Overview of drug laws and legislative trends in Chile.

Trend

The adoption in 2007 of Law 20.000 formally decriminalized the possession of drugs for immediate individual use in the private sphere. Drug use or possession in public places is an infraction, punishable with fines, forced treatment, community services and/or suspension of driving licenses.

The same penalties apply to “persons who consume such drugs in private places if they have assembled for that purpose.” The burden of proof is fully on the person arrested in possession of drugs. Prison sentences are high (1½-5 years) if the judge is not convinced and determines that the intent was for distribution or sharing.

While the majority of cases end with only suspension or administrative sanctions, many people caught with small quantities still end up in prison.

An expert commission was installed in 2009 to recommend legislative reforms and is exploring possibilities for a full decriminalization of drug use and a reclassification of cannabis.

Law

Law No. 20.000 supersedes Law No. 19.366, which punishes the Illicit Trafficking of Narcotic Drugs and Psychotropic Substances:

Article 4.- “Any person who, without the proper authorization, possesses, transports, keeps or carries on him/herself small amounts of drugs which create physiological or psychological dependence or raw materials used to produce them, shall be punished by a term of imprisonment ranging between not less than 541 days to 5 years “except that such person can justify that they were intended for medical treatment or exclusive personal use or consumption in the near future.”

Article 50.  “Persons taking any of the narcotic drugs or psychotropic substances mentioned in Article 1 in public places or places open to the public, such as streets, paths, parks, theatres, cinemas, hotels, cafes, restaurants, bars, sports centers, places for dancing or listening to music, educational institutions or training academies, shall be subject to any of the following penalties:”

The list mentions “compulsory attendance at prevention programs, for up to 60 days, or at treatment or rehabilitation programs, as the case may be, for a period not exceeding 80 days in institutions duly authorized by the competent Health Service,” fines, community services and suspension of drivers license. “Likewise, said penalties shall apply to any persons who consume such drugs in private places if they have assembled for that purpose."