Is decriminalising drugs enough? Navigating alternatives to prohibitionism

Jorge Quintas • Ximene Rêgo

Keywords

decriminalisation, drugs, cannabis, alternatives to prohibitionism

Abstract

This article provides an overview of Portuguese drug laws, highlighting their unique features, current limitations, and ongoing challenges. Although Portugal has decriminalised the use of all illegal drugs, certain aspects reflect the ambivalence of its legal approach toward drug users. The reinstatement of drug use as a criminal offense by the Supreme Court between 2008 and 2023 — when established quantity limits under the decriminalisation framework are exceeded — the continued criminalisation of self-cultivation, social supply, and small-scale dealing to support personal use, keep drug users entangled in the criminal justice system. The enforcement of drug laws has led to an increase in legal actions against drug users, while the broader impact of decriminalisation on drug use and crime rates remains limited. Finally, to explore alternatives to prohibition, the article reviews international experiences with cannabis legalisation, aiming to foster a broader discussion on the potential regulation of drug markets.

https://revista.aps.pt/en/is-decriminalising-drugs-enough-navigating-alternatives-to-prohibitionism/​