The Kye Elements of Australian and Portuguese Drug Policies
Drugs are produced and used in countries all over the world. In many of these countries, namely Australia and Portugal, they attract a significant amount of political and social interest. The vast difference between these countries though, are the drug laws that are enforced. The extent of drug use and drug-related problems within a society is dependent upon the drug policy that is implemented. Australia is embracing more of a harm reduction approach. By comparison, the Portugal drug model is investigating a post-prohibition approach, via the decriminalization of all drugs. Each of these drug policies are based on different philosophies, have different purposes, execute distinctive strategies and have had different effects in the drug use and drug-related harm levels of their society. In this comparative policy analysis, the philosophy, strategies and effectiveness of the Australian National Drug Strategy will be evaluated and compared to those of the National Drug Policy of Portugal.
The Australian National Drug Strategy 2017-2026, is an Australian framework for creating safe and healthy Australian communities through the prevention and minimization of drug related harms. The purpose of this Strategy is the identification of national priorities pertaining to drugs, which have been agreed upon by the Australian Government, key service providers and the community, as well as a commitment to the minimization of harm. The foundation of the Strategy are the three pillars of harm minimization, which is the reduction of demand, supply and harm. A coordinated approach has been in place for dealing with drugs in Australia, since 1985. Since 1985, harm minimization has officially been the leading principle of Australian drug policy, with a strong emphasis on prevention and treatment.
Portugal is perhaps the country with the most liberal laws. In 2001, Portugal launched its nationwide decriminalization law. A number of factors led to the Portuguese Government becoming the first European country to eliminate any criminal penalty for personal possession of drugs such as cannabis, methamphetamine, cocaine and heroin. The monumental decision to reject the “war on drugs” approach, and instead pass the policy of decriminalization was made in response to the catastrophic situation the nation was in, regarding high rates of heroin use, along with overdose, other drug related deaths and HIV infections. Prior to the decision to decriminalize the use, possession and acquisition of all illicit drugs, Portugal was exercising criminalization and incarceration in an attempt to manage the use of drugs, yet the HIV rates among those using drugs remained the highest of all European countries. The integration of decriminalization came after over 20 years of debating between those wanting to help and treat drug users, and those wanting to maintain Portugal’s position on criminalization. One principle of Portugal’s drug policy is that those who are using illicit drugs to extreme levels, have a fear of prison which is causing them to go underground. Another underlying principle of Portugal’s approach to drugs is that imprisonment of those using illicit drugs is much costlier than providing appropriate treatment. Lastly, a public health-oriented approach, with a medical viewpoint, is more efficient than simply viewing drug use problems as a criminal issue.
The main focus on the Australian National Drug Strategy 2017-2026 is harm minimization, with a particular emphasis on abstinence-focused strategies. The strategies that are a part of Australia’s current drug policy are most effective when used in combination, as opposed to separately, and are best tailored to the individual, families, communities and certain population groups and their unique needs. There are four core strategic principles that have been identified to underpin Australia’s drug laws and the commitment to harm minimization. These strategies are evidence-formed responses, partnerships, coordination and collaboration, and national direction and jurisdictional implementation. Evidence-based practice must inform the funding, allocation of resources and application of strategies in order to contribute to an effective Strategy, additionally, evidence is always changing and improving, consequently changing the responses. A significant key contributor to the National Drug Strategy which is foundational to the harm minimization approach of Australia, is the solid partnership between health and the law. Within jurisdictions, at the national level and even at international levels, coordination and collaboration promote positive outcomes, puts available resources to better use, and encourages innovative responses. Australia’s Drug Strategy must be funded nationally, together with state and local governments, and all jurisdictions need to work in harmony for successful implementation of the policy.
There are three strategic documents in which Portuguese drug policy is detailed, including the National Strategy for the Fight Against Drugs 1998, National Plan Against Drugs and Drug Addiction 2005-2013, and National Plan for the Reduction of Addictive Behaviours and Dependencies 2013-2020. A report was requested from the Commission for the National Strategy to Fight against Drugs, assigned in 1998 by the Portuguese government. The ‘fight against drugs and drug addiction report was to include guidelines on the topics of prevention, treatment, social reinsertion, research, training, risk reduction and control. This strategy was predicted as a long-term strategy for the nation, and defines Portugal’s general objectives for the drug field. It included 12 recommendations for varying areas of drug policy, including prevention, treatment, harm reduction, rehabilitation, prisons and drugs, international cooperation, supply reduction and money laundering, legal framework, civil society, research and training, coordination and financial resources. The strategy also recommended that personal drug use be decriminalized. Additionally, in order to monitor public action regarding drugs, the strategy proposed 13 strategic options: decriminalize drug use, primary prevention as the focus, ensure treatment access, harm reduction interventions, emphasize international cooperation, promotion of social reintegration, development of harm reduction and treatment in prisons, cultivate treatment as an alternative to incarceration, expand training and research, increase public investment in the drug field, emphasis the fight against money laundering and drug trafficking, simplification of coordination between departments and the progression of assessment methodologies. These strategies continue to be the basis of current Portuguese drug policy.
Australia’s harm minimization approach towards drug policy is not achieving solely positive results regarding drug use and drug-related harms, including deaths. Despite decreasing levels of illicit drug use since the adoption of the Australian National Drug Strategy, harmful drug use is still a significant public health concern in Australia. Levels of methamphetamine users within Australia have been decreasing, from 2.1% in 2013 to 1.4% in 2016, yet those who are using are doing so at increasingly dangerous levels, therefore proliferating exposure to harm. Despite a decrease in methamphetamine use, this is the drug that 40% of Australians report they believe to cause the most harm to society in 2016, as opposed to just 16.1% in 2013. In regards to cannabis, younger generation Australians have decreased their use, whereas older Australians, ages 50 and older, have increased their use. Australians aged 50-59 years have increased their use of cannabis from 3.5% in 2004 to 7.2% in 2016, and Australians aged 60 years and over have increased their use by a massive 280%, from 0.5% to 1.9% in that same time period.
It was initially feared that the introduction of decriminalization to the Portuguese drug policy would exacerbate the drug problems, and even cause a new problem with drug tourists, becoming the top drug tourist destination. In reality, Portugal’s drug problem improved dramatically in a number of areas, the most notable being the decrease in HIV infections and drug-related deaths. Since Portugal enacted this new law, there has been a significant increase in the number of people volunteering to enter treatment, along with a substantial decrease in the imprisonment of those participating in drug-related offenses. The number of people using drugs who seek medical treatment is on the rise, proposing that removing the fear of incarceration was been helpful in the decision-making. The number of people treated for problematic drug use increased by 60% from 1998 to 2008. When this policy began, over 100,000 Portuguese were using heroin, and this number dropped dramatically to approximately 25,000 in the first 16 years. The number of individuals dying from drug overdoses has dropped 85%, with Portugal’s drug mortality rate currently ranked the lowest in Western Europe. The amount of money that has been saved on enforcement and criminalization has subsequently increased funding for treatment.
The purpose of this comparative policy analysis was to evaluate the philosophy, strategies and effectiveness of the Australian National Drug Strategy and compare to those of the National Drug Policy of Portugal. Australia’s drug policy has a strong focus on prevention and the minimization of drug-related harms, whereas Portugal’s health-related approach emphasizes treatment of drug users as opposed to incarceration through the introduction of decriminalization. Whilst Australia has seen some improved in the decreased number of problematic drug-users, unfortunately the level of drug-related harms throughout the country is still a public health cause for concern. Portugal’s introduction of decriminalization has opened up a source of communication with the society and the government, removing the fear of incarceration and enhancing treatment and health outcomes. Portugal’s radical decision of decriminalization has effectively ended the war on drugs. It is clear that Australia’s drug policy is not having a significant impact on drug-related harms, therefore it would seem prudent to adopt some if not all of Portugal’s extremely effective policies.
