Pubdate: Thu, 16 Feb 2006 Source: Moscow Times, The (Russia) Copyright: 2006 The Moscow Times Contact: http://www.moscowtimes.ru/ Details: http://www.mapinc.org/media/903 Author: Masha Gessen ANTI-DRUG LAWS FOR DRUG DEALERS The Russian government has once again reversed itself on the subject of drug enforcement, drastically lowering the amounts of illegal drugs that are considered "large" -- large enough to land a person behind bars. Why does this matter? Arresting and jailing drug dealers is fair: Hardly anyone would argue with that. Some people even think it's effective in preventing drug use. Suppose that's true. Now consider the way it's done in Russia. A few years back, I spent time with people staffing buses that distribute clean needles to drug users (buses like these operate or have operated in a number of cities, but the Moscow government has banned their use here). There were a couple of things that I saw over and over again, in different cities. The buses generally parked in specific locations in the cities -- usually near a large green market -- where drug users tended to concentrate. This was where drugs were sold. Just as you would expect near a market, there were usually a fair number of police. They knew the bus; they knew the drug users; most of all, they knew the drug dealers. That did not interfere with the drug trade in any way. It did, however, hamper the needle-exchange efforts at times: Many of the users would not carry used needles with them, for fear of getting busted by police while they were in plain sight. As a result, some of these buses had to give up on needle exchange in favor of clean-needle distribution. The police preferred to arrest users rather than dealers because the dealers shared their profits with the police in exchange for protection. Five years ago, I visited a women's penal colony in the Kemerovo region. I was doing a story on women who had killed men who had abused them, so I had looked for a colony where women were serving murder sentences. Many of them were in for multiple murders or repeat offenses. Most of them were more or less the kind of women I had expected to meet: badly battered by poverty, alcohol and men. But there was something odd about this penal colony. Take the local radio service: It was staffed by cheerful young women who spoke an educated person's Russian. As it turned out, these were college students serving time for drug possession. As I looked around, I realized the population of the colony was split roughly in half: the hardened criminals, many of them murderers, and the college students busted for carrying marijuana, ecstasy or other illegal drugs. The colony's administration confirmed that the split was roughly 50-50. Women in both groups were serving very long sentences, ranging to seven or eight years. This was a couple of years after Russia had toughened its drug laws, lowering the minimum punishable dose to such a level that virtually any user could land behind bars. By 2004, the Justice Ministry estimated that 300,000 people were serving drug-related sentences in Russian prisons. That year the government -- responding in part to pressure from the Justice Ministry, which was fighting prison overpopulation -- raised the minimum punishable doses of illegal drugs, essentially ensuring that users who had no intent to sell would not be arrested. The police were incensed, arguing that some dealers took to carrying amounts just below the punishable level -- but still sufficient to satisfy between one and nine users. In other words, the police complained, they were being prevented from arresting users and small-time dealers and forced to focus on real drug dealers, whom they didn't want to touch with a 10-foot pole. The more-liberal policy lasted less than two years. The minimum punishable dose has been lowered again -- in most cases, by more than 50 percent. The dose is not quite as low as pre-2004 levels, but still low enough to put even casual users at risk. The police must be happy. Prisons should be bracing for an influx of inmates. - --- MAP posted-by: Derek