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Another Way:

Portugal, Addiction, & Drug Use

c/o Alexander Spatari

"Why do you want to talk about Portugal?"

A good question if the focus of this project has to do with the United States of America, its drug policy and drug use. Portugal highlights another way; while the rest of the world went one direction, this small Western European country went another way. And it's paid dividends. Let us explain. 

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In 1999, the situation in Portugal was dire. The public ranked drug-related issues as the main social problem prompted by figures which estimated 1% of the population was hooked on heroin and revealed Portugal had the highest HIV/AIDS infection rate in the European Union. In response, the government convened a committee of experts - including doctors, lawyers, medical professionals, activists, amongst others - to study the problem and make a proposal for a national response. João Goulão, the architect of what was to come, said "It made much more sense for us to treat drug addicts as patients who needed help, not as criminals.”

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So that's what they did. 

 

"In 2001, Portugal became the first country to decriminalise the possession and consumption of all illicit substances. Rather than being arrested, those caught with a personal supply might be given a warning, a small fine, or told to appear before a local commission – a doctor, a lawyer and a social worker – about treatment, harm reduction, and the support services that were available to them." 

What is decriminalization?

"Drug decriminalization is defined as the elimination of criminal penalties for drug use and possession of drugs for personal use, as well as the elimination of criminal penalties for the possession of equipment used for the purpose of introducing drugs into the human body, such as syringes."

So how does this actually work?

It depends.

 

If police come across those in possession of drugs, they confiscate them and refer them to a Dissuasion Commission. This Commission is composed of legal, health, and social officials, works independently of the criminal justice system, and works case-by-case to determine if the individual's drug use is a problem. Most cases are deemed non-problematic and the individual receive no sanction (if they are not found in possession again in the next six (6) months). For frequent, problematic users, the Commission refers them to treatment which is always voluntary and never mandated. There are sanctions, but they are hardly used. 

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Now, if police comes across someone in possession exceeding the personal threshold quantity, the Commission must determine whether to apply the aforementioned procedure or to charge the person with trafficking. Drug trafficking can incur a sentence of one (1) to twelve (12) years in prison depending on circumstances. 

So what happened?

Some people viewed the project as radical, and the results were too.  

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All that from decriminalizing drugs?

No.

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"The decriminalization of drug use should be understood as only one element of a larger policy change that…might be best described as a public health policy founded on values such as humanism, pragmatism and participation.”

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Remember that panel we talked about from earlier, the ones that made this proposition? Decriminalization was only one facet. They also recommended having discussion and education on drug use and addiction, providing access to evidence-based treatment programs, adopting harm reduction practices, and investing in the social reintegration of people with drug dependence. These were all accompanied with a new ideology towards drugs and drug use:

  • drugs and drug use are not inherently evil

  • a drug-free society is unattainable

  • people use drugs for a number of reasons

  • punitive policies are unethical and ineffectual.

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“The biggest effect has been to allow the stigma of drug addiction to fall, to let people speak clearly and to pursue professional help without fear.”

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