Publicación:

El libre desarrollo de la personalidad y la prohibición del porte y consumo de sustancias prohibidas en la ley 1801 de 2016

Resumen

The purpose of this research is to analyze alternative policies to guarantee the effective enjoyment of the right to free development of the personality of consumers of narcotic and psychoactive substances in Colombia, in response to the prohibition of carrying and consuming the minimum dose enshrined in Law 1801 of 2016, to the extent that the application of the Colombian Police Code and its subsequent regulatory Decree 1844 of 2018, have generated legal effects and impacts that deserve special attention, as they contradict important jurisprudential references of the high Courts, which have protected the right to free development of the personality of this population group, contrary to these pronouncements, the anti-drug policy of the Colombian state demonstrates the regression in terms of human rights, and respect for the right to free development of the personality of consumers of narcotic and psychoactive substances, that is why that it is imperative to change the failed prohibitionist policy of the state to policies that guarantee the full enjoyment of the fundamental rights of consumers of narcotic and psychoactive substances. The legal investigation, the rigorous, deep and analytical review of the legal institutes and the doctrine on the matter are used, as well as the formal aspects of constitutional and administrative law and the references of international law pertaining to the issue of consumption of narcotic substances and psychoactive substances, prohibitionist policies and the guarantee of the right to free development of the personality of consumers of narcotic and psychoactive substances.