Portugal: A Successful Decriminalisation Model
Drug policy is one of the most debated topics
Drug policy is one of the most hotly debated topics internationally. For decades, the dominant approach has been prohibitionism, focused on criminalizing drug use and trafficking. However, more and more countries and organizations are promoting profound reform, oriented toward a public health and human rights approach.
Why should we reform drug policy?
Organisations like Amnesty International propose a paradigm shift: abandoning the war on drugs and moving toward policies that protect people's lives, health, and dignity. The organisation supports the decriminalization of drug use, possession, cultivation, and purchase for personal use, and the creation of safe legal regulations for authorized access to these substances.
The objective is clear: to reduce the harm associated with drug use and end human rights violations resulting from repressive policies, such as arbitrary arrests, police violence, discrimination, and mass incarceration for minor drug offences.
Portugal: A Successful Decriminalisation Model
One of the most cited examples in the debate on drug policy reform is Portugal, which in 2001 implemented a pioneering strategy: the decriminalization of all drug use. This does not mean legalization; rather, use and possession for personal use are no longer treated as criminal offences and are now considered administrative infractions.
People caught with small amounts of drugs are not imprisoned or given a criminal record but are referred to Deterrence Commissions, composed of legal, psychological, and health professionals. These commissions assess each case and may recommend treatment, counseling, or take no action if problematic use is not present.
The results speak for themselves: since implementing the model, Portugal has significantly reduced overdose mortality rates, HIV infections among injecting drug users, and the number of people incarcerated for drug-related offences.
In 2023, the Portuguese Parliament went a step further and also decriminalized the use of synthetic drugs, adapting its legislation to changes in the drug market.
The Spanish Case: Progress and Challenges
In Spain, the law distinguishes between drug use and trafficking. Use in public places is punishable by administrative fines, but it is not a criminal offence. Use in private spaces is also not criminalized. However, drug possession can be considered trafficking if it exceeds certain amounts, creating legal uncertainty for users.
Groups such as Energy Control and risk reduction experts are calling for a clearer, more humane, and evidence-based drug policy. Legal reform that differentiates between users and dealers and that incorporates care, prevention, and harm reduction programs as a central part of its strategy.
International evidence shows that repressive policies have failed to reduce drug use and have had serious negative consequences. However, models like the Portuguese one show that it is possible to address substance use from a public health perspective, reducing harm and improving the lives of thousands of people.
Reforming drug policy is urgently needed if we want to move toward more just, safe, and humane societies. The key is to stop punishing and start caring.
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Liz Filmer
