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consequences which can result from their abuse and which are not used in medicine (heroin, coca leafs, opium poppy concentrate, cannabis/THC, PCP, MDMA, MDA, MDE, khat, mescaline,
psilocybin, BZP, mephedrone etc.);
Group II: plants and substances considered highly dangerous, due to the severe consequences which can result from their abuse, and which can be used in medicine (cocaine, amphetamine, methamphetamine, opium, morphine, codeine, methadone, buprenorphine, etc.);
Group III: plants and substances of medium danger, due to the consequences which can result from their abuse, and which can be used in medicine (mostly barbiturate and non-barbiturate hypnotics and anti-epileptics, benzodiazepine anxiolytics and hypnotics, and stimulants and anorectics /arylalkylamin and others, such as: GHB and 2 C-B).
1. Opioid substitution treatment (OST)
Which medication is provided through your OST programmes in your country?
If yes, please indicate with X If yes, started in [year]
methadone X 1994 (official start)
buprenorphine X 2005
heroin
other: slow-release morphine X 2005
other: suboxone X 2007
1.1 In depth information on the preparation and enactment of the legislation and other regulations regarding OST
1.1.1 Please provide information, in bullet points, on the preparation and enactment of the first legislation and regulations around OST. Specify for each type of medication separately.
Please give your answer in the box below
The Prevention of the Use of Illicit Drugs and Dealing with Consumers of Illicit Drugs Act (Official Gazette of the Republic of Slovenia, No. 98/1999; amendments 2/2004) specifies measures which include informational, medical and educational as well as counselling activities, medical treatment, social security services and programmes for coping with social problems related to the consumption of illicit drugs, and monitoring of the consumption of illicit drugs.
Under Art. 8, the treatment of drug users takes place within the residential and out-patient
facilities, which are approved by the Health Council. It is carried out by individuals and legal persons who should fulfill certain statutory requirements related to the performance of health services.
Methadone maintenance and maintenance using other substitution substances, previously approved by the Health Council at the Ministry of Health, is also considered a treatment method.
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1.1.2 Please provide information, in bullet points, on the preparation and enactment of the current legislation and regulations around OST. Specify for each type of medication. separately.
Please give your answer in the box below Still the same legislation.
1.1.3 Please provide information, in bullet points, on any relevant changes between the first legislation and regulations around OST and the current legislation and regulations. Specify for each type of medication separately and include the year of change.
Please give your answer in the box below
Still the same legislation. No changes since first legislation.
1.1.4 Briefly describe key events and underlying reasons in the process of preparing and adapting the legislation and regulations to establish OST (chronologically, with accompanying dates).
Please give your answer in the box below
Still the same legislation. No changes since first legislation.
1.1.5 Please identify the five stakeholders who played the most important role in supporting the preparation and enactment of the legislation and regulations on OST.
- What are their main interests and arguments (see list of possible interests and arguments in annex 2)?
- Please score their influence on a 1-7 scale with regard to political power, financial power, PR power and power based on (scientific) knowledge.
Stakeholder Possible interest/arguments Politic al power (1-7)
Financia l power (1-7)
PR powe r (1-7)
Knowledge based power (1-7) Andrej Kastelic
(governmental health care sector - addiction care)
Health – public Health – individual (protection of users)
4 4 7 7
Tatja Kostnapfel (national
policymaker) (advisor at the Ministry of Health)
Health – public 5 5 4 6
Milan Krek (national
Health – public Health – individual
4 3 6 7
186 policymaker)
(Government Office for Drugs - director)
(protection of users)
Dr Marjan Jereb (national politician / Minister of Health)
Health – public 7 7 6 4
Dunja Piškur-Kosmač
(national politician / State Secretary at the Ministry of Health)
Health – public 7 7 6 6
Any additional comments, please write in the box below
Government Office for Drugs was established in 1999, so its influence in the case of substitution treatment related legislation was not crucial. On the basis of this law national strategy was developed and adopted in 2004 which included also chapter on medical treatment.
1.1.6 Please identify the five stakeholders who played the most important role in opposing the preparation and enactment of the legislation and regulations on OST. List their interests and arguments and score their power.
Stakeholder Possible interest/arguments Politic al power (1-7)
Financia l power (1-7)
PR power (1-7)
Knowledg e based power (1-7)
Any additional comments, please write in the box below
There was no opposition to the law as this field was never regulated before. All important stakeholders were in favour to this law including substitution treatment of drug users. There was some minor opposition to methadone itself occasionally (mostly right-wing/conservative politicians) but nothing important and influential. The law was never in real danger.
1.1.7 In case international politics or policy have influenced the preparation, introduction or adaptation of this legislation or these regulations in your country, please explain.
Please give your answer in the box below
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Basically only UN conventions and declarations on illicit drugs were foundation for our legislation in that field. There was no other international influence detected in the process. On the basis of adopted legislation in 1999 Slovenia started to develop its own drug strategy which was adopted in 2004 and valid until 2009. This strategy is based on EU action plan on drugs 2000-2004.
1.1.8 Please summarize in bullet points the key elements (content) of the legislation or other regulations with regards to OST as they are in force to date.
Please give your answer in the box below
Treatment of consumers of illicit drugs shall be carried out in the form of hospital and outpatient clinic treatment programmes approved by the Health Council;
The treatment shall be carried out by natural and legal persons who fulfil the conditions defined for the performance of medical activities in accordance with the legislation and regulations governing medical activity;
Treatment shall also be deemed to be maintenance with methadone and with other substitutes approved by the Health Council;
For the implementation of outpatient clinic activity for the prevention and treatment of addiction, centres for the prevention and treatment of addiction to illicit drugs shall be organised on the primary level as part of the public health service network;
The activity of the centres shall be carried out by the persons specified in the second paragraph on the basis of a concession, or by public health institutions.
The minister responsible for health shall appoint the body for the coordination of the centres for the prevention and treatment of addiction to illicit drugs, which shall propose a treatment doctrine, verify the implementation of the addiction treatment doctrine and coordinate professional
cooperation between the centres for the prevention and treatment of addiction to illicit drugs;
The composition and method of work of the coordination body for the centres for the prevention and treatment of addiction to illicit drugs shall be set out in more detail by the minister responsible for health;
For the implementation of hospital and specialist outpatient clinic treatment, the Government of the Republic of Slovenia shall establish a public health institution – the Centre for Treatment of Illicit Drugs Addicts;
Hospital treatment shall be deemed to be hospital detoxification, psychosocio-therapeutic treatment, extended treatment, and health rehabilitation.
1.1.9 In case any modifications of the legislation or regulations are expected in the near future, please briefly describe contents and reasons.
Please give your answer in the box below No modifications are expected in the future.
1.2 In depth information on the implementation of regulating provisions in the legislation or otherwise regarding OST.
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1.2.1 What is the level of implementation of OST in your country? Please rate on a scale from 1-7.
1= not implemented at all (OST is not available); 7=fully implemented in the whole country and all relevant settings (including prisons).
Any comments on the level of implementation, please write in the box below
Drug-related treatment is available within the framework of the public health national service network. Treatment takes place primarily at one of 19 centres for the Prevention and Treatment of Drug Addiction (CPTDAs), which are run as a franchise or as a public health service. To provide hospital and treatment at special clinics, the government has established a public health centre — the Centre for the Treatment of Drug Addicts — at the Ljubljana Psychiatric Clinic. Substitution treatment is available also for imprisoned persons in prisons.
1.2.2 Please describe factors facilitating the implementation (e.g., public opinion, organisational aspects, positive media attention, ...).
Please give your answer in the box below
Substitution treatment and its implementation are not an important issue in the public (political) debate but it occurred from time to time in the past that public debate, public opinion and media went more in favour of abstinence-oriented drug treatment. In last few years this kind of debate is not the case anymore. Also harm reduction-oriented approach is well-accepted in Slovenia now. In our opinion it was crucial for present situation that addiction treatment professionals and policy makers had several evidence-based arguments in favour to substitution treatment while debating this issue in public (e.g. protecting people from HIV/hepatitis, decreasing criminality etc.).
1.2.3 Please describe barriers for the implementation (e.g., public opinion, financial restrictions, housing problems, organisational aspects, negative media attention).
Please give your answer in the box below
There were some intentions in the past to argue against substitution treatment (mostly against methadone) or influence public opinion and media reporting to be more in favour of abstinence-oriented treatment. Those arguments came mostly from abstinence-abstinence-oriented treatment institutions and professionals connected with Catholic church etc. Nowadays this debate is not the case
anymore.
1 2 3 4 5 6 7
X
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1.2.4 In case stakeholders involved in the implementation of OST (see question 1.1 e and f) differ from those involved in the preparation and enactment of the legislation, or have another ranking, please comment on that.
Please give your answer in the box below N.a.
2. Use and possession of small quantities for personal use
Is there any legislation or are there regulations around decriminalisation of use and possession of small quantities for personal use?
yes
no If yes, continue;
If no, proceed to question 2.1.10.
2.1 In depth information on the preparation and enactment of the legislation and other regulations regarding use and possession of small quantities for personal use
2.1.1 Please provide information, in bullet points, on the preparation and enactment of the first legislation and regulations around decriminalisation of use and possession of small quantities for personal use. Please include dates (year).
Please give your answer in the box below
The use (consumption) per se of drugs is not an offence in Slovenia, but illegal possession of drugs is considered a minor offence under the Production and Trade in Illicit Drugs Act (Article 33) (adopted in 1999). According to this, unauthorised possession of drugs is subjected to a fine of between € 208 and up to € 625 or to imprisonment of 30 days. Individuals who possess a smaller quantity of illicit drug for one-off personal use are liable to a monetary fine of between € 42 and € 208 or a prison sentence of up to 5 days for such an offence. According to the provisions of the Misdemeanors Act, the persons committing such an offence may be subject to more lenient punishment if they
voluntarily enter the programme of treatment for illicit drug users or social security programmes approved by the Health Council at the Ministry of Health or by the Council for Drugs at the Ministry of Labour, Family and Social Affairs. There is no limit quantity yet to indicate what personal use is, but this is being discussed.
2.1.2 Please provide information, in bullet points, on the preparation and enactment of the current legislation and regulations around decriminalisation of use and possession of small quantities for personal use. Please include dates (year).
Please give your answer in the box below
190 Still the same legislation.
2.1.3 Please provide information, in bullet points, on any relevant changes between the first legislation and regulations around decriminalisation of use and possession of small quantities for personal use and the current legislation and regulations. Include the year(s) of change.
Please give your answer in the box below
No significant changes which influenced use and possession of small quantities for personal use.
2.1.4 Briefly describe key events and underlying reasons in the process of preparing and adapting the legislation and regulations to establish a decriminalisation of use and possession of small quantities for personal use (chronologically, with accompanying dates).
Please give your answer in the box below
In Slovenia, possession of illicit drugs is minor (not criminal) offence since 1978. Since 1980s there is no known case of imprisonment for possession of illicit drugs for personal use. Mostly fines were used for such offences even that prison sentences are foreseen in the law (also in the present one).
In 1999, the Ministry of Health prepared a new draft legislation regulating also possession of illicit drugs (Production of and Trade in Illicit Drugs Act) which was adopted by the National Assembly in 1999. In the process of adoption of this particular law several discussions occurred and most of them were focusing on “decriminalisation and possession of small quantities for personal use”. It was rather short but very active period of discussion (couple of months during the legislative procedure) which involved several key stakeholders (e.g. health and social sector, police officers, academics, policymakers and politicians) and civil society as well (both pro- and contra-
decriminalisation and possession for personal use). More liberal and social-democratic politicians, professionals and representatives of NGOs were on the pro-decriminalisation side and more conservative, Christian-democratic and right-wing politicians were on contra-decrimininalisation side of discussion. Political majority was pro-decriminalisation oriented, so the law was finally adopted in December 1999 with special article on “possession” and special paragraph on “small quantities for personal use”. Up to now, quantities are not yet defined.
2.1.5 Please identify the five stakeholders who played the most important role in supporting the preparation and enactment of the legislation and regulations on decriminalisation of use and possession of small quantities for personal use.
- What are their main interests and arguments (see list of possible interests and arguments in annex 2)?
- Please score their influence on a 1-7 scale with regard to political power, financial power, PR power and power based on (scientific) knowledge.
Stakeholder Possible interest/arguments Political power
Financial power
PR power
Knowledge based power
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(1-7) (1-7) (1-7) (1-7) Tatja
Kostnapfel (national policymaker) (advisor at the Ministry of Health)
Health – public 5 5 4 6
Milan Krek (national policymaker) (Government Office for Drugs - director)
Health – public Health – individual (protection of users)
4 3 6 7
Dr Marjan Jereb (national politician / Minister of Health)
Health – public 7 7 6 4
Dunja Piškur-Kosmač (national politician / State Secretary at the Ministry of Health)
Health – public 7 7 6 6
Roman Jakič (member of the National Assembly 1996-2000) (Liberal Democratic Party)
Health – individual (protection of users) Health - public
7 4 7 5
Any additional comments, please write in the box below
The Resolution on the National Drug Programme 2004-2009 provided for certain amendments to the existing legislation. With regards to the penal policy, the Resolution provided for an
examination of the possibility of setting stricter penalties for dealers in illicit drugs and those who render opportunities for consumption of illicit drugs to minors in schools themselves or in the near vicinity and on the premises where young persons are involved in activities, or for those who
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influence minors or vulnerable people. The Resolution also provided faster proceedings before the authorities which adopt decisions on violations and on criminal proceedings, but above all, strived for the earliest possible hearings whenever drug addiction leads to criminal offences.
In compliance with the Production and Trade in Illicit Drugs Act, the illegal possession of drugs was again classified as a minor offence. On the basis of the Resolution, the possibility of amending the stated act was planned to be examined in order to determine the limit for the quantity of an illicit drug for personal use and the quantity that can no longer be classified as such. In this case, amendments was planned to be made to the criminal law as well. Another matter that was provided to be studied is whether it is sensible and effective to sanction the possession of illicit drugs up to the quantity the users need for a one-off use if other circumstances do not indicate a possibility for greater abuse of illicit drugs. At the same time, it would make sense to attract expert groups capable of providing professional assistance to individual perpetrators immediately upon the detection of criminal conduct. In this regard, the Council for Drugs at the Ministry of Labour, Family and Social Affairs (this Council was never really operational) along with the Health Council at the Ministry of Health should set up health or social security programmes for dealing with perpetrators of offences who have been caught with minor quantities of illicit drugs for one-off personal use. The response and cooperation of an offender should be an important component in decisions adopted by judicial authorities regarding sanctions, however, some thought should also be given to
alternative sanctions (administrative penalties, and similar) and provisions made for them. None of these activities mentioned above were realised since the Resolution was adopted in 2004. Some of them were again included in the draft of new national programme which was not yet sent to the governmental procedure and wider public discussion.
2.1.6 Please identify the five stakeholders who played the most important role in opposing the preparation and enactment of the legislation and regulations on decriminalisation of use and possession of small quantities for personal use. List their interests and arguments and score their power.
Stakeholder Possible interest/arguments Political power (1-7)
Financial power (1-7)
PR power (1-7)
Knowledge based power (1-7)
Branko Kelemina (member of the National Assembly 1996-2000 – Slovenian Democratic Party – conservative)
Security - public
Morals / values / ideology
3 2 3 3
Janez Čebulj (member of the National
Security - public
Morals / values / ideology
2 2 2 2
193 Assembly
1996-2000 – Slovenian Democratic Party - conservative) Rudolf Petan (member of the National Assembly 1996-2000 – Slovenian Democratic Party - conservative)
Security - public
Morals / values / ideology
2 2 2 2
Vincencij Demšar (member of the National Assembly 1996-2000 – Slovenian People’s Party / Slovenian Christian Democrats - conservative)
Security - public
Morals / values / ideology
2 2 2 2
Pavel Rupar (member of the National Assembly 1996-2000 – Slovenian Democratic Party - conservative)
Security - public
Morals / values / ideology
3 2 4 3
Any additional comments, please write in the box below
All mentioned members of Slovenian parliament (National Assembly) are not active in politics anymore. There was not very active discussion on this issue in the parliament except in the
parliamentary committee responsible for health issues and rather short discussion during adoption process of the law in the parliament (assembly meeting).
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2.1.7 In case international politics or policy have influenced the preparation, introduction or adaptation of this legislation or these regulations in your country, please explain.
Please give your answer in the box below
No international influence to the preparation, introduction or adaptation of this legislation was registered. In some discussions (by civil society organisations and Government Office for Drugs) the UN Declaration 1998 was mentioned as an argument for decriminalisation of drug users.
2.1.8 Please summarize in bullet points the key elements (content) of the legislation or other regulations with regards to use and possession of small quantities of heroin for personal use as they are in force to date. E.g., are use and/or possession of small quantities still a crime, what are the sanctions, what is the definition of a small quantity?
Please give your answer in the box below
The use (consumption) per se of drugs is not an offence in Slovenia, but illegal possession of drugs is considered a minor offence under the Production and Trade in Illicit Drugs Act (Article 33) (adopted in 1999).
Unauthorised possession of drugs is subjected to a fine of between € 42 and € 208 or to imprisonment of 30 days.
Individuals who possess a smaller quantity of illicit drug for one-off personal use are liable to a monetary fine of between € 208 and up to € 625 or a prison sentence of up to 5 days.
The persons committing such an offence may be subject to more lenient punishment if they voluntarily enter the programme of treatment for illicit drug users or social security programmes approved by the Ministry of Health or by the Ministry of Labour, Family and Social Affairs.
There is no limit quantity yet to indicate what personal use is, but this is being discussed.
2.1.9 If any modifications of the legislation or regulations expected in the near future, please briefly describe contents and reasons.
Please give your answer in the box below
Yes, but at the moment changes are not realistic as new national strategy has to be introduced and adopted first by the government and the National Assembly. This process is ongoing already since 2009 and we still don’t know when the strategy is planned to be adopted by the government and the parliament. Regarding possession issue only limit quantity what personal use is being discussed and could be defined by the law in the near future. No other changes are expected.
2.1.10 In case no legislation and other regulations regarding use and possession of small quantities for personal use exist, please mention any attempts/proposals made to have this regulated and why it did not succeed.
195 Please give your answer in the box below
N.a.
2.2 In depth information on the implementation of regulating provisions in the legislation or otherwise regarding use and possession of small quantities for personal use
In the answers to the questions below, please describe briefly in bullet points the specifics of the implementation. If no legislation or other regulations regarding use and possession of small quantities for personal use exist, please scroll down the page to section II Contextual information.
2.2.1 What is the level of implementation regarding use and possession of small quantities for personal use in your country? Please rate on a scale from 1-7.
1= not implemented at all; 7=fully implemented in the whole country and all relevant settings.
1 2 3 4 5 6 7
X
Any comments on the level of implementation, please write in the box below.
The only missing legislative category regarding implementation is defined quantities for personal use, so in most of the cases courts (judges) decide by discretion or they consult experts.
2.2.2 Please describe factors facilitating the implementation (e.g., support from the police, public opinion, organisational aspects, positive media attention, ...).
Please give your answer in the box below
Regarding legislation on possession of illicit drugs for personal use, Slovenia is categorised as rather liberal country. The priorities of police are more focused on organized crime not on drug users themselves (since the end of 1990s). Public opinion seems to be in general against legalization, but not supportive to repression against drug users as well. There was no specific public opinion survey yet on this issue. There was one minor survey in newspaper Delo about 10 years ago (concretely on
“recreational” and medical cannabis) which showed attitude against legalization of cannabis and in favour to medicinal use of cannabis. In 2011, Eurobarometer survey showed that 94 % of young Slovenians (age 15-24) think that heroin should continue to be banned (91 % of them support cocaine ban, 89 % ecstasy ban and 49 % cannabis ban). 46 % of young Slovenians support cannabis should be regulated (similar to alcohol and tobacco). On question “what do you think are the three most effective ways for public authorities to reduce drugs problems” 63 % of them think it’s “tough measures against drug dealers and traffickers”, 33 % of them think it’s “tough measures against drug users” and 20 % of them think it’s “making drugs legal”. Regarding media there is practically no media coverage for illicit drug issues (articles or news on illicit drugs are published only
occasionally).