The Act provides for several procedural procedures, including the application of measures and sanctions to discourage drug use and promote health. The resulting doubts, explains the prosecutor, in “four positions: (1) that these behaviors were punished neither as a crime nor as a contraor; (2) that such conduct would somehow incorporate the crime of trafficking in human beings (…); (3) that such conduct would be part of the prevention envisaged (…); that such conduct would constitute the crime of drug use committed by … DL 15/93, which interprets the annulment rule … of Law 30/2000 restrictively, since it does not cover acquisition and retention for consumption in a quantity greater than that required for ten days`. People found in possession of small amounts of drugs are given a subpoena. The drugs are seized and the suspect is questioned by the Drug Persuasion Commission (CDT). These committees are composed of three people: a social worker, a psychiatrist and a lawyer.   The Declassification Committee has powers comparable to those of an arbitration board, but is limited to cases of use or possession of small quantities of drugs. There is a CDT in each of Portugal`s 18 districts.
Cannabis is the plant from which various recreational drugs are extracted, such as marijuana/herb (plant flowers) or hashish (made from plant resin). It is also known as “pot”, “joints”, “marijuana”, among other names. It is the most consumed illegal drug in Portugal. Binding case law was thus established, indicating that, although Law 30/2000 repealed Rule 15/93, which criminalized consumption and imprisonment for consumption, it remained in force “not only with regard to culture” [that Law 30/2000 expressly went beyond decriminalization], but also with regard to acquisition or possession for personal consumption. of plants, substances or preparations listed in Schedules I to IV [only the tables relating to Law 15/93], in quantities greater than those required for average individual consumption during the ten-day period`. Of course, it always depends on the type and amount of cannabis consumed. However, recent studies report an average THC concentration of 12% in the most commonly consumed types of cannabis, and some qualities of cannabis, such as skunks, can reach more than 25% THC. Cannabis is considered “highly effective” if it contains >10% THC, and these properties seem to have a greater impact on mental health. And he quotes another voice of the loser in the same judgment: “As Councillor Maia Costa`s vote best shows, `the majority position.
comes to a paradoxical conclusion: the creation of a new crime called “acquisition and possession of illicit drugs for personal use, in excessive quantities”, which is, after all, a crime of trafficking, since the risk of the arrested drugs being placed on the market would be protected. The committees have a large number of sanctions if they rule on the offence of drug use. Possession of cannabis is punishable if it is intended for personal consumption, limited to 25 g of flowers, 2.5 g of cannabis, 5 g of hashish and 2.5 g of cannabis oil.  Limit values are set by ten daily doses. If they are exceeded, it is considered a criminal offence and can be drug use or drug trafficking. In 2017, there were 58 prison sentences for drug use, 51 suspended and seven effective, according to the SICAD report. In Portugal, health care for drug addicts is mainly organized by the public system of services to combat toxic drug addiction within the framework of the Institute of Drugs and Drug Addiction and the Ministry of Health. In addition to public services, certifications and protocols between NGOs and other public or private treatment services ensure full access to services covering different treatment modalities. Public services are free and accessible to all drug users seeking treatment. If the person is addicted, they may be committed to a drug rehabilitation centre or transferred to community service if the Deterrence Committee determines that it best serves the purpose of keeping the offender out of trouble.
The committee cannot determine mandatory treatment, although its guidelines are to get loved ones to start and stay in treatment. The Committee has the explicit power to suspend sanctions conditional on voluntary inclusion in treatment. If the offender is not a drug addict or does not want to receive treatment or community service, he or she may be fined.     In Portugal, the recreational use of cannabis is prohibited by law. In July 2018, a law was passed authorizing the medical use of cannabis in Portugal and its distribution in pharmacies. Portugal has so far signed all the United Nations conventions on narcotic drugs and psychotropic substances. With the 2001 decriminalization project, users were seen as patients rather than criminals, but the crackdown continues. But critics of this drug policy, such as the Association for a Drug-Free Portugal, say drug use has increased across the country, saying the benefits of decriminalization are “exaggerated.”  Dr.
João Goulão, a member of the committee that developed the 1999 drug strategy, considers this to be “a biased understanding of the legislation: the objective was that it does not happen that the use leads to a conviction”. What distinguishes whether it is a crime or not are the quantities seized: up to 5 g of hashish or 25 g of weed are not considered a criminal offence, but the person can be warned to contact a drug commission or be fined (fine, community service, seizure of a driving license, B. prohibition of visits to certain places, regular demonstrations at the police station, etc.). Persons who are asked by the security forces (PSP and GNR) to purchase, possess or consume illicit psychoactive substances in quantities not exceeding the average individual consumption provided for by law are taken to the CDT of the capital of the district where they reside (Law No. 30/2000 of 29 November). In this service, he is heard by technicians trained in additive behaviors and addictions, and their situation, of consumption and violation, is evaluated. “The state lacks the legitimacy to punish private drug use, both `hard` and `light` (as for most reasons). In fact, drug use, especially the use of light drugs in the private sphere by adults, lacks an ethical content that determines punishment. Prosecutor Ricardo Cardoso, former president of the Union of Public Prosecutors, called it a “bad legislative technique”.
This, he wrote in a piece published in January in the Journal of the Center for Judicial Studies, immediately raised many doubts among both its candidates and drug addicts, and “provoked lively jurisprudential and doctrinal debates about the punishment of employment and detention behavior for consuming the amount required for average individual consumption over a period of more than ten days.” The policy included several methods to reduce the spread of HIV, including: harm reduction efforts; inform the public, especially the most vulnerable groups, about the spread of HIV; the establishment of treatment facilities and facilitating access to treatment for drug abusers; The establishment of deterrence commissions to persuade drug addicts to seek treatment and, most importantly, all drug treatment and control units have been reorganized into a comprehensive unit. In addition, the current practice of exempting addicts from drug addicts has been codified in a new law. The law (Law 30/2000) maintained the situation of illegality by the use or possession of a drug for personal use without authorization. For drug addicts, however, the case was considered a misdemeanor.  The power to impose penalties or penalties in such cases was transferred from the police and the judiciary to so-called dissolution commissions if the quantity in possession did not exceed a ten-day delivery of this substance.  As with other additive drugs such as cocaine and heroin, it is possible to develop tolerance to cannabis, which means that it is now necessary to consume more cannabis to achieve the same effects as at the beginning of use. Portugal`s drug policy, known as the Drug Strategy, was implemented in 2000 and entered into force in July 2001. The aim was to reduce the number of new HIV/AIDS cases in the country, as it is estimated that about half of new cases are due to injecting drug use. In view of the confusion and since the legislator did not resolve it, two contrary decisions of the Porto Court of Appeal in 2006 – one which ruled that even if the quantity fixed for the consumption of ten days was exceeded, it was still an offence, and the other in which it was presumed in the same circumstances that there was an offence of consumption, led the prosecutor to propose to the Supreme Court that: The case law was based on the meaning that “the acquisition or stockpiling of drugs for personal consumption in excess of that required for average individual consumption during the ten-day period is part of the planned disposal (…) Law No. 30/2000”.