[This article is from svenska Dagbladet, July 1, 2001
Gjörwellsgtan 28, 10517 Stockholm, Sweden, Phone: ++46 8 13 50 00
Written by: Gunilla von Hall, Translated by Lars Hedman, 323.851.2821]

Starting today, Portugal introduces Europe's most liberal drug policy. Beginning July 1, 2001, there will be no criminal penalties in that country to use and possess not only cannabis but also heavy drugs such as cocaine, heroin and amphetamines. Portugal's new law raises concerns at UN's Office for Drug Control in Vienna.

Portugal's Government made this controversial decision last November and as from today the new law is in force. It means that there will be no prosecution for personal use and possession of limited amounts of drugs such as cannabis, cocaine and heroin.

Earlier, persons possessing and using small amounts of illegal drugs - even for personal use - could face incarceration in up to one year. From now, only production and commerce in narcotics is punishable. However, if this commerce is to finance one's own habit this is considered a
mitigating circumstance, according to the law.

Anyone arrested in Portugal with less than a ten day supply of light or heavy narcotics in their possession will have the narcotics confiscated. After confiscation, the user will be sent to a special commission consisting of medical doctors, lawyers, and social workers whose job it is to assess the user's personal situation before sending him or her to re-habilitation and/or other treatment. Police have the authority to fine users but the new law states that this is not its purpose.

Portugal's new law views narcotic addicts as sick persons, patients in need of care rather than as criminals. In an interview for Reuter's, Carlos Borges, spokesperson for the Portugese Government, stresses that '..the idea is to get away from punishment toward care'. One problem is
that there are not many care centers and the wait for admission can be long.

Portugal has one of the most serious narcotics problems in Europe. The number of heavy drug addicts has increased sharply in the past ten years and is now estimated to be between 50,000 and 200,000 of a total population of 10 Million. In perspective, Holland with a population of 16 Million has an estimated 25,000 addicts. Portugal has also the highest rate of HIV infections in the European Union.

The UN Office for Narcotics Control, INCB, in Vienna, is less than enthusiastic about the Portugese liberalization efforts. The INCB Deputy Head, Akira Fujino, says to Svenska Dagbladet: 'There is a clear trend in Western Europe to decriminalize use and possession of narcotics and to view addicts as patients. But that seldom solves the addicts personal problems nor reduce the demand for narcotics.' 'Other countries that has chosen a liberal approach such as special injection rooms, are Switzerland, Germany, Spain and Holland', says Mr. Fujino, 'and we are deeply concerned over this trend'. 

He continues: 'The Portugese law can trap more 'at risk' into dependency as well as increase the misery of those already addicted. The law, in effect, says that it's OK to consume narcotics.'

There is also a risk of a spill-over effect for the rest of the European Union, he points out. Portugal is a country that is easy to visit and with a liberal attitude to drugs it can become a powerful magnet for the world's drug merchants. Even today, Portugal is an important entry for heavy drugs into the rest of Europe.

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