In August 2009, the Mexican government passed a law decriminalizing the possession of marijuana/pot for personal use. Under this new law, personal users will not face any sanctions until there is a third offense. At that time, addiction treatment will be required.
In that same month last year, the Supreme Court of Argentina ruled that it was a violation of the country's constitution to arrest people for the possession and/or use of small quantities of marijuana in the privacy of their homes. The court also suggested that the government treat addicts as patients and not prisoners.
In Columbia, its top court ruled in September 2009 that possession of drugs for personal use could not be criminalized. The core of that decision was that a defendant's personal use of drugs was a personal and private right that did not ordinarily harm others and to that extent, punishment was inappropriate. This court also said that drug addiction should require treatment and not jail time.
Frank T. Luciano, Esq., is a trial lawyer in Bergen County, Passaic County, Hudson County and Morris County with over thirty years of experience in the defense of criminal prosecutions with special emphasis in drug crimes and drunk driving (DWI/DUI) offenses.
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