The officialization of the new version of the drug law is getting closer, after the Constitutional Court last Tuesday ratified the decree of the parliament that decriminalizes synthetic drugs and makes a new distinction between trade and consumption. Marcelo Rebelo de Sousa announced that he will issue the diploma, although he still has some memories.
It concerns the decree approved on July 19 by the Assembly of the Republic – with votes in favor of the PS, IL, BE, PCP, PAN and Livre, against Chega and the abstention of the PSD and nine socialist deputies – and which provides in the decriminalization of synthetic drugs and distinguishes between consumption and trade.
In the debate that took place in early July, PS and PSD justified their credentials for the decriminalization of synthetic drugs with the need to differentiate between dealers and consumers, and also warned about the impact these new substances have in the autonomous regions. “Twenty-seven years later, it is necessary to change the legal framework to cover this new and harsh reality,” justified PSD deputy Sara Madruga da Costa, adding that the distinction between consumer and dealer is “fundamental” to the phenomenon. to fight. of synthetic drugs.
The new drug law also stipulates that possession of drugs, regardless of quantity, will no longer be a crime in Portugal. Until now, a mere administrative offense was only considered if the amount did not exceed the average dose deemed necessary for consumption over a period of ten days. If the consumer was caught with a higher amount, it was considered a consumer crime.
The new version stipulates that if this amount is exceeded, “and provided that such acquisition or possession is shown to be for personal use only, the competent court, depending on the stage of the proceedings, shall determine which filing , unless judgment or acquittal and referral to a commission to deter drug addiction”. A wording that, according to the socialist deputy Cláudia Santos, “wants to reaffirm the choice made in favor of prevention and treatment of consumers”.
More work on prevention
The Operational Unit for the Intervention of Addictive Behaviors and Dependencies of Madeira (UCAD) warned on Tuesday that trafficking and drug addiction in the country are “worsening” with the entry into force of the new drug law, which has now been ratified by the Constitutional Court. “If this law comes into effect, it will increase the likelihood of more dealers and more drugs on the streets and will not protect the consumer,” said Nelson Carvalho, director of UCAD-Madeira, stressing that the Assembly of the Republic must go now proceeding with a process of “preventive taxation”, “otherwise I have no doubt that the phenomenon of drug addiction in Portugal will worsen”.
This official believes that the new drug law will make it difficult for the police and judiciary to act and that the organizations active in the field of prevention will instead have “a lot more work” because there will be “much more work” . some gray areas”, making it difficult to distinguish between drug dealers and consumers in terms of the amount of drugs in their possession.
José Goulão, director of the Addictive Behavior and Dependency Intervention Service (SICAD), had also said that the situation has been clear so far and that the new legislation will create a “twilight zone”. “If there is less, it goes to the administrative system. If there is more, it goes to the legal system. And then you have to provide evidence that there is human trafficking. The opposite is of course very complicated, because it is clear that there is no human trafficking.” Someone who is involved in human trafficking will obviously take this and say that the drug was for his personal consumption. That is why there is a semi-shadow zone created by this legislation which, from my point of view, complicates the situation. the understanding that has been done,” he said.
Marcelo will perform
Marcelo Rebelo de Sousa announced on Tuesday that he will enact the drug law, “after the Constitutional Court decided to ignore the position of the Legislative Assembly of the Autonomous Region of Madeira, clarifying an issue important for the application of the diploma , will, once sent, proceed to the entry into force of the decree clarifying the sanctions regime with regard to the detention of drugs for consumption, regardless of quantity, and setting regular deadlines for updating regulatory standards,” reads on the website of the Presidency of the Republic.
Despite the decision to introduce it, the president “drawn attention to the fact that the Assembly of the Republic differed from the government on the sensitive issue of defining the amount of drugs in the possession of anyone who, as a mere consumer, or effective dealer should be considered”. .
with Lusa
Source: DN
