Legal and policy considerations on decriminalisation of drug use and possession for personal use: International legal framework and the UN system common position on drug-related matters

Introduction

Over the past decades, several national drug policies have sought to achieve a balance between law enforcement and health-related measures when addressing challenges associated with drugs.

A number of countries acknowledge the fact that drug use and drug use disorders are a public health concern that requires, above all, an effective drug use prevention strategy as well as access to an evidence-based continuum of drug treatment and care, encompassing a wide range of services.

Jurisdictions have adopted different legislative and policy measures to remove or minimize the role of the criminal justice sector in response to non-medical drug use. Whilst many have strengthened implementation of alternative measures to conviction or punishment, a small number of countries have classified certain drug-related behaviours as fully lawful.

Consistent and precise use of terminology enhances collective understanding of various approaches to key drug policy challenges and reduces the risks of misinterpretation. Terms such as ‘decriminalization’ have been used commonly to describe and/or group countries’ responses, despite very distinct national legislation and policies in place.

Additionally, as some approaches and measures could potentially be incompatible with international law, navigating legal complexities requires careful consideration. The purpose of this note is to discuss the term ‘decriminalization’ as it relates specifically to drug use and cultivation or possession for personal consumption within the context of the international legal framework. Further, these concepts are related to the United Nations system common position on drug-related matters.