Decriminalization of Drug Use in Portugal: The Development of a Policy

PORTUGAL began a remarkable experiment on 1 July 2001. It decriminalized all drugs, including heroin and cocaine, as well as marijuana. By decriminalization, we mean that use and possession for use are subject to administrative sanctions instead of criminal proceedings; in keeping with international treaties and the practice in other countries, Portugal is not prepared to legalize drugs. The decriminalization policy is the flagship of a revolutionary change in Portuguese drug policy, one of a number of harm reduction measures. This revolutionary step began with the formation of an elite expert commission to consider what was widely regarded as an increasing drug use problem. The Commission for a National Drug Strategy (CNDS) produced a report (Comissao para a Estrategia Nacional de Combate a Droga 1998) recommending a major shift in Portuguese drug policy in the direction of harm reduction, including decriminalization. This shift was the logical development of an explicit set of basic principles for policy developed by the commission and did not consider the experiences of Spain or other countries (members of the CNDS, personal communications, March 1998 through November 2001). To the surprise of some of the members of the CNDS, the Council of Ministers approved the report almost in its entirety (Government of Portugal 1999) and produced a national drug strategy consistent with that report (Government of Portugal 2000). The Assembleia da Republica (parliament) and Council of Ministers, with the approval of the president of the republic, passed specific implementation legislation, of which the ...