Legal and policy frameworks
Many countries criminalise the provision of spaces for illegal drug use, workers can face prosecution for supplying users with certain paraphernalia (equipment used for drug consumption), as it is viewed as facilitating drug use. Consequently, establishing a drug consumption room necessitates adherence to country-specific laws. Many DCRs operate under special or experimental legislation, while some, like those in Liege, Belgium, function without a national political consensus or a proper legal framework.
Endorsement of Drug Consumption Rooms (DCRs) can vary depending on the host country's regulatory landscape. Some countries rely on:
- Legal expert opinion: Switzerland (Schultz, 1989); Germany (Körner, 1993) , and the Netherlands (College van Procureur-generaal 1996) have utilised legal opinions to guide DCR provision.
- National Drug Laws: Specific provisions or exemptions within drug legislation: amendment to BtMG (§10a) in Germany, specific 2004 ‘injection room’ Bill by the parliament in Norway, Law 30/2000 in Portugal, section 360 of the Drug Misuse and Trafficking Act (1985) in Australia.
- Existing local public health regulations: Spain (EMCDDA, 2023).
Establishing a DCR is a continuous process with no definite end. Practices are regularly reviewed to ensure their effectiveness and legitimacy.
Legal basis for DCR in Germany
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