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Explainer · Myth vs Fact

Decriminalisation, legalisation, depenalisation.

Three terms. Three different policies. A six-minute read to understand what actually changes when drugs are decriminalised, and what doesn't.

Criminalisation

People can be arrested, prosecuted, jailed or given a criminal record for possessing or using drugs.

Decriminalisation

People are not arrested or given criminal records for possessing small amounts of drugs for personal use. Drugs do not become a legal commodity.

Legalisation

The government creates legal rules for producing, selling and buying drugs.

What changes under decriminalisation

Current, the criminal pathway
  1. 01 Police stop
  2. 02 Small amount for personal use found
  3. 03 Arrest
  4. 04 Court
  5. 05 Criminal record
  6. 06 Harder to get a job
  7. 07 Harder to study
  8. 08 More stigma and shame
Future, decriminalised pathway
  1. 01 Police stop
  2. 02 Small amount for personal use found
  3. 03 No arrest
  4. 04 No criminal record
  5. 05 Information and support
  6. 06 Referrals to support services
  7. 07 Access to health & social services
  8. 08 Less stigma; better overall wellbeing

Myth vs fact

Myth

Decriminalisation means drugs become legal.

Fact

Supply and sale of drugs remain criminal offences. Only possession of small amounts and personal use are decriminalised.

Myth

Everyone will start using drugs if drug use is decriminalised.

Fact

Evidence from countries that have decriminalised shows no major increase in drug use. Portugal saw drug use remain stable or decline.

Myth

People who use drugs are a danger to society.

Fact

People who use drugs can be productive, supportive members of society when the cycle of criminalisation is broken and replaced with rights-based health and social services.

Know your rights

People who use drugs have rights. Drug use does not remove your human rights, every person is entitled to dignity, care and equal protection under the law.

Dignity
Healthcare
Equal protection under the law
Freedom from violence
Freedom from discrimination
Respect and humane treatment

The gold standard of decriminalisation

Six principles from IDPC that separate genuine decriminalisation from partial reforms.

01

Don't Punish

Remove all sanctions for drug use and related activities.

02

Support

Promote voluntary access to systems of care and support.

03

Community engagement

Meaningfully involve people who use drugs.

04

Redress

Expunge previous convictions for drugs and develop reparations for affected communities.

05

Compliance

Comprehensively train authorities to ensure implementation and adherence to the decriminalised framework.

06

Health & rights

Redirect resources away from punitive systems towards rights-affirming services.

Source: idpc.net/decriminalisation

Drug use should be a social, health and rights issue, not a crime.

Decriminalisation is not about promoting drug use. It is about treating drug use as a health and social issue and protecting the rights and dignity of all people.

Produced by

The Vusubuntu Coalition

A South African coalition advocating for the decriminalisation of drugs for personal use through approaches grounded in human rights, public health, dignity, and the African philosophy of Ubuntu.

Credits

Authors: Charity Monareng, Lucky Ndlovu, Phanini Lebise · Visual design: Allistair De Jongh

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Take it further

Toolkits for this campaign

Read the full Decriminalisation Toolkit for model arguments, counter-messaging and country case studies, or the Youth Advocacy Toolkit for the campaign planning behind it.