From July 1, 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 narcitics 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 users 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 it's
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, spokes person 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 liberization efforts. The INCB Deputy
Head, Akira Fujino,
says to SvD: '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 importants entry for
heavy drugs into the rest of
Europe.
**************************
Reference: European Monitoring
Center for Drugs and Drug Addiction,
EMCDDA
Svenska Dagbladet,
July 1, 2001
Http://www.svd.seGjörwellsgtan 28
10517
Stockholm, Sweden
Written by: Gunilla von Hall
Translated by Lars
Hedman, 323.851.2821