In 2001, the Portuguese Parliament enacted Law No. 30 of November 29, 2000, which decriminalised drugs. The progressive reforms decriminalised the acquisition, possession and personal use of small quantities of all psychoactive drugs. The legislation defined a small quantity to be less than a 10-day supply for personal use. Importantly, distribution and supply of drugs remains illegal in Portugal. However, individuals found with small quantities of psychoactive substances are not criminally liable for their actions or subject to incarceration.
Under s1 of Law No. 30, individuals brought before the Commission can be given community service, a citation, fine, or be subjected to sanctions based on the nature and circumstances of the drug use and the personal situation of the offender. Individuals can also be referred to rehabilitative services in the public or private sector. This is a voluntary process where the individual must choose to accept assistance in order to avoid non-pecuniary penalties.
Overall the decriminalisation of drugs in Portugal has proven to be a success. Since the implementation of the legislation in 2001, the economic, social and health consequences related to criminalised drug-use considerably improved. The reforms were attributed to the nationwide reduction in drug consumption and drug addictions.
From a health perspective, the number of people with HIV diagnosis attributed to injecting has considerably decreased. The Portugal Drug Report 2018 also found Portugal had one of the lowest drug consumption rates in the European Union. The decriminalisation of possession for small quantities of drugs has also allowed law enforcement agencies to focus on combating more important issues, such as tracking large-scale drug trafficking operations by organised crime groups. The policy has also helped unburden the Portuguese criminal justice system of the cost of low-level drug offenders.
Justice Action has recommended a similar model to Portugal’s Drug Policy be adopted into Australian legislation to combat Australia’s high overdose rate or to address the impact drug criminalisation has had on the Australian prison system. This was recommended within Justice Action’s submission to the Special Commission of Inquiry into the Drug “Ice” in 2019.
Hannah Laqueur (2014), ‘Uses and Abuses of Drug Decriminalisation in Portugal,’ Law and Social Inquiry, vol. 2, no. 2, p. 1. https://www.law.berkeley.edu/files/Laqueur_%282014%29_-_Uses_and_Abuses_of_Drug_Decriminalization_in_Portugal_-_LSI.pdf