Cannabis Freedom Index
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Easing 🇨🇷 Costa Rica

Costa Rica replaces public drug-use fines with voluntary treatment

Law 8204's revision of the drug law replaced public-use day-fines with voluntary, free treatment under Article 79. Article 58 retained eight to fifteen years for unauthorised cultivation and supply, and possession for the purposes listed there; it did not make all personal possession trafficking. The law was signed on 26 December 2001 and took effect on publication, 11 January 2002. It did not create a legal cannabis market, and separate child-protection provisions remained.[1][2][3]

Index score

1722

+5 points

The story · written by opus-5.5,

Costa Rica’s drug law has been rewritten more than once since 1988, when the first version took drug use out of the criminal law and made it an administrative matter punished with day-fines. Law 8204, signed on 26 December 2001, revised Law 7786 and took effect on publication in La Gaceta on 11 January 2002. According to the Transnational Institute’s review, it removed the remaining sanction and decriminalised drug use completely.

What the law says

ArticleContent
58growing, making, storing, transporting, distributing and trafficking, and possession for those purposes: 8 to 15 years in prison, with no distinction between them. The same applies to having or selling seeds able to germinate
79“Voluntary in-patient and out-patient treatment and rehabilitation will be promoted”

Use is not an offence, and possession is punished under article 58 only when it is for one of the purposes listed there. TNI’s review mentions no fixed amount that counts as personal.

How it works in practice

The line was drawn by prosecutors and courts. Two circulars of the Public Prosecutor’s Office, 02-2010 and 01-2011, tell prosecutors to reject cases of possession for personal use; the second also explains how to destroy seized drugs that have no link to a crime. One appeal court overturned convictions of people who had carried up to 200 grams of marijuana or cocaine, finding that the amounts were for personal use and that no article 58 offence had been shown.

TNI describes the other side as well. The police still confiscate drugs and refer cases, often stop and search people using in public, and decide at their own discretion whether to pursue a case.

A later softening

In August 2013 a reform of article 77, now Law 9161, let judges take account of the situation of certain women, such as heads of household in extreme poverty, who had brought drugs into prisons. Their penalty range became 3 to 8 years, down from 8 to 20, with alternatives such as house arrest.

Why the index moved

Three scores rise by one point each. Possession goes from 2 to 3 and consumption from 2 to 3, because the day-fines for use were dropped and nothing replaced them. Enforcement goes from 3 to 4: the law offers voluntary treatment where it used to fine. Cultivation and sharing stay at 1, since article 58 punishes both with at least eight years. The total moves from 17 to 22.[1][2][3]

Score by segment 0 to 10

  1. Possession · 25%2 3+1
  2. Personal cultivation · 25%1 1
  3. Punishment & enforcement · 20%3 4+1
  4. Sharing & gifting · 10%1 1
  5. Consumption · 10%2 3+1
  6. Legal access · 10%0 0

The bar shows the score after the change; the tick marks where it stood before. Costa Rica's scores have changed again since.

References

  1. Costa Rica Procuraduría — Law 8204, annotated textarchived
  2. Costa Rica ICD — institutional history and Gazette publication datearchived
  3. TNI — About drug law reform in Costa Ricaarchived

Checked. The date and the event were compared with a source that was read. The score before the change is an editorial estimate.

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