FILTER
An e-tool by IDPC
Decriminalisation refers to the repeal of laws and policies that define drug use and/or the possession of drugs for personal use as a criminal offence. The act remains illegal, but sanctions are administrative or abolished entirely.
21 countries and jurisdictions are reported to have decriminalised drug use or possession of drugs for personal use. However, the models of decriminalisation implemented all over the world vary widely. This e-tool, developed by the International Drug Policy Consortium, aims to map out how these models work in practice, describing their legal framework, the role of the police (if any), the judicial or administrative process, the applicable sanction (if any), and examples of countries illustrating each model. The e-tool enables you to compare the various models of decriminalisation.
De Jure Decriminilisation
Simple possession or consumption of controlled drugs is not a punishable offence; the law clearly distinguishes between personal use and intent of supply to others.
The police do not have the authority to detain people as long as there is no indication of intent to supply.
No further action in the absence of indication of intent to supply.
Confiscation.
De Jure Decriminilisation
Possession not a criminal act but it is an administrative offence.
Police can determine the nature of the offence - if deemed to be possession only, on the spot sanction can be applied, if not referral to criminal justice system.
No further action in the absence of indication of intent to supply.
Confiscation; warning or fine.
Spain; Some Australian states (cannabis only).
De Jure Decriminilisation
Possession not a criminal act but it is an administrative offence.
Police can detain people in possession of drugs and refer them to an administrative body; criminal justice proceedings only start if there is suspicion of intent to supply.
Civil or administrative body determines the appropriate health or social intervention.
Confiscation; warning or fine; referral to treatment; other administrative sanctions.
De Jure Decriminilisation
Possession not a criminal act but it is an administrative offence.
Police can detain people in possession of drugs but has no authority to determine the nature of the offence – the matter is then either referred to state prosecutors or to the judiciary.
Judicial authorities (including state prosecutors) determine if the act falls within the legal parameters set for personal use.
Confiscation; warning or fine; referral to treatment; other administrative sanctions.
De Facto Decriminilisation
Possession is a criminal offence, but police and/or prosecution are given instructions not to intervene based on discretionary powers.
Police does not have the authority to detain people as long as there is no indication of intent to supply.
No further action in the absence of indication of intent to supply.
Confiscation.
De Facto Decriminilisation
Possession is a criminal offence but policy/legislation provides for alternative sanctions to prison.
Police can determine the nature of the offence and decide the sanction, or refer to a senior official or a specialist assessment at the police station.
No further action in the absence of indication of intent to supply.
Confiscation; warning or fine; referral to treatment; other administrative sanctions.
Not aware of a country that takes this approach – there are local examples such as Seattle in the USA.
De Facto Decriminilisation
Possession is a criminal offence but policy/legislation provides for alternative sanctions to prison.
Police can arrest people in possession of drugs but has no authority to determine the nature of the offence.
Judicial authorities have the discretion to refer the individual to treatment or other non-criminal sanctions.
Confiscation; warning or fine; obligatory treatment or community service as an alternative to criminal sanctions.