concept of risk thus characterizes a peculiar, intermediate state between security and
destruction, where the perception of threatening risk determines thought and action. 37
When it comes down understanding drug norms in relation with the notion of risk, we will
have to assert a wide area of lenses. Risk in relation to drugs can be perceived either directly
or indirectly. When somebody is using drugs, have a friend or family member who is using
drugs or is specifically involved with drug related confrontations or work, then that
36
37
Smith, page 68
Beck Ulrich, World Risk Society , (Cambridge 1999) page 135
individual or organization has a direct contact with the risks and makes their decisions from
that understanding. The other viewpoint is individuals and organizations that are indirectly
involved with making assertions of risk, which for example only read about it in the media or
confine themselves in areas that would not normally be targeted by the direct risk of being
harmed by drug use/users. Ulrich Bech argues:
Where risks are believed to be real, the foundation of business, politics, science and everyday life are in flux.
Accordingly, the concept of risk, when considered scientifically (risk=accident x probability), takes the form of
the calculus of probability, which we know can never rule out the worst case (see Prior 1999). This becomes
important in view of socially relevant distinction between risk decision makers and those who have to deal with
the consequences of the decisions of others.38
However, as we shall see, the complexity of risk in relation to illicit drugs is a difficult task to
asses since its consequences can be found on so many levels. Risk is something constructed
by fear, that is why social categorization matters as well as terms of stigmatization in drug
use. Furthermore, risk is understood in a realm of virtual reality where risk can become real
by social materialization.39 Ulrich Beck explains:
We are discussing and arguing about something which is not the case, but could happen if we continue to steer
the same course as we have been.40
So it becomes important to distinguish between actual factual matters and not only possible
outcomes of risk that is something completely unknown. Risk also ties a lot of these theories
together as risk represents the way we constitute a problem at hand and its severity. As we
have mentioned before norm cascades use for example empathy to make it to the next level
and the theory of security also holds thoughts about potential risk that may be involved in
seeing the issue from a certain perspective. Ulrich Beck continues:
Believed risks are the whip used to keep the present day moving along at a gallop. The more threatening the
shadows that fall on the present day from a terrible future looming in the distance, the more compelling the
shock that can be provoked by dramatizing risk today. 41
Risk is ultimately about fear, and in the case of illicit drugs, there are quite the amount of
elements that can be described in this category. Nevertheless, dramatizing everything may
also cause side effects, which may in turn create other forms of risk. For example,
dramatizing the risk of drug users may be valid to some point, but when that risk evolves into
stereotypes of behavior that may not be true in reality it can create a dissolution for the
38
Beck, page 137
39
Beck, page 136
40
Beck, page 137
41
Beck, page 137
targeted subject of risk. This may in turn create incentives for that person to act upon that risk
and create new risks for themselves and for others. In addition, this may also have ties with
Becks idea that since globalization has opened up the world for us in many ways it has also
opened up a new paths of global risks that we may add to our already perceived risks in a
domestic and regional setting. In the next chapter we will get a general overview of zero
tolerance and harm reduction as well as the historical setting of drug norm emergence.
Chapter 3
This chapter will first clarify a general picture of the terms Zero tolerance and Harm
reduction and then go on to explain the historical background of drugs in the international
arena.
3.1 Zero Tolerance
Zero tolerance norms and drug strategies can be affiliated with a discourse of ‘’just say no to
drugs’’. The norms that can be associated with zero tolerance have been internalized to the
furthest degree in an international viewpoint as the United Nations have declared in its anti –
drug conventions, that also outlines what substances are to be considered illegal. Since the
first international conventions on illicit drugs came about in the beginning of the 20th century,
the international arena has gradually accepted a harder line in battling the drug dilemma,
where the tipping point of zero tolerance strategies could be affiliated with the initiation of
the drug war by the Nixon administration in 1971.42 Zero tolerance could generally be
affiliated with three points of departure:

The enforcement of prohibition and punishment strategies in all fields of illicit drug
use, whether it is sale, possession or use of any illicit drugs.

Zero – tolerance norms point to handling the drug issue from a preventive crime
oriented viewpoint, where a more militaristic, law enforcement and imprisonment
focused approach is applied to curb drug use.
42
Kleiman A R Mark, Encyclopedia of drug policy, Volume 1, (Full link reference list), page 870

Zero tolerance advocates also believe in eradicating all drugs in society and thereby
preventing access, which would make it impossible for people to use illicit
substances.

Zero tolerance activists mostly believe in a “drug free world” and that any harm
reduction policies like decriminalization and legitimization would end up in
catastrophic situations, where drug use would increase dramatically.
The term zero tolerance touches the need to prohibit unwanted behavior. It has its roots in an
automatic punishment of going against accepted means of conduct. When the Richard Nixon
administration outlined a specific doctrine against fighting against illicit drugs, the
foundations and methods of zero tolerance was born into the field of drug norms, in which it
is still to a large degree active in policies around the world today. There are many other fields
in which zero tolerance has been used in order to rule out discredited behavior. Kleinman
traces the idea of zero tolerance back to the 1970´s which was applied in a broad context in
different text like: “drug use, fraud, vandalism and graffiti tagging, bullying, and sexual
harassment”.43 Zero tolerance policies first came to be related to the education sector, as
schools incorporated no tolerance policies against certain behavior patterns, such as smoking,
using alcohol or taking drugs. This can mostly be associated with the Ronald Reagan
presidency of the 1980´s and schools applying its foundations on campuses. However, zero
tolerance did not get incorporated into federal law until the Drug-free Schools and Campuses
act was passed by congress in 1989, during George H. W. Bush presidency. This act targeted
both students and employees. Another important zero tolerance related law put into action at
the time is the Drug-Free Work-place act of 1988, which institutionalized mandatory urine
testing for employers of federal agencies. Further acts like the Omnibus Transportation
Employee Testing Act of 1991 incorporated urine testing for the transportation sector,
looking for both drugs and alcohol. Similar legislation also appeared in Sweden, as we will
see in the case study. Zero tolerance also became incorporated into the sports sector by the
creation of the World Anti-Doping Agency (WADA) in 1999.44 The term itself has not been
used to a very large extent in a textual and report context, it is rather the idea of the concept
that has been continually used throughout the realm of international drug policies and norms.
43
44
Kleiman, page 869
Kleiman, page 870 - 871
3.2 Harm Reduction
On the other side of the drug norms philosophical stance you can find the ones supporting
more harm-reduction associated strategies. Harm reduction norms incorporate several
normative aspects in terms of understanding drug use. Harm reduction also incorporate
several theories in the field of drug policy, namely; decriminalization, legitimization and
treating drugs from a more health oriented viewpoint. The term harm reduction constitutes a
decline of a specific risk that is already active. Seen Internationally, Harm reduction norms
have not come close to get the adherence on an international level that those who support
zero tolerance strategies have enjoyed. However, a shift towards applying certain harm
reduction strategies, like giving clean syringes to heroin addicts, have lately been applied on
a much larger scale than before, even by countries who are known to support zero tolerance
strategies. Harm reduction strategies can generally be affiliated with the following five points
of departure:

Treating drug issues from a more health oriented and human rights viewpoint, rather than
solely a criminal viewpoint.

Harm reduction activist believe that drugs will persist to exist in society and instead call for
decriminalization or legitimization of certain drugs they consider less harmful. This has its
roots in a viewpoint shared by some harm reduction activist that believe in helping rather than
punishing drug users

Ending the militaristic and drug war approach in order to stop conflicts and crime.

The call for ending misconceptions about illicit drugs and creating a scientifically proof
understanding of what dangers or effects certain substances present.
However, there are also disparities between harm reduction activists since some may believe
solely in a decriminalization strategy and not support full legitimization, while others believe
solely in the application of legitimization. There are also some misconceptions about harm
reduction activist who talk about legalization of drugs, as it does not always mean that they
want to make drugs legal without any kind of regulation. Harm reduction norms often rests
upon an active social role of governments relation to individuals, where a wide area of
understandings is required in order to understand the very complex nature of the drug
dilemma and not solely rest upon moral and fear oriented tactics.
3.3 International drug regulation
International drug regulation has come about from strong moral and normative beliefs buried
in our history. In order to understand why we are where we are today, we must also look back
at when we started to put normative value into the fray of international drug norm
constructions, which then resulted in a need for actual regulation. As have been mentioned
before, norms are essentially the predecessors of regulation and policy.
In this following chapter, we will explore the international realm of drug regulatory norm
settings and functions. International drug regulation is not a consistent theme through human
history. Actual laws put into action can mostly be attributed to the latest century even though
states have tried to regulate alcohol and other means of intoxication through different means
before.
In an extended version of the World Drug Report of 2008 by the UNODC called A Century of
International Drug Control the reader is treated to an extensive view of the historical
International arena of drug control from an UNODC standard. In this document they trace
back domestic attempts of drug control back to the 12th century where cannabis was
prohibited by the Sunnite authorities of Iraq in order to curve ongoing spread of cannabis
consumption across society. Similar attempts to curve cannabis consumption came in the 13th
century around the area of present day Egypt, both cases saw limited success. 45 The report
also uses the example of the Catholic Church who put pressure on the Spanish Authorities to
completely eradicate coca leaves consumption and cultivation in Bolivia and Peru, which
were the two countries that still had some cultivation of the plant left since colonial powers
had practically eliminated other sources in the area since the fall of the Inca empire. 46
In the early stages of trying to regulate individuals from taking “unwanted” substances you
find one common factor, namely religion. Certain religions have for a long time implied the
idea of controlling the substances which humans have tried to ingest throughout history. For
example, Buddhism puts great consideration into the well being of the human body and soul
and Islam that specifically prohibits its believers from using substances that may harm the
body. It is not a surprise that the early stages of campaigns against for example alcohol and
illicit substances, was led by religious activist, churches and organizations. Internationally,
the spread of anti drug sentiments would generally be attributed to the Christian church,
specifically both Catholic and Protestant movements.
45
UNODC.org, A Century of International Drug Control, (full link in reference list) page 16
46
UNODC.org, A Century of International Drug Control, page 16
However, these efforts did not include successfully prohibiting all nations from using
different substances throughout history, neither were they effective against eradicating it all
together. Some were simply more successful then others. Real efforts of trying to ban
substances altogether came in relation to prohibition. The next section will give an
implication of its surrounding history and elements.
Prohibition
Prohibition is one of the main normative frameworks of zero tolerance drug norms. As have
been mentioned, zero tolerance norms rest heavily on the fear aspect of implementation. It is
generally about not tolerating certain behavior or substances in specific cases because of its
perceived risks. What resulted is a policy of prohibition, which mainly implies that the use of
such a substance or related behavior is made criminal and put into the law of any given
society. An act of prohibition is an act of trying to eliminate a certain element in a society or
a group by making it criminal, thus socializing against this behavior by fear.
However, the concept of prohibition is not something that has always been used in relation to
explaining drug policies. Harry G Levine who wrote the article Global Drug Prohibition: its
uses and crisis in the International Journal of Drug Policy from March 27th 2002 argues that
until recently, the term drug prohibition has not been a constant factor in explaining zero
tolerance strategies by governments, the UN, academics or news media. Instead, government
publications and other outlets have used the term “narcotics control” and “drug control”,
whereby Levine uses the example of the UN body in charge of supervising international drug
prohibition that still goes under the name International Narcotics Control Board (INCB).47
As have been mentioned, prohibition of drugs is not a consistent variable throughout human
history. Actually, the first real prohibition of illicit drugs in the modern era can be dated back
to Napoleon, as he banned the use of cannabis amongst its soldiers in 1798 after discovering
that the lower class of Egypt was habitually using the substance. 48 Despite their leader’s
orders, the soldiers of Napoleon brought cannabis back to France.49 Other attempts at
Prohibition at this time came to the same fate until the middle of nineteenth century, when
USA started to take considerable action against certain substances. Jay Sinh who prepared a
special report to the Canadian Senate Special Committee on Illegal Drugs on February
47
Levine G Harry, Global Drug Prohibition: its uses and crisis, from 27th of March 2002, page 145 (full link
in reference list)
48
49
BBC.co.uk, Timeline: the use of cannabis, from 16th of June 2005, (full link in reference list)
Transform Drug Policy Foundation, Policy timeline, A history of drug prohibition,
http://www.tdpf.org.uk/Policy_Timeline.htm
21stcalled The History and Development of the leading Drug Control Conventions argued
that:
Beginning in an era of morally tainted racism and colonial trade wars, prohibition-based drug control grew to
international proportions at the insistence of the United States. America and the colonial powers were
confronted with the effects of drug addiction and abuse at home, but rather than address both demand – the
socio-medical nature of such problems – and supply, they focused uniquely on the latter and attempted to stem
the flow of drugs into their territories. In doing so, they earned political capital back home and shifted the cost
and burden of drug control to predominantly Asian and Latin American developing countries with no cultural
inclination or resources to take on such an intrusive task – and no economic or military power to refuse what
was imposed on them.50
Much of the credit for prohibition strategies in the end of the nineteenth century and the
beginning of the twentieth century must be given to norm entrepreneurs in forms of colonial
powers and especially the normative powers of the United States. According to Sinh, the use
of drugs during the 19th century was not deemed in a sense of “social disapproval” and was
more a matter of personal choice. There was not much legal or medical control over drugs
and simple knowledge of abuse and addiction were minor. According to Sinh this had its
roots in that: Addiction and abuse were common, simply out of ignorance of the medical
effects of the drugs.51 Moreover, Sinh refers to David T. Courtwright who wrote the book
Dark Paradise: Opiate Addiction in America before 1940 from 1982 which stated that 19th
century addicts were described in the US as being either: middle class, female, middle aged,
housewives or people working in the medical arena.52 Courtwright also stresses that it was
during the time of 1895 – 1935 that the attitude changed from looking at opium addicts as an
addicted matron to a common street criminal. Courtwright brings forth the argument of
liberal critics of American drug policies who noted that:
With varying degrees of emphasis, these authorities stressed that the transformation had resulted from an abrupt
and ill-considered change of the legal status of the addict.53
50
Sinh Jay, The History and Development of the leading International Drug Control Conventions, Law
and Government Division, Parliamentary Research Branch Canada, from 21st of February 2001, page 37 (full
link in reference list)
51
Sinh, page 5
52
Courtwright T David, Dark Paradise: Opiate Addiction in America before 1940, (Cambridge 1982) page
1-8 & 36-48
53
Courtwright, page 1
Nevertheless, the views on drugs all changed in relation to an influx of immigration from
Asia to North America, Europe and Australia. Chinese immigrant laborers were a factor of
this change as they were forced to carry a social stigma in a constructed belief that opium
smoking was the case of a “Chinese scourge” which created immorality, social decay and
criminality, in which Sinh continues to write that: and it was largely this blatant racism that
sparked the first serious domestic controls on the use of drugs, especially opium smoking by
“foreigners.”.54 At the same time, Asia was dealing with its own issues.
Opium in China and the Shanghai Commission of 1909
On the other side of the globe, the Chinese government was faced with the many problems
posed by opium use, addiction and trade. After being on the loosing end of the Opium wars
of 1839-1842 and 1856-1860 against Britain, the Chinese were restricted in terms of
sovereignty by which they were prevented from stopping the incursion of opium imports
from India. The opium trade was important in terms of revenue for the British colonial
government in India. However, with the accession of a Liberal British government in 1906,
which was against the opium trade and with a growing resistance from anti-opium
movements from Christian churches, the pressure grew against these policies. The argument
against this by Britain was that the opium market would be taken over by competing
producers like Turkey, Persia (Iran) and that China would increase its own production. The
British nevertheless agreed to decrease opium exports to China in 1907 which were
surprisingly successful. According to Sinh this agreement would present severe significance
for future prohibition activist:
Nonetheless, the 1907 “ten year agreement” was viewed by future prohibition advocates as the first successful
opium “treaty” and it set the tone for the next 60 years of international drug control negotiations. 55
It was not long after this that the United States would put its footprint on the international
prohibition agenda. After acquiring the Philippines in 1898 following the Spanish-American
War, the United States was confronted by dealing with a government that had monopoly over
opium trade. After successfully disbanding the government activities, smuggling still
continued. Theodore Roosevelt was convinced by the Bishop of the Philippines, Charles
54
55
Sinh, page 5
Sinh, page 6
Henry Brent, that there needed be support of organizing an international meeting in Shanghai
to confront this problem. The UNODC report explains the following reasons for a need of an
international drug control system:
Eventually, it was the simple logic of global supply and demand which pointed to the need for the establishment
of a global drug control system. Unfortunately, concerned states had little clue as to how to go about achieving
an ´anti opium lobby´ that would be strong (in support) and broad (in influence) enough to override business
interests at the international level. This changed in the first decade of the 20 th century. Some key personalities
within the ´anti opium lobby´ succeeded to influence the authorities by means of modern mass communications.
Strategic interests of a number of key players also changed, resulting in the emergence of a broad consensus in
favour of drug control at the international level. 56
This finally all resulted in the International Opium Commission meeting in Shanghai in
February 1909. Since none of the participants had the power to actually form a treaty, the
meeting was more inclined to express non-binding document recommendations.57 The
UNODC report notes that:
The Commission was impressively dedicated to providing an evidence base on the opiates trade for delegation
and collected a large amount of data on cultivation production and consumption. Based on data collected for the
Shanghai Conference, total opium production was found to have been around 41,600 metric tons in
1906/1907.58
There was however one key aspect of this meeting which would color future International
drug control treaties, which was the exclusion of medically based expertise in terms of
addiction and treatment. Sinh explains:
This set a significant precedent: most future drug meetings would be attended predominantly by diplomats and
civil servants, without significant input from medical experts.59
Another important result of these negotiations for future drug related conferences was
according to Sinh the United States representative Dr. Hamilton Wright who tried to persuade
the colonial powers into accepting a narrow definition on the legitimate use of opium. This
56
UNODC.org, A Century of International Drug Control, page 31
57
UNODC.org, A Century of International Drug Control, page 7
58
UNODC.org, A Century of International Drug Control, page 33
59
Sinh, page 7
would result in that any non-scientific or non-medical use of opium in standards stemming
from a western oriented scientific and medical viewpoint would be labeled as illicit.60 The
Shanghai Commission would however symbolize one of the first real efforts of international
cooperation in substance prohibition strategies.61 Sinh nevertheless notes that it was still far
from being “international” since much of the focus was on domestic Chinese opium
problems, where five of the nine resolutions mention China by name. 62 This meeting would
soon lead up to the 1912 Hague International Opium Convention, but not without some
strategic problems. Americans had already proposed a future international drug control treaty
with an extended version of the Shanghai resolution at the Shanghai commission meeting.
This was however contested by other states and never came into fruition.
The 1912 Hague International Opium Convention
In the following years after the Shanghai conference, the United States started heavy
lobbying in order to gather sentiments for a new conference. Sinh notes that by:
Addressing the opium problem directly, publicly and internationally was a way for the U.S. to achieve its
domestic control objectives, to put and en to the profitable drug trade dominated by the colonial powers, and to
curry favour with the Chinese and thereby hopefully improve Sino-American economic relations.63
The UNODC report noted that much of this lobbying was done by reverend Charles H. Brent
that with the backing of the United States was able to gain support amongst church circles
that were also opposed to the British opium trade and took apart of its lobbying. In the end,
enough social capital was achieved in order to get other governments to agree on the new
conference.64 The treaty that in the end only got 8 signatories was confronted by a diversity
of problems since Germany, France, Portugal and British insisted on their own amendments
to the treaty and thereby diluted its international consensus and implementation. The outbreak
of the First World War also complicated things but the few signatories of the treaty prevented
the first opium convention from completely evaporating.65 The treaty did however help
60
Sinh, page 7-8
61
UNODC.org, A Century of International Drug Control, page 7
62
Sinh, page 7-8
Sinh, page 10
63
64
UNODC.org, A Century of International Drug Control, page 49
65
UNODC.org, A Century of International Drug Control page 50
Charles H Brent to push for domestic legislation since he argued that the United States had
obligations under the convention. The Supreme Court claimed that this was not the case in
1916 because of constitutional issues, but by then, the Harrison Narcotics Act of 1914 was
already in place and became the first federal drug prohibition act put into law in the United
States. This was to become a pillar of the United States drug policy for decades to come,
writes Sinh.66
3.4 The history of the UNODC
The first signs of an more extensive attempt at a global stand on illicit drugs came from the
establishment of the Advisory Committee on the traffic of Opium and other Dangerous drugs
(OAC) in the League of Nations during December 15 in 1920, which was the predecessor to
the UN Commission on Narcotic Drugs. The former administration of the Netherlands in The
Hague convention was transferred to the OAC created Opium Control Board (OCB). The
League Health Committee was also formed during this time, which was a precursor to the
World Health Organization (WHO) and was in charge of medical matters. Sinh states that the
League did start to reflect on the demand side of the issue and its socio medical issues like
what constitutes drug use, why individuals use drugs and what social factors can be found
behind the drug issue, but in the end the ideas were neglected by supply side prohibition
arguments after the talks continued by an United States initiative in the 1920s.67 However,
the UNODC view paints a different picture of this:
While the US delegation advocated a strict supply control, the colonial powers defended the traditional forms of
opium use in Asia. They rejected any substantive restrictions on poppy cultivation, arguing that this would only
foster illegal cultivation trade in China. The South American states defended their coca interests and declared
that, at most, they would agree to keep levels of production stable. 68
After the Advisory Committee had finished its business in 1940, another department was
introduced by the UN Economic and Social Council in 1946, which would be called the
Commission on Narcotic Drugs (CND) and have Canadian Charles Henry Ludovic as its first
chair. The Commission consisted of 13 member’s independent from their member states. The
66
67
68
Sinh, page 11
Sinh, page 11
UNODC.org, A Century of International Drug Control, page 52
rise of such an institution came from strong moral and normative standpoints as they saw the
need to prohibit the production of coca plants, hush puppies and other psychotropic
substances in order to regulate the perceived risk of illicit drugs.
In 1961, the UN ratified the Single Convention on Narcotic Drugs that took a wider stand on
drug policies. The earlier treaties had only aimed to control coca and opium related
substances like heroin, morphine and cocaine while the new convention took a broader stance
on what would be considered illegal drugs, as cannabis and other similar products came to be
scrutinized and amended. The new treaty empowered the Commission on Narcotic Drugs
together with the World Health Organization (WHO) to decide what substances would either
be added or taken away from the treaty four schedules at any point in time.
3.4 The role of the United Nations Office of Drugs and Crime
The Commission on Narcotic Drugs also shares some powers with the International Narcotics
Control Board (INCB) that was in charge of enforcement and supervision of the different
treaties implementation. Together with the UN Economic and Social Council, the CND and
INCB were made up by a three pillar power structure, as the CND is in charge for the
preliminary work and normative constructions while the INCB is in charge of
implementation and finally the Economic and Social Council (53 members) that takes the
decisions in annual meetings in Vienna. Any party that had taken part of the treaty also had
the possibility to request amendments to the convention.
The Convention on Psychotropic Substances in 1971 further inclined the list of illicit
substances and in 1988 these treaties were put together into a treaty by the name of United
Nations Convention against illicit Traffic in Narcotic Drugs and Psychotropic Substances of
1988. In the UNODC homepage, one important reason for the first two treaties is explained
by the following:
An important purpose of the first two treaties is to codify internationally applicable control measures in order to
ensure the availability of narcotic drugs and psychotropic substances for medical and scientific purposes, and to
prevent their diversion into illicit markets. 69
69
UNODC.org, Treaties, http://www.unodc.org/unodc/en/treaties/index.html?ref=menuside
The mandate of the Single Convention act under Article 9 would entail that the INCB would
concentrate their efforts to:
Endeavor to limit the cultivation, production, manufacture and use of drugs to an adequate amount required for
medical and scientific purposes, to ensure their availability for such purposes and to prevent illicit cultivation,
production and manufacture of, and illicit trafficking in and use of, drugs.
70
The INCB could then by the treaty amendments of the 1971 convention article 21 bis, to
deduct if a country had enforced its regulation properly thereafter discipline states if they did
not “please” the Commissions and INCBs guidelines for acceptable drug production and
trafficking numbers.71 However, finding a state guilty has proven far more problematic than
simply counting quotas which would categorize these conventions into something between
“hard” and “soft” law. Article 48 designates the International Court of Justice to clear
different disputes between the subjects if other disputes fail.
The CND became a governing body of the UN as its mandates were further expanded in
1991. When the UNODC was created in 1997, it became a part of the new UN organization
that besides drugs dealt with crimes and terrorism. A part of this decision was to also
confront crime related issues like money laundry in relation to drug issues.
The Commission has a number of working groups but holds annual meetings and round table
discussions for one week during the first half of the year with a follow up day during the
second half of the year. During these sessions the CND activities can be confined to
“examine draft decisions, draft resolutions and specific technical issues,”72
There are also inter-sessional meetings of the Commission which focus on finalizing
provisional agendas and “to address organizational and substantive matters; and to provide
continuous and effective policy guidance.”73 Besides the inter-sessional meeting the CDN
also holds informal joint meetings for donors and recipients to give information on the
projects in relation to its resolutions.
70
UNODC.org, , SINGLE CONVENTION ON NARCOTIC DRUGS,
http://www.unodc.org/pdf/convention_1961_en.pdf
71
UNODC.org, The 1971 CONVENTION ON PSYCHOTROPIC SUBSTANCES,
http://www.unodc.org/pdf/convention_1971_en.pdf
72
UNODC.org, Commission on Narcotic Drugs, http://www.unodc.org/unodc/en/commissions/CND/cnd-moreinformation.html ,
73
UNODC.org, Commission on Narcotic Drugs, http://www.unodc.org/unodc/en/commissions/CND/cnd-moreinformation.html ,
The CND also has focus groups in civil society and are active with different drug related
campaigns like the World drug day and the International Anti-corruption day. The
commission also recognized the important role of civil society and calls for a strong
partnership in order to promote their message on all important levels of society. The NGOs
are perceived as an important part of helping the UNODC to carry out its mandates. NGOs
and civil society are also invited to take a consultative role for the UNODC and are invited as
observers.74
Chapter 3
3.1 Case study of Sweden
In the following chapter we will explore the drug field of Sweden and its surrounding
normative elements. The chapter will begin with a descriptive historical view on Swedish
drug regulation and thereafter look at the normative elements of harm reduction and zero
tolerance in the Swedish drug arena. The next section will try to identify the key normative
actors in Swedish drug policy. Finally a chapter will determine prospects of change in
Swedish drug policy and normative framework.
Sweden
Sweden has been praised for its social and economical work in society and is often mentioned
in terms of fruitfully applying welfare into a state system. The later parts of 1700 hundreds
and the following century saw the “liberalization” of Sweden, which meant a gradual
separation of state and church and finally culminating in abolishing complete monarch rule.
In the 19th century, Sweden was not a very wealthy country and because of years of bad
growth and other socio-economic problems, almost 1.3 million Swedes emigrated to the
United States between 1800 and early 1900´s.
Sweden, even if being praised of being a welfare state, has not always been a full blown
welfare state which can only be attributed to the second half of the 19th century which saw an
industrial boom that made the country become one of the richest western countries from
being one of the poorest. Sweden has also taken a “neutral” stand in both World Wars and
after surviving the Second World War rather unscathed, the country saw even more growth in
74
UNODC.org, Civil Society and NGOS, http://www.unodc.org/unodc/en/ngos/index.html?ref=menuside ,
the state and public sector. Today Sweden is widely known for being a country with high
degrees of equality and less socio economic problems than many other countries, including
what some other western countries have to deal with. The next section will take part of the
history of Swedish drug regulations and movements.
3.2 History of drug regulation
Sweden was fairly spared from widespread addiction and problems of narcotics in the
nineteenth century. That is why empirical text´s about narcotics from this time are very
limited, to almost nonexistent. During the history of Sweden before the 20th century, alcohol
has been part of one of its most prominent and widespread problems of intoxication.
Mark Lawrence Schrad who wrote the book The Political Power of Bad Ideas: Networks,
Institutions and the Global Prohibition wave discusses the temperance movements of USA,
Russia and Sweden in the 19th century and claims that most prohibition movements occurred
in the same time period.75 Schrad argues that it was actually Sweden that was a perceived
leader in the world in becoming the first country that successfully goes dry from alcohol and
legislate nationwide alcohol prohibition. According to Schrad, the temperance movement
flourished on a nationwide scale and there were a large majority of people both around the
country and in the Riksdag who supported prohibition.76 The transnational temperance
movements also found their home in Sweden since it had “temperance admonishments”
dating back to the 16th century. When American temperance missionary Robert Baird helped
to form the Swedish Temperance Society (SvenskaNykterhetssällskapet) in the 1830´s,
Sweden was already deeply entranced in heavy alcohol use. The alcohol consumption per
person amounted up to 46 liters of 50% alcohol beverages per person, a number that Schrad
claims is six times higher than today. However, the impressive work of temperance
movements in Sweden by this time got the consumption down to 23 liters per capita in 1850.
Schrad also believes that the sobering of the Swedish nation was in symmetry with its
economic development.
77
In a paper called Temperance Cultures - Concerns about Alcohol
Problems in Nordic and English-Speaking Cultures by Harry G. Levine from 1993, states
75
Schrad Lawrence Mark, The Political Power of Bad Policy – Networks, Institutions, And the Global
Prohibition Wave (Oxford 2010) page 3-5
76
77
Schrad, page 88-89
Schrad , page 94
that since the 19th century, alcohol temperance movements have put focus on alcohol as an
enemy of self control, which is also the key socio-psychological issue addressed by
contemporary temperance movements today.78
Two important temperance figures at this time were pastor Peter Wieselgren and Magnus
Huss which according to Schrad followed the ideologies of the Washingtonian and American
Temperance Society and applied their values of: “individual abstinence from distilled spirits
by means of a temperance pledge.”79 The creation of the first Swedish lodge of the
Independent Order of Good Templars (IOGT) in 1879 sparked the most important
temperance development change in Sweden, in which it was argued that the importance of
the order was more significant in Sweden than anywhere else in the world at the time. By
1910, the movement had gathered the support of 140,000 members, even more than the
movement garnered in the United States.80 The National Order of Templars (Nationella
Templarorden) was founded in 1884 as a more Christian oriented section of the IOGT and
other similar organizations had also gone through the church to advocate their beliefs. The
temperance movements were also in cohesion with other social movements that lobbied for
change in the Swedish political system like woman suffrage, labor engagements and the free
church movements.81 This later also pawned the way for umbrella organization such as
temperance unions for students, teachers, physicians, motorist, rail workers and the riksdag,
where two thirds of the lower house was temperance members during the early 20th century.82
The temperance movements where overwhelmingly considered a grass-root political
development and while national legislation were slow, the local initiatives were of more
impressive character and they were also responsible for creating the Gothenburg system.83 In
1909, the movement had garnered extensive influence and strong organization and put in
extra effort in relation to a trade union strike. The effort resulted in successfully convincing
78
Levine G Harry, Temperance Cultures – Concerns about alcohol problems in Nordic and English-
Speaking Cultures, Oxford press 1993, page 9 (full link in reference list)
79
80
81
82
Schrad, page 94
Schrad, page 94
Schrad, page 95
Schrad, page 96 (Movements in Swedish: Sveriges studerande Ungdoms Helnykterketsförbund,
Sverige lärare nykterhetsförbund, Svenska läkarnas nykterhetsförening,
Helnykterhetsförbund, Järnvägsmännens Helnykterhetsförbund)
83
Schrad, page 96
Motorförarnas
the king to close liquor shops down during the five week strike, with no violent
demonstrations.84
The temperance movements continued to take more initiatives to gather support on a rising
crusade and successfully so. When a nationwide survey including 55% of the whole
population voted for or against prohibition of alcohol, a staggering 1,884 298 people voted in
favor of prohibition and 16 715 voted against it, which comes down to 99.1 % against 0.9
that according to Schrad could be attributed to sentiments for law and order. However, this
was the point in time before debates regarding its implementation was fully applied and when
the issues of bootlegging or corruption became apparent.85 When Doctor Bratt entered the
debate, things got essentially more diverge in the actual application of the prohibition. Schrad
calls Doctor Bratt for the quintessential Swedish hero since he saw him as a reasoned
compromiser. Doctor Bratt challenged the conventional prohibition wisdom with a number of
articles in Svenska Dagbladet and brought a nuance to the debate as Schrad continues:
With the aid of hindsight, Bratt´s practical objections to prohibition seem almost a prophetic list of the reasons
for the failure of prohibition in every country in which it would be undertaken. First, he argued that prohibition
is impossible to enforce so long as respectable and otherwise law-abiding citizens saw nothing inherently wrong
in taking an occasional drink. Second, he asserted that prohibition would be ineffective because of the ease of
home brewing and distilling, which had a long tradition in Sweden. His third, and strongest, objection to
prohibition concerned the creation of an illicit alcohol trade with overwhelming profits, which would result in
extensive underground traffic with the potential to breed lawlessness and corruption. 86
And with that, even after initially gaining immeasurable resistance, Britt was able to bring a
contradicting debate into the Swedish alcohol prohibition movement, a debate which resulted
in full out prohibition never being applied to the Swedish system. However, Sweden applied
heavy control mechanism, resulting in a state controlled liquor legislation where “harder”
alcohol products is only prohibited in special government owned shops called System
bolaget. Even if the temperance movement would not be successful in applying complete
prohibition of alcohol, drugs were a completely different matter.
Drug legislations and important events
84
Schrad, page 97
85
Schrad, page 97-98
Schrad, page 98
86
This thesis will primarily use historical material on drug regulations from Jonas Hartelius
book Narcotic Drug Control Policy in Sweden in order to explain the different regulations.
Legislation development
In 1907, the first “anti venom charter” or rather Poison Ordinance is put into force in
Sweden, forbidding others then pharmacist to sell compounds such as opium, cocaine and
other “poisons”.87 In the coming decades, Sweden would approve of a number of laws in
relation to national drug policy, some oriented towards harm reduction, but the majority
would in time be oriented towards zero tolerance policies:

1916 – First law regarding the treatment of alcoholics

In 1923, the first drug proclamation announcement regarding substances such as
cocaine and opiates is put in place, which was extended by a follow up amendment in
1930 that would also include cannabis. The regulation was further extended in 1933,
also including prison sentences in complicated circumstances

A recipe requirement for amphetamine was introduced in 1939 and because of the
spread of amphetamine abuse; the Medical Board infringed harder regulations for
prescribing the drug in 1944, in which the regulation for prescription becomes
essentially the same as “classic narcotics”.

The year 1964 saw a new drug regulations enforced, stipulating a maximum sentence
of two years in prison, which is however lowered to a one year sentence in 1965 when
the penal code is imposed.

This was followed by the 1967 Narcotic Drugs Punishment Act (1968:64) becoming
enforced, stipulating a 4 year maximum sentence for serious drug offences.

1969 to 1972, the Prosecutor General (Riksåklagare) presents regulation regarding
prosecution omission for drug offenses. The regulations lead to a practical
administrative decriminalization of possession and transfer of smaller amounts of
cannabis and amphetamine. A similar legislation was passed in 1980 which was a
87
Hartelius Jonas, Narcotic Drug Control Policy in Sweden- the Post-War Experience, (Stockholm 2008)
page 15
waiver enacted by the Prosecutor General allowing only small doses of hashish being
exempt from prosecution and in 1983 the Prosecutor General also filled that
consumption should be exempt from prosecution.

The penalty of serious drug offenses is increased to a 10 year maximum sentence in
1972.

1982 saw a new law regarding addiction healthcare (LVM, 1981:1243) that
introduced the possibility of compulsory healthcare and intervention in terms of
alcohol, drug or volatile solvents addiction. This gave the law enforcement the
authority to make immediate arrests. The same year a law regarding healthcare of
young individuals (Lagen av vård av unga, LVU, 1980:621) replaces the old law and
stipulates decisions regarding social action in both youth and parental addiction.

The criminal provision for drug offense (Narkotikaförseelse) is changed to minor drug
offense (ringa narkotika brott) in 1985.

The new punishment oriented laws were further extended in 1993, which also
included a maximum 6 month prison sentence besides only fines. The new regulation
also allowed the police to start using urine testing.

A change in the law of traffic related misconduct is imposed in 1999. The new
regulation stipulates a zero tolerance level of driving while intoxicated on illicit drugs.
However, the exception is prescribed narcotic classed substances that have been
prescribed by a doctor. A special law gives the law enforcement the possibility to
make eye controls in the case of suspicion. A law is passed in ( 1999:42 ) regarding
substances with hazardous implication for health, that gives the government the
option to regulate substances with intoxicating effects that does not yet satisfy the
criteria for narcotics control. Consumption is left non punishable. Gradually several
substances are redefined as hazardous illicit drugs.88

In 2005, Law enforcement lost its authority to make immediate arrests and forced
institutionalization of addicts according to LVM.

In 2006, Sweden enacts the Act SFS 2006:323, which stipulates that each of the 27
Swedish county´s are allowed to enact needle exchange programmes in their areas.89
88
89
Hartelius, page 83 - 87
EMCDDA.eu, Country legal Profile: Sweden, ( full link in reference list)
http://www.emcdda.europa.eu/html.cfm/index5174EN.html?pluginMethod=eldd.countryprofiles&country=SE
General historical drug issue developments
The abuse reported at the early stages of Sweden’s illicit narcotics use was mostly attributed
to use in the medical sector and would be a part of what Nils Bejerot (also called the “hero”
of Swedish drug policy) would later classify as professional addiction and was for a while
treated as an occupational disease.90
In the middle of the 1930´s, the synthetic central stimulate substance amphetamine became
introduced in Sweden. It was mainly used in the health and medical sector but was also used
in the Swedish military, for its hunger decreasing and energy providing properties in keeping
soldiers awake for a long time. Hartelius also reports use amongst bohemians, students and
others during the Second World War.91 According to Hartelius, the substance became quickly
popular for abuse and recreational purposes.
Hartelius states that the narcotics situation had worsened significantly during 1960. 92 In 1961
the United Nations ratified the Single Convention of Narcotic drug that was later signed by
Sweden on the 18th of December 1964. The decision was according to Hartelius the end
point of Sweden´s restrictive narcotics politics. He continues to explain the explicit relation
between the ratification and Swedish drug policy in general:
The fundamental principle of both international and Swedish narcotic drug control was that narcotic drugs
should be permitted only for carefully controlled medical and scientific purposes. The principle is still in force. 93
But what unfolded in the coming years, would change Swedish Drug Policy until this day and
still is a vital and dramatic issue in the general Swedish drug policy debates, namely the legal
prescription experiment of 1965-1967. According to Hartelius, the events leading up to the
actual incident was colored by non detailed drug regulations and had characteristics of a
reinforced pharmacist policy.94 It was the weakness of the medical arena that Hartelius
argued was in blame for most of the narcotic supply at the time. According to him, the
doctors were simply fooled into writing prescriptions on false pretense, prescriptions were
90
91
Hartelius, page 20
Hartelius, page 15
92
Hartelius, page 18
93
Hartelius, page 18
Hartelius, page 18
94
being forged and pharmacies being raided.95 This was strengthened by alarms issued by the
Swedish National Board of Health that prescriptions were to carelessly be approved.
Hartelius argued that the smuggling of narcotic drugs were still insignificant.96 Since this is
Sweden’s more known Harm reduction experiment, I will further explore it in the harm
reduction section below.
In the time period between 1966-1967 reports started surfacing of Cannabis and Hashish
misuse in Sweden.97 The Swedish state public health institute (Statens folkhälsoinstitut, FHI)
report of 2011 called Narcotics use in Sweden (Narkotikabruket I Sverige) paints a larger
statistical overview of the Swedish drug use. The report shows that the first real case study
made about Swedish drug users was done by the Committee on the Treatment of Drug abuse
of 1967 and concluded that there were among 3000 users at the time and 4000 – 5000 users if
counting “hidden” cases. There were also some methodological problems and unanswered
forms which did not include a general overview.98 In a report by Gérald Lafreniére prepared
to the Canadian special Committee on illegal drugs on the 18th of April 2002 called National
Drug policy of Sweden we get another foreign view of Swedish Drug Policy. The author
concluded that the Committee on the Treatment of Drug abuse who constructed four reports
during 1967 – 1969 and which would lead up to the 1968 Narcotic drugs Punishment act
would together with the findings of Nils Bejerot be responsible for Sweden’s restrictive drug
policy for decades to come. Lafreniére´s report also point to massive school and media
campaigns against drugs that started in 1968. These campaigns had important socializing
effects for future generations, which especially put emphasis on theories like the gateway
theory.99 These campaigns are still according to Ted Goldberg who has long been questioning
Swedish drug policy and who wrote the paper The Evolution of Swedish Drug Policy from
2004 in the Journal of Drug issues some of the key prevention measures against drug use
today.100 At this time period, a number of organizations would be created in relation to
spreading certain normative values in Sweden and thereby creating sentiments for certain
95
Hartelius, page 19
96
Hartelius, page 19
Hartelius, page 84
97
98
Statens folkhälsoinstitut, Narkotikabruket I Sverige, (Östersund 2010) page. 24 ( full link in reference list)
99
Lafreniére Gérald, National Drug policy of Sweden, Report to Canadian Special Committee on illegal
drugs,(full link in reference list),
100
Goldberg Ted , The Evolution of Swedish Drug Policy, from July 1st 2004, Journal of Drug issues, page
567 (full link in reference list)
drug policies. In 1965, an association called the Swedish Association for Help and Aid to
drug Addicts (Riksförbundet för hjälp åt läkemedelsmissbrukare) was formed by Frank
Hirschfeldt and worked with social political questions regarding narcotics. The organization
believed in making the voices heard of people who were directly associated with the risk of
drug addiction.101 The National Association of a Drug free Society (Narkotikafritt Samhälle,
RNS) is also formed by Nils Bejerot during this time in 1969. This organization would
implement an ideological drug policy platform that is alive and well in Sweden´s
contemporary view on illicit drugs and which strongly supports a restrictive drug policy and
harsher drug laws. These two organizations would represent the two opposing sides of the
drug policy debate where RFHL supported more harm reduction oriented views while RNS
believed more in zero tolerance oriented views. These two organizations would be in stark
contrast to each other in debates surrounding issues like compulsory health care for addicts
and what constituted the basis of increasing drug abuse.102 However, with a few exceptions,
zero tolerance oriented and prohibitionist views would be the dominating factor in molding
the Swedish drug policy in the coming decades. One of the reasons for this may be the
exclusion of almost any harm reduction oriented debates concerning drug policies during this
era. The discursive framework for debates changed and harm reduction measures would not
be nationally debated or considered until the late 1990´s. Goldberg argues that during the
beginning of the prohibitionist era in Sweden, zero tolerance on drugs was applied on many
levels, including debates. He continues to state that:
No censorship laws were passed, but both radio and TV were public broadcasting monopolies at the time and
opponents of prohibitionist policies were simply not given any air time. Even the editors of privately owned
newspapers and magazines acted as it were a public duty to combat the spread of drugs by not giving “false
prophets” a chance to confuse children. 103
It should also be noted that the organizational power of organizations like RNS would
suggest a strong base for their normative influence in the coming years. Their ability together
with important figures like Nils Bejerots ability to confront the problem and construct its
relating discourse would predominately lead to the internalization of zero tolerance strategies
into the fray of Swedish drug policy.104 This internalization may have created what
101
RFHL.se, Historia, http://rfhl.se/rfhl15/index.php?option=com_content&view=article&id=13&Itemid=35
102
RFHL.se, Historia
103
Goldberg, page 554
Hartelius, page 77
104
Finnemore and Sikkink called a “taken for granted” ability which may also have contributed
to the one sided debate.105 Tim Boekhut van Solinge who wrote The Swedish Drug Control
System – An in-depth review and analysis with help of the Dutch Ministry of Health and
Welfare and the Swedish National Institute of Public health in 1997 argues that even if
Sweden´s actual drug problem is rather small compared to other European countries, the
public opinion views drugs as one of societies main problems, ranking it above racism and
unemployment. Solinge argues that this was a result of “moral panic”.106 Zero tolerance
organizations could also point to broad public support as RNS committed to a campaign that
resulted in 434 000 signatures for the criminalization of unlawful consumption of drugs in
1984, but were not successful at the time.107 However in 1988, Unlawful use of illicit
narcotics is criminalized and punishments are enforced in terms of penalty, which did not
allow mandatory urine testing by the police. The new punishment oriented laws were further
extended in 1993, which also included a maximum 6 month prison sentence besides only
fines. The new regulation also allowed the police to start using urine testing. 108 However, it is
also important to note international normative powers in relation to molding the Swedish
model for drug policy and its laws. One example of this is when the drug Treatment
Committee rejected a formal decriminalization of the possession of small amounts of
narcotics in 1967 and referenced to the UN Single Convention on Narcotic drugs.109 The end
of the 1960´s and the enforcement of the Narcotic Punishment Act can more or less be seen
as the starting point of a zero tolerance oriented model of drug policy. There were
nevertheless much more liberal sympathies and socio-economical inputs to drug policy
during the 1970´s, even if this never resulted in actual harm reduction oriented policies
according to Solinge.110 A change in government in the end of 1970´s followed a more
restrictive path of drug policy and adopted a national goal of a “drug free society” in 1978.
Drug policy had become a highly political issue by this time and both competing parties at
this time stipulated the need to confront the drug issue.111 In the 1980´s Sweden had almost
Finnemore, Martha & Kathryn Sikkink, “International Norm Dynamics and Political Change”, International
Organization, 1998, page 895
105
Tim Boekhut van Solinge, The Swedish Drug Control System – An in-depth review and analysis, Dutch
Ministry of Health, Welfare and Sports, 1999, page 61 ( full link in reference list)
106
107
108
Hartelius, page 50
Hartelius, page 86
109
Hartelius, page 44
110
Solinge, page 51
Solinge, page 54 - 55
111
fully enforced its Swedish model of drug policy, which pointed to the complete eradication of
drugs in Sweden, thus setting a goal of total victory. Ingvar Carlsson the then Deputy Prime
Minister from the social democrats announces that the government should “clean the house of
drugs” in 1982, thus stipulating the governmental role and goal in facing the drug
dilemma.112 As the penalties grew harder, resulting in prison sentences for minor possession
and urine testing after Carl Bildt took office in the 1990´s, harm reduction elements were
almost non- existent in Swedish Drug Policy. Special law enforcement bodies like the Rave
Commission were also appointed to confront fears that the growing culture of electronic
music during the beginning of the 90´s had deep ties with drug use. However, the late 90´s
saw some change in what could be explained as an almost completely linear prohibitionist
time period. Goldberg reports that it was not until 1998 that Sweden saw a change in the
debate regarding Swedish Drug Policy in relation to an editorial by Friborg in Swedish news
paper Dagens nyheter in 1998. Goldberg argues that:
Until that time, the fear of narcotics was so great in Sweden that questions of free speech and censorship were
not even considered issues in conjunction with illicit drugs (as opposed to just about any other issue). 113
The 21st century would pawn the way for some harm reduction strategies in form of accepting
the lawful installation of clean syringe programmes and some cases of accepting treatment
for addicts. However, the legal framework of the Swedish drug policy model would not see
any substantial change as the hunt for consumers, producers and traffickers continued on a
wide scale, with the exception of 2005 which saw an end to forced institutionalization of
addicts. The anti drug campaigns initiated by the government continue to be implemented on
a large scale in for example schools. These campaigns are still according to Goldberg some
of the key prevention measures against drugs.114 As have been mentioned before, Sweden
continues to also work with normative issues on a international level and in May of 2012 the
Swedish minister in charge of narcotic issues will meet with the Russian, Italian, British and
American drug tsars together with other prohibitionist organizations in order to construct new
cooperation and ideas for zero tolerance. The creation of this new institution called World
Federation against Drugs (WFAD 2012) would spark new international cooperation and new
political institutionalization of zero tolerance strategies in Sweden and abroad.115
112
Hartelius, page 85 - 86
113
Goldberg, page 554
114
Goldberg, page 567
World Federation Against Drugs, www.wfad.se
115
3.3. Sweden and Harm reduction
The Swedish Legal Prescription experiment of 1965-1967
Until this day, The Swedish Legal Prescription experiment is used as an example in debates
concerning liberal and restrictive drug policy. Prohibitionist has referred to the experiment as
a reason why legitimization or substitution clinics will not work. However, the reports of Nils
Bejerot who came to the conclusion that the experiment led to massive increases in addiction
and crime has also gained its fair share of criticism. In many ways this experiment had
become an important political and ideological tool for the future of Swedish Drug policy and
also an example used for debates in the international arena. Hartelius like Nils Bejerot are
both known zero tolerance activists and base much of their critique on harm reduction
strategies are based on this experiment. I will begin with painting the Hartelius viewpoint of
the experiment and then relate this to existing criticism.
According to Hartelius the forefront for the legal experiment started with a media debate that:
“put the expert knowledge aside and obstructed the traditional Swedish control of narcotic
drugs.”116 He goes on to explain that by a series of contributions to the Swedish newspapers
Experssen and Dagens Nyheter, Mr Frank Hirschfeldt, made an attack on Swedish drug
policy and called it inhumane. The more famous article by him was called Save the drug
addict from the police! (Rädda narkomanen från polisen) and argued that addicts should get
“a legal ration” of drugs in order to stem addicts from committing crimes by trying to get it
on the illegal market. The organization Swedish Association for Help and Aid to Drug addicts
(RFHL) was imitated in relation to this campaign in which Hirschfeldt became the chairman.
Hartelius continues:
The new, radical ideas received almost total support. An overwhelming majority of Swedish
editorial comments and contributions of the debate was in favor of the proposal.117
116
117
Hartelius, page 21
Hartelius, page 21
Dr Nils Bejerot attempted to warn about the consequences of prescribing large doses to active
criminals but was not heard. The Swedish National Board of Health also gave unofficial
permission to go on with the experiment and the experiment was launched in April 1965 in
Stockholm and to a smaller degree in Gothenburg. Dr. S-E Åhström M.D was in charge of
the experiment and was as Hartelius describes a believer in a method of “liberal
prescription”, which meant that if addicts got enough drugs, they would get away from their
addiction when the addicts decided the dosage themselves. Hartelius states that the basic
notion of Åhström was that addicts would get the amount they wanted, which would result in
them decreasing their doses and finally quitting altogether.118 However, the intentions of the
experiment did not live up to their original goal as the surplus dosages made it out to the
black market and out of Åhström ability to control the situation. Several administrative
members of the prescription experiment also ended their participation and in the end only
Åhström continued to be active. Hartelius remarks that Sweden had simply forgot to learn
their lessons of the British legal experiment which he also argues, was to fault for the heroin
epidemic in Britain during the 1960´s in which Lady Isabella Frankau had made similar
attempts of legal prescription and created secondary spreading on the illegal market. 119 Nils
Bejerot had also enacted a famous study during the experiment, measuring the amount of
needle marks on patients in which he concluded that the experiment had led to massive
increases in Heroin use and also a rise in criminal activity. In short, Hartelius and Bejerot
argued that the following consequences and outcomes should be related the legal experiment:

Secondary spreading, the large dosages that Åhström prescribed made it out on the
illegal market where they continued to spread amongst other people. The drug user is
coined a disease spreader, where the drugs are the disease and the people using it also
contaminates other people around them.

A rise in criminality and criminal activity: the experiment had led to more individuals
becoming criminally active (especially in terms of amphetamine being used as a
energy based stimulate so criminals would commit more crimes) and that more crimes
were generally being reported amongst the population and amongst the patients.

Deaths and social misdemeanor: The experiment had led to more deaths amongst drug
users and especially patients taking part in the experiment. The experiment had also
118
119
Hartelius, page 21-22
Hartelius, page 23
led to more people being on the sick list and an increase in the number of recipients of
social assistance.

Legal prescription was to fault for the heroin epidemic: The legal experiment was the
main reason for the following heroin epidemic in Sweden.
Besides these points, the zero tolerance oriented activist often also point to children and the
risk of legal experiments or a more lenient drug policy would have on their futures.
Contradictions
Many have questioned the basis on which these arguments are based, since they believe that
other factors might have had an important part in the fallout of the Swedish drug problem and
the legal experiment. One basis of questions is the historical representation that Hartelius
uses in his arguments for the failure of other legal experiments, like the one in Britain. In a
book review made by Alan Travis called A lost war from the 11th of September 2002 the
historical review of the British drug policy historical understanding is put upside down. The
author points to HB “Bing” Spear who was an important character in drug policy during the
time of the legal experiments of Frankau and the previous decade. According to the article,
Spear refers to the regulations following the Frankau experiment as “an unmitigated disaster”
since they consequently would prevent legal experiment offices to face the coming heroin
boom of the 1980´s. According to the article, legal experiments were working before Frankau
had made her generous attempts of legal prescription.120 Solinge is another critique of how
the experiment was used in scientific terms and eventually by populist elements, as he
explains:
Although Bejerot´s thesis that the prescription experiment has had a fatal, triggering effect on the further spread
of drug use is not valid in scientific terms, the idea still widely accepted today. Bejerot´s influence is surprising
since his ideas and conclusions are rarely shared by other members of the scientific community, both in Sweden
and Internationally.121
120
Guardian.uk, Travis Alan, A Lost War,
http://www.guardian.co.uk/society/2002/sep/11/drugsandalcohol.guardiansocietysupplement
Tim Boekhut van Solinge, The Swedish Drug ControlSystem – An in-depth review and analysis, Dutch
121
Ministry of Health, Welfare and Sports, 1999, page 45
Solinge refers to the questionable “results” that were concluded in the injection mark study
and points to the following factors in his argument:

The police statistics Bejerot used in his report may not show data that can be used for
general conclusion because they do not take real societal developments or police
activity into account.122

The increase in injection marks in 1965 may not simply been a matter of the legal
experiment as Solinge points to more general developments during this period which
should hold some responsibility. Needlemarks had already been increasing before
1965 and the increase could largely be attributed to more general developments, as
the increase in drug use by the 1960´s, when LSD and Cannabis was also increasing
and the issue that between 1965-1967, intravenous drug use increased not only in
Stockholm, but in most Western and European countries.123

He refers to Ole-Joergen Skog, a Norwegian scientist who made a in depth analysis of
Bejerot findings and who related the findings to later data in 1970-1977 stated that
there was no evidence to support the hypothesis of change between liberal to
restrictive policy and its reduction effects.124

Other legal experiments using heroin substitution has been analyzed by the European
Monitoring Centre for Drugs and Drug Addiction (EMCDDA) who came out with a
report this year 2012 named EMCDDA report presents latest evidence on heroinassisted treatment for hard-to-treat opioid users stating the success of medical heroin
treatment systems, where a test was made in 15 countries applying the treatment. The
article concluded that:
Findings show that SIH treatment can lead to: the ‘substantially improved’ health and well-being of
this group; ‘major reductions’ in their continued use of illicit ‘street’ heroin; ‘major disengagement
from criminal activities’, such as acquisitive crime to fund their drug use and ‘marked improvements in
social functioning’ (e.g. stable housing, higher employment rate).125
Tim Boekhut van Solinge, The Swedish Drug ControlSystem – An in-depth review and analysis, Dutch
Ministry of Health, Welfare and Sports, 1999, page 45-46
122
Tim Boekhut van Solinge, The Swedish Drug ControlSystem – An in-depth review and analysis, Dutch
Ministry of Health, Welfare and Sports, 1999, page 42 & 46
123
124
Tim Boekhut van Solinge, The Swedish Drug ControlSystem – An in-depth review and analysis, Dutch
Ministry of Health, Welfare and Sports, 1999, page 46
125
http://www.emcdda.europa.eu/news/2012/1 , EMCDDA report presents latest evidence on heroinassisted treatment for hard-to-treat opioid users,
The arguments posed by both sides suggests that it is very hard to draw general conclusions
on the experiment, even if the experiment may have been poorly executed which added fire
to an already historically significant drug epidemic.
3.5 Prospects of change
Short term
There is very little to suggest that Sweden is going to have any quick changes to it´s drug
policy or it´s normative stance on the issue. But the number of harm reduction norm
entrepreneurs and debates regarding drug policies has been on an upswing lately. Comparing
to 10-15 years ago the debate between zero tolerance and harm reduction activist has been
growing substantially. This may be attributed to both international norm cascades as well as
new domestic actors being involved in spreading and creating new forums of debate.
Globalization has also made these norm cascades more accessible to the general public as
internet is today used by a large majority of the Swedish people. Nevertheless, even if media
and other actors have been digging into the debate as of late and some actual policy changes
in terms of allowing clean syringe programs to exist in Stockholm have been implemented,
the short term prospect of overall change is very small. With growing enthusiasm of harm
reduction activist also comes a strong opposition of zero tolerance proponents. The deeply
integrated zero tolerance norms of Sweden will not change overnight, there is just to much
capital and to much political energy spent on it to make it stay that way for years to come.
Long term
The last couple of years have pointed to a growing sentiment for debating harm reduction
strategies in the world at large. The global commission report of 2011 has been one of these
major developments where actual high profile politicians have taking the issue to a talking
point on an international level. There seems to be a breaking of the taboo in the debate itself,
which can also be seen in Sweden, where the debate is even getting greater recognition in the
media, for example there has been a whole section diverted for narcotics debate in the
Swedish news station Sveriges television or in newspapers like Svenska dagbladet. 126 Some
126
SVD.se, Polisen ska inte agera ideologisk bromskloss,from 9th of April 2012,
http://www.svd.se/opinion/brannpunkt/polisen-ska-inte-agera-ideologisk-bromskloss_6984767.svd
TV debates are also occurring and other movements start to make their voices louder in the
issue like the Liberal Party of Sweden and the organization for addicts (brukarföreningen).127
However, no policy change in itself is actually being considered or even debated on a state
level. The judicial system has also made some changes to the prosecution of drug users,
which have some critique from Swedish law enforcement.128
The “Swedish Model” in drug policy is nevertheless alive and well, and will continue to live
on as long as there are enough organization and political capital behind it. The growing
debate may in fact be a factor for change for the future, but it is still not enough to sway any
grander implications for policy overhaul in the upcoming years.
Chapter 4
4.1 Case study of Portugal
Portugal has for long been a great colonial power and has managed to influence the world
significantly during its existence. After wars with Spain and France, Portugal gradually lost
power over its colonies and the end of 1970´s saw conflicts in Portugal´s African colonies
that put significant strain on the economy. This culminated in domestic political battles that
resulted in the last great colonies becoming independent, Portugal left its last colony named
Macao to China in 1999.
In 1926, One of Portugal’s most important figures during the 20th century would appear in
form on Antonia Salazar. After adhering to the economic situation, Salazar was appointed
finance minister in 1928 and later became prime minister in 1932. Together with his
successor Marcelo Caetano who later became the prime minister in 1968, Portugal was ruled
as an authoritarian “corporate state” for almost 42 years. Portugal was like Sweden rather
unscathed during the two World Wars and remained neutral. Portugal also joined NATO as
one of the founding nations in 1949 becoming a charter state. However, growing tensions
regarding the African colonial wars and other dissatisfaction movements ended the
authoritarian regime after a bloody revolt against Caetano in 1974. A new constitution was
enforced; stipulating strong controls on the use of military and decreased the powers of the
President. Portugal went from being a corporate state to a Parliamentary democracy. Portugal
127
SVD.se, Knark debatten måste kliva ut i verkligheten, from 19th of March 2012
http://debatt.svt.se/2012/03/19/narkomaner-dor-medan-de-populistiska-politikerna-kabblar/
128
Newsmill.se, HD:s milda syn på narkotikabrott gör att färre åker fast, from 27th of march 2012,
http://www.newsmill.se/artikel/2012/03/25/hds-milda-syn-p-narkotikabrott-g-r-att-f-rre-ker-fast
later joined the European Union in 1986. The next section will explore the history of drug
regulation in Portugal.
4.2 History of drug regulation
Geographically, Portugal is located on a transit route for a lot of smuggling to Europe, where
both Colombian and Mexican narcotics often go through Portugal to reach European
consumers. Portugal has also been a rather secluded state with little influence from the rest of
Europe during Salazar regime. This resulted in that drugs never come to play a significant
role in the Portuguese society until the 1970´s.
Before 1970 there were reports of LSD use among artist and bohemians, but never any
widespread “epidemics” of other drugs. Portugal also never incorporated the temperance
movements against alcohol like many other European countries during the beginning of the
20th century and the end of the 19th century. However, Portugal was one of the few signatory
states to the 1912 Hague Convention.
Jack S Blocker, David M Fahey and Ian R Yrell who wrote the book Alcohol and
Temperance in Modern History: An International Encyclopedia, Volume 1 refer to Portugal
as being one of the Mediterranean wine preferring countries and what could be called a Wine
culture. The Wine industry has according to Blocker, Fahey and Yrell been an important
economic element for Portugal for many centuries and has also been safeguarded by an
alcohol-control structure for economic interests for the last couple of decades. Blocker, Fahey
and Yrell argues that Wine was more seen as an agricultural product and plainly as
“foodstuff” and not as much as an intoxicating substance which has been an important public
discourse in preventing social and health issues to be brought up in Portuguese alcohol policy
until recently. They also assert that not only did Portugal lack Temperance movements;
Portugal also lacked any kind of non-governmental nationwide organizations that fought
against alcohol.129
Levine´s paper on Temperance cultures suggests that there are several other factors that could
be attributed to the lack of temperance movements in Portugal. According to Levine there are
two great differences between countries who had temperance activity and those who had not,
129
Blocker S Jack, Fahey M David, Yrell R Ian, Alcohol and Temperance in Modern History: An
International Encyclopedia, Volume 1, page 487
namely those countries with temperance activity also to a larger extent ingested distilled
alcohol beverages, which is of stronger forms like vodka, rum, gin etc. The second point is
that temperance cultures would predominately be protestant societies and non temperance
cultures often lacked these two points of departure.130 Portugal´s main religion is also
catholic while Sweden is protestant. Levine goes on to explain that non temperance societies
would actually not necessarily drink less in actual liters of alcoholic beverages, but the
difference lies in the form of beverage, where wine has been more dominant instead of hard
liquor. Today alcohol beverages are limited to licensed shops and importers also need special
license in order to import alcohol into the country. The age limit for buying alcohol is 16
compared to 21 for Sweden.
The history of illicit drugs in Portugal may be a bit different than most countries in Europe,
mainly because of the dictatorships under Salazar and Caetano which prevented new ideas,
cultures and general western influence to take hold in the country until the revolution in
1974. Before the dictatorship, Portugal had ratified a national legal framework after the 1912
Opium convention in early 1920´s. However, Portugal would not address any other
legislation on the subject for the next 40 years, and neither would there be any debate around
it, according to the EMCDDA.131 Artur Domostawski who wrote the paper Drug Policy in
Portugal: The Benefits of Decriminalizing drug use from June 2011 in the Open Society
Foundation reports that it was not until the 1970´s that drugs became an issue in the
Portuguese society. Domostawski mentions three arguments why drugs suddenly became
apparent in Portugal during this time:

The end of the colonial wars in Africa, which resulted in people and soldiers coming home to
Portugal that may have also brought drugs back in both a physical and mental sense since the
colonies used them much more frequently and openly.

The fall of the Salazar dictatorship in 1974, that quickly opened up the country and its
boarders for outside influence.
130
Levine G Harry, Temperance Cultures – Concerns about alcohol problems in Nordic and English-
Speaking Cultures, Oxford press 1993 page 3-5 (insert tabell)
131
EMCDDA.eu, Policy Profile: Portugal, page 10 (full link in reference list)
http://www.emcdda.europa.eu/attachements.cfm/att_137215_EN_PolicyProfile_Portugal_WEB_Final.pdf

Becoming a part of other western countries that inherently were already struggling with drug
related issues.132
In many ways, the case of Portugal reminds us more of eastern countries who came out of the
Soviet Union in 1991 that most other western countries. The Eastern countries have dealt
with similar issues, where some countries have been battling widespread cases of drug use
and addiction, like Estonia. Like many eastern countries after the fall of the Soviet Union,
Portugal was ill prepared to face the stream of changes that would hit the country, which was
a result of long isolation. According to Domostawski, Portugal had no knowledge of how to
handle the issue, or to even make a distinction between hard and soft drugs. EMCDDA
reports that drugs were already mentioned in mental health law in 1963 and Portugal also
enacted its first law regulating traffic, production and use of narcotics in 1970.133
Domostawski reports that cannabis was one of the drugs used in Portugal in the early 1980´s,
but heroin had already entered the market in the end of the 1970´s. These inflows were
mostly from the former colony of Mozambique where Pakistani and Indian heroin had been
imported and later brought to Portugal by Portuguese of Pakistani origin and was later sold
on the streets in the 1970´s and 1980´s. 134
4.3 Portugal during the Zero tolerance period
Portugal enacted two governmental organizations under the Council of Ministers to face this
problem, namely the Drug Criminal Investigation Centre (Centro de Investigação Judiciária
da Droga) who was in charge of supply reduction and law enforcement and the Youth Studies
Centre (Centro de Estudos da Juventude ), who were in charge of prevention development
and treatment. It was also the Youth Studies Centre who first mentioned decriminalization in
a report in 1976, stipulating that the concept of drug use as a criminal act should be
revised.135
132
Domostawski Artur, Drug Policy in Portugal – The benefits of Decriminalizing Drug Use, Open Society
Foundations, June 2011, page 13 – 14 (full link in reference list)
133
134
135
EMCDDA.eu, Policy Profile: Portugal, page 9
Domostawski, page 14
EMCDDA.eu, Policy Profile: Portugal, page 11
After the smuggling gangs had been broken up in Mozambique, Heroin started to flow in
from the Netherlands. Domostawski argues that because the drug smuggling was diversified
into many small groups, the authorities had an impossible task to stop it altogether. Soon
heroin would become a major issue in the Portuguese society. Heroin was not only injected
but also smoked and at the end of 1980´s and beginning of 1990´s, the problem had become
existential. Portugal who lacked organizations to tackle the problem also did not have any
extensive research in the field. It was a public outcry that formed the consensus on Portugal
having a grave drug problem, mainly from what Domostawski refers to as general
impressions and anecdotal evidence. These views came mostly from the larger cities like
Lisbon where drug use had become more visible and open. A Euro barometer in 1997
apparently concluded that the narcotics issue was the country’s main problem.136 Danna
Harman of the Huffington Post estimated the number of estimated heroin addicts to 100 000
in the end of the 1980´s.137 In an article by Laurence Allen, Mike Trace and Axel Klein called
Decriminalization of Drugs in Portugal: a current overview report similar numbers ranging
from 6 – 10 persons per 1000 people being addicted to heroin. However, national surveys
were highly unreliable at the early stages of Portuguese drug policy according to a report
called Decriminalization of Drug Use in Portugal: The Development of a Policy from 2002
by Mirjam Van Het Loo, Ineke Van Beusekom and James P Kahan.138 However, budgetary
and operational reasons created a restructuring of the services that had previously been
enacted, in which the drug operational system was moved closer to the criminal justice
system in 1982. A new law in 1983 that was enforced in affiliation with the 1971 UN
Convention on Psychotropic substances, which Portugal also signed, continued a repressive
view on drugs that further acknowledged illicit drugs as something criminal. The 1983 law
also stipulated that drug users were to be seen as patients in need of medical care which
brought the Ministry of Health into the nation’s drug policy field. Most treatment centers at
the time were nevertheless still under the Ministry of justice.
Portugal responded to the growing concerns in the late 1980´s, where the government
initiated the first drug treatment programs and establishing the TAIPAS treatment center in
136
137
138
Domostawski, page 14
http://www.huffingtonpost.com/danna-harman/when-heroin-was-king-ten-_b_897474.html
Loo Het Van Mirjam, Beusekom Van Ineke, Kahan P James, Decriminilization of Drug Use in Portugal: The
Development of a Policy, from American Academy of Political and Social Science in 2002, page 51 (full link in
reference list)
Lisbon. The initiation of Projecto Vido in 1987 was partially responsible for this change in
direction.139 Allen, Trace and Klein refers to heroin injection being a large part of Portugal’s
HIV problems during the 1990´s, where HIV infections attributed to Heroin use in 1993 rose
from 73 cases to 505 cases in 1998. During this time period, drug related deaths also rose
threefold.
140
Even if Portugal had one of Europe’s lowest figures in actual drug use at the
time, it had average or higher numbers in actual problematic users, especially heroin use.
Domowstawski further explains that the traditional moral views that had dominated
Portuguese society made a natural rise in concern amongst the population even if the actual
numbers of drug users was not that large.141
Until September 2001, Portugal had been fighting the drug dilemma with a prohibitionist
zero tolerance objective. Portugal did not differentiate between “hard drugs” and “soft drugs”
and penalties were being enforced for small amounts of narcotics which could lead up to
three months in prison or fines. Narcotic quantities reaching levels of a three day supply
could result in a one year prison time or fines.142 This was a result of the 1993 Decree law
that pointed to supply reduction demands and also stipulated users to be handled in a “quasi
symbolic manner”, which generally outlined that while fines and prison was on the list of
prosecutions, they could also be suspended if the user chooses treatment. The same year also
saw the first HIV and Syringe-exchange and HIV testing facilities being created in Portugal.
143
4.4 Portugal and Harm reduction
In the end of the 1990´s a great change would occur in Portugal view of handling its drug
policy. The church had also started to take a more active role in the issue and initiated
Projecto Vida, which would constitute a basis for future organizations like the Institute on
Drugs and Drug addiction (IDT) that has continued to operate several therapeutic
communities in the future. However, according to Domastawski, there were still some
139
140
EMCDDA.eu, Policy Profile: Portugal, page 12
Allen Laurence, Trace Mike & Klein Axel, Decriminalization of Drugs in Portugal: a current overview,
The Beckley Foundation 2003, page 1, (full link in reference list)
141
Domostawski page 15
142
Allen, Trace & Klein, page 1,
EMCDDA.eu, Policy Profile: Portugal, page 12
143
limitations in regard to their application into practice, as clean syringe facilities were still
considered illegal and that addicts would not seek out the treatment centers because of the
fear of stigmatization in being viewed as criminals.144 Much like Sweden, the argument was
that clean syringe facilities would help addicts to commit acts of crime since it was not
applicable to current law. When the situation continued to deter into the wrong direction and
a larger number of users and patients were becoming a well known fact, the issue became a
political question in 1998. Domostawski argued that Portugal acted very differently from
many other countries in the same situation. Domostawski explains:
Looking to other jurisdictions, if a social issue of special concern relating to criminal law arises, many
governments react with an “emergency policy” or a “zero tolerance policy.” This does not mean introducing a
state of emergency, but more often developing public awareness efforts, such as anti-speeding campaigns, and
toughening the laws and sanctions on the issue. 145
Remarkably, Portugal acted in a completely different way, even if Portugal is widely known
to be a traditionally conservative state that lived under authoritarian rule for quite some time.
On the 16th of February 1998, the Portuguese government appointed a special committee with
the help of then Prime Minister Jose Socrates, also known as one of the chief architects of the
Portuguese drug decriminalization experiment. The committee that consisted of a wide
variety of scientist, sociologist, specialist, doctors and social activist convened under an 8
month period and convened to make a new drug recommendation that could be turned into a
national strategy.146 According to an IDT report on the Council of Ministers resolution in
1999, the committee also had special meetings with related organizations, the supreme court
of
justice,
the
National
Council
for
Drug
addiction
(Conselho
Nacional
da
Toxicodependencia) and civil society in order to ensure a wide area of application and
collaboration. The strategy process was gained further ground with the help of a report from
the Special Monitoring and Evaluation Committee of the Portuguese Parliament for the
Situation of Drug Addiction, Use and Trafficking (Comissão Eventual da Assembleia da
República para o Acompanhamento e Avaliação da Situação da Toxicodependência, do
Consuno e do Tráfico de Droga) that also held seminars in 1999. The report also noted the
importance of civil society and the public’s participation in the strategy as the discussion was
144
Domostawski,,page 16
145
Domostawski, page 17
Domostawski, page 17
146
not confined to only consist of institutional mechanism. Both media, relevant organizations
and other elements reported on the issue which: “greatly enriched the preparations of this
document and the discussion of a problem which is so important Portuguese society.”147
Domostawski noted that the committee viewed the idea of “drug free society” as a fantasy
and that while drugs are not considered as something good, they should not be viewed in
terms of absolute evil that requires high levels of incarnation as seen in other drug wars. One
of the key participants named Joao Goulao (who was chairman of the IDT at the time) noted
that decriminalization was neither an action or a policy, it rather created the legal framework
for harm reduction that would reduce the harm made by drug consumption and take away the
reason why drug dependent people would be afraid to seek out treatment. 148
The government moved on to decriminalize personal possession and create a new infra
structure of public health institutions that were shaped in relation to assisting drug addicts.
Portugal also moved to revise its drug laws in order to assess new sound policies in regard to
its new drug strategies. The new Portuguese drug strategy consisted of a new five point
departure:

Recognition of the International dimension of the drug issue, which implies that transnational
cooperation is needed together with a national plan to curve what is essentially a global
problem.

The application of a more humanistic view. That takes into account the socio-economic
backgrounds and problems of addiction and drug users, both inside and outside prisons. The
new strategy should also help to socially reintegrate these individuals back into society and
form a balanced and fair legal justice system which is built on humanistic principles.

The third view is that humanism should be integrated with a pragmatic attitude that would in
turn permit openness without dogmas. The application of a more scientifically oriented
viewpoint in innovations that would give answers through experiment. The objective was to
reduce harm to public health, the community and the addicts themselves.
147
IDT.pt, Strategy documents,
http://www.idt.pt/EN/RelacoesInternacionais/Documents/2009/estrategia_eng.pdf page 2-3
148
Domostawski, page 18

The fourth objective touches the subject of prevention through “true development”
and that work should continue to prevent drug use, especially among young people.
This requires the mobilization of institutions in civil society to spread knowledge
through fair legislation.

The fifth point points to the need to keep working against drug trafficking, money
laundering for the sake of security, public health and the stability of the Portuguese
institutions.149
The Parliamentary Committee unanimously consented to the implementation of the National
Strategy for the fight Against Drugs and the plan was enacted in 2001 and it remains the basis
of Portuguese Drug Policy until this day. Some coordination changes were also enacted as the
Prime minister moved the Projecto Vida to work together with the Ministry of Health which
resulted in the creation of the Portuguese institute on Drugs and Drug Addiction (IDPT). The
minister later appointed the Ministry of Health to be in charge of drug policy after the IDTP
had merged with the ministry and the IDT. 150
When the overhaul strategy change became visible to the rest of the world, many voiced their
concern, especially from zero tolerance related states and organizations. They warned that
this policy would turn Lisbon into a “drug mecca”, where drug use would see a substantial
increase. Portugal who had served in the international arena of the International drug control
system also had their fair share of ambivalent debates regarding the direction Portugal was
going.
In the first decade of 21st century, Portugal would meet an onslaught of activism from the
international community, especially from the prohibitionist countries like Sweden, USA, and
China amongst others. TNI reports that these countries tried to enforce amendments to the
international control mechanism but other countries like Switzerland, Canada and the
Netherlands would oppose these changes and great changes would not occur to any larger
degree. 151 The decriminalization of drugs in Portugal did not result in an all out legalization,
149
http://www.idt.pt/EN/RelacoesInternacionais/Documents/2009/estrategia_eng.pdf page 3-4
150
EMCDDA.eu, Policy Profile: Portugal, page 16
151
Transnational Institute, tni.org, http://www.tni.org/archives/drugsungass-docs_canattack
and while they had changed their views on personal possession, trafficking continued to be
considered unlawful.
The first years of the Portuguese decriminalization acts resulted in some significant changes.
The 2000 Law (30) had stipulated a change from simply viewing a drug offense in criminal
terms to viewing it in administrative terms. While the law still stipulated that the
unauthorized use or possession of drugs would still remain illegal, the user would if not being
suspected of trafficking be brought in front of the Commission for the Dissuasion of Drug
Abuse (CDT) that consisted of three members appointed by the Ministry of Health. The three
members had to consist of one legal expert, one member with a health profession and a social
worker. These three members would be supported by another group with similar
backgrounds. The CDT can be found in each of Portugal 18 precincts and were put in place
to meet with the offender and evaluate the best suitable outcome in treating and rehabilitee
the offender using the most suitably assessed practice. These rulings could results in warning,
removal of professional licenses or firearm licenses, the banning of visiting certain places or
people, obligations of periodic visits to certain institutions or places, fines or provisional
suspensions. Provisional suspensions would entail a majority of the CDT rulings according to
a report in 2009 by the EMCDDA.152
Soon Portugal would see a surge in addicts seeking out treatment with numbers of around 29
204 new patients entering the treatment facilities in 2000 and around 38 532 patients in
2008.153 In 2005 Portugal also enacted the Portuguese National Plan of 2005 – 2012, which
primarily would be considered a drug strategy but would also include the proposition that the
Ministry would handle and offer services to other legal drugs like Alcohol, Tobacco and
medicines. The conclusion of the Portuguese experiment has become a full blown normative
battle on all levels. The success of the decriminalization strategy has been contested as
prohibitionist and zero tolerance activists have pointed to the weak link between the strategy
and actual drug use while harm reduction activist have spoken about its immediate success.
Unfortunately the responses and reports on this issue have sometimes shown to be colored by
a political context on both sides as statistics have been orchestrated in order to suit the
political agendas. Two reports that highlight this issue is the CATO report called Drug
152
153
EMCDDA.eu, Policy Profile: Portugal, page 16-17
National institute for drugs and drug addiction,
http://www.coe.int/T/DG3/Pompidou/Source/Files/Nicosie_Mai09/Presentations/JosePadua.pdf page 8
Decriminalization in Portugal – Lessons for creating a fair and successful Drug Policies by
Glenn Greenwald in 2007 and the report by Manuel Pinto called Decriminalization of drugs
in Portugal – the real facts from 2nd of February 2010. The Cato report would immensely
point to the overall success of decriminalization on drug use and argued that:
The data show that, judging by virtually every metric, the Portuguese decriminalization framework has been a
resounding success. Within this success lie self-evident lessons that should guide drug policy debates around the
world.154
Manuel Pinto would have the completely opposite view and dispute the success of Portugues
decriminalization by a similar discourse and concludes in his final words of criticism towards
previous positive papers that: “Resounding success? Glance at the results!”.155 Both papers
would however show similar statistical fallacies and historical trends manipulations as have
been mentioned in the case of the Swedish legal experiment. Two authors who have been
praised for their balanced account of the Portuguese decriminalization strategy are Caitlin
Elizabeth Hughes and Alex Stevens that wrote the paper A resounding success or a
disastrous failure: re-examining the interpretation of evidence on the Portuguese
decriminalization of illicit drugs from January 2012 in the Drug and Alcohol Review
conclude their critical discussion of these two papers to that:
Yet, by outlining both accounts, and the choices that they made in presenting data, we found clear proof of
misuse. Both showed selective use of evidence (focusing on different indicators, choice of years or databases)
and omission or a lack of acknowledgement of other pieces of the puzzle. Both also showed differential
appreciations of data strengths and weaknesses: with weaknesses highlighted mainly by Greenwald to account
for apparent failings. In so doing, both provided a version of events that offered certitude and support for
opposing ´core beliefs´. 156
In an earlier paper by the same authors called What can we learn from the Portuguese
Decriminalization of Illicit Drugs published July 21st 2010 in the British Journal of
Criminology the authors conclude that
154
Cato report, Glenn Greenwald, http://www.cato.org/pubs/wtpapers/greenwald_whitepaper.pdf , page 1
155
Manuel Pinto, WFAD.se, http://www.wfad.se/latest-news/1-articles/123-decriminalization-of-drugs-inportugal--the-real-facts
156
Hughes Elizabeth Caitlin, Stevens Alex, A resounding success or a disastrous failure: re-examining the
interpretation of evidence on the Portuguese decriminalization of illicit drugs, from January 2012 in the Drug
and Alcohol Review, page 109 (full link in reference list)
As this paper has shown, decriminalization of illicit drug use and possession does not appear to lead
automatically to an increase in drug-related harms. Nor does it eliminate all drug related problems. But it may
offer a model for other nations that wish to provide less punitive, more integrated and effective responses to
drug use.157
The paper suggests that while overall use of illicit drugs has increased slightly, problematic
use has seen a decline and there has been an overall reduced burden of drug offenders for the
criminal justice system.158 The paper reports significant reductions in HIV, HCV and TB.
Between 2000 and 2008, the number of HIV cases reduced amongst drug users from 907 to
267 and drug related AIDS cases saw a decline from 506 to 108.
159
While the numbers of
problematic use continue to be above average EU levels, there have been a: “clear declining
trend in recent years”160 according to the EMCDDA. Next we will look into prospects of drug
policy change.
4.6 Prospects of change
Short term
The short term prospect of any major changes in Portugal´s drug policy seems far fetched at
this point in time. This has it´s roots in mainly two reasons, the first reasoning suggests that
since the implemented harm reduction framework have been paying off, especially on
problematic drug users, so why change it? Second, an overall policy change would require
certain risk factors to take place such as growing drug epidemics or growing violence, which
in turn would create sentiments for stricter drug policies. The harm reduction framework has
also gained support from many important institutional, governmental bodies and the Catholic
157
Hughes Elizabeth Caitlin, Stevens Alex, What can we learn from the Portuguese Decriminalization of Illicit
Drugs, page 18 (full link in reference list)
158
Hughes Elizabeth Caitlin, Stevens Alex, What can we learn from the Portuguese Decriminalization of Illicit
Drugs, page 19
159
Hughes Elizabeth Caitlin, Stevens Alex, What can we learn from the Portuguese Decriminalization of Illicit
Drugs, page 16 – 17
160
Portugal Policy Profile,
http://www.emcdda.europa.eu/attachements.cfm/att_137215_EN_PolicyProfile_Portugal_WEB_Final.pdf,
page 20
Church who wield a broad spectrum of normative power. Short term change would require
substantial effort, especially from civil society, in order to convince a fairly working system
to restructure.
Long Term
Long term prospect are much harder to asses in the case of Portugal. However, certain factors
may like mentioned before be subject to major changes or even a step back to zero tolerance
oriented policies. As have been mentioned in the case study, the growing concerns in
Portugal during the early phases of the drug dilemma came from civil society which finally
entered the political realm and thereafter became subject to policy change. The same
concerns may in the future also be reasoning for changing drug policy back to prohibition if
norm entrepreneurs are able to reassess the risk in drug use in their zero tolerance oriented
discursive favor. Fear is a powerful tool and if it used in the right way may help to change
populist opinion. However, it is hard to argue against something if it is working better than
the previous policy, even if characters such as Manuel Pinto may have strong moral
influence. Other reasons for change might be termed in an economical sense, since tax payers
are paying for the treatment in an era with overall economical issues becoming apparent in
Europe. This may create opinion upon such areas in the future if the costs remain high and no
greater results are seen. It is also important to mention International pressure since the current
major international drug control organizations still strongly favors prohibition. The next
chapter will present the overall analysis.
Chapter 5
5.1 Analysis
The following chapter will analyze my findings and crucial elements in order to get a greater
picture of the foundations of international drug norms. The analysis will divide into
explaining certain sections that represent the important variables of my findings. The section
on crucial elements will try to eliminate the most important factors and explaining their
diversity or similarity.
The birth of substance Morality
Much of drugs, alcohol and other substance related morality should be attributed to religion.
The church that operated as one of the world’s great normative powers for centuries has also
been responsible for creating this world moral perception, which in many cases has been a
predominant factor for institutionalizing our general laws and policies. When it comes down
to normative breaking behavior in terms of using certain substances, religion has
continuously been there to inform of its apparent dangers. In many ways, this has followed a
specific morally oriented policy sequence where certain ideas became more persuasive
because of institutional development and which Margaret Wier explains as path dependence:
Decisions at one point in time can restrict future possibilities by sending policy off onto particular tracks, along
which ideas and interest develop and institutions and strategies adapt. 161
Unfortunately, the scientific standard of these evaluations have not always been satisfactory,
which can only be blamed on simple ignorance of the diversity of factors that play into the
complex area of drugs. The essential problem was the issue of viewing dangerous substances
in a black and white sense, constituting categorization of simply good or evil. International
drug norms therefore took an early strand of fantasy which resulted in blaming much of
society’s problems on the intoxicating effect of specific substances, without considering other
important elements. This black and white perception came to be the dominating factor for a
century to come, reaffirming its surrounding issues of bounded innovation. Religion and
specifically Christian movements in terms of Protestants and Catholics were also the first
serious attempts in forbidding consumption of unwanted substances, especially alcohol.
These movements garnered wide public support as the church related movements would
spark heavy normative campaigns to eradicate certain substances from society. Many
countries would also practically implement the message of these movements throughout their
societies, while other states did not. H.G Levine also poses an important question in his paper
called Global Drug Prohibition: Its uses and crises from 20th of November 2002 related to
this morality. He questions why almost every spectrum of the political arena applied
prohibition in relation to their drug policy and how Nazi´s, Fascist, Socialist, Communist,
Liberals, Democrats, Maoist, Capitalist or social scientist, workers could all come to the same
conclusion. According to Levine the anti drug crusade has been used by governments to do
military raids and use surveillance which they otherwise had not been able to justify. By
depicting drugs as something horribly dangerous, the drug crusaders were able to create a
161
Steinmo, Thelen, Longstreth, page 192
moral ideology on which almost anything could be blamed on drugs by demonizing it to a
larger extent. Levine continues:
In a war on ´drugs´, defining the enemy necessarily involves defining and teaching about morality, ethics and
the good things to be defended. Since the temperance movements or anti-alcohol campaigns of the 19th century,
anti-drug messages, especially those aimed at children and their parents, have had recognizable themes. 162
The next section will explore the essence of these instances of morality and what relation
they might have had on the specific cases.
The temperance movement and risk socialization
As have been mentioned in the case of Sweden, temperance movements had great influence
in their time of normative campaigns. However, Portugal never actually had any great
temperance movements, or any other organizations fighting for prohibition of alcohol at the
same period. May this have affected the future drug norms and policies of these countries? I
believe so, even if other factors should also be taken into account. In the case of Sweden, we
saw that pretty much every faction of society had taken part of the temperance movements.
Wier believes that the political organization of institutions is one of the main reasons for
diverse groups forming around the same goal and interest. Institutions create the incentives
for channeling ideas through policy making and politics, which in turn helps conceptualize
certain ideas that also affect the possibility of these different groups to identify common
ground on a certain issue. These movements who were able to dominate the dangerous
substance discourse until Dr. Bratt joined the discussion, were also able to dramatize the
effects of alcohol and provide its sentiments throughout civil society and the government.
Alcohol was already considered as a threat and maybe rightfully so, since people in Sweden
were very frequent users of hard liquor. It is therefore not far reached to believe that the
horrors that were described in relation to alcohol at the time and the broad public opinion
would also lead to future generations being socialized into believing in prohibitionist
campaigns. The basis of prohibition was set and also the dramatizing of fear and risk in terms
of dangerous substances. This is where I believe it is important to also understand the very
nature of risk in relation to factual statements. Beck argues that risk statements are neither
factual statements nor value statements; they are either both at the same time or something in
between. Beck therefore coined risk in terms of “mathematicized morality” where accident
scenarios, probability and computations are related indirectly or directly to cultural
definitions or standards of a tolerable or intolerable life.163 Portugal went almost completely
162
Levine G Harry, Global Drug Prohibition: Its uses and crises, from 20th of November 2002, page 147
163
Beck, page 138
in the other direction. Being a considered a “wine nation” Portugal never saw the harms of
alcohol and simply saw it as food. Even the government went on to safeguard alcohol
production because of economic reasons. So what we see are two essentially very different
historical foundations in terms of viewing and handling substances that we today know are
dangerous but have “accepted” as part of our society.
Historical diversity and political context´s
Even if Portugal was a member of the 1912 Hague Opium Convention, it did not really have
any significant problems with drugs because the country was rather closed up under the
Salazar regime. Sweden who had much more contact with Europe also had their first cases of
problematic drug use in a much earlier stage. Sweden did also not have any greater political
turmoil as the nation pretty much came out of both world wars unharmed and never had to go
through greater revolutions like Portugal. Portugal who on one hand did not participate in the
World Wars like Sweden had a great history of conflict stemming both domestically as well
as internationally in handling its colonies.
I believe this has a great importance since political stability may have opted for drug related
sentiments being kept historically intact. When Portugal had survived its revolution of 1974,
the country changed significantly in the political arena. The informal and formal rules
institutionalized by the dictatorship were destroyed and rebuilt in many areas. Therefore
incentives were created for the possibility of quick change. Historical institutionalism that
puts value to the context, rules and individuals would also see this as an important factor for
future change since the institutional framework was restructured on a national scale, thus
opening up a new fray´s of “veto points” to work through. When the drug problem then
became apparent, Portugal enacted the prohibitionist legislation which was enforced with the
injection of western and global sentiments at the time. But I believe, that apart from Sweden
who had internalized norms in terms of dangerous substances for decades if not centuries (see
Sweden alcohol morality), Portugal did not fully become static in their sense of facing the
dilemma and probably did not reach the same levels of norm internalization as Sweden had
constructed. Portugal, who had made overhaul changes to their entire government just about
three decades before they enacted their new drug legislations, would not have greater
normative, greater issues of bounded innovation or physical obstacles in enacting new
changes to their government and nation. This is why it is important to note Immerguts
attention to the national political institutions since their political platforms construct the
incentives for policy making and the channeling of new ideas.164 Sweden who had enacted
anti drug campaigns since 1968 and expressed the same sentiments towards drugs in the
164
Steinmo, Thelen, Longstreth, page 58-59
media for decades had instead socialized generations into believing in one specific norm. The
government has also expressed its goals of total victory against drugs which very much
outlines these specific beliefs. This may have created a strong public opinion with
fundamental values that still lives on in the Swedish population today. System formation is as
beck says power formation, but without violent means.165
The viability of Drug Policy and scientific fallacy
One of this paper´s more important points come down to the very shaky foundations on
which international drug norms are actually based. It quickly became apparent that the
“rights” and “wrongs” of the debate were merely a matter of how one presents it´s case, thus
creating an ideologically based debate. The harm reduction versus zero tolerance reports has
shown that dramatizing risk one way or another makes compelling arguments for both liberal
and prohibitionist oriented views. One only needs to take a look at how International drug
control was born out of morally tainted racism, social categorization, stigmatization and
generalizations to understand that we were heading into the wrong direction from the very
start. Beck believes that one of the sources for risk hybrids being able to develop through the
political spectrum and real virtuality is that; “the attribution of the dangers to the producers
and guarantors of the social order (business, politics, law, science) that is, to the suspicion
that those who endanger the public well-being and those charged to protect it may well be
identical.”166 It was simple ignorance of science and a political climate which ensured a one
sided debate that brought us where we are today. There is a sea of examples which questions
the very foundation on which we take action. In a paper called Effect of drug law enforcement
on drug market violence: A systematic review from 3rd of February 2011 by Dan Werb, Greg
Rowell, Gordon Guyatt, Thomas Kerr, Julio Montaner, Evan Wood suggest that law
enforcement activities into drug markets and underground organizations can paradoxically
contribute to more violence and homicides instead of stemming it.167 Overestimating harm
reduction policies in terms of decreasing drug use may also add to the fuel of what has
sometimes become an absolutely ridiculously unscientific debacle. The question is to what
extent drug policy is even able to stem any kind of “drug epidemics” since much of drug
activity is still out of reach of governmental or normative powers, not to mention any
fantasies of total victory.
165
Beck, page 95
166
Beck, page 139
167
Werb Dan, Rowell Greg, Guyatt Gordon, Kerr Thomas, Montaner Julio, Wood Evan, Effect of drug law
enforcement on drug market violence: A systematic review, from 3rd of February 2011, page 91 - 92
5.2 Crucial elements
Key Normative Actors and Organizations
There are a number of important figures in both cases that outline important normative
powers in spreading respective international drug norms. The government is obviously one of
these actors since the laws they enacted were put in place to socialize behavior. The Swedish
Government gradually enforced harsher punishments in order to scare and stigmatize possible
drug consumers into obedience. Portugal on the other hand eventually opened up its doors to
addicts and created incentives which would blur out the strict “us” and “them” mentality. As
have been mentioned before, religion and the church played a crucial normative role in the
creation of the temperance movements, especially in Sweden. One interesting variable is the
role of the church and drug policy in both cases. As have been mentioned in the Portugal
case, Protestant nations were more inclined to have integrated temperance movements against
alcohol. That is why it is very interesting that the Catholic Church in Portugal also played a
major role in initiating drug oriented projects in Portugal when drugs became an apparent
issue. This may have simply been an attempt by the Catholic Church to find its place in
society after their separation from the state in relation to the revolution. But it still holds
remarkable significance since most religious institutions have taken the prohibitionist stand in
spreading drug norms. The protestant church while having little influence today in Sweden
have not embarked on similar quests.
Institutions and different organizations have also played major roles in both cases. The big
difference is the context in which they were able to spread harm reduction and zero tolerance
norms. In the case of Sweden, the failed legal experiment had in many ways shut the door for
future harm reduction oriented organizations to make their case, since their message was
constantly being attributed to creating drug epidemics. This made it possible for RNS and
similar organizations to single handily form the future Swedish drug policy model, platform
and discourse. Organizations such as RNS also had the possibility to act upon veto points and
construct its surrounding elements of practice. Similar institutions like WFAD continue to
appear in Sweden which inclines that the national political platform is still inclined towards
certain political institutions and their basis for cooperation. Portugal had the opposite context
since prohibition and hard legislation had not been able to stem the free fall into problematic
use nightmare. With the help of normative powers such as the Catholic Church and
organizations like the IDT, Portugal made a decisive turn in their policies. Certain individuals
should also be mentioned such as Nils Bejerot who singlehandedly created the theoretical
backbone of Swedish Drug policy with the injection marks report as well as Jose Socrates
who was one of Portugal’s drug policy architects and also put the government behind
possible change.
But none of these actors are as important as civil society and its fundamental normative
powers of socialization. It is important to note that there was deep rooted fear of drugs in
both countries, as have been mentioned in the cases. The big difference lies in what way
security and risk was thought of in relation to drugs. When people in both countries took
notice of the drug problem they acted upon fears that most of us can relate too. However, it
was the context in which they were able to act upon in relation to risk and fear that formed
public opinion. This context was in turn created by the institutionalized norms or norm
cascades that were occurring in respective cases.
International influence also played a major part in molding the Swedish and Portuguese
drug norms. One organization that should get notice is the UNODC and the INCB. The
International influence worked in much of the same way that domestic laws were intended to
work on a state level. The UN conventions on illicit drugs were predominately an attempt to
control all non-medical use of intoxicating substances but also became a framework for
international cooperation. The importance of the conventions can be seen in both cases, since
Sweden enacted its model according to the restrictive normative values that were presented in
the UNODC as well as Portugal who despite decriminalization frameworks adhered to the
international fight against drugs. These international standards are frequently used to garner
support in debates as they point to “globally” accepted norms and cooperation.
Institutionalized stigmatization
Another great difference that can be seen in the cases of Sweden and Portugal in relation to
International drug norms is the view on stigmatization. In a large way, Sweden sees
stigmatization as a tool for making its citizens to abide by certain rules and especially in the
case of drug policy, where it is used in order to prevent drug use. When drugs are linked to
certain risks and security issues, it also becomes an important part individual action. This
constructs certain behavior by the individual or others around him/her to confront the
dangers. However, the stigmatization in Sweden is also linked to penalties and these penalties
need to be harsh in order to have a more frightening affect. The risks may be everything from
social exclusion, loss of jobs, prison, fines or simply being viewed as a threat. It is probably
the most significant element of zero tolerance views since fear has one of the greatest impacts
on socialization.
Portugal on the other hand has chosen to view stigmatization in another way. Even if
Portugal adheres to the conventions to some extent and actually use prohibitionist strategies,
they do not believe in fully stigmatizing the drug user. The main reason is that they believe
that the fear of stigmatization will keep addicts and drug users out of society and their will to
interact with civil society or governments to any greater extent. In many ways, Portugal has
abolished the incorporated use of “us” and “them” tendencies and created a framework that
includes all of its citizens in the medical arena. By doing so they might have limited the
stigmatization that prevented people for seeking out help and created an “us” which also
includes drug users. This would in turn give opportunities for the victims of drug use to more
easily reconstruct their lives and once again develop into a full member of any given
community.
Prohibition, Harm reduction and the “balloon effect”
The problem of prohibition strategies is when measures are taken against a certain substance
and when the eradication of that substance is successful in one area, it has the tendency to
resurface in another area or simply in another form. This is called the “balloon effect” theory
and simply goes by the analogy of a balloon getting bigger and bigger, finally erupting and
spreading air everywhere. This theory is however something that is used by both harm
reduction activist such as zero tolerance activist. Harm reduction activist point to the futile
efforts of eradicating crops or other forms of substances in one area, simply because the
problems arise again in other areas by different actors or by different substances. Zero
tolerance activist point to the need of international cooperation, since if one state puts efforts
in strangling the supply of a substance in its domestic arena, the supply may resurface in a
neighboring country, creating a continuation of the problem or something even worse.
One of the most troubling aspects of this theory is the surge of new and dangerous drugs that
are used in instead of substances that may have disappeared because of different prohibition
strategies. One of the most common examples is the creation of crack and Meta-amphetamine
in the United States. Milton Friedman was one person who confronted this in his issue in his
paper An Open Letter to Bill Bennett from Freedom Daily 1990 where he stated that:
Had drugs been decriminalized 17 years ago, “crack” would never have been invented (it was invented because
of the high cost of illegal drugs made it profitable to provide a cheaper version) and there would today be far
fewer addicts.168
This problem can be found all over the world with different substances and because of similar
reasons. It is most saddening that the most affected class of people is the poor addicts, who
already in the beginning have a hard time getting capital to satisfy their appetite and therefore
turn to cheaper, but often more dangerous substances. Examples of this can be found in
Argentina where diluted low quality cocaine mixed with baking soda and other substances is
named “Paco” or “basuco” and has created horrendous situations in the slums.169 An even
more horrific example is “crocodile” found in contemporary Russia, which is a dirty cousin
of morphine and has a life expectancy of two to three years for the addict. It is incredibly
easy and cheap to make and has had an enormous surge in Russia during the later years. 170 Its
effect are described to be close to that of heroin but its effects are far worse than anybody can
imagine. The drug basically rots the skin and elevates the muscle tissue into a horrible state,
making addicts look like they have enormous flesh wounds.
Even if these substances are not so common in European countries, the balloon effect can be
seen in other forms. For example in Sweden, where the rise of “internet drugs” and cannabis
substitutes, such as spice, has increased in later years. The European Monitoring Center for
Drugs and Drug Addiction reports that rate of new drugs is one every week in Europe.171 It is
also important to consider that medical drugs may be used in similar ways when the drug of
choice is not close by.
Chapter 6
168
Milton Friedman, An Open letter to Bill Bennett, Freedom Daily, from 1990, page 2
http://www.fff.org/freedom/0490e.pdf
169
The Guardian.co.uk, Kelly Annie The 10p cocaine byproduct turning Argentina´s slum children into
the living dead, 21st of February 2010, (full link in reference list)
170
Time.com , Shuster Simon, The Curse of the Crocodile: Russia's Deadly Designer Drug , June 20th 2011,
(full link in reference list)
171
http://www.emcdda.europa.eu/news/2012/2
6.1 Conclusion and Discussion
Risk and security in relation to international drug norms present a politically infested element
of conflict. But it is these two concepts that both harm reduction norms and zero tolerance
norms generally target. Our fears of drugs have historically manifested in strong regulation
that would best be described in Solinge´s terms of moral panic. This may of course be apart
of politic, but there is also something far more essential that needs to be mentioned. Fear,
security and risk in relation to drugs tend to incorporate elements that create instances of
absolute moral panic, which has been used by various moral entrepreneurs to gain support for
their cause. Somewhere in the mist of drug policy, the grey or simply the scientific area was
displaced in order to confront an issue that was thought of in regards to a total war and total
victory. Sweden would together with Niljs Bejerot and the RNS demonize the drug user to
such extent that they were thought of in terms of a “disease spreader” and then forced
institutionalization came into the picture. The Swedish drug policy model is a model of
absolute zero tolerance, even if they claim that they are adhering to the public health sector in
later years. One of the greatest cost of a full blown zero tolerance strategy is that you choose
to displace one group of people out of society no matter what their actual social or overall
position in society otherwise might be. Beck has illustrated that when dealing with issues of
risk, there may be instances of overregulation that are sometimes based on uncertainty and
the rejection of error probabilities.172 This thesis has shown that many of the key actors of
international drug norms are in fact moral entrepreneurs, who are able to form the debate in
accordance with that uncertainty and at the same time reject opposition and error
probabilities. When looking at something from a black and white perception, you won´t often
consider the backbone of these social issues, since generalization is one of this views most
incorporated lenses and other issues simply do not adhere to the framework. The Swedish
Public Health Institute (FHI) would in a report of 2011 almost count a million people to
having tried illicit drugs at some point in their lives; which really questions the foundations of
a stigmatizing and fear oriented policy.173 Alcohol that is one of the most prominent problem
factors in any given society tend to be accepted because it has been part of society for so
long, but lets not forget that even alcohol has long been target for prohibition strategies by
temperance movements in the 19th and 20th century until we understood that policy would
simply not work. Portugal has created a framework for a more socially integrated system
where the medical, social, law enforcement bodies are working together with civil society
and the public in general to work against the use of drugs and especially it´s problematic
elements. It is important to not stray into fantasies on either side of the debate since more
general issues and globalized events seem to be the factor for drug use in the world.
172
Beck, page 123
173
Statens folkhälsoinstitut, Narkotikabruket I Sverige, (Östersund 2010) page. 15-17
International and national drug policy could rather be seen as a helping hand for the public to
grasp the issue since individuals or weaker states often do not posses the tools to affect this
issue in any grander ways. But bounded innovation has made it hard for certain states to even
debate this issue since institutionalized norms constantly stand in the way of a democratic
debate, which is a problem to adhere to in the future. International drug norms thus constitute
a multi layered normative power, that continuously is used and reconstructed through
normative pressure, multi national cooperation and by progressive institutionalization where
new and old normative powers are reintegrated into a states socializing elements. Both the
international and national communities need to come together in a cosmopolitan spirit if we
are going to have any fantasies of global success in drug policy made into reality.
6.4 Future research
There are a number of areas that need further research. In order to make this possible, the
scientific community also needs to adhere to common standards and create a scientifically
proof basis of departure. Since statistical and other factual empirical material are used freely,
there also seems to be a need to get more common ground on how to measure different
actions and outcomes since the ability to confront certain numbers at will and not by common
standards, make drug policy analysis a target for easy distortion. There is also very important
work to be done on women and ethnical victims of drug abuse, since these two categorize
have shown to be even more stigmatized and socially excluded than the normal white male
addict. It would be possible to mention a lot of other areas of interesting scientific research to
be done on this issue but since the actual tools for acquiring this knowledge is not always
objective, I would suggest that future research should concentrate on getting into the gray and
critical area of drug norm analysis, if we are ever to get a picture that correlates with a
sufficiently and scientifically based perception of drugs.
6.5 Final words
There are a few things that need to be mentioned in order to understand people’s initiatives to
control different substances. The majority of values that stem from both a zero tolerance and
harm reduction viewpoint are inherently constructed on the notions of good will. Most
people who take part of this debate are simply afraid for themselves, for others or society as a
whole. The essence of international drug norms is fighting against perceived risks, in almost
any way you see it. However, it is the implementation of handling that perceived risk that has
created its surrounding issues and essential consequences. I find it highly remarkable that this
debate is so highly infested with political agendas while the unbelievable human sacrifice to
drug policies continue to be a part of our everyday life. If we are to move forward in the
realm of international drug norms we need to step out of the black and white view of
handling this issue and create a scientifically and human rights based system of values and
policies that fits into reality. There have been talks of “partial prohibition” mentioned by such
authors as Hall and Levine, which point to some kind of compromise. We need to make it
possible for debates and policy making platforms being open to change and the scientific
community. If we don´t, we will stray on the same path as we always have done, with the
only thing being guaranteed is the gruesome human sacrifice of drug use and social exclusion
to the point that we simply tend to forget that we are all human and if our lives were
different, it may also have been a larger social factor for us.
6.6 Context
Internet:
UNODC links,
The 1912 Hague international Opium Convention,
http://www.unodc.org/unodc/en/frontpage/the-1912-hague-international-opiumconvention.html
UNODC Treaties, http://www.unodc.org/unodc/en/treaties/index.html?ref=menuside
World Drug Report 2011, http://www.unodc.org/unodc/en/data-and-analysis/WDR2011.html
UNODC, UN chief praises Swedish drug control system,
http://www.unodc.org/unodc/en/press/releases/press_release_2006-09-06.html
Organizations:
Global Commission on drug policy, www.globalcommissionondrugs.org
European Monitoring Centre for Drugs and Drug Addiction, www.emcdda.com
EMCDDA.eu, Country legal Profile: Sweden,
http://www.emcdda.europa.eu/html.cfm/index5174EN.html?pluginMethod=eldd.countryprofi
les&country=SE
EMCDDA.eu, EMCDDA report presents latest evidence on heroin-assisted treatment for
hard-to-treat opioid users, http://www.emcdda.europa.eu/news/2012/1
EMCDDA.eu, Policy Profile: Portugal, page 10 (full link in reference list)
http://www.emcdda.europa.eu/attachements.cfm/att_137215_EN_PolicyProfile_Portugal_W
EB_Final.pdf
IDT.pt, Strategy documents,
http://www.idt.pt/EN/RelacoesInternacionais/Documents/2009/estrategia_eng.pdf page 2-3
International Journal of Drug Policy,
http://www.elsevier.com/wps/find/journaldescription.cws_home/600949/description
Statens folkhälsoinstitut, Narkotikabruket I Sverige, (Östersund 2010)
http://www.fhi.se/Documents/English/Publications/R2010-13
UNODC, A Century of International Drug Control, http://www.unodc.org/documents/dataand-analysis/Studies/100_Years_of_Drug_Control.pdf
UNODC.org, 1912 Hague International Opium Convention,
http://www.unodc.org/unodc/en/frontpage/the-1912-hague-international-opiumconvention.html
UNODC.org, UN drugs chief praises Swedish drug control system,
http://www.unodc.org/unodc/en/press/releases/press_release_2006-09-06.html
UNODC.org. Major donors, http://www.unodc.org/unodc/en/donors/major-donors.html
UNODC.org, UN drugs chief praises Swedish drug control system,
http://www.unodc.org/unodc/en/press/releases/press_release_2006-09-06.html
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