Oireachtas Joint and Select Committees

Tuesday, 12 July 2022

Joint Oireachtas Committee on Justice, Defence and Equality

Sanctions for the Possession of Certain Amounts of Drugs for Personal Use: Discussion

Dr. Nuno Capaz:

I am a sociologist and I work at the Dissuasion Commission of Lisboa. The Dissuasion Commissions are the administrative authorities that were created in 2001 to deal with the procedures regarding the possession of illicit substances for personal usage. In 2001, Portugal decriminalised the possession of illicit substances for personal usage as a part of very comprehensive change in our drug policy. The basic goal was to deal with drug-related issues as a healthcare problem and steer away from the criminal and judicial system. The drug policy change was based on the four-pillar approach and the Dissuasion Commissions were the law enforcement pillar.

Decriminalising drug usage for us meant we downgraded the possession of up to ten days’ use from a criminal offence to an administrative offence. In our legal framework nowadays being caught with a small amount of any illicit substance is very similar to being caught driving without the seat belt on or talking on the mobile phone while driving. It is illegal but is not considered a criminal offence and therefore there is no need to activate the criminal or judicial system. The Dissuasion Commissions were created under the ministry of health and they work as a diversion scheme. When a drug user is caught in possession of illicit substances for personal usage, he is notified to present himself in a structure under the remit of the Ministry of Health, which, after conducting a risk assessment screening, will determine if there will be any administrative sanctions applied or if any sort of suggestion of referral will be made.