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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.

Evaluating Drug Decriminalization in Portugal 12 Years Later

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Arriving in his small office in Lisbon, the year-old tosses his jacket aside, leaving his shirt collar crooked. He looks a little tired from the many trips he's taken lately -- the world wants to know exactly how the experiment in Portugal is going. He adds his latest piece of mail to the mountain of papers on his desk. One gram of heroin, two grams of cocaine, 25 grams of marijuana leaves or five grams of hashish: These are the drug quantities one can legally purchase and possess in Portugal, carrying them through the streets of Lisbon in a pants pocket, say, without fear of repercussion. MDMA -- the active ingredient in ecstasy -- and amphetamines -- including speed and meth -- can also be possessed in amounts up to one gram. That's roughly enough of each of these drugs to last 10 days. Portugal paved a new path when it decided to decriminalize drugs of all kinds. As part of its war on drugs, Portugal has stopped prosecuting users. Now the head of Portugal's national anti-drug program and an important figure in Portuguese health policy, he still talks like an easygoing family doctor. The question at stake: How can a government keep its citizens from taking dangerous drugs? One way is to crack down on those who provide the drugs -- the cartels, the middle men and the street dealers. Another approach is to focus on the customers -- arresting them, trying them and imprisoning them. Legal prosecution -- as both a control mechanism and a deterrent -- is the chosen approach for most governments. Pinto Coelho wants his country to return to normalcy, in the form of the tough war on drugs that much of the rest of the world conducts. Pinto Coelho is a doctor too. He has run rehab centers and written books about addiction. Now he's at odds with former colleagues and with 'the system,' as he says. His greatest concern is that his country has given up on the idea of a drug-free world. How, Pinto Coelho asks, is it possible to keep young people away from drugs, when everyone knows exactly how many pills can legally be carried around? He still believes deterrents are the best form of prevention and that cold turkey withdrawal is the best treatment method. He is also fighting the extensive methadone program Portugal began as part of its drug policy reform, which now provides tens of thousands of heroin addicts with this substitute drug. These days, Pinto Coelho earns his living running diet clinics, but he spends his evenings writing letters and drafting presentations on his country's 'absurd drug experiment. At home in Portugal, his critical perspective has made him an outsider, but he says he's been well received abroad. As if offering proof, he shows a fact sheet issued by the United States Office of National Drug Control Policy, a brief and skeptically worded report on the Portuguese experiment. In , Portugal broke free from nearly 50 years of military dictatorship, a political shift symbolized by the carnations soldiers stuck in the muzzles of their rifles. He was in his early twenties and 'drugs promised us freedom. But it was a freedom that soon overwhelmed the country. In the s, cheap heroin from Afghanistan and Pakistan began flooding Europe. The number of people taking illegal drugs in Portugal was low compared with other countries, but of those who did consume drugs, an unusually high number of them fell into the category that specialists in this field refer to as 'problem drug users. Flipping through it, he finds the figure he's looking for: , This is the number of severely drug-addicted people in Portugal at the height of the epidemic, in the mids. Portugal's total population at the time was just under 10 million. The number of drug addicts who became infected with HIV was also considerably higher than in most other countries. A drug slum formed in Lisbon, at the edge of a neighborhood known as Casal Ventoso. Here junkies slept in shacks or in the garbage, in extremely poor conditions. Anyone in Portugal could observe this phenomenon -- on TV, in newspaper pictures or even from the nearby highway. Most of the members of the commission were not politicians. Not everyone agrees -- Pinto Coelho, for example. But the anti-drug commission quickly agreed on this position, which formed the basis for Portugal's experiment in dealing with drug users without dealing in deterrents. More surprising is that a Lisbon police commissioner, whose officers spend their days searching for drugs, says it too. The logical extension of this statement is that people who are not criminals should not be treated as criminals. They should not be arrested, put on trial or thrown in jail. The punishment for drug possession in Portugal prior to decriminalization was up to a year in prison. Hashish, cocaine, ecstasy -- Portuguese police still seize and destroy all these substances. Before doing so, though, they first weigh the drugs and consult the official table with the list of day limits. Anyone possessing drugs in excess of these amounts is treated as a dealer and charged in court. Anyone with less than the limit is told to report to a body known as a 'warning commission on drug addiction' within the next 72 hours. In Lisbon, for example, the local drug addiction commission is housed on the first floor of an unremarkable office building. The idea is that no one should feel uncomfortable about being seen here. A year-old in a white polo shirt waits in one room. Police caught him over the weekend with about a gram of hashish. A social worker has already questioned him for half an hour and learned that he attended vocational training at an agricultural school, lives with his parents and smokes pot now and then. This was the first time he was caught in possession of drugs. Next, a psychologist and a lawyer speak to the young man. They want to know if he's aware of the dangers of cannabis. As long as he isn't caught again within the next three months, his case will be closed. But later, asked to explain these consequences in more detail, nothing comes to her mind that sounds particularly serious. A couple days of community service, perhaps. The commission can also impose fines, but the lawyer says it doesn't like to do so for teenagers. The fines are likewise not intended for people the commission determines to be addicts -- they're already paying to maintain their habit. Lisbon police send around 1, people to the commission each year, which averages out to less than five a day. Seventy percent of these cases concern marijuana. Those who fail to turn up receive a couple of reminders, but coercion is not an intended part of this system. Warnings, reminders and invitations to rehab -- it seems Portugal's war on drugs is a gentle one. It is based on decriminalization, which should not be confused with legalization. Portugal considered that path too, but ultimately decided not to take things quite that far. Our entire country will become a drug-ridden slum, these parties said. The left-wing parties in parliament held a majority, though. The data show, among other things, that the number of adults in Portugal who have at some point taken illegal drugs is rising. At the same time, though, the number of teenagers who have at some point taken illegal drugs is falling. The number of drug addicts who have undergone rehab has also increased dramatically, while the number of drug addicts who have become infected with HIV has fallen significantly. What, though, do these numbers mean? With what exactly can they be compared? There isn't a great deal of data from before the experiment began. And, for example, the number of adults who have tried illegal drugs at some point in their lives is increasing in most other countries throughout Europe as well. Still, taking stock after nearly 12 years, his conclusion is, 'Decriminalization hasn't made the problem worse. Decriminalization is pointless, he says, without being accompanied by prevention programs, drug clinics and social work conducted directly on the streets. Frank Zobel works here, analyzing various approaches to combating drugs, and he says he can observe 'the greatest innovation in this field' right outside his office door. No drug policy, Zobel says, can genuinely prevent people from taking drugs -- at least, he is not familiar with any model that works this way. As for Portugal, Zobel says, 'This is working. Drug consumption has not increased severely. There is no mass chaos. For me as an evaluator, that's a very good outcome. Zum Inhalt springen. News Ticker Magazin Audio Account. Warum ist das wichtig? Much the Same as a Parking Violation As part of its war on drugs, Portugal has stopped prosecuting users. Why set the limits on these drugs at 10 days' worth of use, though? At that point, he says, the heroin epidemic was just beginning. The Second Time Brings Consequences In Lisbon, for example, the local drug addiction commission is housed on the first floor of an unremarkable office building. Decriminalization, Not Legalization Warnings, reminders and invitations to rehab -- it seems Portugal's war on drugs is a gentle one. Translated from the German by Ella Ornstein. Portugal Drugs. Die Wiedergabe wurde unterbrochen. Audio Player minimieren. Helfen Sie uns, besser zu werden. Haben Sie einen Fehler im Text gefunden, auf den Sie uns hinweisen wollen? Oder gibt es ein technisches Problem? Melden Sie sich gern mit Ihrem Anliegen. Redaktionellen Fehler melden Technisches Problem melden. Sie haben weiteres inhaltliches Feedback oder eine Frage an uns? Zum Kontaktformular. 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