Harsh laws but drug use persist: A need for better options for PWUD in Japan

Laws against narcotics and psychotropic substances in Japan, particularly for minor offenses such as possession of small quantities or distribution, are tremendously strict. Offenders on the wrong side of the law for stimulant consumption face up to ten years in prison for their first transgression; those caught using marijuana in violation of the Cannabis Control Act can be imprisoned for five. A recent case involving a famous actress and her husband, covered breathlessly by the media, hinged on 0.008 grams of amphetamines found in her apartment. For such a small quantity, she received a suspended sentence of 18 months and media hounding that follows her years later.

First-time offenders frequently receive sentences of two or more years for simple charges of consumption. The share of prisoners serving sentences for drug-related offenses, particularly methamphetamine abuse, has continued to increase, increasing overcrowding and straining the country’s correctional system. Even when offenders manage to avoid years in prison through suspended sentences, their chances are grim. Outside of prison, there are nearly no support systems to help people-who-use-drugs (PWUD) seek help or manage their addictions. The Drug Addiction Rehabilitation Center (DARC), established and run by former drug users, is the only non-governmental organization working with PWUD in society. Yet like rehabilitation programs in prison, DARC is entirely abstinence-based.

Within this context, it should come as no surprise that many fall back on the old habits. Nearly 50% of first-time offenders of the Stimulants Control Law, for example, are convicted of another crime, one-third within a year of their first conviction. Caught up again within the draconian penal system, they face doubled prison sentences and little chance of rehabilitation. Many cycle in and out of prison, unable to access services that would help them to break the pattern of their behavior. In 2004, over 70% of those imprisoned under the Stimulants Control Law had previously been jailed for the same violation.

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