The legal framework surrounding ayahuasca in Portugal is complex and nuanced. It reflects a broader global conversation occurring on the intersection of traditional practices, religious freedom, and drug policy. The history of ayahuasca in the country has been influenced by globalization, migration, and evolving attitudes toward psychedelics and alternative forms of healing. A recently published, comprehensive legal opinion, authored by Ana Sofia Machado Ferreira, Francisco Quelhas Lima, and Armando Rocha thoroughly examines the legal framework surrounding ayahuasca in Portugal and discusses its implications for religious and ceremonial contexts.

Clarity is paramount when navigating the legal landscape of ayahuasca in any country. While existing laws in Portugal offer some protections for religious and ceremonial purposes, inconsistencies and challenges persist. The country can establish a legal framework that respects tradition, upholds individual rights, and embraces the transformative potential of ayahuasca within society. As the legal and cultural landscape evolves, it is imperative that legislation supports cultural diversity, honors Indigenous wisdom, and is dedicated to justice and inclusivity.

Navigating legal clarity on ayahuasca in Portugal

This paper traces the roots of the barriers faced by womxn who use drugs to the international drug control system and subsequent national drug policies. It outlines international standards on public health and human rights that provide guidance on the reforms governments must urgently pursue. To elaborate on the needed reforms, the paper also presents country-specific recommendations from civil society organizations to governments in Southeast Asia.

Breaking Barriers and Building Bridges: Navigating justice for womxn who use drugs in Southeast Asia

The UN Commission on Narcotic Drugs (CND) held the first high-level meeting in five years in Vienna on 14th and 15th March, which was the culmination of a 

 of progress made towards the commitments laid out in the 

. The high-level meeting began with a somewhat muted adoption of the “

”  which, after months of fraught deliberations, represents very little actual ‘review’ and mostly a lot of copying and pasting from previous consensus-based UN documents (more than half of the paragraphs being direct repeats of the 2019 Ministerial Declaration). Very problematically, the outcome document entirely fails to acknowledge the 

This distinctly unambitious document does not convey how close the long-revered but increasingly fragile “Vienna consensus” came to formally breaking during negotiations. Having failed to achieve an agreed text, the CND Chair (Ghana) submitted a version for approval by ‘silent procedure’ the day before the High-level segment – a 24 hour window after which the document is considered as agreed unless a member state expresses an objection. It seems that to maintain the veneer of consensus, several member states opted not to follow-through with their threats to torpedo the whole thing.

In the end, the real highlight of the Midterm review was not this weak consensus-based document, but a subsequent 

statement from a coalition of 60 countries*

 led by Colombia. The statement calls for the reform of the international drug control system, recounts the catastrophic consequences of the war on drugs, and underscores the importance of human rights:

“If we want to impact the lives of individuals, households and communities around the globe, we need a transformation in our vision of the world drug policy, based on a realistic evidence-based assessment and a pragmatic response. Therefore, we resolve to jointly review and reassess the international drug control system to ensure weaknesses in implementation are addressed, and that we are appropriately focused on achieving our common goals and objectives to protect the health and well-being of humankind… Starting here. Starting now.”

Crucially, the statement was supported by 27 of the 53 countries that are ‘

. When the Vienna consensus – which is widely recognised as an impediment to more progress being made in this forum – inevitably crumbles, it is only these 53 member states who would be able to vote on an outcome or decision. 

The fact that the majority of the voting members supported the Colombia statement means that this can, in many ways, be considered as the “alternative outcome document” from the Midterm Review.

Unsurprisingly, a response followed from more regressive governments keen to continue the status quo and ignore the harms that current policies are causing. Led by Russia, and after last-minute frantic recruitment, 46 countries** supported a 

 on Friday 15th March. Crucially, only 15 of these are currently CND members. The statement urged countries to “actively promote a society free of drug abuse” and lamented the “legalization of cannabis for so-called recreational purposes”. “The international community should not surrender to the scourge of the spread of illicit drugs, but on the contrary, unify efforts in a more concerted international action with a view of harm prevention”.

Strong, unprecedented and progressive statements also came from Volker Türk, calling for “transformative change in global drug policy”, in what was the first time a UN High Commissioner for Human Rights has presented at the CND in person. Similar calls for human rights-based drug policy were made by the Bolivian Vice-President (who pleaded for the UN to “free the coca leaf” from its current prohibited state, while holding the plant in his hand), and from Colombian President Gustavo Petro (who described the current international system as “anachronistic and indolent”), among others.

Among the world leaders attending was Antony Blinken, the US Secretary of State – whose whirlwind two-hour detour to the meeting included a 

 and a high-level side event to reaffirm the US-led Global Coalition to address Synthetic Drugs Threats, which now includes 151 countries and the USA seeks to recruit more. Blinken highlighted the heart-breaking death toll in the USA because of the fentanyl crisis: “one American dies every five minutes of an overdose”. He called for “prevention, harm reduction, treatment, and recovery support to save lives”, but also doubled down on calls for a scale-up to the prohibitionist approach which has arguably caused the crisis in the first place. In a high-level side event on harm reduction – hosted by Kenya and South Africa with a long list of supporting governments – Rahul Gupta (Director of the US Office of National Drug Control Policy) also talked about a “syndemic” of drug-related harms and the need for harm reduction responses, while INPUD’s Judy Chang told delegates that “we can’t afford to back-track, as we never got to where we needed to be in the first place”. The explicit support for harm reduction from the USA, including in a 

 to be negotiated in the main CND session this week, is an important sea change in these debates – and further shines a light on the UNODC’s ongoing aversion to the term: in the same side event, the Executive Director Ghada Waly delivered some impressive linguistic gymnastics in order to avoid saying the actual words (having run across the building fresh from the USA’s high-level event where she also failed to mention “harm reduction”).

As has now become integral to the CND, civil society was out in force at the high-level meeting – with excellent Plenary interventions delivered by 

 of the African Network of People who Use Drugs, and Diego Andres Lugo Vivas. NGOs were also able to participate in two “roundtables” that took place – with IDPC’s Gloria Lai taking her place on the panel tasked with “taking stock”, while several colleagues spoke at the event designed to “look forward”.

There was also a prominent high-level side event on human rights and the reclassification of the coca leaf led by Colombia and Bolivia at which 

clearly stating that we need a “more responsible - and humane - regulation of the drug market to eliminate profits from illegal trafficking, criminality and violence”. Choquehuanca, Bolivia’s Vice-President eloquently restated his call to end coca leaf prohibition and coca leaf sweets were distributed to the audience. H.E. Ruth Dreifuss, former President of Switzerland and member of the Global Commission on Drug Policy, strongly supported calls for reform and welcomed greater human rights attention in Vienna. H.E. Laura Gil, Colombia’s Ambassador closed the event by proudly referring to the joint statement, noting that in the past she had said, “Colombia is tired” but with this statement, now “60 countries are saying that they are tired” and are ready for a real shift in the drug policy paradigm.

Overall, despite a disappointing “outcome document”, the Midterm Review should be remembered for the growing voices of dissent, the loud calls for a global drug policy transformation, further fracturing of the so-called “Vienna consensus”, and for the agreement by the majority of voting member states of a bold “

*Joint statement delivered by Colombia on behalf of Albania, Andorra, Armenia, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Croatia, Colombia, Costa Rica, Cyprus, Czechia, Denmark, Dominican Republic, Estonia, Finland, France, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Italy, Kiribati, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Panama, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Timor Leste, Ukraine, United Kingdom, United States and Uruguay.

**Joint statement delivered by Russia on behalf of Algeria, Angola, Azerbaijan, Bahrain, Bangladesh, Belarus, Brunei Darussalam, Burkina Faso, China, Côte d’Ivoire, Cuba, Egypt, India, Indonesia, Iran, Iraq, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Libya, Laos, Mozambique, Myanmar, Namibia, Nicaragua, Nigeria, North Korea, Pakistan, Palestine, Qatar, Russia, Saudi Arabia, Singapore, Sri Lanka, Sudan, Syria, Tajikistan, Tunisia, Turkey, the United Arab Emirates, Uzbekistan, Venezuela, Vietnam and Zimbabwe.

'Starting here. Starting now.' Pro-reform coalition led by Colombia calls time on failed drug war at UN high level drugs meeting

Join us for a debrief session on the 67th session of the UN Commission on Narcotic Drugs (CND) to discuss progress, gridlocks and potential ways forward for the UN drug control regime.

Monday, 8 April (13:00 - 14:30 - London time).

, International Drug Policy Consortium (IDPC)

Keynote speaker: H.E. Ambassador Laura Gil

, Permanent Representative of
Colombia to the UN in Vienna

Office of the High Commissioner for Human Rights (OHCHR)

International Drug Policy Consortium (IDPC)

Washington Office on Latin America (WOLA)

, International Indigenous Peoples Drug Policy Alliance

 International Network of People who Use Drugs (INPUD)

Crisis unveiled: Making sense of CND67 for drug policy reform

There was another landmark moment for cannabis reforms last month, ss Germany's upper house voted to bring its 80 million citizens one step closer to legally regulated cannabis access. This follows on from Malta’s recent establishment of a regulated non-medical cannabis availability (through non-profit membership associations), Luxembourg legalising possession and home growing, and ‘research pilots’ of legal retail production and sales in the Netherlands and Switzerland. These European countries have become the new leaders in ending the historic failings of prohibition, with Germany the most politically significant yet.

Transform has supported these reform processes over recent years, acting in an advisory role for the Luxembourg and Maltese Governments, and though ongoing engagement with senior policymakers in Germany, Czechia, and Switzerland. Our efforts continue to support and inform the development of cannabis policies throughout Europe that center public health and social justice. Last year, the newly updated third edition of Transform's 

 was translated into German and distributed to key policymakers.

What are the cannabis reforms happening in Germany?

After several years of debate and political wrangling, Germany’s upper house (the Bundestag) has passed a 

 with a majority (407 to 226). The new Act decriminalises possession of up to 25g of cannabis (50g at home), allows for private cultivation of up to three cannabis plants for personal use, and establishes a framework for licensed not-for-profit membership-based associations (also known as Cannabis Social Clubs) to grow and supply cannabis amongst their members (max 500 per association).



In theory the law will come into force on April 1st. However, it still needs to be passed by Germany’s lower house (the Bundesrat) that represents the 16 German Lander (the sub-national jurisdictions under Germany’s federal government). Some of these more conservative regional Governments, notably Bavaria, are opposed to the reform and may hold up the process. A particular issue has been raised by regional justice ministries regarding the law’s requirement to delete previous criminal records for cannabis (offence expungement), with concerns that the process may overburden their judicial systems. This may mean there would be a ‘mediation committee’ between upper and lower chambers to discuss possible changes to the law - with the expungement element potentially at risk which would be a huge blow for ensuring justice. Whilst it seems very unlikely the new law will be derailed completely, implementation could potentially be delayed until October. A worst case scenario is a longer delay, pushing the reform beyond next year’s general election which, should the current coalition dissolve and the Christian Democrats (who opposed the reform) win, could potentially lead to it being abandoned or, if already passed, repealed.

German cannabis legalisation explained

“The recent national election has seen a change in administration where the party of the prime minister had campaigned for much stricter drug policies,” says Gloria Lai, regional director of Asia for the International Drug Policy Consortium said. “The government has since announced that new laws regulating the cannabis market are expected to pass in mid-2024, which will aim to support only medical use of cannabis, with restrictions on the sale of certain cannabis products and related equipment.”

As Lai explained, this is highly likely to have an impact on the thousands of businesses that have made weed their income over the past 18 months. She has concerns that it will shut out small business owners and local farmers who have been able to make a livelihood from this. The market, she fears, will instead be left to elite or large organizations to profit.

In addition, potentially millions of Thai people, who may not be able to obtain a prescription, could either lose access or face harsh criminalization once again.

With economic factors no doubt a key factor in the initial decriminalization decision, the past year would have been the perfect opportunity for the government to study health and social outcomes of the policy, obtaining data to inform its next steps. However, Lai is unaware of any such studies being carried out.

The motives behind this re-regulation are as murky they were for the initial decriminalization, though Prime Minister Thavisin told 

 in September 2023 that drug problems had been “widespread lately.”

Inside Thailand’s U-Turn on cannabis decriminalization

Amsterdam Mayor Femke Halsema has called for the regulation of the sale and use of cocaine to undermine the economics of criminal enterprises that she said are racking up “billions” in profit.

The mayor, who has also sought to curtail 

 vacationers from visiting the Dutch capital city, has organized a public debate on the matter on Jan. 26 in Amsterdam.

“Let us conclude that hundreds of years of discouragement and repression have achieved very little,” Halsema said in an interview with Dutch newspaper Het Financieele Dagblad. “Apparently people have a need for stimulants. There is a market for that.”

Amsterdam mayor calls for regulation of cocaine as crime thrives

I hope this letter finds you in good health and high spirits. I am writing to you with great concern regarding the proposed Narcotic and Psychotropic Substances Bill that is currently under your consideration.

As a concerned citizen deeply invested in the well-being and progress of our beloved Uganda through the Uganda Harm Reduction Network (UHRN), I am compelled to express my apprehensions and urge you to desist from signing this bill into law.

While I understand the importance of addressing the challenges posed by drug abuse and trafficking, I am concerned that certain provisions in the proposed bill may have unintended consequences for individual freedoms, public health, and the overall development of our society.

The global community has increasingly recognized the need for balanced and evidence-based drug policies that prioritize harm reduction, rehabilitation, and human rights. According to the Uganda police annual report of 2022, 2,797 cases of narcotics/ drugs were reported countrywide, yet of that figure, 1,816 cases were taken to court and only 367 cases secured convictions, most of which were minor offences.

By measure of the Penal Code Act, an offence that attracts such paltry convictions needs deeper scrutiny to find ways of reducing them rather than rolling out tough laws that may be detrimental.

So, the concept of decreasing harm should be important to public policy, yet expressly trying to remove drug-related harms through legislation has never worked in drug control anywhere in the world. In passing the bill, parliament has an assumption that all drug use is ‘abuse’ and that only immediate abstinence is acceptable.

This is counterproductive and prevents harm reduction from being a drug policy priority. So, I respectfully request you, Mr President, consider the following points before making any decisions on the Narcotic and Psychotropic Substances Bill:

Some provisions in the bill may pose a threat to individual privacy and freedom. It is crucial to ensure that any legislation preserves and protects the fundamental rights of Ugandan citizens.

As a result, criminalizing drug use may dissuade people from seeking medical care for drug-related health problems, infringing on their right to health. Punitive measures can stymie harm reduction attempts by making it harder for people to get clean needles, overdose prevention measures, and other health services.

Emphasizing rehabilitation and treatment over punitive measures has proven to be more effective in addressing drug-related issues. Investing in healthcare, education and support services can contribute significantly to reducing the demand for illicit substances.

What we need are diversion programs that redirect people who use drugs away from the criminal justice system into community-based rehabilitation programs. In fact, from my experience at UHRN, such centres further need to be allocated resources and protection to provide accessible and evidence-based treatment for individuals with substance use disorders.

It would be beneficial to align the proposed legislation with international best practices in drug policy. Learning from the experiences of other nations can help in crafting effective and humane policies.

So, since harm reduction approaches aim to minimize the negative consequences associated with drug use, engaging in open and inclusive consultations with various stakeholders, including health professionals, legal experts, civil society organizations and affected communities, is crucial to ensuring a comprehensive and well-informed approach to drug policy.

Mr President, you may not be aware but people who inject drugs need access to clean needles and syringes to reduce the transmission of blood-borne infections, such as HIV/Aids and hepatitis.

I also wish to inform you that organizations such as UHRN regularly conduct public awareness campaigns and educational programs to disseminate information about the risks associated with drug use, safer consumption practices, and harm reduction strategies. These outreach programs have saved hundreds of thousands of people who inject drugs.

Therefore, it is on this background that I advocate for a law that prioritizes public health over punitive measures, decriminalizing personal drug use and possession while focusing on diversion and treatment options.

Mr President, I understand the challenges you face in addressing complex issues such as drug abuse and trafficking. However, I believe that a balanced and evidence-based approach will be more successful in achieving the desired outcomes without compromising the rights and well-being of our citizens.

I appreciate your attention to this matter and trust that you will give due consideration to the concerns I have raised. Your leadership in promoting policies that prioritize the health, welfare, and human rights of our people will undoubtedly contribute to the continued prosperity of our great nation.

Thank you for your time and consideration.

Uganda: Dear Mr President, here’s my appeal to resist signing the Narcotic bill

 has proven to be a complete failure in achieving a drug-free world and reducing the size and power of illegal drug markets. Instead, punitive policies have led to human rights violations, harmed the health of millions, and undermined global security, economy, and social fabric. This punitive approach restricts access to essential pain relief medications and prevents drug users from accessing basic healthcare services. Here we are in the 21st century, and an alarming 80% of the world’s population does not have access to essential pain medications.

In 2019, the U.N. Commission on Narcotic Drugs convened in Vienna and issued a 

 for the next 10 years to strengthen actions at all levels and accelerate the implementation of joint commitments to address the world drug problem. A “midterm” review of the declaration is set for 2024 to evaluate the progress made and ensure ongoing alignment with the objectives.

Nearly five years later, the results are brutally discouraging, which is why this review is so important. To move forward, we need a transparent and evidence-based analysis of reality. We should also assess the recent progress made by U.N. organisms like the General Assembly, the Commission on Narcotic Drugs and the Human Rights Council. The midterm review in 2024 is an opportunity to define a drug policy aligned with the 2030 sustainable development goals and consistent with human rights, the right to health, and the right to economic, social, cultural and political development.

Throughout my career as a lawyer, judge of the Inter-American Court of Human Rights, Peruvian government minister, and human rights expert, I have personally witnessed how 

 in Latin America and around the world have driven violence and mass incarceration. This impact is especially harsh on women, racial and ethnic minorities, and people living in poverty. Moreover, drug prohibition has eroded the traditional, cultural, and ancestral rights of Indigenous peoples, especially in 

 on December 5 with an evaluation of the outcomes of the 2019 ministerial declaration. The forceful report presents solid evidence that drug policies have failed to effectively prohibit and eradicate illegal drug markets, and their connection to citizen 

, I am proud to contribute to the IDPC’s work on drug policy.

Deeply flawed drug policies need urgent reassessment

The conference will present the latest harm reduction developments and innovative practices and discuss drug policy and its implications on people who use drugs and other marginalised groups. It intends to discuss different perspectives on harm reduction, social inclusion and related topics. EHRC provides a platform to create links and synergies between national and European stakeholders. You can read about the previous editions 

6th European Harm Reduction Conference

Unmasking the global failure of the ‘war on drugs’

New report sheds light on governments’ complacency in perpetuating the ‘war on drugs’ despite devastating consequences for millions, and calls for change.

 (IDPC) has exposed the dramatic failure of the current United Nations (UN) strategy to achieve a ‘drug-free world’ and the devastating consequences of the ‘war on drugs’ it underpins. The report urges the international community to call for urgent reform.

Shadow report for the mid-term review of the 2019 Ministerial Declaration on drugs

, details the abject global failure to achieve any of the core objectives of the current UN strategy – the 2019 Ministerial Declaration on drugs. Instead, drug control efforts have resulted in devastating consequences for the security, health and human rights of millions.

“We are at the halfway mark of the current 10-year global drug strategy, yet there has been no effort by governments to conduct a serious evaluation. When governments convene at the UN in March 2024, they are likely to once again rubber stamp a continuation of the catastrophic ‘war on drugs’ that nobody believes will succeed,” said Ann Fordham, Executive Director of IDPC. “Our report steps into the vacuum and brings the evidence to bear on the UN drugs debate. Governments cannot continue to shy away from decades of failure and must urgently correct course. Their continued dereliction of duty will be bitterly borne by communities worldwide.”

Using wide-ranging data from UN, government, academic and civil society sources, the report represents the only comprehensive evaluation of global drug policy, and illustrates its system-wide collapse:

Despite billions spent every year to curb drug markets and availability, the number of people who use drugs increased from 271 to 296 million in four years, reaching a historic record.

The latest global estimates on drug use-related deaths reached 494,000 in 2019 alone (the latest global data available), with a surge in overdose deaths.

The number of people executed for drug offences, in flagrant violation of international law, rose by 213% between 2019 and 2022.

Fuelled by punitive drug laws, the number of people incarcerated worldwide rose from 10.74 million to 11.5 million between 2018 and 2023 - with more than 2 million imprisoned for drug offences.

Globally, only one in five people with drug dependence have access to treatment.

The shocking disparity in access to controlled medicines continues, with over 82% of the global population having access to less than 17% of the world’s morphine.

While this disaster unfolds, the long-held consensus behind global prohibition is fracturing. Since 2019, the number of people who can legally access internationally controlled drugs for non-medical use more than doubled and now exceeds 294 million. In 2023, the UN Office of the High Commissioner for Human Rights became the first UN entity to call for legal regulation to protect the health and security of communities.

“Throughout my career as a lawyer, judge, and minister, I have seen first-hand how drug laws have driven violence and mass incarceration, especially for women, racial and ethnic minorities, and people living in poverty,” said Diego García Sayán, former Minister of Justice and Minister of Foreign Affairs of Peru. “This report should lay the ground for a process of deep reform that sheds the global punitive paradigm and protects the health, welfare, and human rights of people everywhere”.

On 14-15 March 2024, the UN will gather in Vienna for a high-level segment to conduct a Midterm Review of the 2019 Ministerial Declaration on drugs - the current global strategy on drug policy. Between now and March, a series of UN meetings and negotiations are taking place to discuss progress made since 2019, and pave the way for the next five years of global drug policy. It is in this context that this Shadow Report is being published today. More information is 

 is a global network of more than 190 NGOs that works collectively to promote person-centred, rights-affirming drug policies at the national, regional and international levels. 

‘Off track: Shadow report for the mid-term review of the 2019 Ministerial Declaration on drugs’

 on 5 December 2023, at 0:01 CET: For an embargoed copy of the report, please contact jfernandez[@]idpc.net

: global drug strategy adopted by all Member States at the United Nations which seeks to address and counter the world drug situation. 

Campaigns and Communications Officer
International Drug Policy Consortium
jfernandez[@]idpc.net