Glossary of key drug policy terms

There is often confusion about the terminology concerning approaches to the control psychoactive substances. The following list provides clarification of the meaning of key terms used in this report.

Control   

The term ‘control’ encompasses the full array of legislative approaches for restricting the availability of various substances. It includes laws such as the Misuse of Drugs Act, which make some substances illegal to use / possess / sell, as well as regulations concerned with the manufacturing, dispensing, approval and marketing of substances that have medical or commercial uses, or are seen as ‘acceptable’, such as alcohol, solvents, inhalants etc. Thus, Government ‘controls’ cannabis, for example, through the Misuse of Drugs Act, and ‘controls’ tobacco through Trading Standards regulations. The level of control varies according to the mechanism. The Misuse of Drugs Act controls substances through enforcement with the threat of criminal penalties, while Trading Standards controls the selling of food, most often through civil penalties and fines.

Decriminalisation

‘Decriminalisation’ refers to the repeal of laws that define drug use or possession (but not selling or distribution) as criminal offences. It does this through either total repeal of penal punishments (ie prison sentences) or shifting the basis to civil penalties, such as fines or removal of a licence, or administrative processes, eg in Portugal. In Portugal, drug use and possession are still legally prohibited, but violations are deemed to be simply administrative offences and are dealt with by ‘Commissions for Dissuasions of Drug Addiction’ rather than criminal courts.

Depenalisation

‘Depenalisation’ refers to the reduction of the level of penalties associated with drug offences, usually those for personal use or possession. For example, ‘depenalisation’ applies to the introduction of warnings or cautions for cannabis possession, rather than potential time in prison.

Legalisation   

‘Legislation’ refers to making drug use, possession, production and distribution legal. Unlike decriminalisation, legalisation would repeal all penalties, criminal and civil, for use, possession, production and distribution of a substance. However, ‘legalisation’ would most likely still require other types of controls and regulations put in place (e.g. restrictions to licensed proprietors, and age restrictions on sales).

Regulation   

‘Regulation’ (both domestic and international) imposes conditions on the manufacturing, dispensing, approval and marketing of substances. These laws bind manufacturers and distributors and penalties range in severity and may be civil or criminal. Examples include food labelling requirements, age restrictions on sales, and the more stringent controls for dispensing medicines.