National Government repeals decree that criminalizes the carrying and consumption of personal doses

2023-12-10 02:34:04

In the last few hours, the National Government issued decree 2114 of 2023, by which it is determined not to criminalize the carrying and consumption of a personal dose of narcotics in the country.

In legal terms, what the new order does is render invalid chapter 9 of title 8 of part 2 of book 2 of Decree 1070 of 2015, that is, the Sole Regulatory of the Defense Administrative Sector, added by Decree 1844 of 2018, which was in force.

To enter into force, the new Decree 2114 bears the signatures of the Minister of the Interior, Luis Fernando Velasco; the Minister of Justice, Néstor Osuna, and the Minister of Defense, Iván Velásquez.

Decree 1844, specifically, partially regulated the National Police and Coexistence Code, regarding the prohibition of possessing, having, delivering, distributing or marketing prohibited drugs or substances.

In said 2018 decree, it was established that, when the authority notices a possible violation of the prohibition of possession or carrying of illicit psychoactive substances, such as marijuana, cocaine, heroin or derivatives, synthetic drugs, as well as any other legally found substance, prohibited, the procedure established in the verbal process established in the National Police and Coexistence Code had to be applied.

Of course, the rule established that said procedure only applied to infractions arising from the carrying and possession of the quantities established as a personal dose, since if the quantities were exceeded, the person had to be prosecuted in accordance with current regulations.

Once the discharge process had been completed and if the alleged offender was found responsible for violating the Police Code with regard to the possession of narcotic or psychotropic substances, the corrective measure of destruction of the property was imposed, without prejudice to the other that there was room.

However, in July 2020, the Council of State, in a 122-page ruling, had already made a correction to the decree issued in 2018 by President Iván Duque, in which it established that the National Police could seize the minimum dose and even interdict fines for those who consume in public spaces.

At that time, the high court clarified that the Police could only seize the minimum dose if it was used for purposes other than the consumption of the person carrying it, if it can be proven that it is for marketing or harms third parties.