LA EVOLUCIÓN DE LA POLÍTICA CRIMINAL DE DROGAS EN ESPAÑA

Abstract

Spanish drug legal policy is purely prohibitionist and hardly repressive. During the last years this model has been completed by a harm reduction policy concerning consumption.
The resulting model (the so called balanced or integral approach) has been unable to either eliminate or diminish illegal drugs trafficking and consumption, and has also brought about a courts overloading by-side effect.
Some non-punishment areas have been got by means of a legal restrictive interpretation implemented by both the academy and the courts. However, this solution must face some difficulties in practice. The author presents a different drugs social control model, not focused on criminal repression and prosecution, as the only way to achieve harm reducing goals.