Talk:Legal status of methamphetamine

In the Czech Republic section, what's with "Penal code also punishes spoofing or propagation of drugs". Propagation is the same thing as distribution which was already mentioned. What is spoofing of drugs even supposed to mean? No legal document would use a word like that. — Preceding unsigned comment added by 96.237.184.185 (talk) 03:51, 2 September 2014 (UTC)

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Australia
Firstly, it's spelled 'METAMFETAMINE' as of DEC 2019. There is no 'H' or 'P' in the current Australian spelling, whereas there was in the current dated references. The same is true for 'AMFETAMINE'. Maybe a Wikipedia editor couldn't find it due to the spelling change. Is it currently legal to sell in Australia? — Preceding unsigned comment added by Tinos (talk • contribs) 02:16, 7 December 2019 (UTC) -Just as a casual observer yeh this table is misleading, methamphetamine can be prescribed - schedule 8 (but I think in almost all cases a doctor would prescribe another stimulant instead like dexamphetamine). Otherwise recreational methamphetamine use, manufacture and sale is incredibly illegal in Australia. Cocaine is also a schedule 8 drug, but commonly would not be regarded as 'legal'. — Preceding unsigned comment added by 14.200.217.130 (talk) 04:38, 23 April 2020 (UTC)

Spain
I'm writing here as I don't have real sources, they are things like personal experience, but it may start as a base from which to find proper sources (which I may do later)

I've been told that consumption of any drug is decriminalised, as long as the drug or its consumption are not visible in public (meaning not consuming in the street, and also not, say, on your balcony, or even inside your flat but by the window if it is possible to see through the window at street level)

I've also been told that the way that it is determined whether or not the quantity someone has is for personal consumption is multifactorial, and, to an extent, subject of case law. Examples: if an individual is a drug addict and attends a drug clinic, they will have on record how much they tend to consume, and therefore an idea of roughly how much they could be expected to carry without suspecting them of selling or trafficking.

I've been told that while possession for personal use is not illegal, it can be confiscated.

And while the law with respect to what counts as personal consumption, supplying, trafficking etc. is the same for all drugs, the amount that is personal consumption is obviously different, and the punishment also varies, with all drugs being classified as "soft" or "hard" (i.e. it's not a different punishment for every different drug. Methamphetamine I would assume is classed as a hard drug)

However, in contrast, I've found a source (in Spanish) according to which there are cutoff values established based on the amount of a drug that an addict needs to satisfy their addiction for 5 days. Their value for amphetamines (with no indication as to which amphetamine, which is...weird when it comes to talking about dosage) is 0.9g (also weird, considering that that isn't an awful lot of methamphetamine, the stronger (strongest?) amphetamine).

Further information:

Possession is legal only for addicts, who must accredit their state of addiction via clinical analysis and/or (it's unclear) "medical recognition" - this is where the drug clinics I mentioned earlier would likely come in.

Trafficking/supplying (the distinction is not clear in Spanish law) is more clearly illegal, and the following acts are considered trafficking under Spanish law, according to the same source: synthesis, literal trafficking (i.e. taking it from one place to another) anything which promotes or facilitates illegal consumption, or possession with that in mind. Promotion of illegal consumption can include giving gifts (money, drugs, or otherwise) to an addict.

Mitigating factors for trafficking/supplying include the quantity of drug being close to the cut-off (in this case 0.9g), not having a criminal record, and selling in order to satisfy one's own addiction. Additionally, ex post facto they may be considered attenuating factors voluntarily quitting the drug, successfully completing a rehabilitation programme, or actively collaborating with authorities with respect to things like identifying suspects and obtaining evidence.

Aggravating factors include: being of authority, a social worker, a civil servant or a teacher who sold/trafficked while at work; participation in other illegal activities which were facilitated by the supplying/trafficking; it took place at work in a public establishment; it was sold to minors, persons with reduced capacity to consent, or persons undergoing rehabilitation; it was a massive quantity of drugs; it was sold in combination with other drugs with which is has a potentially dangerous interaction (including selling impure substances in these contexts); it was sold in or near a school, military establishment, prison, or centre for rehabilitation; violence or weapons were used.

It's also worth noting that this is the drug policy of Spain in the case of all drugs, the only thing that is drug-dependent is the quantity. So it may be prudent to very briefly summarise for the sake of this article, and include a Drug policy of Spain article, like there is for Portugal. While the Portuguese drug policy gets more international attention, I'm not entirely sure how different it actually is to the Spanish drug policy in essence. Anditres (talk) 15:54, 27 February 2022 (UTC)


 * (Replying to my own comment here to add important information) It's also important to note that while it possession and consumption aren't considered crimes in Spain, most sources seem to indicate that it still counts as an infraction punishable by a fairly hefty fine. This could be confusing to readers unfamiliar with Spanish law and so I would suggest that, to summarise, it should be presented in the table as something like "Illegal*" *sanctioned administratively with only a fine for first offenders. Or something else which succinctly explains the key differences between an infraction and a crime, e.g. an infraction does not leave a criminal record as such, although it is still administratively recorded in case a second infraction of the same nature occurs within 2 years. Anditres (talk) 16:29, 27 February 2022 (UTC)