Introduction
Portugal is among the first countries to decriminalize drugs as a strategy to deal with drug addiction, which acted as an illness in the country. Other countries are gradually following the trend. Portugal is already experiencing positive outcomes from the drug decriminalization. In July 2001, the country enacted a policy discriminating the use and possession of personal and elicit drugs. The administrative panel assumed the responsibility of dealing with all the cases associated with the consumption or possession of drugs for up to ten days. The panel also presided the actions associated with warnings, treatments, and other legal procedures and penalties for individuals possessing drugs for more than ten days supply.
Background
Despite the decriminalization of drugs in Portugal, individual users should not possess drugs exceeding a supply of 10 days. Drug decriminalization in Portugal aimed to minimize addiction problems, which had a significant impact on health and economic performance (Shea, 2023). Although the policy has been successful in minimizing drug-related issues, drug traffickers are still using Portugal as a channel to access Europe’s illegal drug market. Similarly, the financial crisis in 2007 and 2008 affected the success of decriminalization due to program cuts, making it difficult to provide adequate funding to sustain the policy. They represent some of the major issues affecting the program’s efficiency. Overall, the country is on a positive trend, since decriminalization policy defines a harm reduction strategy to handle drug-related issues.
Increased Drug Addiction
Portugal approached drug abuse and drug use as an addiction issue, resulting in the implementation of policies to decriminalize them. Research by Rêgo et al. (2021) indicated that Lisbon, the capital city of Portugal, assumed the nickname of “heroin capital of Europe,” becoming the second most problematic city to use drugs in Europe. The assertion indicated that Portugal was on the verge of drug trafficking incidents that affected the society. For example, Moury and Escada (2023) stipulated that the Portuguese approached drug addiction as a disease that undermines individuals’ capability to deal with the side effects after addiction. Subsequently, the authors affirmed that addiction correlates to the enslavement of will, making it challenging for the victim to decide on an ideal way to refrain from drug abuse. On the other hand, Martins and Guerra (2021) reflected that the drug problem was a major problem in Portugal, requiring the exploration of alternatives that would minimize intense usage and the negative psychological side effects. The psychosocial vulnerability among high-risk users prompted the implementation of strategies to circumnavigate the complex challenge of drug abuse. Thus, the increased drug addiction in Portugal resulted in the adoption of decriminalization policy.
Spread of HIV/AIDS
Similarly, intense drug abuse came with other social problems, including the spread of HIV infections, which reached its climax in 2000 in Portugal. For instance, during the 1990s, there was a societal concern about the high-risk drug users who increased infection rates of HIV (Rêgo et al., 2021). At this juncture, it was evident that drug addiction contributed to the spreading of the HIV, especially among high-risk drug users. The problem triggered the multipartisan party to coordinate policy change by redefining the problem of addiction to create a unique way different from other countries. The decriminalization policy aimed to help individuals restore their dignity by providing citizens with appropriate resources to manage drugs and eliminate addiction. The belief was that controlling drug addiction would lay a foundation to stabilize drug use, making it easier to achieve individual goals and objectives. Thus, Portugal embarked on a “Leading a Successful Change” policy addressing the issues contributing to exponential increase of drug addiction in society.
Redesign Strategies to Deal with Drug Use and Drug Addiction
Decriminalization policy relied on eight core principles acting as a guideline for strategic ways to manage the drug addiction in Portugal. The first element was organization, whereby the policy shifted from the role of dealing with drug-relate issues from the court system to Commissions for the Dissuasions (CDTs) (Shea, 2023). CDTs entailed professional and technical experts with skills and knowledge to understand the drug problem rather than incarcerate individuals in court due to drug-related issues.
Secondly, the policy encouraged a design containing mobile teams to deliver support to addicts. The third element included mobile staff, making it possible for the professionals and experts to move from one place to another to interact with the addicts (Shea, 2023).
Subsequently, the decriminalization identified the need to implement policies to test drug addiction and administer the treatment in primary care. The approach minimized the exchange of syringes, which provided an alternative to minimize the HIV pandemic spreading.
The policy decriminalized the use and possession of small drug amounts, which encouraged individuals to seek treatment since they would only receive penalties as opposed to incarceration in jails. Shea (2023) affirmed that the rewards of the decriminalization assisted the addicts to find employment. However, drug traffickers were vulnerable to incarceration especially when found in the possession of drugs supply of more than ten days.
Decriminalization supported the implementation of alternatives to monitor and keep track of drug addiction cases. The critical cost evaluation elevated the possibility of recommending alternatives to help society overcome the negative consequences of drug addiction.
The seventh pillar encouraged public education, especially among addicts. Education was to increase awareness of the available treatment and the negative consequences of intense drug abuse.
Lastly, the decriminalization entailed decision allocation, providing the treatment officials and professionals with decisions-making power concerning drug users rather than police (Shea, 2023). The Multipartisan Party approached drug addiction and drug use as a social and psychological problem, recommending drug decriminalization to help individuals realize that it is possible to overcome drug addiction.
Success or Failures of Decriminalization Policy in Portugal
Success
Reduced Drug Addiction and Usage
The radical policy change included vital success factors, primarily due to Portugal’s reduced addiction rates. According to Shea (2023), heroin addicts reduced in Portugal from 100,000 to 25,000 by 2018. It is a significant number indicating the success of decriminalization since it was possible to access different assistance programs to overcome addiction. Subsequently, a report by Shea (2023) acknowledged that, in Western Europe, Portugal is among the countries that have the lowest drug-related death rates compared to other countries. There has been a gradual decline of at least 90% regarding drug-related death rates, which is a significant improvement compared to countries like the United States and Britain. On the other hand, Pavarin et al. (2020) reported that Portugal has experienced a dramatic reduction in overdose deaths, which is a success factor of the policy. The analysis indicates that in collaboration with politicians, the government gradually implements the policies and investigates potential weaknesses that may affect their efficiency (Moniruzzaman et al., 2023). The driving factor is to increase awareness about the potential recovery opportunities. The addicts have a chance to seek assistance since the decriminalization policy reduces the risks of incarceration.
Reduced HIV Infection Rates
Secondly, the policy has been successful in reducing HIV infection rates, which was the major problem related to intense drug abuse. The increased spread of HIV was a major problem in the country. High-risk drug addicts were likely to engage in unprotected sex, hence increasing HIV infection rates. As a result, decriminalization was ideal in responding to drug addiction to eliminate unsafe sex and minimize HIV infections. Indeed, Ward et al. (2020) accounted that decriminalization was an effective drug policy helping Portugal monitor intense drug usage to curb the spread of HIV. The main advantage is that addicts can seek healthcare assistance instead of being afraid to report due to the legal repercussions. The reforms have encouraged education and social awareness on the negative consequences of drug addiction in relation to HIV infections.
Reduced Healthcare and Other Costs Tied to Drug Addiction Cases
Decriminalization policy was also successful in Portugal due to the reduced healthcare-related costs. A major factor behind Portugal implementing decriminalization policy was to eliminate cumbersome operational costs related to drug addiction, treatment, and recovery. Shea (2023), argued that decriminalization policy reduced Portugal’s cost per citizen program by more than $10 per citizen annually. It was a significant change compared to the United States, which spent more than $1 trillion in drug addiction healthcare-related costs during the same period. Subsequently, the total societal cost savings, including legal costs, lost individual income, and healthcare costs, amounted to a reduction of 12% in the first ten years after the policy implementation. The statistics indicate successful policing in minimizing the negative consequences related to drug addiction and drug abuse in Portugal. It is a successful factor behind eliminating drug issues in Portugal, whereby it is possible to use the resources in drug awareness campaigns to reduce drug dependency.
Failures
The Portuguese decriminalization model defines a foundation to investigate societal problematic issues. The policy involved the society and other relevant agencies in defining strategies to overcome drug addiction. For example, Moury and Escada (2023) acknowledged that the policy helped Portugal implement effective prevention programs through non-governmental organizations (NGOs). The main idea was to promote optimal collaboration between the government and other interested parties in reinforcing the policy to eradicate drug addiction.
International Drug Traffickers in Portugal
However, regardless of the success in terms of reducing healthcare costs and minimizing drug addiction cases, Portugal still experiences an international challenge related to drug trafficking. An evaluation by Shea (2023) asserted that global drug traffickers use Portugal as a channel to access the illicit drug markets in Europe. They take advantage of the coastal region, which provides a convenient transport of drugs from one place to the other. It is a significant problem affecting Portugal by undermining the efficiency of the decriminalization policy. It may be challenging to keep track of all the global drug traffickers who take advantage of the policy to expand their trafficking activities.
Financial Crisis/Burden
Secondly, the decriminalization policy required funding for education, health services, and other community projects that involved extensive resources. The government-funded projects towards decriminalization implementation process. However, the economic crisis of 2007 to 2008 affected the country’s budget, resulting in the cutting down of funds for the decriminalization program. The financial crisis contributed to program cuts and the withdrawal of government assistance (Shea, 2023). The inadequate resources and funds may increase the difficulties of maintaining and sustaining the program. It represents some of the challenges related to the decriminalization policy.
Success of the Decriminalization in Other Countries
Other countries may experience similar results after implementing a decriminalization policy. The policy encourages safer drug access. As a result, it represents a harm reduction approach, which is essential in reducing and eliminating adverse effects of drug use and consumption (Bratberg et al., 2023). The advantage of the policy is creating a sustainable program and framework providing support to addicts who may experience challenges in curbing drug cravings. In many cases, addicts may be willing to overcome the problem, but the fear of legal repercussions discourages the motive to seek assistance. Increasing accountability and encouraging addicts to seek medical attention can facilitate a long-term strategy to minimize and eliminate drug-related issues, especially due to overdose.
The primary factor to concentrate on during the implementation is to evaluate the factors contributing to drug abuse in a country. It requires cooperation within social structures to conduct a comprehensive analysis evaluating the factors that encourage drug use among a specific population. For example, policymakers can identify the factors encouraging addiction among the youth. The information can assist in making affirmed decisions on the appropriateness of decriminalization policy. As a result, other countries can expect similar results from implementing decriminalization policy depending on how efficiently policymakers investigate the problem.
In conclusion, Portugal is among the first countries to implement a decriminalization policy. The country experienced an increased rate of drug addiction and the spread of the HIV pandemic, resulting in the need to implement mitigation strategies to minimize the negative consequences. The policy is successful in the country due to the reduced rates of drug addictions and infection rates. The strategy also helped reduce other operational costs, including health, legal costs, and loss of personal income. However, drug traffickers still use Portugal as a channel to access the European illegal drug markets. The financial crisis of 2007 and 2008 also contributed to financial strains, resulting in budget cuts to support the decriminalization program. They represent some of the major problems that make it difficult for Portugal to overcome drug-related issues. Overall, other countries may experience positive outcomes by implementing the decriminalization policy. The goal is to investigate the source of the problem and streamline the policy alongside the issues. Implementing harm reduction approaches in regard to drug abuse may have long-term benefits of reducing and eliminating deaths arising from drug use.
References
Bratberg, J. P., Simmons, A., Arya, V., Bhatia, A., & Vakharia, S. P. (2023). Support, don’t punish: Drug decriminalization is harm reduction. Journal of the American Pharmacists Association, 63(1), 224-229. https://doi.org/10.1016/j.japh.2022.12.017
Martins, A., & Guerra, P. (2021). Rock’n’roll, drugs, stigmas and risks. An approach to the current state of affairs in Portugal. Cidades. Comunidades e Territórios, (Au21).
Moniruzzaman, A., Rezansoff, S. N., & Somers, J. M. (2022). The Relationship between the legal status of drug possession and the criminalization of marginalized drug users: A literature review. Journal of Community Safety and Well-Being, 7(4), 140-147. https://doi.org/10.35502/jcswb.287
Moury, C., & Escada, M. (2023). Understanding successful policy innovation: The case of Portuguese drug policy. Addiction, 118(5), 967-978. https://doi.org/10.1111/add.16099
Pavarin, R. M., Rego, X., Nostrani, E., De Caro, E., Biolcati, R., Canêdo, J., & Sanchini, S. (2020). Differences between subjects with socially integrated drug use: a study in Italy and Portugal. Journal of Substance Use, 25(4), 449-455. https://doi.org/10.1080/14659891.2020.1736660
Rêgo, X., Oliveira, M. J., Lameira, C., & Cruz, O. S. (2021). 20 years of Portuguese drug policy-developments, challenges and the quest for human rights. Substance abuse treatment, prevention, and policy, 16(1), 1-11. https://doi.org/10.1186/s13011-021-00394-7
Shea, G. (2023, September 5). Is Portugal’s drug decriminalization a failure or success? the answer isn’t so simple. Knowledge at Wharton. https://knowledge.wharton.upenn.edu/article/is-portugals-drug-decriminalization-a-failure-or-success-the-answer-isnt-so-simple/
Ward, Z., Stone, J., Bishop, C., Ivakin, V., Eritsyan, K., Deryabina, A., … & Vickerman, P. (2022). Costs and impact on HIV transmission of a switch from a criminalisation to a public health approach to injecting drug use in eastern Europe and central Asia: a modelling analysis. The Lancet HIV, 9(1), e42-e53. https://doi.org/10.1016/S2352-3018(21)00274-5
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