In 2001, Portugal decriminalized drug use and possession of small quantities of drugs for personal use. Instead of facing criminal charges, people are referred to a Commission for the Dissuasion of Drug Addiction, an administrative body composed of health, social, and legal experts which helps participants to address issues related to their drug use. This policy has not only kept people out of prison, it has also significantly reduced stigma, discrimination, and health harms.
In response to the increasing harms caused by the heroin epidemic in Portugal, the government approved Law 30/20002 that removed criminal sanctions for drug use and the illicit possession of small amounts of all drugs for personal use. Under the decriminalization regime which entered into force in 2001, drug use and possession remain illicit, but are now dealt with through an administrative process. A person stopped with less than 10 days’ worth of drugs is referred to a Commission for the Dissuasion of Drug Addiction (Comissão para a Dissuasão da Toxicodependência) – an administrative body established in each of Portugal’s regions and composed of three professionals including a legal expert, a social worker, and a doctor. Each Commission is supported by a technical team of health and social experts.
The decriminalization of drug use in Portugal was accompanied by significant investments in health and social programs, including drug dependence treatment and harm reduction services. The legal basis for this harm reduction approach was crystalized in Decree- Law 183/2001.
