NCJ Number
226762
Date Published
2009
Length
32 pages
Annotation
This report examines the background and history behind Portugal’s enactment of a 2001 nationwide law that decriminalized all drugs, presents data pertinent to the law’s effect, and compares Portugal’s experience in addressing its drug problem with nations in the European Union (EU) that continue to criminalize drugs.
Abstract
Under the new legal framework, all drugs are “decriminalized,” not “legalized.” Drug possession for personal use and drug usage itself are still legally prohibited, but violations of these prohibitions are exclusively administrative violations. Drug trafficking, however, continues to be prosecuted as a criminal offense. Portugal is the only EU member state with a law that explicitly declares drugs to be “decriminalized.” In assessing whether the law has made drug use in the country more problematic, this study found that decriminalization has had no adverse effect on drug usage rates in Portugal, which are now among the lowest in the EU in numerous categories. This contrast is particularly dramatic when the comparison is with states having stringent criminalization regimes. Portugal has also experienced a significant decrease in drug-related pathologies, such as sexually transmitted diseases and deaths due to drug use. Drug policy experts have attributed these positive trends to the enhanced ability of the Portuguese Government to offer treatment programs to citizens, due largely to the availability of resources formally committed to the criminalization regime. It is not surprising that support for the decriminalization policy has increased among the populace as it has become evident that the “nightmare” scenarios predicted by opponents of the policy have not occurred. 3 tables, 19 figures, and 87 notes