The Portuguese case

Drug policy is on a crossroad. Despite the increasing resources involved, more and more people - in particular young people - experiment with the use of drugs. In Portugal, the figures show an increase of cannabis and ecstasy use, but also an increasing abuse of alcohol. Something has to change both at the international (particularly at the United Nations Conventions level), European Union and national levels. Europe has been evolving over the last few years towards a multidisciplinary approach. We know we must combat drug smugglers and drug providers, but we know also that we should reinforce prevention.

Also, an increasing number of people recognize that drug users are not really criminals. The best choice is not to send them to prison but to provide them good treatment facilities and incentives and social reintegration. And both for the sake of drug users and the community in general we need to build a very consistent network of risk reduction policies.

In 1999 and 2000, after a careful study of the system of criminalisation of consumption, we found that the ability of the criminal system to attain its objectives was small. It was not possible to prove that the application of criminal penalties did deter people from consuming drugs. Criminalisation and its consequences led to the exclusion of consumers, particularly those with serious health problems. The police, forced to divide their efforts between the pursuit of traffickers and the pursuit of consumers, did not believe in the law. The courts were obliged to waste resources in the trials of thousands of cases of drug consumption, knowing beforehand that the convicted consumers would continue to consume, maybe even in prison itself.

In 1999 Portugal approved its strategy and in 2000 we began its implementation after cautious preparations. The keystone, the de-criminalization of drug use was a daring and risky move four years ago. In 2000 the Portuguese Government decided to begin a new experiment in the field of punishment for the consumption of illegal narcotics. At that time a law was passed - and came into force in June 2001 - which decriminalised the consumption of drugs of all kinds. We did not liberalise or legalise consumption and trafficking was still a criminal offence. In this manner we created a kind of third way : we do not liberalise or authorize consumption but neither do we apply criminal punishment.

In Portugal we wanted to take the idea that the consumer is ill (if he or she is an addict) – or is on the way to being so – to its logical conclusions. For this reason, the first option of the authorities when consumers are found is to deal with them as needing help from a doctor, a social worker, a psychologist.

Consequently, the consumer is not taken to a court to be judged but to one of 22 committees set up throughout the country and composed of doctors, psychologists, lawyers and other professionals who understand the case and will define a solution for him or her, in the form of a proposal for help. If this help is accepted and made use of by the consumer, there is no punishment.

Punishment can only be applied if all offers of help to the consumer fail and he or she thus persists in consuming.

The new legal regime has not given rise to any increase in consumers. On the other hand it has been possible to lead many people to treatment. The courts have been freed from consumption cases. Consumers no longer see consumption convictions inserted in their criminal records, which was always a sure sign that they would have problems getting a job and further problems of social exclusion. The experience appears to have been positive. For this reason, the present Government of Portugal, comprising a coalition of parties who had fought decriminalisation (one of them with considerable ferocity), decided, despite their past positions, to carry on the experiment. This is praiseworthy.