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Portugal:
Decriminalization of all Illicit Drugs
Portugal is a nation
plagued by many of the drug problems that persist in Europe. Unlike many
of its neighbors who have witnessed a reduction or stabilization in the
opiate addict population, Portugal's addict population and the problems
that go along with addiction continue to increase. In an effort to reduce
the number of addicts in the prison system, the Portuguese government
has an enacted some radical policies in the last few years with the eventual
decriminalization of all illicit drugs in July of 2001.
Until July 1, 2001,
drug use, possession, and acquisition in Portugal were punishable by penalties
up to 3 months in prison or a fine for small quantities. For amounts that
exceeded a three-day supply, the penalty was up to a year in prison or
a fine. Then in April 2001 a Regulation Decree was adopted and led to
the implementation of the November 2000 law, Law 30/2000. On July 1, 2001,
Law 30/2000 took effect in Portugal, decriminalizing drug use, possession
and acquisition for the "casual" user as well as the addict.
While drug use, possession,
and acquisition are still illicit activities in Portugal, these acts have
been decriminalized. Acts that could once bring a prison sentence
of three months to a year will now result in the confiscation of the illicit
substance and a referral, not to a trial, but to a three-person commission
to evaluate the offender. Under this new law, non-addicts may receive
monetary fines or other penalties, while addicts will only receive non-monetary
penalties. The three-person commission will most likely consist of a lawyer,
a doctor, and a social assistant to evaluate the individual's level of
addiction and recommend treatment options with the goal of rehabilitating
the offender. Administrative sanctions may be used, but are not the primary
objective of this new law. This new law did not legalize drug use, but
removed criminal penalties for use, possession, and acquisition for all
illicit drugs in quantities up to a 10-day supply.
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