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National Government signs regulatory decree to combat drug micro-trafficking in public spaces


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October 2, 2018

National Government signs regulatory decree to combat drug micro-trafficking in public spaces
 
• The decree gives the Police the necessary tools to prevent dealers from hiding themselves under the authorization of the minimum dose to induce children and young people to consume drugs.
 
• The measure does not penalize the minimum dose and is totally respectful of the liberties protected by the high courts of the country and the jurisprudence.
 
• The decree is another measure of the anti-drug strategy of the National Government
 
• The National Government has the responsibility and commitment to protect and defend the Colombian families.
 
Bogotá, October 1, 2018.
 
The President of the Republic, Iván Duque, accompanied by the Minister of Defense, Guillermo Botero; the Minister of Justice, Gloria María Borrero and the Minister of the Interior, Nancy Patricia Gutiérrez, today signed the regulatory decree by which the National Police is empowered to combat the micro-trafficking of drugs in public spaces.
 
With this measure, the National Government is fulfilling its commitment to increase controls on consumption and possession, in public space, of prohibited psychoactive substances, with the sole purpose of protecting children and young people from this scourge and improving citizen security and coexistence.
 
During the signing of the decree, the Colombian president pointed out that "the micro-trafficking and consumption of drugs at the doors of schools, universities and parks has increased exponentially in recent years and we cannot be indifferent to this.  As a Government we have the responsibility and commitment to protect and defend our children, youth, and their families. "
 
This regulatory decree to the Code of Police and Coexistence, which has an administrative nature, not criminal, endows the Police with the necessary tools to confiscate any amount of drugs that a citizen carries in the public space and thus avoid dealers hiding themselves under the authorization of the minimum dose to induce children and young people to the consumption of drugs.
 
The measure does not penalize the minimum dose and is totally respectful of the freedoms protected by the Colombian High Courts and by the jurisprudence and for that reason, those to whom an amount equal or less than the minimum allowed dose is confiscated and duly prove their condition of addicts, will be given back the substances. What is being done is to address one of the greatest concerns of Colombians, providing the police so they can fight the micro-traffic and the dealers in the streets.
 
On the other hand, seizures of drugs that exceed the amount authorized as a minimum dose will be prosecuted under current legislation, which is defined in Law 30 of 1986 "by which the National Statute of Narcotic Drugs is adopted and other provisions are issued”. In its article 2, the literal 'j' defines that the "Dose for personal use: It is the amount of narcotics that a person carries or conserves for his own consumption. It is a dose for personal use the amount of marijuana that does not exceed twenty (20) grams; that of marijuana hashish that does not exceed five (5) grams; of cocaine or any substance based on cocaine that does not exceed one (1) gram, and of methaqualone that does not exceed two (2) grams. "
 
It is important to specify that the sale of psychoactive substances has always been prohibited and is classified as drug trafficking. In the same way, the consumption of psychoactive or prohibited substances in public space is forbidden by Law 1801 of 2016 or National Code of Police and Coexistence.
 
The decree has a prevention focus and is one more measure that is part of the anti-drug strategy of the National Government and seeks to protect public spaces from the performance of illicit activities that affect the health and healthy coexistence of citizens. For its implementation, the Police has all the protocols and procedures to address the citizenship. The drug seizure will be done through a verbal process and if the condition of addict is shown, the drug will be returned, if not, it will be destroyed.
 
In addition to strengthening the fight against the trafficking of prohibited substances in places such as stadiums, sports centers, parks, health centers, and in general in public space, the measure will result in the reduction of the consumption of drugs or prohibited substances.