The Minister of Justice opposes the decriminalization of the possession of cannabis for personal consumption: “I will never agree”

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Alina Gorghiu, the Minister of Justice, stated on Europa FM that she does not support the draft law that provides for the decriminalization of the possession of cannabis up to a maximum of three grams. Gorghiu claims that the legalization of possession could encourage drug users to use other drugs, reports News.ro.

Alina GorghiuFoto: Inquam Photos / Sabin Cirstoveanu

“The trafficker poses as the consumer”

“The problem of drug trafficking and consumption has become a national security problem. The most consumed drug in Romania by young people is cannabis. Also, the most consumed drug at European level and it is a risky drug is cannabis. From the consumption of cannabis, which today is three grams, tomorrow you can say – why three and not 15? Why 15 and not 100? Why 100 grams and not a kg of cannabis? And this is how we open the door wide to other types of very, very dangerous drugs”, declared Alina Gorghiu.

She also raised another argument against legalizing cannabis, which is that it could be a “gateway” to more dangerous drugs. “Whoever uses cannabis today, tomorrow may use another high-risk or high-risk drug,” said the Minister of Justice.

Alina Gorghiu claims that even in the states where the consumption of cannabis was decriminalized in one form or another, the expected results were not achieved, and the decriminalization could make some traffickers escape the rigors of the law claiming that they are simple consumers.

“There is this absolutely natural temptation and tendency for a criminal for the trafficker to pose as a consumer. And I have seen a lot of cases like this. So I will never agree, neither while I am here nor in Parliament, I will oppose such a measure. I saw that there are people protesting. Good people, we must have many other things before we can think about something else”, concluded Gorghiu.

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Arguments for decriminalization

Law Project initiated by several non-affiliated deputies, members of REPER, which provides for the decriminalization of the possession of cannabis for personal consumption, within the limit of 3 grams, and the replacement of criminal sanctions with fines between 1,000 and 3,000 lei was rejected by the Senate, on 18 September 2023, decision-making on the legislative initiative being the Chamber of Deputies. On December 12, the project received a rejection report from the health, legal and defense committees of the Chamber.

The initiators of the project are non-affiliated MPs Simina Tulbure, Oana Cambera, Cristina Rizea, Andrei Lupu and Daniel Toda, members of REPER. They argue that criminal penalties for people who possess cannabis for personal use do not prevent or discourage drug use. Instead, such punishments determine the appearance and consumption of ethnobotanicals, hinder access to information and treatment, tarnish the record of those identified and hinder the activity of prosecutors’ offices.

“By decriminalizing the possession of cannabis for personal consumption within the limit of 3 grams and replacing it with a contravention fine, we expect significant decreases in the social, medical and criminal problems associated with cannabis consumption, significant decreases in the consumption of ethnobotanicals, as well as the release of more than 50 % of the DIICOT files for small quantities of cannabis and the efficiency of the law enforcement activity”, says the statement of reasons of the draft law.

By imposing maximum quantities, a strict legal distinction would be made between users and traffickers, so as to prevent cases where possession for consumption is criminalized as drug trafficking.

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