Decriminalization Success in Portugal

It has been 10 years since Portugal decriminalized the use and possession of heroin, cocaine, marijuana, LSD and other drugs and focused on treatment instead.  Five years ago the results of Portugal's efforts were already very positive, with significantly lower rates of drug overdose and HIV.  

In a report last week Portugal's health experts state that the efforts in decriminalization continue to be a success.  Drug addiction has fallen by half of what it was in the 1990's and Portugal has a lower rate of drug use than the European average and much lower than Spain.  

Portugal did not legalize drugs, but rather decriminalized.  Possession and usage is still legally prohibited, but violations are civil in nature and not criminal offenses.  Drug trafficking, manufacture and distribution are still treated as crimes.  

Portugal currently treats 40,000 people for drug addiction.  Persons who are found in possession of drugs are not arrested or charged with a crime but referred to a "dissuasion panel" made up of three people, including a psychologist, judge or lawyer and social worker.  This panel decides whether the person should go into treatment, pay a small fine, or have no sanction imposed.  

Portugal does not provide any data for the number of people who are fined or give no sanction, nor does the article state what circumstances would support those outcomes.  

Portugal has to be the model for sane drug policy in the future for the US.  Most states make possession of drugs a felony conviction, which can have long term effects on a person's ability to find a job.  Felons also lose their right to vote or to possess a firearm. Portugal has shown that treating drug users as second class citizens is not necessary to lower drug addiction and use.  

Opponents of the law in Portugal warned that it would cause a huge increase in drug use and make Portugal a haven for drug tourism - neither of which came to be. 

After 40 years of failed drug war the truth is pretty clear.  Any country that really wants to reduce drug use should only look to decriminalization and focus on treatment instead of incarceration.  

4026-B Plank Road, Fredericksburg, VA 22407 | 540-786-7700 | FAX 540-786-7702 | LawOfficeOfJosephTBrownPLC@gmail.com | Copyright 2011