Should We Completely Decriminalize Drugs, as Portugal Did?

Decriminalization of all drugs in Portugal has had an immense impact on society, health and crime. The European country enacted a full-fledged drug decriminalization program in 2001 as a response to a public health crisis that was spiraling out of control. At that point, Portugal had the highest rate of drug-related HIV/AIDS cases within the European Union, and drug overdose deaths were alarmingly going up. 

The outcome was remarkable once Portuguese authorities decided to stop using law enforcement for personal drug use. Cessation resulted in an increased number of people voluntarily going to treatment, while at the same time the rate of HIV infections, problematic drug use, and overdose deaths plunged. Prison numbers for drug-related offenses also dropped.

What Happened in Portugal during the 1990s? 

Portugal was hit hard in the 1990s by a drug crisis, with an estimation that one in every 100 people became a heroin addict during this dark period. Drugs were so common, including among young people, and drugs use regularly happened also in public spaces. People who injected heroin comprised more than 50 percent of HIV positive cases in the country, and all of this prompted the government to appoint a committee of experts that would address the crisis. 

The committee was made of various experts, health and legal professionals, who eventually concluded that there was no point in continuing criminalization of people who use any drugs. Subsequently, a new policy was created that would assign people to a Dissuasion Commission, consisting of one legal official, a doctor and a social service worker. Working independently from the Criminal Justice system, this commission could rule out if the person is a problematic or non-problematic drug user (with most cases being assigned non-problematic). 

Under the policy, non-problematic users started to receive no sanctions or interventions, apart from a provisional suspension of the proceedings. The matter is completely dropped six months later considered that the person is not found in the possession of drugs again. 

Those who are ruled to use drugs problematically are referred to voluntary treatment. Not opting for treatment would result in administrative sanctions, such as revoking a driving license or community service. 

Serious punishment remains in place in Portugal, but only for serious involvement in drug trafficking, such as affiliation with a criminal network or being responsible for someone’s overdose death. The maximum penalty for heavy involvement in drug trafficking is 25 years in prison.  

Focus on Understanding the Person’s Background 

It is important to note that decriminalization itself did not resolve the public health crisis in Portugal. Getting out of it owed much to the dedicated work of social services, trained and educated for the matter. People coming to drug treatment centers would first and foremost be assessed by social workers about their family, education, economic and social status - second placing the person’s use of drugs and the issues it has created. In other words, Portugal has tried to create a system where there is no space for stigmatizing people who use drugs, but rather taking care of their well-being and treating them rightly. 

Health Effects from Decriminalization 

Such a human-centered approach for problematic drug use has proved rewarding for Portugal. The country no longer topped the international lists with grim drugs statistics. Instead, overall drug consumption went lower compared to the rest of Europe. Except for cannabis and new psychoactive stimulants, the use for all other substances has plummeted below 2001 levels. 

The numbers are speaking for themselves. Here’s what happened in Portugal after decriminalization:

1. Overdose deaths dropped by over 80%. From 369 drug overdose deaths (36.2 per million) recorded in 1999 to 54 (5.2 per million) in 2015. In contrast, the European average is 20.3 deaths per million.
2. Prevalence rate of drug users who account for new HIV/AIDS diagnosed cases fell from 52% to 6%, or from 1,430 out of 2,758 cases in 2000 to 77 out of 1,228 cases in 2015.
3. Inmates jailed for drug offenses declined by 43 percent from 1999 when there were 3,863 incarcerated to 2,208 in 2016. 

These stats are according to the Drug Policy Alliance’s special report on the effects of drug decriminalization in Portugal. In the same report, you can read more in-depth about the Portuguese model and approach. 

Should Everyone Completely Decriminalize Drugs, as in Portugal? 

Every government should welcome and embrace a decriminalization model that does not increase overall drug use while it successfully deals with problematic use. Especially those governments that are faced with grim statistics at home. It is an approach that demands more spending on infrastructure, social services and support, and more human resources in general, but in the long run it can dramatically change the outcomes. 

One of the countries that needs serious change is the United States, where over 100,000 people die of overdose each year, and where drug offenses still account for the incarceration of over 360,000 people, disproportionately affecting people of color. The Portuguese model shows that most of these deaths as well as arrests are preventable. 

The Czech Republic, Spain, and the Netherlands are some of the countries that have already adopted similar drug decriminalization models as seen in Portugal, and authorities there are noting success in lowering national figures on drug abuse, overdose deaths and arrests. 

A better world is possible if we stop stigmatizing people who use drugs and start treating them with dignity and compassion. Essentially, that’s the most important thing we can learn from Portugal’s case and how it has U-turned the country’s direction at the beginning of this century. 

Also read on Soft Secrets:

• UN Report Calls for Major Drug Policy Shift

• Drug Decriminalization Endorsed by Top Pharmacists

• Cannabis Can Help Control Opioid Abuse, Users Say