2012 NATIONAL REPORT (2011 data) TO THE EMCDDA by the Reitox Polish Reitox Focal Point “POLAND” New Development, Trends and in-depth information on selected issues REITOX 1 Krajowe Biuro ds. Przeciwdziałania Narkomanii – National Bureau for Drug Prevention Warsaw, Poland 2012 Editors: Artur Malczewski, Marta Struzik Authors: Centrum Informacji o Narkotykach i Narkomanii – Reitox Polish National Focal Point Poland Artur Malczewski - Head of RPNFP Michał Kidawa Marta Struzik Anna Strzelecka Katarzyna Sollich Anna Misiurek Łukasz J ędruszak Krajowe Biuro ds. Przeciwdziałania Narkomanii - National Bureau for Drug Prevention Piotr Jabło ński Ph.D. – Director of NBDP Bogusława Bukowska – Deputy Director of NBDP Anna Radomska El żbieta Stawecka Piotr Jurkowski Kamila Gryn Dawid Chojecki External expert: Magdalena Rosi ńska Ph.D. Marta Nied źwiedzka – Stadnik Marta Walichnowska Translation: Paweł Nowocie ń 2 List of Contents Page Summary ........................................................................................................................ 4 Part A: New Developments and Trends ...................................................................... 16 1. Drug policy: legislation, strategies and economic analysis......................................... 16 2. Drug use in the general population and specific targeted-groups............................... 41 3. Prevention.................................................................................................................. 59 4. Problem Drug Use..................................................................................................... 76 5. Drug-Related Treatment: treatment demand and treatment availability.................... 77 6. Health Correlates and Consequences ....................................................................... 97 7. Responses to Health Correlates and Consequences................................................. 118 8. Social Correlates and Social Reintegration ............................................................... 130 9. Drug-related crime, prevention of drug-related crime and prison............................... 136 10. Drug Markets............................................................................................................. 153 Part B: Selected Issue .................................................................................................. 166 11. Residential treatment for drug users in Poland ........................................................ 166 12. Drug policies of large European cities....................................................................... 177 Part C ............................................................................................................................. 191 13. Bibliography.............................................................................................................. 191 o Alphabetic list of all bibliographic references used .................................................. 191 o Alphabetic list of relevant data bases ...................................................................... 195 o Alphabetic list of relevant Internet addresses……................................................... 195 14. Annexes.................................................................................................................... 196 o List of tables and graphs used in the text............................................................ 196 o List of abbreviations used in the text...................................................................... 200 o List of full references of laws in original language............................................... 201 Part D: Standard Tables and Structured Questionnaires ............................................. 202 3 Summary Drug Policy The basic anti-drug legal act remains the Act of 29 July 2005 on Counteracting Drug Addiction. The Act defines the following: 1) competences of relevant services, central institutions and local governments in counteracting drug addiction, 2) educational activities and information provision, 3) conduct with substance dependent individuals, 4) rules and procedure for handling precursors, narcotic drugs and psychoactive substances, 5) rules and procedure for handling poppy and hemp crops, 6) penal provisions and 7) controlled substances. The executive act the lays down the priorities serving both as the National Antidrug Strategy as well as the Action Plan is the National Programme for Counteracting Drug Addiction (NPCDA) 2011-2016. Since 2006 the National Programme has been a legal act of a regulation status. It promotes sustainable approach to the problem of drugs and drug addiction, balancing the tasks of drug demand reduction and drug supply reduction. The general aim of the programme is “Reducing drug use and drug-related social and health problems”. In 2011 and the first half of 2011 the anti-drug law was subject to a major modifications. April 2011 amendment to the Act on counteracting drug addiction was passed. The amendment introduced a number of crucial changes in the Polish anti-drug law. Probably the most important and frequently discussed was the deregulation of small possession of drugs for private use. The amendment introduces Article 62a which gives the prosecutor and the judge an option to discontinue the criminal procedure towards individuals caught in possession of small amounts of narcotic drugs and psychotropic substances for private use. Additionally article 70a of the amended anti-drug law imposed on prosecutors in preparatory proceedings and the court in jurisdiction proceedings the obligation to collect information on the use of narcotic drugs and psychoactive substances by the accused. The amendment was described in details in Polish National Report 2011. In January 2012, the Minister of Justice issued the Regulation on collecting information on the use narcotic drugs, psychotropic substances and substitutes thereof by the suspect. This executive act defines specific conditions and the manner of collecting data on suspects drug use as well as sets conditions to be met by the data collectors. In principle, this regulation is intended to exclude accidental selection of individuals responsible for assessing the status of drugs use and its consequences for the suspect and harmonise and further specify the assessment criteria. The Regulation in question constitutes an important step in adapting the Polish legal system to effective implementation of the ‘rather treat than punish’ principle. Furthermore, it provides judges and 4 prosecutors with decision-making tools based on an independent and professional analysis of the accused’s situation. The 2011 was also first year of implementation of new National Programme for Counteracting Drug Addiction 2011-2016. The data collection on the implementation of the strategy showed some short comes in the existing data system in several institutions necessary to evaluate the action undertaken in the process of implementation of strategy. Remedial measures were taken to set up data collection systems and introduce necessary changes to the Strategy. A broad evaluation is planned in the middle of the strategy term i.e. 2014 and upon its completion in 2016. In 2011 the activities Council for Counteracting Drug Addiction, which is a coordinating and advisory body focused on preparation for Polish presidency in EU in the field of drugs. Additionally Councils activity were mainly devoted to the problem of limiting access to OTC medicines containing pseudoephedrine and discussing possible measures to more efficient control of new psychoactive substances. In case of pseudoephedrine, introducing the option of determining a dose to be sold as an obligation imposed on the pharmacy keeper based in the pharmaceutical law is currently under investigation. In the case of new psychoactive substances the possibility of control measures basing on generic definition in Polish legal system is also being investigated. The Council also accepted the further extension of list of control substances to several new substances. At present the amendment is in the process of interdepartmental consultations. Moreover in 2011 substantial changes took place in the structure of working groups operating by the Council. The new psychoactive substances/designer drugs group was established in order to better coordinate actions in the field of new drugs. General population studies Under monitoring drug use prevalence in the general population in November and December 2010 there was survey conducted by the National Bureau for Drug Prevention on a randomly selected sample of Polish residents aged 15-64 (n=3900). The survey was conducted by the National Bureau for Drug Prevention in cooperation with 8 provinces. Such a considerable sample of provinces was the result of collaboration between the National Bureau and the Provincial Information Experts on Drugs and Drug Addiction, who in the case of most provinces were responsible for implementing the project. The survey questionnaire was designed based on the first national survey conducted by the National Bureau for Drug Prevention in 2002. The survey adopted the methodology of the European Monitoring Centre for Drugs and Drug Addiction. The questionnaire was modified in the course of follow-ups of 2006 and 2010. 5 The project was conducted in the course of studying attitudes and behaviours related to psychoactive substances on a national sample and provincial samples. Field studies were implemented
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