逐步除罪化解決毒品防治問題之研究

The Study of Drug Control Issues Base on Gradually Decriminalize

若干國家對於毒品防治採嚴刑峻法成效不佳，毒品依舊泛濫，解決不了問題。歐美有些國家將毒品行為部分除罪化，可以公開販售，政府加以課稅，以溢注毒品防治經費，同時配合採用醫療作為、減害計畫、替代物治療，以減緩毒品濫用的行為，結果在毒品防治上獲得很大的改善。本文探討入罪化與除罪化整合之毒品逐步除罪化模式，以解決目前毒品問題面臨的困境。首先論述理論基礎，以各國毒品防治現況作為佐證。本文模式規劃首先須成立毒品防治研發中心、健全的類毒品藥物之配銷系統、完善的醫療輔助與衛教輔導配套、擬定短中長期計畫執行之、輔以法律之修正等配套。然後模式進行符合比例原則之檢驗，以及模式欲維持其適用性須恪守的3項原則。如此未來我國之禁毒將可以像禁菸一樣，逐步將部分毒品列為合法以減少吸毒者，利用銷售制度的限制、高稅收、反毒宣導以達到減少吸毒、戒毒之目的，實現無毒家園的理想。

The severe punishment of the anti-drug in our country has no effectiveness at all. The drug is flooding. Underground drug trading is severe than ever and the drug offenders account for nearly half of prison prisoners. So, the problem of drugs is very severe and the solution to the problem is imminent. However, in some “drugs partial decriminalization” counties drug can be sold publicly. In those countries, drug trading is taxed to increase drug prevention fund, and at the same time taking medical behavior, harm-reduction plan or alternative therapy are also used to slow down the drug abuse behavior. In this way the problems in drug prevention are on a great improvement. Therefore, in this article, we try to apply the gradually decriminalize to solve the drug prevention problems in our country. We discussed the theoretical basis and used various cases of other countries as evidence. First of all, it is necessary to set up an antidrug research and development center, an sound distribution system for drug-similar drugs, and an perfect medical support and health education counseling support system. Secondly, developing and executing a short, medium or long-term plan projects, supplemented by the amendments to the law, is also necessary. In this article we tried to examine whether it meets the principle of proportionality or not. Next, in order to maintain the model applicability, three principles must be maintained. Hoping in the future the anti-drug policy in our country can be effective like the smoking-forbidden policy. In this way drugs will be legitimate in order to reduce drug addicts. The restrictions on the sales system, high taxes, and anti-drug propaganda will be also used to achieve the reduction of drug taking. So the ideal of non-toxic homes will come true.