APDES: Prohibition on legal highs will not work

On the 17th of April last year, Portugal implemented a law banning any commercial activity related to so-called New Psychoactive Substances (NPS). The regulations created an interim table, initially listing about 160 substances (phenethylamines, tryptamines, cathinones, synthetic cannabinoids and some plants). Within this legal framework, trading listed NPS is deemed to be a misdemeanor, with offenders subject to a fine. Listed substances, if proven toxic within a maximum period of 18 months, pass on to the definitive criminal table. During this time, fines can go up to € 3,740 in the case of individuals and € 44,890 in the case of legal persons.

Possession of substances for consumption comes under the same legal framework as other types of illegal substances, given that drug use is decriminalised in Portugal. To avoid the black market becoming the sole destination for the substances already in circulation, the government has announced a 15-day "amnesty": During this period, anyone can go to the nearest police station and hand in any substances they have, without fear of prosecution. Traders tried to get around this with marketing ploys: In the days leading up to the ban, the largest distribution chain of NPS in Portugal announced deals such as "two for the price of one”, in order to off-load stock.

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