汤头条

We in the Psychological Association of the Philippines (汤头条) oppose the current approach of criminalizing drug use, with its attendant programs that vilify drug users, violate human rights, and disregard legal and due process. Criminalizing drug users has been shown in other countries to be ineffective in solving the drug addiction problem.

We present the following evidence and inferences from psychological, clinical, and social science research:

1. Addiction or substance use disorder (SUD) is a mental disorder (DSM-5,听听听听 2013).听听听听听听听 It听听听 is defined by the Philippine Mental Health Law as a 鈥減rimary chronic relapsing disease of brain reward, motivation, memory, and related circuitry鈥� (Sec. 4.a., RA 11036).
2. While SUD is a serious and complex problem that is caused and maintained by multiple factors (Klostermann and Kelley, 2016), people can recover from and manage their addiction with appropriate treatment and support (UNODC, 2003; NIDA, 2014). Addiction can be successfully dealt with using both residential and non-residential or community approaches (DOH 鈥淢anual of Operations for Drug Abuse Treatment and Rehabilitation Centers鈥�, 2003).
3. High relapse rates may be due to the lack of a systemic approach that听 addresses poverty and extreme economic deprivation (e.g., Robins & Ratcliff,1979), as well as the proliferation of centers that do not use evidence-based approaches and that do not address relapse prevention, family support, and aftercare.
4. The approach of criminalizing drug use violates the human rights of drug users听听 and runs counter to the prevailing scientific view of addiction that is articulated in the new Mental Health Law. The United Nations and international human rights organizations have condemned this approach (, 2018; Gavilan, 2017).
5. The criminalization approach distorts ordinary citizens鈥� and law enforcers鈥櫶�听 perceptions of addiction. By exposing people to frequent occurrences of 鈥渢okhang鈥� and vigilante-style killings, it desensitizes them to violations of human rights and reinforces the view that the lives of innocent people are mere collateral damage.
6. Countries that have tried the criminalization approach but have found that it听听 ineffective have changed how they address the problem. An example is Portugal, which has now adopted strategies based on scientific evidence and which are proving to be more effective in reducing deaths due to illegal drugs and improving indicators related to different patterns of drug use by different clinical populations (Thornton, 2015; Szalavitz, 2009; see also Greenwald, 2009).

Given these, we recommend the following in place of a criminalizing approach:
听

听 听 听 1.1.听 听Amend Republic Act of the Philippines 9165, 听or the Comprehensive Dangerous Drugs Act of 听听2002, to make it more consistent with a听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听scientific听 and humane approach to dealing 听with drug abuse 听problems;

1. 2.听 Study how we could adapt and use in the 听Philippine context the best practices in听 policies and programs听 of countries that have听 听 听 听 听 听 听 听 听 听 听 听 听 听 听effectively 听听used a non-criminalizing approach 听to addiction;
2. 3.听 Identify evidence-based and evidence-informed approaches in managing 听and treating SUD, and employ mental health professionals听 听 听 听 听 听 听 听 听 听qualified to do assessment, treatment, rehabilitation and after care;
3. 4.听 听Allocate adequate funds for developing preventive community- 听听and听听outpatient-based programs
4. 5.听 听Evaluate recovery facilities to ensure that service users are protected from听听unscientific and unethical treatment programs;
5. 6.听 听Allocate adequate funds for innovative 听听research on addiction听听听听management;
6. 7.听 听Address social issues that perpetuate 听听addiction, such as poverty,听听unemployment, etc. (Center for Substance Abuse Treatment, 听2006;听 听 听 听 听 听 听 听 Barnett, 2009);
7. 8.听 Partner with civil society groups in developing programs that support post-rehabilitation care and re-integration;
8. 9.听 Conduct sound information dissemination 听听campaigns to help听 citizens听听 develop healthy 听听attitudes and views regarding addiction;
9. 10. Train the police force in a humane and 听听compassionate approach to听听 dealing with 听听people with听 听problems听 听 听related听 听to SUD.

REFERENCES:

Barnett, R. E. (2009). The harmful side effects of drug prohibition. Utah L. Rev., 11-34.

Center for Substance Abuse Treatment. (2006). Substance abuse: clinical issues in intensive outpatient treatment. Rockville, MD: Substance Abuse and Mental Health Services Administration.

Diagnostic and Statistical Manual of Mental Disorders, 5th ed. (2013). American Psychiatric Publishing: Washington, D.C. and London.

Gavilan, J. (2017). Countries call for end to killings in PH drug war. May 9, 2017. Retrieved from

Gaviria, C. (2017). President Duterte is repeating my mistakes. Opinion editorial dated February 7, 2017. New York Times. Retrieved from

Greenwald, G. (2009). Drug decriminalization in Portugal: Lessons for creating fair and successful drug policies. Washington, D.C.: Cato Institute.

Ilas, J. (2016, September 22). Health department to construct more rehab centers. CNN Philippines. Retrieved from

Klostermann, K. and Kelley, M.L. (2015/16). Substance-related and addictive disorders. In Maddux, J. and Winstead, B. (eds.). Psychopathology: Foundations for a contemporary understanding. Routeledge: USA and UK.

NIDA. (2014). Drugs, Brains, and Behavior: The Science of Addiction. Retrieved February 23, 2017, from

No author. Manual of Operations for Drug Abuse Treatment and Rehabilitation Centers. (2003). Department of Health, 17-20.

No author. Philippines: Endorse UN inquiry into 鈥淒rug War鈥� killings. Independent Investigation Needed to Clarify Death Toll, Promote Accountability. Human Rights Watch. February 1, 2018. Retrieved at

No author. Republic Act 11036. An act establishing a national mental health policy for the purpose of enhancing the delivery of integrated mental health services, promoting and protecting the rights of persons utilizing psychiatric, neurologic and psychosocial health services, appropriating funds therefor, and for other purposes.

No author. Republic Act 9165. An act instituting the comprehensive dangerous drugs act of 2002鈥� Retrieved from

Orford, J. (1985). Excessive appetities: A psychological view of addictions. (New York: Wiley)

Robins, L. N., & Ratcliff, K. S. (1979). Continuation of antisocial behavior into adulthood. International Journal of Mental Health, 7, 96-116.

Szalavitz, M. (2009, April 26). Drugs in Portugal: Did Decriminalization Work? Time. Retrieved from Time:

Thornton, M. (2015, July 10). Portugal鈥檚 experiment in drug decriminalization has been a success. Mises Daily Articles. Retrieved from 鈥檚-别虫辫别谤颈尘别苍迟-诲谤耻驳-诲别肠谤颈尘颈苍补濒颈锄补迟颈辞苍-丑补蝉-产别别苍-蝉耻肠肠别蝉蝉

Tuchfeld, B. (1981). Spontaneous remission in alcoholics: Empirical observations and theoretical implications. Journal of Studies on Alcohol, 42, 626-641.

UNODC. (2003). Drug abuse treatment and rehabilitation: a practical planning and implementation guide. New York: United Nations.

Walters, G.D. (2000). Spontaneous remission from alcohol, tobacco, and other drug abuse: seeking quantitative answers to qualitative questions. American Journal of Drug Alcohol Abuse, 26 (3), 443-460. Abstract retrieved from