Overview of drug laws and legislative trends in Peru
In Peru, the traditional use of the coca leaf is an ancestral practice which has never been criminalized. In the country there is a scheme of licenses under state control, known as the registry, for the cultivation of coca leaves and their distribution through the National Coca Company (ENACO: Empresa Nacional de la Coca).
However, while in Peruvian laws consumption or possession of controlled substances for personal use is not punishable, it is estimated that 60 percent of detentions on drug charges are related to use or simple possession. Moreover, the penalties for drug related crimes are relatively high and disproportionate, and infringe upon fundamental rights such as freedom, due process and other judicial guarantees. The penalty for small scale sales of drugs is between one to eight years in prison, according to the Criminal Code.Law
Most of the criminal legislation on illicit drug trafficking (IDT) could be found in articles 296 to 303 of the 1991 Criminal Code. In the past years, legislation has been modified to increase penalties, adding and eliminating legal figures. Law 28002, which modified articles 296 to 299 of the Criminal Code was issued on June 17, 2003.
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Systems Overload: Drug Laws and Prisons in Latin America
Peru is a major world producer of coca leaf and its derivatives. Since the year 2000, successive Peruvian administrations have followed a drug policy focused on supply reduction through interdiction and eradication strategies. The law on drugs does not punish drug use or drug possession for personal use by imprisonment. Nonetheless, the Peruvian authorities treat drug use as if it were criminal conduct. As a result, the police are overwhelmed, trials are delayed, and the prisons are filled.READ MORE...
Hugo CabiesesTNI Drug Policy Briefing Nr. 34
The Peruvian government has presented the “Miracle of San Martin Model” as the path to follow to achieve drug supply reduction. However a closer look reveals that the model is not replicable, not ecologically sustainable, and won't remedy the ‘symptoms of alternative development’.
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