In the last few hours, the National Government issued a decree 2114 of 2023, which determined not to criminalize the carrying and consumption of a personal dose of narcotics in the country.
In legal terms, what the new order does is to make invalid chapter 9 of title 8 of part 2 of book 2 of Decree 1070 of 2015, that is, the Sole Regulatory of the Defense Administrative Sector, added to Decree 1844 of 2018, which is in force.
To be implemented, the new Decree 2114 bears the signatures of the Minister of the Interior, Luis Fernando Velasco; the Minister of Justice, Néstor Osuna, and the Minister of Defense, Iván Velásquez.
Decree 1844, in particular, is partially regulated by the National Police and Coexistence Code, regarding the prohibition of possession, possession, delivery, distribution or sale of illegal drugs or substances.
In a message on his X account, President Gustavo Petro assured that the only thing the government has done is to revoke the fine for carrying personal doses because the courts have identified it. “Everything remains the same. The ban on consumption in public places should be established in every city. This is also a mandate from the Constitutional Court that we fulfill and we agree,” the president said.
In the said 2018 decree, it is established that, if the authority detects a possible violation of the prohibition of possession or transport of prohibited psychoactive substances, such as marijuana, cocaine, heroin or derivatives, synthetic drugs, as well as of any legally found substance. , prohibited, the procedure established by the verbal process established by the National Police and Coexistence Code must be applied.
Of course, the rule establishes that this procedure is only applicable to violations arising from the transport and possession of quantities established as a personal dose, because if the quantity is exceeded, the person must be prosecuted according to of current regulations.
If the discharge process is completed and if the alleged offender is found responsible for violating the Police Code regarding the possession of narcotic or psychotropic substances, the corrective measure of property destruction is imposed, without prejudice to others who have room.
However, in July 2020, the Council of State, in a 122-page ruling, already made a correction to the decree issued in 2018 by President Iván Duque, in which it established that the National Police would be get the smallest dose and even ban. fines for those who consume in public places.
At that time, the high court clarified that the Police can only seize the minimum dose if it is used for purposes other than the consumption of the person carrying it, if it can be proven that it is for sale or harmful to third parties .