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Israel: Public Defense: Yes to light drugs

Tova Tzimuki

Ynet News

Monday 23 Oct 2006

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Justice Ministry's Public Defense speaks out against laws prohibiting
use of bongs for drug consumption. DA, in groundbreaking move,
recommends law enforcement stop chasing after cannabis users, focus on
large scale dealers

Users of light drugs have discovered support in the most surprising of
places: The Public Defense in the Ministry of Justice. For the first
time they are calling on law enforcement to tolerate marijuana and
hashish users and concentrate their efforts on drug importers and
dealers instead.

This recommendation was submitted by deputy of the public defense
attorney Dr. Hagit Larnau to the Knesset Constitution, Law and Justice
Committee in preparation for an upcoming debate over a bill referred to
as the 'Bong Law'.

A bong is a popular smoking device amongst marijuana and hashish users
and is constructed of a simple bottle filled with a little water and a
tube attached to it.

Several months ago the government suggested that the Knesset amend the
drug law and prohibit the distributing and possession of the smoking
device. The Constitution, Law and Justice Committee is now preparing the
government bill for the second and third readings in the Knesset.
According to the bill those caught with a bong for personal use will
face three years prison time. Those distributing bongs will face a
harsher punishment: up to five years imprisonment. The bill is designed
to make it more difficult for the many kiosks offering bongs in a
variety of shapes and colors to sell them, however the smoking device
can easily be made at home.

The bill caused a good deal of controversy within the Ministry of
Justice, primarily between the Legislative Department which drafted the
bill and the Public Defense Department which opposes it.

In her recommendation to the Constitution, Law and Justice Committee the
Public Defense details the 'enforcement paradox': Harsh steps taken
against light drug users which often cause greater social damage than
benefit. A shortage in light drugs, explains the DA, brings to an
increase in drug prices which in turn often leads users to resort to
stealing for their drug money.

'Little harm to users'

"The 'enforcement paradox' is that much greater when the issue in
question is the use of drugs which cause relatively little harm to users
and the nature of which is infrequent and, for the most part, ends with
the beginning of serious employment and a person's domestication,"
writes Dr. Larnau. "The social effect and not the drug use itself," she
continues, "which ends up harming individuals. It harms their ability to
evolve professionally and economically and become normally integrated in
society."

The Public Defense also heavily criticizes Israeli law enforcement:
"Instead of ensuring and developing the necessary services needed for
education, treatment and welfare, law enforcement chooses to concentrate
on expanding criminal law despite the damages this causes," they write,
"the result of this policy is dozens of criminal indictments on
possession of several grams of cannabis drugs, without any practical
wisdom to support it."

The Public Defense claims that in the legal situation created by
legislation, it is illegal for a person to be in possession of a bong,
but can simply use other devices like a pipe or hookah for drug consumption.

Larnau states that the bill contradicts the policies accepted throughout
most of Europe, which do not actively go after light drug users.
According to Larnau European countries operate according to policies
"Which concentrate efforts on mass importing/exporting and distribution,
while taking a tolerant approach of explanation and
treatment/rehabilitation towards users and drug cultivators for private
use."
http://www.ynetnews.com/articles/0,7340,L-3318441,00.html

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