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PROPORTIONALITY AND THE WAR ON DRUGS: WHY BANNING DRUGS IS UNCONSTITUTIONAL

Olavo Hamilton

In no uncertain terms, the author advocates state regulation of the sale of drugs. In other words, he sets out to demonstrate that because the policy in place treats the question as if it were a war and the enemy were the drug traffickers, the penal statutes that flow from it echo what a certain school of thought calls criminal law for the enemy, are unsuited to a democratic constitutional system, and do not comply with the principle of proportionality, because they have failed to achieve their purpose of reducing the supply and consumption of drugs as well as the illegal drug trade. This failure reveals their ineffectiveness, not least because there is a more appropriate way to deal with the problem.