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dealt with by a civil penalty. Portugal has not changed the legal status of any drugs. They all remain illegal, however, the offence for possession has been changed from a criminal to a civil one. Here is how the system works. Portugal decriminalised use and possession of all drugs in a way that moves the focus from criminal punishment to treatment. Drugs are not freely available, and they cannot legally be sold. If you are caught with a possession quantity of a drug, there are still civil consequences. Portugals policy does not differentiate between the type of drug whether it is a hard drug like heroin or a soft drug like cannabis, there is no difference. If a person is found with a small quantity of a narcotic (dened as 10 days worth for personal use), the drug is conscated and the person is summoned to a panel called the Comisses para a Dissuaso da Toxicodependncia (Commission for the Dissuasion of Drug Addiction). The Commission is comprised of a social worker, a psychiatrist and an attorney. They assess the person. If the Commission nds the person has an addiction problem, treatment is offered or community service is ordered. It cannot impose compulsory treatment, only offer it. The Commission can also impose other civil sanctions on people caught with drugs. These can be anything from a 25150 ne to the suspension of a professional licence (like that of a teacher, doctor or taxi driver) or a ban on visiting certain places and people.
The manufacture, importation and sale of drugs is still very illegal. Even growing your own cannabis is still a criminal matter, as is the possession of cannabis seeds. Dont worry if you were confused even academics and people in the alcohol and other drug sector routinely get this mixed up. Because of the competing ideologies and feelings about drug use, peoples interpretation of the evidence is often skewed. In fact, a 2012 paper by Hughes and Stevens examines how pro and anti academics have misinterpreted data and evidence around Portugals drug policy. The paper points out that there have been clear misconceptions about the reform in the media and in prodecriminalisation and antidecriminalisation camps. Clear as mud? In essence, Portuguese drug policy has shifted the penalty for drug use from a punitive criminal focus to a health, treatment and reintegration focus. The Police and judicial systems are no longer being used to punish people using drugs for a crime. They are being used to help people with a health problem get healthy and stay that way. Its not a forced process; even the name of the panel people go to if they are caught with drugs reects that theyre for the dissuasion of drug addiction.
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