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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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At a portable cabin in Porto, addicts queue up to use heroin and crack cocaine in safety, with medical staff on hand. P aulo picks up a lighter from the table in front of him, holds it beneath the foil-encased bowl of his thin metal pipe for a few seconds, and then inhales. For a brief moment, he falls silent, head slumped forward. The government-funded service also provides them with clean needles, strips of aluminium foil, and other materials to facilitate their drug-taking and prevent infections. The overarching ethos of the centre revolves around harm prevention. A list of rules by the entrance contains no strict injunctions; it simply invites users to be courteous and preferably not leave litter on the floor. The scene is far from salubrious. Set beside the road on a patch of scrub, the temporary facility faces out to featureless blocks of social housing. Yet the centre offers a rare ray of hope in the scourge of drug addiction, locally and perhaps globally. First, its target users are alive and, if not exactly well, then at least using safely. Three decades ago, it was a different story. Heroin addiction in Portugal affected an estimated one in every adults , and death by overdose or drug-related disease was commonplace. Again, rewind a few decades and the situation looked very different. At the end of the s, the number of people behind bars for drug-related offences stood at 3, In , that figure had dropped by more than two-thirds. Both facts link back to a radical piece of legislation passed by the Portuguese government in At the time, the Portuguese public was overwhelmingly in favour of the measure; foreign legislators and drug enforcement agencies predicted it would unleash a tide of fresh drug use and criminality. The trafficking of drugs remains a criminal offence in Portugal. Police resources are directed to stamping out the supply of drugs, while public health services are committed to providing addicts with therapeutic care. The theory is relatively simple: better that drug users have a place within the health system, rather than being shunted to the margins and left to their fate, as they were before. To that end, the centre has two nurses permanently in attendance: one for those who prefer to smoke their drugs; the other for those who choose to inject them. A psychosocial specialist is also on hand to welcome users as they arrive and provide a listening ear. Two sparsely furnished rooms at one end of the cabin are set aside for consuming drugs, which the users procure by their own means. Both rooms have space for half-a-dozen or so people, with half-hour slots designated on a first-come, first-served basis. Opening hours run from 10am to 7pm, bar an hour over lunch when the doors close. Some users come and then leave, but, with average use rates at eight hits a day, many mill around until the next slot becomes available. The facility has a small toilet and a basic shower room where people can get a wash as they wait. In a spartan kitchen, plastic thimbles of strong black coffee are available, as are donated pastries and other sweet snacks, while stocks last. At the other end of the cabin is a consulting room where visiting doctors from two local hospitals offer checkups twice a week. In addition to basic health appraisals, the medics conduct blood tests for infectious diseases such as HIV and hepatitis C. Only two overdoses have occurred, both of which were treated successfully on the spot. Castro also points to the 1, or so screenings undertaken, and the 89 individuals now receiving treatment for hepatitis C as a consequence. About 10 people have also entered detox programmes of their own volition. Drug-taking is not without its sanctions. These clinics house psychotherapists, psychiatrists, social workers, pharmacologists and primary healthcare specialists, explains Dr Severiano Pinto, a psychologist at one of three such facilities in the Porto district. A long-term sex worker, the year-old Porto resident got hooked on heroin through a boyfriend who later died of an overdose. When she was referred to a clinic 23 years ago, she weighed less than 40kg 6st 4lb. After being prescribed methadone, she quit injecting heroin and shifted to smoking crack cocaine in lower doses. Six months ago, she was diagnosed with ovarian cancer, which prompted her to go clean entirely. Despite breaking her crack habit, Ana Paula continues with a 5ml prescription of methadone. In extreme cases, hospitalisation is also an option. Specialist units exist within the Portuguese public health system for addicts who are pregnant, suffering from some form of psychosis, or are otherwise judged to be at dangerous risk to themselves or others. Likewise, had Ana Paula decided to go cold turkey, there are government-run centres where addicts are supported to abstain from their habit. Most programmes run for a week to 10 days. Many credit decriminalisation with introducing a more liberal attitude towards drug-taking in Portugal. Shops selling cannabis CBD products are now commonplace in large cities, such as Lisbon and Porto, although THC — the psychoactive ingredient of cannabis — remains illegal for retail. Similarly, the use of psychedelics such as LSD, ecstasy and ketamine is now largely normalised in recreational settings such as bars and nightclubs. The health authorities even set up pill-testing facilities at major festivals and music gigs to guard against bad batches. Although drug use by the general population has crept up since , from 7. Portugal now ranks near the bottom for cocaine and cannabis use in the EU. The real test is among problematic users. Here, the picture is less conclusive. After falling dramatically at first, for instance, drug-induced deaths have begun to climb back up. Even so, the numbers remain small. In , Portugal registered 74 deaths from overdoses compared with 37 in On the flipside, drug users complain that low thresholds for illegal possession make it easy for them to be criminalised. Users are permitted to possess enough for 10 days — which the government sets at 1g for heroin and 2g for cocaine. In , Portuguese courts issued 1, such guilty verdicts , marking a steady increase in criminalisation over the past decade, according to the drug support agency Sicad. These mixed results give ammunition to both sides of the decriminalisation issue, which remains hotly debated around the world. To date, more than 20 countries have removed some if not all drugs from their list of banned substances. In few countries is the debate more polarised than in the US, where drug overdoses have cost more than 1 million lives since Recent years have seen some tentative attempts at liberalisation. Following an alleged surge in fentanyl use and a spike in opioid-related deaths, however, a new legislative committee on addiction recently proposed reversing the policy. Even in Portugal, the debate over decriminalisation continues. Supporters of the policy fear that opposition parties could seek to politicise the issue ahead of national elections in March. We need a war. To treat drug addiction as a therapeutic problem is both time-consuming and resource-intensive. But as problematic drug use reduces, he notes, so too does government prioritisation. With the drugs crisis of the s now a distant memory, he observes social prejudices towards drug users resurfacing. This article was amended on 26 January and 2 February The original stated that shops selling marijuana are now commonplace in Portugal; in fact only CBD cannabis products are legal for retail. And an incorrect reference that marijuana was legalised for sale in has been removed. This article is more than 7 months old. View image in fullscreen. Reuse this content. Most viewed.

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