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A fter massively reforming its drug policy at the turn of the century, Portugal stands as a global leader of evidence-based policy grounded on the principle of harm reduction. The situation seems to be working, with more people in treatment and fewer new cases of HIV. But the key to this policy was not legalisation of drugs. The short answer is no, drugs are not legal in Portugal. The probable reasons for the myth that they are comes down to a misunderstanding of legal principles, especially the difference between legalising and decriminalising and the very innovative way Portugal has changed its drug policy. First, we have to understand what the difference between legalisation and decriminalisation is. These are complex concepts, so bear with us while we meander through the maze of these two legal ideas. Legalisation can take many forms, but in a scenario where drugs are legalised, it would mean the use, possession, manufacture and supply of narcotic substances would not hold any criminal penalty. For example, the state of Colorado is about to legalise cannabis. In this situation, it means cannabis will be able to be used, grown, sold and possessed in an open way. Cannabis will go from being an illicit drug to a licit one like alcohol and tobacco. On the other hand, decriminalisation of drugs usually removes criminal penalties but not necessarily civil penalties for low-level offending such as possession and small-scale social supply. Decriminalising an offence does not mean it is legal. Speeding is a good example of an offence that is usually dealt with by a civil penalty. Portugal has not changed the legal status of any drugs. They all remain illegal, however, the offence for possession has been changed from a criminal to a civil one. Portugal decriminalised use and possession of all drugs in a way that moves the focus from criminal punishment to treatment. Drugs are not freely available, and they cannot legally be sold. If you are caught with a possession quantity of a drug, there are still civil consequences. The Commission is comprised of a social worker, a psychiatrist and an attorney. They assess the person. If the Commission finds the person has an addiction problem, treatment is offered or community service is ordered. It cannot impose compulsory treatment, only offer it. The Commission can also impose other civil sanctions on people caught with drugs. The manufacture, importation and sale of drugs is still very illegal. Even growing your own cannabis is still a criminal matter, as is the possession of cannabis seeds. The paper points out that there have been clear misconceptions about the reform in the media and in pro-decriminalisation and anti-decriminalisation camps. In essence, Portuguese drug policy has shifted the penalty for drug use from a punitive criminal focus to a health, treatment and reintegration focus. The Police and judicial systems are no longer being used to punish people using drugs for a crime. They are being used to help people with a health problem get healthy and stay that way. Our latest report pulls together international evidence and local experiences of how neurodivergence impacts drug use. Researcher Robin Murphy talks us through the latest Auckland University microdosing study. Policy and advocacy Drug law Submissions and reports Drugs in Aotearoa - an overview. For parents and caregivers. Workplaces and venues Bars and hospo Events For employers. Who we are Our mahi Our strategy Contact us Work for us. Here is how the system works. Clear as mud? Share: Topics Drug law Safer use Policy and advocacy.

Mythbusters: Drugs are legal in Portugal

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Connolly, Johnny Reports examine effects of decriminalisation of drugs in Portugal. Drugnet Ireland, Issue 30, Summer , pp. Portugal became the first country in the European Union to decriminalise all drugs, including cocaine and heroin, under a statue passed in Drug trafficking continues to be prosecuted as a criminal offence. The law, according to a report commissioned by the Beckley Foundation,2 'formed part of a strategic approach to drug use which aimed to focus police resources on those people who profit from the drugs trade, while enabling a public health approach to drug users' p. A recent analysis of the legal reforms by the US-based Cato Institute3 has concluded that 'judged by virtually every metric, the Portuguese decriminalization framework has been a resounding success' p. Repository Staff Only: item control page. Skip to main content Link to Health Research Board twitter page, opens in new window Link to Health Research Board r s s feed, opens in new window drugslibrary hrb. Preview Title Contact Preview. Although several EU states have developed either formal or de facto forms of de-penalisation, particularly for personal cannabis use, whereby offenders seldom receive custodial sanctions, no EU state except Portugal has explicitly decriminalised drugs. Under the statute, decriminalisation applies to the consumption, purchase and possession of all drugs for 'one's own consumption', which is defined as a quantity 'not exceeding the quantity required for an average individual consumption during a period of ten days' Article 2. No distinction is made between drug types or between public and private consumption. The statute establishes Commissions for the Dissuasion of Drug Addiction CDTs to adjudicate and impose appropriate sanctions for violations of the new law. The CDTs comprise three members appointed jointly by the ministries of justice and health and the government's co-ordinator of drug policy, whereby one will have legal training and at least one of the other two will have a medical or social services background. In the absence of evidence of addiction or repeated violations, the imposition of a fine is to be suspended. The CDT can also suspend sanctions on condition that the offender attends treatment. The Cato report points out that it is difficult to enforce such conditions in practice 'since violations of a commission's rulings are not, themselves, infractions of any law' p. Where offenders are deemed to be addicted to drugs, the CDT can impose a range of other sanctions, including, as summarised in the Cato report, 'suspension of the right to practise a licensed profession doctor, lawyer, taxi driver ; a ban on visiting high-risk locales nightclubs ; a ban on associating with specified individuals; In determining the appropriate sanction, the CDT must consider factors such as 'the seriousness of the act; the type of drug consumed; whether consumption was public or private; and whether usage is occasional or habitual' p. However, providing drugs to a minor or to a person with mental illness is considered an aggravating factor under the general prohibition of trafficking, which is punishable by imprisonment of between four and 12 years. Police officers who observe drug use or possession are required to issue citations to the offender, but they are not permitted to make an arrest. The citation is sent to the CDT and the administrative process then commences. The Cato report notes that the reaction of police officers to the initiative has been mixed, with some believing that 'the issuance of citations, without arrest or the threat of criminal prosecutions, is worthless' p. The Beckley Foundation report described the nature of the support for the latter view:. The law enforcement sector was seen as supportive of the reform, particularly because they perceived decriminalization and referral to education and treatment as offering a better response to drug users than under the previous legislative approach. Key informants asserted law enforcement have embraced the more preventative role for drug users. Cannabis continues to be the substance for which the greatest percentage of drug offenders are cited. Despite fears expressed by those opposing the reform prior to , decriminalisation has not led to an increase in drug use. On the contrary, lifetime drug prevalence rates have decreased in Portugal since the reform. For the critical age groups of years and years, 'prevalence rates have declined for virtually every substance since decriminalization' p. Furthermore, the author links a fall in the numbers of new cases of drug-related HIV and AIDS, hepatitis B and C infection, and drug-related death to the coming into effect of the law in Although he acknowledges that these trends started prior to and were due in part to education reforms and harm reduction initiatives introduced in Portugal, he suggests that the removal of the fear and stigma of arrest and prosecution incentivised drug users to avail of these new treatment and education initiatives. The analysis by the Beckley Foundation sounds a more cautious note, which probably accurately reflects the current debate about decriminalisation in Portugal:. Decriminalization has enabled earlier intervention and more targeted and therapeutic responses to drug users, increased collaboration across a network of services and increased attention to adopting policies that work. Yet, key informants also highlighted that impacts were less than expected and that there were concerns over the message that decriminalization was sending to new drug users. Briefing paper Oxford: The Beckley Foundation. Available at www. Greenwald G Drug decriminalization in Portugal: lessons for creating fair and successful drug policies. Washington DC: Cato Institute. Item Type. Publication Type. International, Open Access, Article. Drug Type. Issue Title. Issue 30, Summer Page Range. Health Research Board. Accession Number. HRB Available.

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