Ecuador's Drug Trafficking and Substance Law Analysis

Organic Law Against Trafficking and Consumption of Drugs and Psychotropic Substances (LOCTICSEP)

Enacted on July 17, 1984.

Reforms Timeline

• September 30, 1993
• October 5, 2005 (LOCTISEP)
• October 26, 2005
• November 15, 2005
• December 16, 2005 (In force, GO No. 38,337)

Established Procedures

The law establishes two distinct procedures:

1. In the case of illicit use of narcotic and psychotropic substances.
2. In the case of crimes.

Note: With the entry into force of the CCP on July 1, 1999, the special criminal procedure for crimes established by the Drug Act was repealed (Art. 516 CCP).

Criminal Types

Unlawful Possession (Article 34 LOCTICSEP)

Definition: Whoever illegally possesses narcotic drugs, psychotropic substances, or mixtures/essential chemicals covered by this Act, for purposes other than those provided for in Articles 3, 31, and 32, and the personal consumption laid down in Article 70, shall be punished with imprisonment from one to two years.

Determining Possession Amounts:

• For cocaine and its derivatives, compounds, or mixtures with one or more ingredients: up to two grams.
• For Cannabis sativa cases: up to twenty grams.

The judge will determine the amount constituting a personal dose for an average person, using expert experience as a reference for substances found on the body or under the individual's power or control.

Possession amounts exceeding what might theoretically constitute a personal dose will not be considered for the offense of possession, but rather for forecasting or supply. The degree of purity will not be considered under any circumstances for determining the offense of possession.

Drug Dependent (Article 77)

This refers to the drug consumer-type dependent, marked by a minimum daily consumption dose, usually motivated by the need to relieve stress. Regular consumption escalates into patterns defined as dependency, becoming a daily activity even when the individual remains integrated into the community.

The compulsive consumer is characterized by high levels of frequency and intensity of consumption, leading to physiological or psychological dependency, which minimizes individual and social functioning.

Occasional Users

Recreational/Circumstantial Consumer (Article 78)

The occasional consumer is characterized by experimental, short-term trials motivated by curiosity and low frequency.

The recreational consumer is characterized by a voluntary act that does not tend toward escalation in frequency or intensity. This cannot be considered a dependency.

The circumstantial consumer is characterized by motivation to achieve an anticipated effect to cope with a personal or vocational situation or condition.