http://www.cato.org/pub_display.php?pub_id=10080

CATO White Paper

April 2, 2009
Drug Decriminalization in Portugal:
Lessons for Creating Fair and Successful Drug Policies

by Glenn Greenwald
Glenn Greenwald is a constitutional lawyer and a contributing writer at Salon. He has
authored several books, including A Tragic Legacy (2007) and How Would a Patriot
Act? (2006).


Drug Decriminalization in Portugal


On July 1, 2001, a nationwide law in Portugal took effect that decriminalized all
drugs, including cocaine and heroin. Under the new legal framework, all drugs were
"decriminalized," not "legalized." Thus, drug possession for personal use and drug
usage itself are still legally prohibited, but violations of those prohibitions are deemed
to be exclusively administrative violations and are removed completely from the
criminal realm. Drug trafficking continues to be prosecuted as a criminal offense.

While other states in the European Union have developed various forms of de facto
decriminalization — whereby substances perceived to be less serious (such as
cannabis) rarely lead to criminal prosecution — Portugal remains the only EU member
state with a law explicitly declaring drugs to be "decriminalized." Because more than
seven years have now elapsed since enactment of Portugal's decriminalization
system, there are ample data enabling its effects to be assessed.

Notably, decriminalization has become increasingly popular in Portugal since 2001.
Except for some far-right politicians, very few domestic political factions are agitating
for a repeal of the 2001 law. And while there is a widespread perception that
bureaucratic changes need to be made to Portugal's decriminalization framework to
make it more efficient and effective, there is no real debate about whether drugs
should once again be criminalized. More significantly, none of the nightmare
scenarios touted by preenactment decriminalization opponents — from rampant
increases in drug usage among the young to the transformation of Lisbon into a
haven for "drug tourists" — has occurred.

The political consensus in favor of decriminalization is unsurprising in light of the
relevant empirical data. Those data indicate that decriminalization has had no
adverse effect on drug usage rates in Portugal, which, in numerous categories, are
now among the lowest in the EU, particularly when compared with states with
stringent criminalization regimes. Although postdecriminalization usage rates have
remained roughly the same or even decreased slightly when compared with other EU
states, drug-related pathologies — such as sexually transmitted diseases and deaths
due to drug usage — have decreased dramatically. Drug policy experts attribute
those positive trends to the enhanced ability of the Portuguese government to offer
treatment programs to its citizens — enhancements made possible, for numerous
reasons, by decriminalization.

This report will begin with an examination of the Portuguese decriminalization
framework as set forth in law and in terms of how it functions in practice. Also
examined is the political climate in Portugal both pre- and postdecriminalization with
regard to drug policy, and the impetus that led that nation to adopt decriminalization.

The report then assesses Portuguese drug policy in the context of the EU's approach
to drugs. The varying legal frameworks, as well as the overall trend toward
liberalization, are examined to enable a meaningful comparative assessment between
Portuguese data and data from other EU states.

The report also sets forth the data concerning drug-related trends in Portugal both
pre- and postdecriminalization. The effects of decriminalization in Portugal are
examined both in absolute terms and in comparisons with other states that continue
to criminalize drugs, particularly within the EU.

The data show that, judged by virtually every metric, the Portuguese
decriminalization framework has been a resounding success. Within this success lie
self-evident lessons that should guide drug policy debates around the world.

FULL REPORT PDF
http://www.cato.org/pubs/wtpapers/greenwald_whitepaper.pdf

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