Comparison of Current Drug Control Policies: UK vs Portugal

This essay explores the current legislation to control the misuse and abuse of prohibited prescription and recreational drugs in society in the UK and Portugal. It compares and contrasts the direction of current legislation on controlling the misuse and abuse of prohibited drugs in the UK and Portugal. The essay also discusses the changing nature of drug crimes, drug classification, and the approaches adopted by both countries to deal with the harms of intravenous drug use.

Comparison of current drug control policies, UK vs Portugal.
Illegal recreational drug use is a societal problem and hence it needs to be
controlled. In the UK (2020/21), there were over 200,000 police recorded crimes
associated with drugs, which equates to a 20% increase from the previous year. It is
currently under researched as to the impact of Covid-19 and lockdown on the nature
of crimes (Khalili and et. al., (2020))) . In contrast, Portugal was the first country in the
world to totally decriminalise personal possession and personal use of the same
drugs, that are criminalised in the UK (Mahlich, Sindern & Suppliet, (2019)). At the
same time frame as the UK, Portugal has seen a 62% drop in drug-related fatality
and virtually zero police reported crime for personal possession and usage
(PNRCAD, 2013/2020).Hence, seeing the dropping rates of drug crimes in Portugal
there lies the need of analysis on the part of UK as well which in detail is discussed
as follows.
This essay will explore current legislation to control the misuse and abuse of
prohibited prescription and recreational drugs in society. Drugs can be referred to as
the altering of the mood, psychoactive substances that is being taken without any of
the concern for an intended usage personal and health wellbeing (Sanchéz-Avilés &
Ditrych, (2018)). Misuse can be defined as the using of the drugs without any of the
prescription for an effect of the use that is often ‘highs’ and the abuse is referred to
as the taking of the drugs without any regard to the intended usage of medical, e.g.
abuse of ‘over a counter’ analgesics/opioids (FDA, NIDA, 2019). The essay will also
compare and contrast the direction of current legislation on controlling the misuse
and abuse of prohibited drugs in the UK (England and Wales) and Portugal.
(Scotland will not be discussed in this essay as the country diverges from England
in that it already follows a health- orientated route. The issue of illegal drug use, is a
public health issue and the way forward is to rehabilitate and help keep then
meaningfully within society, rather than criminalising and locking them away in
prison(Valente, et.al., (2019)) .) The main aim is to assess the target of control
(rehabilitation or criminalise with punishment for possession) and the preferential
efficacy of different approaches.
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Moreover, in UK One major concern is the changing nature of the crime, such as the
distribution of drugs using young vulnerable people, via ‘County Lines’ (Parliament,
UK., 2021). County lines in United Kingdom is a form of organised crime which
involves the exploitation of young people and vulnerable adults and to some extent is
an alternative option to shop lifting to finance a drug habit. Suitable victims are
coerced with gifts from gangs to work for them. The gangs use ‘untraceable’ mobile
phones to control the sale, transport, and delivery of drugs, outside of local areas.
This form of distribution offers anonymity to the criminals and protects the drug
dealers from law enforcement officers, at the expense of the disposable young,
naïve ‘mules/drug runners’ (NCA, 2018). Thus is it required on the part of UK law
enforcement authorities to outline the laws as well as take measures in accordance
of the measures taken by the authorities of Portugal.
Another issue is of drug classification, as the applicability as well as the sentencing
of criminals varies with the stated classification in accordance of the extent of health
aspects. Which sometimes provide the leverage to criminals for escaping from the
liabilities (Carlsen et al, 2016). There are three basic UK classification of drugs,
A,B,C, with ‘A’ the most dangerous to health and risk of creating / satisfying
addiction, through to ‘C’, the least dangerous to health and risk of creating /
satisfying addiction. The penalties currently differ in terms of supply and demand.
Supply is selling, delivery and production, whereas demand, refers to personal
buying, possession, and usage. Penalties currently stand as: Class A, possession 7
years in prison maximum, supply life in prison, down to Class C, passion up to 2
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years in prison and supply up 10 14 years in prison (Gov.UK, 2022). In Portugal,
drug related sentencing is very different to that of the UK. For personal possession
and use of soft drugs (Class B & C), prison sentences have been removed and only
in severe or repeated offences (including Class A drugs), only there lies the measure
of reginal panels for enforcing drug rehab-treatment programs and local
community service (EMCDDA, 2022).
Furthermore. The approaches adopted by the both the countries which is UK and
Portugal differs from each other while effectively dealing with the harms with respct
to the intravenous uses of the drugs. Here the line of difference must be drown as
not all the types of drugs results in causing harm and they are more or less depends
on the ways in which they are used. Whereby In UK in current situation the
consumption of even small amount of controlled or prohibited drugs are considered
as the criminal offense whereas it is not the case in Portugal.
In the UK, the acts of parliament to control the use of drugs in society include: 1971
Misuse of Drugs Act, the 2016 Psychoactive Substances Act, and acts such as the
Drugs Act 2005 (Parliament, UK, 2019). The current position of the UK government
is to put health concerns before criminalisation with approaches such as: education,
prevention, and social support Gov.UK (2021/2). Focus in these areas are now
aimed at reducing self-harm (damage limitation) and improving education and social
support during and post compulsory education age. The two real focuses are drug
use prevention in the first place, and helping people already involved with drugs,
recover a meaningful place in society without criminalising their position. This
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change of direction reflects the recognition of the seriousness of problems
surrounding drug use. The UK (and particularly Scotland) has the highest rate of
drug related deaths in Europe (Parliament, UK, 2019) with 2,670 deaths in 2018,
directly attributed to drug misuse, which is an increase of 16% since 2017 (this figure
could be considered slightly low as in only includes drugs as a direct, singular cause
of death). This situation has pressurised the government via the criminal justice
system to embrace a health approach and damage limitation focus to drug policy,
rather than the old policy of criminalisation for possession and use of illegal drugs,
and custodial punishment sentences. In doing so responsibility for drug misuse is in
the process of moving from the sphere/influence of the Home Office to the
Department of Health and Social Care (Parliament, UK, 2019).
The 2021, UK Government initiative (Gov.UK, 2021/2) is proposing that there is a
need for a long-term (10 year), strategical plan for dealing with UK’s drug problem.
This plan intends to deal with both supply and demand of illegal drugs. That is,
further criminalising ‘supply’ (production/supply) through tougher legislation, set
against further decriminalising personal use/possession and offering health-based
solutions / education, to a health-based problem in society. Overall, this strategy is
focused on multiple approaches, supply in terms of specific funding to deal with
‘County Lines’ and creating a challenged environment for criminal activity to take
place with anonymity. Secondly, reducing demand by investing £780 million in
improving user treatment, rehab, and recovery. Thirdly, stopping demand before it
starts through improved, targeted, and universal education of young people
(Gov.UK, 2021/2).
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In comparison to the UK, Portugal’s long-term plan has been for a number of years,
similar to what the UK is proposing abuse (Kherad, O., and et. al., (2020)). That is,
decriminalised possession and personal use of recreational drugs, which has to
some extent, been successful at stopping new users, similar limited success at
helping addicts with ‘rehab’ by implementing a more health focused regime, as with
Scotland SAC,(2019). However, it is interesting to note, that this approach has not
been as successful as hoped in removing stigmatisation and marginalisation of drug
users (RÊGO, et al 2019). Portugal are now proposing to reverse their approach to
drugs and implementing more punitive criminalisation of drug possession, use and
abuse (Caldeira, D., and et. al., (2018)).
The government of the United Kingdom must get engaged in the examination of the
Portuguese system wherein the decriminalisation was being implemented long time
ago, approximately 20 years as one of the part of approach to the drugs. It included
improvement in the services of treatment, introdiuction of the interventions rekating
to the harm reduction, social support, better education facility for preventing it
(Vicknasingam, B., and et. al., (2018)). The possession of the decriminalisation for the
personal usage involves saving of money from a system of criminal justice which is
invested effectively in the treatment and prevention.
In conclusion, Portugal moving from liberalism (decriminalisation in terms of the law)
to punitive (criminalisation in terms of the law) over recreational drug use and the
UK embracing the opposite, punitive to liberalism. It is becoming apparent that both
approaches are still lacking at some or other points and fails in ensuring the required
needs of the time. , . The minor use or possession of drugs for the recreational
purposes, should be age limited while making it legal (as with alcohol) whereas the
dealing/supply of recreational drugs should be further criminalised is the approach
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used by the United Kingdom whereas Portugal is aiming in ensuring the complete
ban of drug usage in the country. .
References
Bajekal. N. (2018). Retrieved from: Want to Win the War on Drugs? Portugal Might
Have the Answer | Time
EMCDDA. (2022). Retrieved from: Penalties for drug law offences at a glance |
www.emcdda.europa.eu
FDA, NIDA, (2019). Retrieved from: What Is the Difference Between Misuse and
Abuse? - Coalition for a Drug-Free Clermont County (drugfreeclermont.org)
Gov.UK (2021/2). Retrieved from: https://www.gov.uk/government/publications/from-
harm-to-hope-a-10-year-drugs-plan-to-cut-crime-and-save-lives
Gov.UK (2022). Retrieved from: Drugs penalties - GOV.UK (www.gov.uk)
NCA, (2018). Retrieved from: County Lines - National Crime Agency
Parliament, UK (2019). Retrieved from: Drugs policy (parliament.uk)
Parliament, UK (2021). Retrieved from: Drug crime: Statistics for England and Wales
- House of Commons Library (parliament.uk)
PNRCAD, (2013/2020). Retrieved from: Portugal | Drug Policy Facts
Khalili, M., and et. al., (2020). Interventions to improve adverse drug reaction reporting: A
scoping review. Pharmacoepidemiology and Drug Safety, 29(9), pp.965-992.
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Mahlich, J., Sindern, J. & Suppliet, M., (2019). Cross-national drug price comparisons with
economic weights in external reference pricing in Germany. Expert review of
pharmacoeconomics & outcomes research, 19(1), pp.37-43.
Sanchéz-Avilés, C. & Ditrych, O., (2018). The global drug prohibition regime: prospects for
stability and change in an increasingly less prohibitionist world. International
Politics, 55(3), pp.463-481.
Kherad, O., and et. al., (2020) The challenge of implementing Less is More medicine: A
European perspective. European journal of internal medicine, 76, pp.1-7.
Caldeira, D., and et. al., (2018). Suspected adverse drug reaction reports with oral
anticoagulants in Portugal: a pharmacovigilance study. Expert Opinion on Drug
Safety, 17(4), pp.339-345.
Vicknasingam, B., and et. al., (2018). Decriminalization of drug use. Current opinion in
psychiatry, 31(4), pp.300-305.
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