Keywords
Legislation
Drug Abuse
Drug Depencence
Interpretation
Drug
Juridical
(Lack of) Application
How to Cite
Abstract
This article presents a critical examination about the conditions of the current legal regime that dictates the prohibition of psychoactive drugs in our society. Considering in particular the unusual decision to sanction with criminal penalties for a conduct defined according to medical findings as a disease which entails the virtual imposition of a double punishment, both natural and social, we discuss various aspects of the remarkable situation of the legal anomaly that it has thus been caused. According to the data available on the high proportion of lack of proceedings of the penal sanction of consumers that have been detained, we highlight the hermeneutic problematic that refers to the significant tension between the generality of the law and its application in concrete cases. We consider ultimately the question if, in accordance with an ever greater questioning of the discriminatory criteria of the scientific philosophical foundations of the current official policy, such a situation of lack of application of the law does not express but a rejection implicit of the injustice that is thus promoted.This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
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