59.5%United States United States
8.7%United Kingdom United Kingdom
5%Canada Canada
4%Australia Australia
3.5%Philippines Philippines
2.6%Netherlands Netherlands
2.4%India India
1.6%Germany Germany
1%France France
0.7%Poland Poland

Today: 139
Yesterday: 251
This Week: 139
Last Week: 2221
This Month: 4727
Last Month: 6796
Total: 129326
User Rating: / 0
PoorBest 
Articles - International & national drug policy

Drug Abuse

Decriminalization of Drug Use in Portugal:

The Development of a Policy

alt

Mirjam van het Loo, Ineke van Beusekom, and James P. Kahan

RAND Europe, Leiden, The Netherlands[1]


INTRODUCTION

Portugal has begun as of 1 July 2001 a remarkable experiment, decriminalizing all drugs, including not just marijuana but also heroin and cocaine. By decriminalization is meant 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 decriminalisation policy is the flagship of a revolutionary change in Portuguese drug policy, in which it is 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. This Commission for a National Drug Strategy (CNDS) produced a report (Comissão para a Estratégia Nacional de Combate à 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).

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 República (parliament) and Council of Ministers, with the approval of the President of the Republic, passed specific implementation legislation, of which the most significant is the decriminalization law that has taken effect July 2001.

In this article we shall provide some background information on drugs and drug usage in Portugal and trace the development of the changes in Portuguese drug policy and what the anticipated results of the changes will be. Because this is policy-in-the-making, with changes sometimes occurring on a daily basis, our description is largely based upon a series of interviews and discussions dating from March 1998 through July 2001, conducted in Portugal, with over 35 people involved in this process. The interviewees were, among others, most of the members of the CNDS, members of parliament, a Supreme Court justice, the mayor of Lisboa, members of treatment delivery organizations from different parts of the country, the leadership of the Institute for Drugs and Drug Addiction (Instituto Português da Droga e da Toxicodependência = IPDT) and the Drug Prevention and Treatment Service (Serviço de Prevenção e Tratamento da Toxicodependência = SPTT). These interviews have been reinforced by examining what data exist on the drug problem in Portugal and official governmental documents.

Setting the stage

Before we turn to drug policy in Portugal, we will provide some background information about the country itself to put that policy in perspective. Modern Portugal has approximately 10 million inhabitants and has a total land area of about 92,000 square kilometers. The country occupies the western edge of the Iberian peninsula (except for Galician Spain in the northwest corner), plus the two island groups of the Açores and Madeira. Portugal is an old country, with borders pretty much the same for over 900 years; it remains remarkably homogeneous in its culture, language, religion, and ethnicity. The 20th Century saw 48 years of dictatorship and poverty, ending with a bloodless revolution in 1974, which was followed by the establishment of solid democratic structures and the beginning of a remarkable period of economic growth. In 1986, Portugal entered the European Union (EU), and, although still one of the poorer countries in the EU, it was one of the original eleven countries to join the EURO zone in 1999. Perhaps in reaction to the years of dictatorship, current Portuguese political philosophy favors providing a strong degree of both individual liberty and autonomy to subnational government (Kahan, et al., 1999); this latter is especially true for social services such as health, education and the prevention and treatment of drug use.

PORTUGAL'S DRUG PROBLEM

The revolution of 1974 and economic growth of the past 27 years have not been an unmixed blessing. With the transformation from a highly dispersed rural demography to concentration in cities—notably Lisboa and Porto—came some of the ills of modern society, including drug abuse. However, although there is widespread belief that Portugal's drug problem worsened in the 1990s, real data on the extent of the problem has remained scarce. Indeed, one of the first calls in the national drug strategy is for the collection of more reliable, valid and comprehensive data on the drug phenomenon.

Data on drug usage and treatment

Although recent data suggest a population as high as 100,000 drug addicts, more usual and conservative estimates put the number of Portuguese drug users between 50,000 and 60,000 out of a total population of approximately 10 million people (www.drugtext.org/count/portugal/portugal1.html). One third of both the general population and population of drug users are concentrated in the Lisboa area.

Portuguese data on drug usage is scant and not reliable. There is no equivalent to the national surveys on drug use that take place in a number of North American and European countries; no data exist on the lifetime or last 12 months prevalence of drug use among the general population in Portugal. What data are collected are reported to the European Monitoring Center on Drugs and Drug Addiction (EMCDDA), which was set up (coincidentally, in Lisboa) to provide the European Commission and its Member States with objective, reliable and comparable information concerning drugs and drug addiction and their consequences, and collects information on drugs use in each of the European Union Member States. The information below is available through EMCDDA ( ; EMCDDA, 2001)

Table 1

Statistical description of drug use in Portugal

Lifetime prevalence of use of different illegal drugs among 15- to 16 year-old students (from a sample of 4767 students; year 1995)

all illegal drugs

4.7%

cannabis

3.8%

LSD

0.2%

cocaine

1.0%

heroin

0.9%

Characteristics of the persons treated for drug problems

mean age

28.6 yrs

gender = male

84%

heroin as main drug

>90%

injection as main route of administration

42%

Incidence of drug-related AIDS cases (annual incidence rates per million population)

1985

0.1

1990

4.3

1995

39.5

1998

54.7

Prevalence of hepatitis C among drug injectors

Lisboa, 252 people tested 1998-1999

74%

Prevalence of HIV infection among drug injectors

Nationwide, 632 people tested 1998-1999

14%

Lisboa sample

48%

These data, which experts claim stretch credulity, clearly indicate that the drug problem increased significantly during the 1990s.


Figure 1 : Number of acute drug-related deaths 1987 - 1998


This places Portugal unfavorably with respect to other harm-reductionist countries, with 34 drug related acute deaths per million citizens, compared to 4 per million in the Netherlands, 8 per million in Spain and 19 per million in Italy.

Data on criminal justice system activity with regard to drugs

Arrests for drug offenses reflect the increasing use of heroin. In 1991, 4667 people were arrested for drug offenses. By 1995, this number was up to 6380, and by 1998, the figure was 11395, or 235 percent of the 1990 figure. In 1998, 61% of the arrests were for use or possession for use (as opposed to sale or possession for sale), and 45% of the arrests were heroin-related. Given the overwhelming prominence of heroin in drug treatment, these numbers are relatively low.

Table 2 provides information on seizures of drugs. This table is another indication that the heroin problem increased in the 1990s, but that seizures of other drugs did not reflect the pattern of heroin. The quantities for ecstasy and LSD are so small that they cannot be used to form reliable indicators of the extent of usage of these drugs.

Table 2

Numbers of Seizures and Quantities of Drugs Seized in Portugal, 1990, 1995, and 1998

Seizures per year

Total quantities per year

Cannabis

1990: 1279

1995: 914

1998: 2063

1990: 9606 kgs

1995: 7493 kgs

1998: 5582 kgs

Heroin

1990: 1346

1995: 2828

1998: 3750

1990: 36 kgs

1995: 66 kgs

1998: 97 kgs

Cocaine

1990: 346

1995: 872

1998: 1377

1990: 360 kgs

1995: 2116 kgs

1998: 625 kgs

Amphetamines

1990: 2

1995: not available

1998: 1

1990: not available

1995: not available

1998: not available

Ecstasy

1990: not available

1995: 5

1998: 35

1990: not available

1995: 77 tablets

1998: 1127 tablets

LSD

1990: not available

1995: not available

1998: 10

1990: not available

1995: 11 doses

1998: 261 doses

Comparing Portugal to its neighbouring countries, the number of heroin seizures per million inhabitants is quite low: whereas the Portuguese police seize heroin 37 times per 1 million inhabitants, this number is 52 for the Netherlands, 337 for Spain and 112 for Italy. It is inadviseable, however, to draw any conclusions about the heroin market in a country on the basis of these numbers, because the number of seizures depends on a variety of factors, of which the effectiveness of the police is one. Still, one might expect Portuguese seizures to be higher, given that its coastal access and links to Brazil make it an attractive transshipment country.

Treatment of drug addicts

The number of treatment episodes in Portugal has increased fivefold in the last nine years, from 56438 in 1990 to 288038 in 1999 (SPTT, 1999). The 1999 episodes were for 27750 individual drug users, for an average of about 10.4 annual visits per user. Of all drug addicts undergoing treatment at treatment centers (CATs) in 1997, 95.4% were heroin users. Methadone or LAAM is not extensively used, being prescribed to only 21.8% of individuals in treatment. Treatment professionals in Portugal have long been reluctant to treat heroin users in substitution programs, because they did not believe in its effectiveness.

Table 3

Treatment in Portugal in 1999, by type of treatment center

Type of treatment center

Number of centers

Number of patients (1999)

Number of consults/days

Addict consultation centers (CAT - centros de atendi-

mento a toxicodependentes)

40 (+ 10 annexes)

27750

288038 consults

Rehabilitation centers (Unidades de Desabituacão)

5 UD - 46 beds

1945

11431 days

Therapeutic communities (Comunidades Terapeuticas)

2 CT - 34 beds

63

10578 days

Day centers (Centros de Dia)

4

106

Not available

At a more operational level, the IPDT (a new organization begun in 2000), is responsible for the coordination of treatment and prevention. At the local level it has district delegations, which allow closer proximity to the problems and the individuals. IPDT works in cooperation with ministerial services, such as the SPTT and the prevention programs in schools set up by the Ministry of Education. (EMCDDA, 2001).

Figure 2: Organizational chart of the

Institutional framework in Portugal

alt

Table 4

Government Budget on Drugs and Drugs Abuse by Intervention Areas

Intervention area

Year 2000 (Euro)

Percent

Prevention

24,150,976

23.3

Treatment

29,288,115

28.2

Rehabilitation

15,234,195

14.7

Harm reduction

4,589,728

4.4

Prisons

3,427,404

3.3

Law enforcement

24,007,142

23.2

Research

2,097,445

2.0

International cooperation

887,860

0.9

Total

103,682,864

100.0

Source: IPDT, 2000

PORTUGUESE DRUG STRATEGY

The CNDS was formed in response to a rapidly rising drug problem in the 1990s, principally but not exclusively involving heroin use. The path begun by CNDS and followed by the government makes clear that Portugal does not wish its policies to place it outside the mainstream of international drug policy. But Portugal equally clearly is determined to implement a coherent and comprehensive strategy based upon the philosophy of harm reduction, in the broad sense of referring to activities that reduce harm to the drug consuming individual and society. In this broad sense of the word, all activities that reduce supply and demand and all activities that improve the situation of consumers can be considered harm reduction measures, including effective treatment and prevention (members of the CNDS, personal communications).

 

Eight "structuring principles" upon which the strategy is built begin with acknowledgment of the international arena and acknowledge the importance of prevention, but then go immediately to the heart of the matter—the "humanistic" and "pragmatic" principles. These two declare that drug users are to be regarded as full members of society instead of cast out as criminal or other pariahs, and that the strategy will not attempt to strive toward an unachievable perfection such as "zero drug use," but will instead try to "make things better" for all segments of society. The principle of security refers not only to the general public, as potential victims of drug-induced crime, but the drug users themselves. The remaining three principles reflect Portuguese political philosophy, with efficiency of resources needed to maintain economic development, subsidiarity part of a concerted effort to push policymaking to as local a level as possible, and participation a legacy of the revolution of 1974 (Government of Portugal, 2000, p. 39).

The structuring principles are translated into a set of thirteen "strategic options" (Government of Portugal, 2000, pp. 43-44) that form the heart of Portuguese drug policy. These are:

1. To reinforce international cooperation and to promote active participation of Portugal in the definition and evaluation of the strategies and policies of the international community and the European Union;

2. To decriminalize the use of drugs, prohibiting them as a breach of administrative regulations.

3. To redirect the focus to primary prevention.

4. To extend and improve the quality and response capacity of the healthcare network for drug addicts, so as to ensure access to treatment for all drug addicts who seek treatment.

5. Extend harm reduction policies, namely through syringe and needle exchange programs and the low-threshold administration of substitution drugs as well as the establishment of special information and motivation centers.

6. To promote and encourage the implementation of initiatives to support social and professional reintegration of drug addicts.

7. To guarantee conditions for access to treatment for imprisoned drug addicts and to extend harm reduction policies to prison establishments.

8. To guarantee the necessary mechanisms to allow the enforcement by the competent bodies of measures such as voluntary treatment of drug addicts as an alternative to prison sentences.

9. To increase scientific research and the training of human resources in the field of drugs and drug addiction.

10. To establish methodologies and procedures for evaluation of public and private initiatives in the field of drugs and drug addiction.

11. To adopt a simplified model of interdepartmental political coordination for the development of the national drug strategy (IPDT replaces Projecto Vida).

12. To reinforce the combat against drug trafficking and money laundering and to improve the articulation between the different national and international authorities.

13. To double public investment to 160 million EURO (at the rhythm of 10% a year) over the next five years, so as to finance the implementation of the national drug strategy.

The first strategic option again acknowledges the international context, but the second moves immediately to decriminalize the use of all drugs. Decriminalization, as is made clear, is not legalization, but removal of sanctions for drug use from the criminal justice system.

 

Legislation

The 13 strategic options have formed the basis for legislation and action plans that aim to set the legal framework for the strategy and its detailed implementation in a first stage between 2001 and 2004. In the past several months, laws and action plans have been issued for prevention, decriminalisation, harm reduction and reintegration and for the combat against drug trafficking and money laundering. Furthermore, treatment capacity has increased in order to be able to respond to the expected increase of treatment demand as a consequense of the decriminalisation law.

Prevention activities are to focus on primary prevention, in schools, families and in the community in general. Harm reduction measures (in the narrow sense of the word) include needle and syringe exchange, shooting rooms, information and motivation centers and substitution programs. Decriminalization, as the "flagship" of the strategy in terms of its attention in the public eye and the complexity of its implementation, will be described here in greater detail.

DECRIMINALIZATION OF DRUG POSSESSION

Decriminalization represents a significant departure from the previous law, and is different from efforts in other countries such as Italy and Spain in that it explicitly separates the drug user from the criminal justice system. The CNDS recognized, and the government explicitly concurred, that imprisonment or fines have so far not provided an adequate response to the problem of mere drug use, and that it has not been demonstrated that to subject a user to criminal proceedings constitutes the most appropriate and effective means of intervention.

The international arena was explicitly addressed in deciding to adopt decriminalization. The national strategy document declared that after a study of the 1988 United Nations Convention against illicit trafficking in narcotic drugs and psychotropic substances, it was consistent with that convention to adopt the strategic option of decriminalizing drug use, as well as the possession and purchase for this use. In the Portuguese view, replacement of criminalization with mere breach of administrative regulations maintained the international obligation to establish in domestic law a prohibition of those activities and behaviors. Moreover, decriminalization as defined by the national strategy was the only alternative to maintaining drug use as a criminal offense that is compatible with the international conventions currently in effect (Government of Portugal, 1999, p.61).

How decriminalization will work

Under the law that has taken effect on 1 July 2001, the use and possession for use of drugs is no longer a criminal offense, but instead is prohibited as an administrative offense. This distinguishes Portugal from Spain, where the policy is de facto decriminalisation, but where a drug consumer will still be judged by a criminal court, although he will never be sent to prison for drug consumption alone. The same holds for the American system of drug courts, which send a drug consumer to treatment only after he has been convicted by a criminal court. Both in Spain and in the U.S. drug court system, the consumer has a criminal record and it is this stigmatization that the Portuguese policy explicitly aims to prevent. There is no distinction made among different types of drugs ("hard" vs. "soft" drugs), nor whether drug use is private or in public. Decriminalization only refers to possession of drugs for personal use and not for drug trafficking. "Trafficking" for purposes of the law is possession of more than the average dose for ten days of use (although what these levels are for specific drugs is not spelled out in the law).

 

To deal with these administrative offenses, each of the 18 administrative districts in Portugal will establish at least one committee that deals only with drug use in that district (larger districts such as the ones containing Lisboa and Porto will probably have more than one committee). The committees will generally consist of three people, two people from the medical sector (physicians, psychologists, psychiatrists or social workers) and one person with a legal background. Committee members are not supposed to be involved in drug treatment but should be sufficiently knowledgeable to judge what is best for the user.

 

Drug users will largely be brought to the attention of the administrative committees when the police observe them using drugs. Although police will cite users and send the citation to the administrative committee, they will not arrest users. If the committee determines on the basis of the evidence brought before it that the person is a drug trafficker, then the committee will refer that person to the courts. Although the law states that any doctor who detects a drug problem in a patient may bring this to the attention of the committee in his or her district, it is regarded as highly unlikely; not only is such reporting repugnant to most doctors, but it might violate the doctor’s oath of confidentiality.

The law states that the committee should consider a number of criteria in determining what action to take with a drug user. These criteria include the severity of the offense, the type of drug used, whether use is in public or private; if the person is not an addict, whether use is occasional or habitual; the personal and economic/financial circumstances of the user.

How these criteria are to be used is not stated. Some are of the opinion that the committee may choose not to take any action; others believe that some form of action, even if suspended, is required.

The committees have a broad range of sanctions available to them. These include:

· fines, ranging from 25 to 150 EURO. These figures are based on the Portuguese minimum wage of about 330 EURO (Banco de Portugal, 2001) and translate into hours of work lost;

· suspension of the right to practice if the user has a licensed profession (e.g. medical doctor, taxi driver) and may endanger another person or someone's possessions;

· ban on visiting certain places (e.g. specific discotheques);

· ban on associating with specific other persons;

· interdiction to travel abroad;

· requirement to report periodically to the committee;

· withdrawal of the right to carry a gun;

· confiscation of personal possessions;

· cessation of subsidies or allowances that a person receives from a public agency.

The committee cannot mandate compulsory treatment, although its orientation is to induce addicts to enter and remain in treatment. The committee has the explicit power to suspend sanctions conditional upon voluntary entry into treatment, but because disobedience of committee rulings is not defined as a criminal offense, it is not clear what the further sanctions are if users do not follow either the treatment recommendations or the orders of the committee. Some experts view that the committees will see users repeatedly and should "build up a relationship of trust with the addict." Other experts hold that this is not possible, because the committee is acting as a judge and jury.

Preparations for decriminalization

IPDT is charged with overseeing the administrative committees. Since the passage of the law, it has been busy preparing for this. A major task is appointing committee members; IPDT has organised a competition (concours) to select the members of the committees and their technical staff and the committees were all in place on 1 July 2001. It is also attempting to specify a number of articles that were left vague in the law. Furthermore, IPDT has organised a training program for committee members, as well as a set of regulations for procedural matters and guidelines for how the committees should deal with cases. In addition to the administrative district committees, it will create a central committee that will serve as a center of information and advice to the districts.

IPDT has also begun designing a database in which information about the individuals brought before the committees, the decisions of the committees, and—to a more limited extent—the consequences of committee actions are recorded. They hope that this database can be employed to assist in standardizing the approaches of the committees and may, eventually, assist in evaluating the performance of the committees. Ultimately the database, plus the documented experience of the committees may assist in evaluating the effect of the strategy to decriminalize and improving the law.

Beliefs about the likely effects of drug decriminalization

As decriminalization has barely begun, its effects can not yet be measured. Plans are underway for major reforms in the collection and analysis of information about the number of drug users in Portugal, the extent of their use, and the consequences of such use on the users and others. In its most recent ‘action plan’, the government mentions its plan to conduct a major evaluation of the policy after a few years, although it is not yet clear who should conduct this evaluation and what it should focus on (Conselho de Ministros, 2000). Among the people interviewed on this topic, there was a guarded optimism about the results of decriminalization, and some consensus as to its anticipated consequences. These expectations can be used to form benchmarks for the evaluations. Almost all observers agree that evaluation is a useful tool for assessing the effectiveness of a policy, but there is a concern that the results of this particular evaluation would be subject to politically colored interpretations.

Decriminalization is not expected to increase the amount of drugs available, or the use of new types of drugs. However, there is a general belief that decriminalization increases the need for prevention, e.g. to communicate to the public that decriminalization does not condone drug use. The national drug strategy calls for increased prevention activities apart from decriminalization, but the effects of these two strategies are viewed as interdependent.

The Portuguese do not generally believe that decriminalization will result in an increase in the total number of drug users. However, there might be some increase in experimentation among those people who are deterred by fear of criminal sanctions. There is a consensus that decriminalization, by destigmatizing drug use, will bring a higher proportion of users into treatment, thereby increasing the need for treatment.

 

One could imagine that a final potential problem is that decriminalization may come to dominate the entire drug policy arena, with a corresponding diminution of important efforts in prevention, rehabilitation, and other programs consistent with the principles of humanism and pragmatism. On the other hand, one could also believe that decriminalization can act as a flagship for implementation of policies consistent with the structural principles, and can ease the way for improved harm reduction strategies such as the introduction of new needle exchange programs, social housing for drug addicts, shooting rooms, more frequent supply of methadone, and consideration of heroin as a substitution drug. As this experiment unfolds, it will be interesting to see which direction it takes.

Other harm reduction activities

The Council of Ministers has recently published its action plan for the coming years, which includes prevention activities, experiments with shooting rooms, more treatment possibilities, and other implementations of the strategic options (Conselho de Ministros, 2000). One experiment that has been in progress for a number of years now is the Casal Ventoso project. Casal Ventoso is a neighborhood of Lisboa where drug traffickers and drug users used to gather, to the detriment of themselves and the local inhabitants. The municipality of Lisboa has started a project where addicts are offered a place to wash, eat and sleep, where clean needles are handed out and where people get informed about treatment possibilities. This approach has proven successful, because fewer people sleep in the streets and more addicts are induced to enter treatment or at least to inject hygienically.

Perceived problems with implementation

Although most people favor decriminalization in principle, there have been a number of doubts expressed about the way the law will be implemented and, ultimately, its effects. The new law may be characterized as leaving unsaid more than it says. This has led to a considerable lack of clarity among the people who will be charged with implementing the law and those people who will be affected by the law. The committees will have to coordinate with each other and with people from other organizations, such as prevention workers and police. This is viewed as problematic, as there is no culture of coordination in Portugal, especially with regard to drug treatment (Van het Loo, et al., 2000).

There is confusion about the types of sanctions that could be given. Most people are aware of the range of possibilities mentioned in the law, but do not see what criteria will be used by the committees to exercise which sanctions. The charge to the committees, to decide on "the most appropriate sanction for the drug user" begs the question in absence of information about the effects of the sanctions. In principle, possession of all types of drugs is decriminalized. However, as explicitly mentioned as a possibility in the law, the types of sanctions prescribed by the committees might differ per type of drug used.

Some experts claim that the drug decriminalization law is a mere confirmation of current practice. Previously, these experts state, an addict would rarely be sent to prison for drug use alone, especially when the drug was cannabis; the police would only arrest a person if he were caught in another illegal action (e.g. stealing money) in addition to using drugs. Others do not see police behavior in this way, and view the new law as an opportunity to reduce variation in practice in the direction not labeling drug users as criminals.

There will probably be more people who apply for treatment, since that is an escape from administrative sanctions. Many in SPTT and elsewhere believe that the current financial and human resources for treatment may not be adequate to receive this influx of new patients, and worry that waiting lists from the committee referrals could become a major problem. There is also some concern about whether the modes of treatment currently used in Portugal are the right ones to meet the anticipated need for treatment. Some treatment specialists believe that more low-threshold methadone maintenance treatment is needed for the anticipated new population that will be seen.

 

There is some concern that the public does not (yet) understand what decriminalization is and confuses it with liberalization or legalization, thus sending a signal to the public that using drugs is not so bad after all. IPDT plans a public information campaign about the new law.

From an outsider's perspective, the administrative committees most resemble drug courts, as used in the United States and United Kingdom (Sechrest and Shicor, 2001). However, neither IPDT nor any other organization in Portugal has to date shown awareness of the promises and pitfalls of drug courts, and there is a risk, sometimes explicitly expressed in Portugal, that the administrative committees will not be clearly differentiable from the current court procedures by users or the police. A particularly pessimistic view is that the committees are doomed to fail because of bad coordination, and that the committees in fact mean that one police system is replaced by another police system.

The action plans regarding prevention, harm reduction and reinsertion exhibit a different implementation problem. The legislation regarding these activities does not oblige communities to implement the law. The law rather sets a framework for those communities that wish to undertake such activities – it is an enabling law. For example, the law sets rules for shooting rooms: their size, facilities and personnel needed. Therefore, the law will enable those who were already thinking about harm reduction activities to take the opportunity given by the law to bring their ideas into practice. However, effective implementation is less likely for those who had never thought about harm reduction, say it is not their responsibility, or are at a loss because they have no clue how to bring the law into practice.

In conclusion, Portugal has deliberately set forth on a novel approach to dealing with the problems of drug use, that is consistent with a set of general humanistic and pragmatic principles, but is consistent with international laws and treaties. For all of the potential problems, this is a significant experiment with an opportunity to learn by trial and error. This approach will be followed carefully and, if successful, could lead to significant changes in the way many nations approach drug policy.


BIBLIOGRAPHY

Assembleia da República (2000). Define o regime jurídico applicável ao consumo de estupefiantes e substáncias psicotrópicas, bem como a protecção sanitária e social das pessoas que consomem tais substáncias sem prescrição médica, Lei no. 30/2000 de 29 de Novembro.

Banco de Portugal (2001). Relatório Anual de 2000, Lisboa.

Comissão para a Estratégia Nacional de Combate à Droga (1998). Estratégia nacional de luta contra a droga. Lisboa: Mimeographed document, September 1998.

Conselho de Ministros (2000). Plano de acção nacional de luta contra a droga e a toxicodependência – Horizonte 2004, Lisboa: Government of Portugal.

 

EMCDDA (2001). Complementary statistical tables to the 2000 Annual report on the state of the drugs problem in the European Union, Lisboa:EMCDDA.

Government of Portugal (1999). Resolution of the Council of Ministers No. 46/99. 22 April 1999.

Government of Portugal (2000). National drug strategy (officially translated from Portuguese to English). Lisboa: Depósito Legal No. 148314/00.

IPDT (2000). National strategies: institutional and legal frameworks, Lisboa: IPDT.

Kahan, J.P., M. van het Loo, M. Franco, J.G. Cravinho, V. Rato, J.T. Silveira, F. Fonseca (1999). A seminar game to analyze regional governance options for Portugal, Santa Monica CA: RAND Report MR-1031-RE/FLAD.

Loo, M. van het, J.P. Kahan, J.A.K.Cave, C. Meijer (2000). Measuring the roles, structures and cooperation of drug demand reduction services: Results of a preliminary study. Lisboa: EMCDDA Report CT.99.TR.01. Also published as Leiden: RAND Europe Report RE-2000.07.

Sechrest, D.K., D. Shicor (eds.) (2001). "Drug courts as an alternative treatment modality", special issue of Journal of Drug Issues, Vol. 31, No.1, Winter 2001.

SPTT (1999), Relatório de actividades 1999, Versão abreviada, Lisboa: SPTT.

Websites:

Http://www.drugtext.org



[1] Correspondence should be addressed to J.P. Kahan, RAND Europe, Newtonweg 1, 2333 CP Leiden, the Netherlands. e-mail . We wish to thank the Association for Innovative Cooperation in Europe, the Luso-American Foundation for Development and a RAND President's Award for supporting the work behind and writing of this article. Thanks are also due Alexandre Quintanilha, chair of the CNDS, for his helpful comments on an earlier draft of the paper.