(Portugal - drug decriminalization) "Portugal decriminalized drug use for personal consumption in 2001. The law makes the "consumption, acquisition, and possession of drugs for personal use" a simple administrative offense. The decriminalization effort is widely viewed as a success. Drug use among 13- to 18-year-olds declined significantly after the new law took effect, according to the most recent national statistics (released in 2007). However, drug use did increase somewhat among older Portuguese citizens. Statistics also showed a decrease in health problems, including HIV infection, related to illicit drugs."

Portugal - Data

(2007 - Portugal - lifetime adult drug use) "Results show that 12 % of respondents aged 15 to 64 had used an illegal drug at least once in their lives (lifetime prevalence). The most reported substance in this context was cannabis (11.7 % lifetime prevalence). Lifetime prevalence was less than 1 % for amphetamines, LSD and hallucinogenic mushrooms; for cocaine (1.9 %), heroin (1.1 %) and ecstasy (1.3 %)."

(2007 - Portugal - drug treatment) "In 2007, 34 266 clients were in treatment, and of those 5 124 (14.96 %) requested treatment for the first time. The total number of active clients increased 6 % in comparison to previous years (32 460 in 2006, 31 822 in 2005, 30 266 in 2004) and passed the maximum value of 2001 (32 064)."

(2007 - Portugal - HIV and hepatitis infections) "In 2007, rates of HIV infections ranged from 9.1 % to 19.9 % among voluntarily-tested drug users treated for the first time at public outpatient units (36 % of them submitted tests), public or certified private detoxification units (83 % submitted tests), and public or certified private therapeutic communities (93 % submitted tests). For the same sub-groups, in 2007, rates for acute hepatitis B infections ranged between 3 % and 10 % (with 27 %, 82 % and 94 % of the respective total clients being tested) and for hepatitis C between 39 % and 52 % (with 28 %, 84 % and 92 % of the respective totals being tested)."

(2007 - Portugal - drug-related deaths) "In 2007, 314 direct drug-related deaths were reported by the Special Register, defined as an individual whose post-mortem toxicological analyses is positive for any illicit drug of abuse."

(2007 - Portugal - drug-related offenses) "In 2007, a total of 11 273 drug-related offences were reported, with 55.4 % for cannabis-related offences, 14.9 % for heroin-related offences, and 9.3 % for cocaine offences."

(2001 - Portugal - lifetime adult drug use) "... 7.8 % of respondents aged 15 to 64 had used an illegal drug at least once in their lives (lifetime prevalence). The most-reported substance in this context was cannabis (7.6 % lifetime prevalence). The use of other illegal substances was less frequently reported. Lifetime prevalence was less than 1 % for cocaine, heroin, ecstasy, amphetamines and LSD."

(2000 - Portugal - lifetime use of 'hard' drugs) "The size of the population of long-term and/or regular users of opiates, cocaine and/or amphetamines was estimated to be between 4.3 and 5.0 per 1 000 inhabitants aged 15–64 (30 833 to 35 576 individuals)."

(2006 - Portugal - decrease in drug deaths after decriminalization) "In absolute numbers, drug-related deaths from 2002 to 2006 for every prohibited substance have either declined significantly or remained constant compared with 2001. In 2000, for instance, the number of deaths from opiates (including heroin) was 281. That number has decreased steadily since decriminalization, to 133 in 2006 (see Figure 11).⁵⁶

"As is true for drug usage rates, these postdecriminalization decreases were preceded by significant increases in drug-related problems in Portugal throughout the 1990s. Throughout the predecriminalization 1990s, the number of acute drug-related deaths increased every year, increasing more than tenfold from 1989 to 1999, reaching a total of almost 400 by 1999 (see Figures 12 and 13).⁵⁷

"The total number of drug-related deaths has actually decreased from the predecriminalization year of 1999 (when it totaled close to 400) to 2006 (when the total was 290)."

(2005 - Portugal - lifetime prevalence of cannabis use) "For the period 2001–2005, Portugal—for the 15–64 age group—has the absolute lowest lifetime prevalence rate for cannabis, the most used drug in the EU. Indeed, the majority of EU states have rates that are double and triple the rate for postdecriminalization Portugal (see Figures 15 and 16).⁶⁸

"Similarly, for usage rates of cocaine (the second-most commonly used drug in Europe) for the same period and the same age group, only five countries had a lower prevalence rate than the Portuguese rate. Most EU states have double, triple, quadruple, or even higher rates than Portugal’s, including some with the harshest criminalization schemes in the EU."

(2005 - Portugal - drug sanctions) "In 2005, there were 3,192 [Dissuasion] commission rulings. Of those, 83 percent suspended the proceeding; 15 percent imposed actual sanctions; and 2.5 percent resulted in absolution.⁸ That distribution has remained constant since the law’s enactment.⁹ Of the cases where sanctions were imposed, the overwhelming majority merely required the offenders to report periodically to designated locales.¹⁰

"Cannabis continues to be the substance for which the greatest percentage of drug offenders are cited. The percentages for the other substances remain roughly the same (see Figure 2).¹¹"

(1998 - Portugal - lifetime prevalence of cannabis and tranquilizer use) "In secondary school, tranquillisers and cannabis have similar lifetime use prevalence (around 15% and 19%, respectively) with no (significant statistic) variation between 1992 and 1998. Concerning stimulant use prevalence, they also remained constant at 6% during the same period.

"In the final basic level, tranquillisers presented the higher lifetime use percentages (around 10%), whereas the percentage of students who had already used cannabis or stimulants was close to 4%.

"In the night classes, in 1998, the higher use prevalence went to tranquillisers (26%) followed by cannabis (20%) and stimulants (8%)....

"Concerning recent use, it is possible to verify that the respective use prevalence show rather lower values and that they remained stable between 1992 and 1998. Thus, in the last 30 days before the survey - Chart 2.1 - in secondary school, 6% were cannabis users, 5% were tranquillisers users and 1% were stimulant users. In the final basic level 2% were cannabis and tranquillisers users and 1% were stimulants users. In night classes, in 1998, those values were of 7% and 1%, respectively."

(1998 - Portugal - prevalence of alcohol and tobacco use) "Between 1992 and 1998, lifetime use prevalence of tobacco, beer and wine - the most widely used substances - decreased. In the secondary level less than 8% of students experienced tobacco and beer, and less than 5% experienced wine, and in the final basic level, this decrease was even higher reaching 11% for tobacco, 13.5% for beer and 7% for wine.

"However, in the secondary level, the higher use prevalence refers to spirits/distilled drinks: 785 of the students had already used them and 74% had used beer. Thus, in 1998, around 3/4 of the secondary classes' students had already used drinks with a very high alcohol level (gin, vodka, whisky, etc.). In the final basic level those values indicate that 44% of the students had already tried beer and 40% had already used distilled drinks (therefore, a little less than half the students."

Portugal - Law and Policy

(Portugal - drug law) "Pursuant to the 2001 law, each of the 18 administrative districts in Portugal established at least one Dissuasion Commission to oversee the administrative process for those cited for drug usage or possession (large districts, such as the one encompassing Lisbon, have more than one). As provided for by Article 7 of the decriminalization law, each commission consists of three members—one who is appointed by the Ministry of Justice and the other two members appointed jointly by the Minister of Health and the government’s coordinator of drug policy. The member appointed by the Ministry of Justice will have a legal background, while at least one of the other two members (usually both) will have a medical or social services background (physician, psychologist, social worker).

"Even in the decriminalization framework, police officers who observe drug use or possession are required to issue citations to the offender, but they are not permitted to make an arrest. The citation is sent to the commission, and the administrative process will then commence. The cited offender appears before the commission within 72 hours of the citation’s issuance. If the commission finds compelling evidence of drug trafficking, it will refer the case to criminal court."

"Portuguese and European officials familiar with the Dissuasion Commission process emphasize that the overriding goal of that process is to avoid the stigma that arises from criminal proceedings. Each step of the process is structured so as to de-emphasize or even eliminate any notion of “guilt” from drug usage and instead to emphasize the health and treatment aspects of the process."

(Portugal - drug control strategies) "From the issues concerning the legal framework, the decriminalisation of drug use stands out as the core axis of the new strategy, expressed in line with the rationality defined by the Legislator. However, this decriminalisation cannot be considered in an atomic way but rather inserted in a more wider context which aims at health promotion, risk reduction and rehabilitation of drug abusers. It seeks to avoid the stigmatisation of drug users, which will always result from the contact between them and the criminal justice system. This is not a decriminalisation by omission but rather a constructive decriminalisation project from which a new policy dynamics based on drug use will emerge.

"The National Strategy points the way to maintaining the disapproval of drug use, as the offence leaves the criminal sphere to enter the administrative one. In practical terms, possessing or using drugs will not lead the individuals to the criminal territories, as the social criticism will be circumscribed to the imposition of administrative sanctions."

(Portugal - decrease in drug use after decriminalization) "None of the fears promulgated by opponents of Portuguese decriminalization has come to fruition, whereas many of the benefits predicted by drug policymakers from instituting a decriminalization regime have been realized. While drug addiction, usage, and associated pathologies continue to skyrocket in many EU states, those problems—in virtually every relevant category—have been either contained or measurably improved within Portugal since 2001. In certain key demographic segments, drug usage has decreased in absolute terms in the decriminalization framework, even as usage across the EU continues to increase, including in those states that continue to take the hardest line in criminalizing drug possession and usage."

(Portugal - decriminalization law) "In Portugal the law no. 30/2000, of 29 November 2000, introduced the decriminalisation of possession and use of all drugs, effective from 1 July 2001. The previous system considered use and possession as a criminal offence, sanctioned by penal measures. Now, if an individual is caught in possession of a modest quantity of drugs (below ten daily doses), and police have no further suspicions or evidence that more serious offences such as sale or traffic are involved, the drug will be seized and the case transmitted to a local Commission composed of 3 members (a lawyer, and two from a range of doctors, social assistants, and psychologists), supported by a technical team. The Commission meets the person in order to evaluate his/her situation and with the aim of eventually diverting the person from prosecution or sending them to treatment; sanctioning with fines, even if possible, is not the main objective in this phase. The procedures will be suspended following the first appearance in front of the Commission, provided the use is occasional or regular, but not habitual (addicted)."

(Portugal - decriminalization law) "In Portugal no penal sanctions will be applied to repress the private use of illicit substances after 1 July 2001 (law 30/2000 adopted in November 2000). The drug-use offender will instead be oriented to treatment or counseling by specific commissions."

(Portugal - decriminalization law) "The main drug law in Portugal is Decree Law 15/93 of 22 of January, which defines the legal regime applicable to trafficking and consumption of narcotic drugs and psychoactive substances. The legal framework in place since July 2001 (Law n. 30/2000, of the 29 of November), decriminalised illicit drug use and related acts, but maintains drug use as an illicit behaviour and also maintains the illegal status for all drugs included in the relevant United Nations Conventions. However, a person caught in possession of a small quantity of drugs for personal use (established by law, this shall not exceed the quantity required for an average individual consumption during a period of 10 days), without any suspicion of being involved in drug trafficking, will be evaluated by a local Commission for Dissuasion of Drug Addiction, composed of a lawyer, a doctor and a social worker. Sanctions can be applied, but the main objective is to explore the need for treatment and to promote healthy recovery.

Drug trafficking may be sentenced to one to 12 years imprisonment, depending on different criteria, one of them being the nature of the substance supplied. For users who sell drugs to finance their own consumption, the penalty is reduced."

(policy - syringe exchange) "The National Commission for the Fight Against AIDS (Comissao Nacional de Luta Contra a SIDA), in cooperation with the National Association of Pharmacies (Associacao Nacional de Farmacias), implements the national syringe exchange programme 'Say no to a second hand syringe' which was set up in October 1993 to prevent HIV spread amongst IV drug users. It currently involves approximately 2,175 pharmacies nation-wide and 3 mobile centres: 1 at Casal Ventoso, 1 in Curraleira (another problematic neighbourhood in Lisbon) and 1 in the Algarve.... The programme is also being enlarged through protocols with several organisations which will also ensure clinical care and support, HIV and other infectious diseases detection, meals, psycho-social support, legal support and referral to other health care services. Those new partners include drop in centres for prostitutes and for the homeless and other low threshold programmes."

(Portugal and decriminalization) "In the Portuguese case, the statistical indicators and key informant interviews that we have reviewed suggest that since decriminalization in July 2001, the following changes have occurred:

"• small increases in reported illicit drug use amongst adults;
"• reduced illicit drug use among problematic drug users and adolescents, at least since 2003;
"• reduced burden of drug offenders on the criminal justice system;
"• increased uptake of drug treatment;
"• reduction in opiate-related deaths and infectious diseases;
"• increases in the amounts of drugs seized by the authorities;
"• reductions in the retail prices of drugs.

"By comparing the trends in Portugal and neighbouring Spain and Italy, we can say that while some trends clearly reflect regional shifts (e.g. the increase in use amongst adults) and/or the expansion of services throughout Portugal, some effects do appear to be specific to Portugal. Indeed, the reduction in problematic drug users and reduction in burden of drug offenders on the criminal justice system were in direct contrast to those trends observed in neighbouring Spain and Italy. Moreover, there are no signs of mass expansion of the drug market in Portugal. This is in contrast with apparent market expansions in neighbouring Spain."