Chile

Drug Trafficking

Although Chile was an important center for cocaine processing in the early 1970s, the government responded proactively, instituting an anti-drug education program in 1976 (some years before even the United States did so), operated by the Carabineros, a dedicated narcotics crime unit formed by what was then a military government. Within a couple years, the cocaine problem was considered under control. However, proximity to Peru and Bolivia was a strong motive for the drug cartels to do whatever they could [Page 128]in Chile, and some of the cocaine producers expelled from the country by the government helped to set up international drug networks, acting as liaisons for their contacts back home. Chile's banking privacy laws and stable economy make it an attractive site for money laundering, and the strong export economy makes it a good transit site for shipping drugs overseas. Trafficking routes are often established near the Peruvian and Bolivian borders, which are patrolled not only by conventional motor vehicles, but also by plane and all-terrain motorcycle.

Decriminalization

In 2007 drug possession was significantly decriminalized, and two years later a commission was appointed to examine Chilean drug legislation with an eye toward reform, and to explore the possibility of full decriminalization. Prior to the 2007 reform, possession of any amount of “drugs which create physiological or psychological dependence or raw materials used to produce them” was subject to a prison sentence of up to five years, except in the case of demonstrable medical necessity.

With the 2007 law, possession and use of such drugs in private is permissible, so long as the amount possessed is of a small quantity suitable for immediate individual use. Usage and possession in public places “or places open to the public, such as streets, paths, parks, theatres, cinemas, hotels, cafes, restaurants, bars, sports centers, places for dancing or listening to music, educational institutions or training academies” is illegal and carries its own specific penalties, which can include fines, community service, suspension of driver's license, and being sentenced to a drug treatment center, depending on the specifics of the incident. Furthermore, usage in private is still criminal if done by a group of people “who have assembled in private for that purpose.” The law does not establish or protect a right to use drugs; rather, it puts the burden of interpreting the incident on the judge, who may examine the facts and determine that the drugs the defendant possesses were intended for distribution or sharing with others, in which case prison sentences are called for.

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