Decriminalization in Portugal: what has changed in 25 years?
Decriminalization in Portugal marks 25 years. Understand how the model works, what has changed, and why it still attracts attention.
Portugal marks 25 years of decriminalization in Portugal with a model that shifted drug use and possession for personal use out of the criminal sphere and integrated these situations into an administrative framework focused on health, prevention, and harm reduction. The Portuguese experience has returned to the center of the international debate on drug policies.
More than simply ceasing to punish, the country established a pathway to receive, evaluate, and, when necessary, refer individuals to healthcare services. It is precisely this structure that helps explain why the Portuguese model continues to be closely observed by other countries regarding decriminalization in Portugal.
How does decriminalization work in Portugal?
The change regarding decriminalization in Portugal began with Law no. 30/2000, which came into effect on July 1, 2001. The legislation reclassified the consumption, acquisition, and possession for personal use of certain substances as administrative offenses (contraordenações), rather than crimes.
This does not mean that drugs were legalized in the country. Drug trafficking remains subject to criminal law, and possession for personal use remains governed by administrative rules and sanctions.
In practice, a person caught with a substance for personal use can be referred to a Comissão para a Dissuasão da Toxicodependência (CDT) (Commission for the Dissuasion of Drug Addiction).
The objective is to assess the individual's situation and, when necessary, connect them to healthcare services, treatment, and other forms of support.
LEARN MORE: Cannabis exports soar in Portugal in 2026
Cannabis and harm reduction: what has changed?
Cannabis holds an important place within the Portuguese model. According to ICAD, it was the predominant psychoactive substance in cases opened by the commissions in 2024, present in 71% of proceedings.
In the same year, 5,794 hearings were conducted by the Commissions for the Dissuasion of Drug Addiction. Among the individuals involved, 73% were classified as non-dependent.
These figures help demonstrate that the model goes far beyond the mere removal of criminal penalties. There is an administrative structure established to evaluate each case and act primarily in prevention and early intervention.
Portuguese legislation itself stipulates that the commissions consider aspects such as the personal situation, the circumstances of use, and whether the substance use is occasional or habitual.
What does Portugal's experience teach us?
The Portuguese experience also stands out for its continuity.
Over the years, the country has maintained a policy that combines decriminalization, prevention, treatment, social reintegration, and harm reduction. The National Strategy for the Fight Against Drugs recognizes these pillars as core components of Portuguese public policy.
In 2023, new legislation clarified that holding an amount exceeding the average individual consumption threshold for ten days may serve as an indication that the intended purpose is not personal use. However, when it is demonstrated that possession is solely for personal consumption, the case can once again be referred to the dissuasion commission.
In other words: the model has been adjusted over time, without abandoning its administrative framework.
Portugal did not legalize drugs
This is perhaps one of the most common misconceptions when discussing the country.
Decriminalizing is not the same as legalizing.
In Portugal, decriminalization removed certain behaviors related to personal use from the criminal justice system. It did not establish a legal drug market, nor did it freely authorize production, commerce, or trafficking.
The Portuguese model, therefore, is rooted more in a change in how the state responds to substance use than in the unrestricted legalization of these substances.
LEARN MORE: Portugal expands exports and medical cannabis use in public hospitals
Can the Portuguese model be replicated?
The answer is not simple.
According to an analysis published by Cáñamo, Portugal’s experience demonstrates that eliminating criminal penalties alone does not guarantee the success of a public policy. It requires institutions, professionals, healthcare services, and resources capable of sustaining the strategy over time.
The contrast with other jurisdictions reinforces this point. Oregon recriminalized possession of small amounts in 2024, while British Columbia’s decriminalization pilot in Canada also faced restrictions and came to an end in 2026.
After 25 years, Portugal offers a message less about a ready-made formula and more about continuity: drug policies must remain aligned with social reality and supported by public infrastructure capable of delivering care.