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Tony Newman

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Portugal Celebrates 10 Year Anniversary of Decriminalizing Drugs

Posted: 07/06/11 08:15 PM ET

Everyone knows that the war on drugs is a failure. Despite more than $40 billion spent every year on the U.S. drug war and 500,000 people behind bars on drug related offenses, drugs are as available as ever. But what is the alternative? What would happen if a society decided to treat drug use as a health issue instead of a criminal justice issue? What if we stopped the futile effort of using force to decrease drug consumption? What if we decriminalized drugs, not just marijuana, but all drugs like heroin, cocaine and meth?

We've heard the horror scenarios that opponents of drug policy reform recite: more addiction, more broken families and a crazy escalation of crime and violence.

On the other side, advocates for decriminalization or legal regulation say that we would be better off not criminalizing what's a health issue. They advocate for education, prevention and treatment instead of jail for drug abuse and leaving in peace those whose drug use does not cause harm to others.

So who's right? You might be surprised to hear that this isn't just about hypotheticals anymore. Portugal decriminalized all drugs 10 years ago and the results are in: decreased youth drug use, falling overdose and HIV/AIDS rates, less crime, reduced criminal justice expenditures, greater access to drug treatment, and safer and healthier communities.

July 1st was the 10th anniversary of Portugal decriminalizing drug use. In 2001, Portugal decriminalized the possession of small amounts of all illicit substances. Having small amounts of drugs is no longer a criminal offense. It's still against the rules; it just won't get you thrown in jail or prison. It's a civil offense -- like a ticket. Portugal continues to punish sales and trafficking of illicit substances.

In Portugal's thoroughly re-envisioned drug policy, police officers now issue citations -- but do not arrest -- persons found in possession of small amounts of illicit substances. People who receive these citations are ordered to appear at a "dissuasion commission," an administrative panel that operates outside of the criminal justice system. The panel, with two health practitioners and one legal practitioner, examines the individual's circumstances and determines whether to make treatment referrals, issue fines or impose other non-criminal penalties.

Decriminalization in Portugal actually helped reduce the stigma around drug use (without increasing it) and made drug use less politically difficult to talk about. It encouraged better collaboration between law enforcement and service providers, and allowed law enforcement to focus on large-scale traffickers, resulting in increased seizures of commercial quantities of illicit drugs.

The U.S. Drug Czar knows about Portugal's policy, but don't expect him to acknowledge their success. Instead we continue to wage our unwinnable war. June 17th marked the 40-year anniversary of the U.S. war on drugs, a punitive criminal justice approach to drugs that has cost taxpayers more than a trillion dollars, transformed the U.S. into the largest incarcerator in the world, failed to significantly reduce drug use, led to hundreds of thousands of overdose fatalities and HIV/AIDS transmissions, and created shocking racial disparities that exceed those of South Africa at the height of Apartheid.

Our 40 year war on drugs is proof of failure. Portugal is an example of an alternative. It is time for an exit strategy from our longest, costliest war!

Tony Newman is the director of media relations at the Drug Policy Alliance.

 

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12:52 PM on 07/09/2011
Rational, prudent and even wise article; but totally idiotic. The US drug policy isn't about preventing drug use, or solving the problem, its about consuming resources and instilling the authority of the government in all aspects of what was once private. It sends the message that although you may be stoned, the government is right behind you. The enormous sums spent are well spent to make sure everyone KNOWS that they can't get beyond the long arm of the law. I suggest you re-read Machiavelli; it is better to be feared, than loved. And these policies generate vast incomes via prisons, pious training programs and graft. AIDS, overdoses, broken families and the lot are simply not important. And besides, it is far more fun wearing smart, hyper-male uniforms and shooting off powerful firearms than to sit down and talk.
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09:32 AM on 07/09/2011
“Ha! The legalisati­on of harmless drugs like weed is up against the private prison system, the HUGE budget that the various federal and internatio­nal anti-drug organisati­ons get from government every year (which would dry up the instant these drugs were legalised)­, and virtually every police department in the states (keeping these drugs illegal is a great way to entrap snitches and an excuse to stop and search anybody on a whim). Oh, and then youve got Big Pharma, who, unless these drugs are heavily regulated, would lose the net income of a thousand different products because people can self-medic­ate with weed. And the petro-chem­ical industry who dont want competitio­n to synthetic fibres...A­nd all the corrupt Authoritie­s who benefit enormously from elicit kickbacks.­..Factor all these things into account, and there is simply no way in our lifetimes we will see that change manifest..­.”
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09:27 AM on 07/09/2011
The Czech Republic followed suit....and its working well.
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Johnny Bomers
02:55 PM on 07/08/2011
Just stick to the Head in the Sand "Just say No" approach. In the end it costs a little more, but who cares. We can make it up by neglecting our middle class, our elderly and infra-structure. Thank you Washington.
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PuSencer
Where are we going in this handbasket?
02:50 PM on 07/08/2011
the reasons put forth in this article are far too rational to actually be implemented in the US
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Jesse Levine
02:15 PM on 07/08/2011
"Decriminalization in Portugal. . .encouraged better collaboration between law enforcement and service providers, and allowed law enforcement to focus on large-scale traffickers, resulting in increased seizures of commercial quantities of illicit drugs."
This all seems pretty reasonable. Maybe we should just go ahead and do this kind of thing in America. Can the police departments in Portugal offer any tips for departments in places like New York?
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SolarEXtract
12:22 PM on 07/08/2011
I have ZERO respect for our federal government and ZERO respect for the DEA.

Look at this BS report they just released today: http://americansforsafeaccess.org/downloads/CRC_Petition_DEA_Answer.pdf
TomMartin
Freedom and equality.
08:59 PM on 07/07/2011
I don't understand how so many people have failed to examine the sad example of the Prohibition against alcohol. We now have similar symptoms like during the Prohibition era. So I hope more can read about the example of Portugal.
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lawdini
My other micro-bio is a Cadillac.
07:34 PM on 07/07/2011
Thank you for informing the public of Portugal's story. The war on drugs has utterly failed and its high time (no pun intended) for a new approach.
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Brandt931
02:57 PM on 07/07/2011
The War on Drugs failed $1 Trillion ago! This money could have been used for outreach programs to clean up the bad end of drug abuse by providing free HIV testing, free rehab, and clean needles. Harmless drugs like marijuana could be legalized to help boost our damaged economy. Cannabis can provide hemp for countless natural recourses and the tax revenue from sales alone would pull every state in our country out of the red! Vote Teapot, PASS IT, and legalize it. Voice you opinion with the movement and read more on my artist’s blog at http://dregstudiosart.blogspot.com/2011/01/vote-teapot-2011.html
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02:24 PM on 07/07/2011
The prison industry in America has to much of a hold on this country to allow the US to do something that will positively affect the people and negatively affect there infinite revenue stream
06:28 AM on 07/07/2011
It never ceases to amaze me that some quarters of the anti-prohibitionist movement in drug consuming countries, both in the US and Europe, tend to focus exclusively on the demand/consumption side of the equation with total disregard for the supply side.

We may think that Prohibition is having seriously detrimental effects on consuming countries (and they are serious, indeed), but they pale into insignificance when compared to the extraordinary price drug producing countries like Mexico, Colombia, and many other countries around the world are paying.

In my view, what makes legalisation and regulation such critical an issue is the irrationality and devastating effects of Prohibition and the so-called War on Drugs. Therefore, the call for legalisation and regulation should be independent of what type of drugs we deem more or less harmful. I say, let’s legalise and regulate cannabis, by all means, but the same goes for other drugs, both soft and hard. Moreover, let’s legalise and regulate the consumption of all drugs, but the same goes for their production and distribution.

If we want to fight effectively against Prohibition and the War on Drugs one has to look at the whole picture, and not just at consumption. After all, what good is it to legalise the demand while the supply, the real villain in this story, as we have been told again and again, is left to continue prospering in its murderous business?

Gart Valenc
http://www.stopthewarondrugs.org
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12:12 AM on 07/07/2011
and the country is ready for a bailout, any connection?
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10:28 AM on 07/07/2011
No, not really.
Can you come up with a connection?
B doesn't equal F.
05:34 PM on 07/08/2011
The number of countries over there NOT ready for a bailout can be counted on a leper's finger(s).

The fact of the matter is that decriminalization has reduced drug use, crime, and cost of the judicial system, while increasing access to drug treatment and overall community health.

While it may be unintuitive, it IS a proven fact.
07:51 PM on 07/06/2011
My view on the use of drugs was best expressed in 1859 by British philosopher John Stewart Mill in his essay "On Liberty":

“The sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise, or even right...The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns him, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign."

Well said, Mr. Mill.
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neighborhoodmole
no one really knows who anyone is here
08:27 PM on 07/06/2011
Good quote, but I wonder if it is really moral to allow mentally ill adults free to fend for themselves. Most of the homeless population is mentally ill. No one wants to pay for their care anymore, so the convenient excuse of civil liberty is used to leave them be. They become crime victims and die earlier from poor nutrition, lack of access to health care and other hazards of living on the streets. This is not directly related to this article about legalizing drugs, but the same philosophy of do whatever you want as long as you don't hurt anyone else is allowing our society to passively abuse the mentally ill. I realize there is no easy distinction between someone who is mildly psychotic compared to someone who is just eccentric, so to avoid forcibly committing someone wrongly, we now make it very difficult to commit anyone. As a result, we have a large homeless population that is a disgrace to a civilized society, even though they are supposedly free and choosing to live that way.
08:56 PM on 07/06/2011
I don't see your concern being in conflict with JS Mill's view on liberty. I see your concern as a different issue: compassion for those unable to help themselves. Having personal liberty doesn't of itself lead to a lack of compassion.