The change made a year ago to the drug law made the distinction between the quantities of drugs for consumption and for trafficking more confusing, leading to acquittals for suspects who would previously have been convicted.
The change in the Drug Law, in force for about a year, is leading to acquittals of those convicted of trafficking. The new legislation adjusts the distinction between drug consumption and drug trafficking and is leading to reversal of trafficking convictions which would have been almost automatic previously.
In October 2022, the law was changed to include synthetic drugs in the tables of permitted consumption and reduce rigidity in the distinction between consumption and trafficking. Previously, possession of drugs above the quantity considered necessary for 10 days of consumption was automatically classified as trafficking. Now, it is just an indication, and it is up to the defendant to justify that the drug is for personal use.
This legal adjustment has led to the acquittal of defendants, as in the case of a young man from Setubal caught with 44 grams of hashish. Despite being initially convicted, the Court of Appeal of Évora acquitted him, as there was no evidence of trafficking activity, explains .
Despite the flexibility, the law does not offer “free transit” for drug traffickers. In cases of quantities significantly larger than expected, such as a man in Maia with 470 grams of hashish, courts continue to impose convictions. According to Pedro Miguel Carvalho, a criminal lawyer, the courts tend to acquit defendants in smaller-scale situationsbut maintain convictions for cases involving more significant volumes.
Experts differ on the effects of the new legislation. João Goulão, president of the Institute for Addictive Behaviors, believes that the changes have brought benefits by reducing the criminalization of consumption, without causing major social problems. On the other hand, Nélson Carvalho, from the Madeira Addictive Behaviors Unit, criticizes the law for supposedly “legitimizing trafficking”increasing the complexity in the distinction between consumption and sale.
The new approach brought greater subjectivity to decisions judicial processes, forcing prosecutors to carry out more detailed analyses. Military personnel from the GNR and PSP confirm that they continue to detain individuals in quantities above the permitted amount, and it is up to the Public Prosecutor’s Office to decide whether there is a crime. However, the lack of consensus between police and prosecutors has resulted in an increase in archived cases.
