8.2 Examples of Decriminalization

Some version of drug decriminalization exists in over 30 countries around the world (IDPC, 2022). Although most of these efforts at decriminalization are a product of the twenty-first century, decriminalization is not a new policy. For example, in 1976, the Netherlands introduced a decriminalization framework that made possession and supply of soft drugs (e.g., cannabis) the lowest priority for police and prosecutors, and permitted the possession of single doses of harder drugs (Rosmarin & Eastwood, 2012). During the 1970s, 11 US states adopted cannabis decriminalization, making the possession of small amount of cannabis for personal use a non-criminal offence (Mooney-Scott, 2010). And, in 1987, South Australia (SA) decriminalized cannabis, “introducing an option to pay a fine instead of receiving a criminal charge” (ADF, October 13, 2023, para. 8). This section outlines some key aspects of more recent drug decriminalization efforts in Portugal, Oregon and the USA, and Canada.

Portugal  

In 2000, Portugal decriminalized the possession of all drugs for personal use (Greenwald, 2009). Since then, drug possession/use is no longer treated as a criminal offence (Transform Drug Policy Foundation, 2021). However, if the police find someone in possession of a drug, the substance is confiscated and the person is referred to a panel of experts, known as Commissions for the Dissuasion of Drug Addiction (CDT). CDTs have the power to impose fines and refer PWUS for treatment services (Transform Drug Policy Foundation, 2021; Greenwald, 2009). In addition to decriminalizing drug possession, Portugal also implemented and expanded programs aimed at helping people experiencing substance use disorders (SUDs) (Greenwald, 2009) and has moved to an evidence-based approached to drug education (Transform Drug Policy Foundation, 2021).  Click the link below to learn more about how Portugal tackled its drug problem.

VIDEO: How Portugal Successfully Tackled its Drug Crisis

This video explores the Portugal’s unique approach to drug policy and to helping people experiencing substance use disorders (SUDs). (Click “Watch on YouTube” below to access the video).

Oregon & USA

In November of 2020, Oregon passed Measure 110 and became the first state in the US to vote to decriminalize the possession of small amounts of illegal drugs (Transform Drug Policy Foundation, 2021; DPA, 2021; Lopez, 2020). Although the Measure was approved by 58% of voters in 2020 (Rush, September 1, 2024), Oregonian’s quickly became disillusioned with the policy change and on Sunday September 1, 2024, drug decriminalization ended in the state. According to the Drug Policy Alliance (February 2024, p.1), the failure of the policy was the result of “an intense disinformation campaign by drug war defenders and by Oregon leaders who scapegoated Measure 110 [and PWUS] for every social issue in the state.”

Oregon’s House Bill 4002 reinstates the prohibition on possession of small amounts of illegal substances. The new Bill makes possession of illegal substances for personal use a criminal misdemeanor punishable with up to 6 months in jail. The House Bill also permits counties to opt into a “deflection program”. Such programs allow counties to refer people to treatment programs instead of jail. As of September 1, 2024, 28 of the state’s 36 counties have applied for grants to fund deflection programs (Rush, September 1, 2024). However, since counties are permitted to opt in or not, and those that opt in have “broad leeway” to “craft their own deflection systems” this will likely lead to disparities in how PWUS are treated across the state (VanderHart, August 22, 2024, para. 35-39).

Click the following links to learn more about what lead to the demise of Measure 110 in Oregon and House Bill 4002:

Oregon’s Measure 110: What Really Happened.

Drug possession is a crime again in Oregon. Here’s what you need to know.

Canada

Decriminalization is not strictly limited to the personal possession of illegal drugs, but also extends to legal exemptions from criminal charges in situations where a person may normally be charged. The Canadian Good Samaritan Drug Overdose Act (2017), for instance, provides protection to people who call 911 in the event of a drug poisoning (overdose), even if the person making the call has consumed and/or is in possession of an illegal substance (Moallef et al., 2021). Other examples of exemptions in Canada include safe injection sites/safe consumption sites (SIS/SCS) (See Chapter on Harm Reduction), where drugs can be tested prior to use, clean/safe supplies/equipment are provided, and Narcan is readily available in the event of drug poisoning (overdose) (WHO, 2021).

Currently in Canada, in response to the opioid crisis and the rate of toxic drug poisoning (overdose) deaths, there is a push to decriminalize the possession of small amounts of all controlled substances. The recommendations of the Health Canada Expert Task Force on Substance Use (2021) support this position (see below). The Canadian Drug Policy Coalition’s (CDPC) 2022 report, Decriminalization Done Right (see below), goes even further in their recommendations, calling for the full decriminalization of not only possession for personal use, but also sharing and/or selling in certain circumstances (i.e., for subsistence, to help with costs associated with personal use, and to ensure a safe supply) (CDPC, 2022).

An example of a stop-gap measure related to the Health Canada Expert Task Force recommendations, is the CDSA subsection 56(1) exemption granted to British Columbia in 2023 (from January 31, 2023 to January 31, 2026), to assist with efforts to respond to the drug poisoning (overdose) crisis in the province. Under the exemption adults found in possession of small amounts of certain illegal drugs for personal use are not subject to criminal charges (Canada, September 14, 2023, para. 2). The exemption was amended in May 2024 at the request of the Government of B.C. The provincial government requested that the exemption be modified to make it illegal to consume illegal substances in public spaces in the province (Health Canada, September 7, 2024). According to the amendment, Adults are still permitted to possess small amounts of illegal substances for personal use, but can only consume them “in private spaces and legal residences, overdose prevention centres, or other facilities operated by harm reduction organizations” (Singer, May 8, 2024, para. 4).

Click the following links to learn more about the B.C. Health Canada exemption:

No, Canada did not recriminalize drugs in British Columbia. CATO Institute.

 
Click the following links to learn more about recommendations for decriminalization in Canada:  

Decriminalization Done Right: A Rights-Based Path for Decriminalization Policy (Read Pages 2-4)

Report #1: Recommendation on Alternative to Criminal Penalties for Simple Possession of Controlled Substances  (Read Executive Summary Pages ii-iii)

 
VIDEO: Canada’s Police Chiefs Call for Decriminalization of Drug Possession for Personal Use

In this video we hear from Canada’s chiefs of police about their recommendation to end the prohibition of simple possession of illegal substances.