Límite de interferencia estatal al porte de dosis personal en lugares públicos en contraposición a las disposiciones de la ley 1801 de 2016

Abstract

article has been titled “LIMIT OF STATE INTERFERENCE TO THE PORTION OF PERSONAL DOSE IN PUBLIC PLACES IN CONTRAST TO THE PROVISIONS OF LAW 1801 OF 2016.” This was born as a response to the concern arising from the constant complaints made mainly on social networks, by people who, when required by members of the National Police to carry out searches of their personal belongings in public places, the authorities found psychoactive substances in their belongings. in amounts less than the personal dose, especially cannabis in small proportions, and for this reason they were treated as criminals and fined under the provisions of law 1801 of 2016, better known as the National Code of Police and Coexistence. This concern necessarily led to the question whether in Colombia the public policies already developed on previous occasions regarding the issue of the bearing and consumption of narcotic substances, such as the decriminalization of the carrying of the personal dose, are being fully complied with, since these evidence the protection of fundamental rights and principles such as human dignity and the free development of personality. For the above reasons and in order to study whether the State complies with the constitutional duty to protect these rights inherent to the human being, the following research question was formulated: What is the limit of state interference against the carrying of personal doses in public places within the framework of the National code of police and coexistence ?, proposing as a general objective to establish the limit of state interference against the carrying of personal doses in public places, and as specific objectives, first, to analyze the Colombian regulations regarding the carrying of personal doses in public places, second, to analyze the constitutional jurisprudence referring to the bearing of personal dose, and third, to determine with respect to the consumption of personal dose in public places, the limit of state interference. Objectives that were developed through eminently qualitative research using hermeneutics and legal argumentation