The Decriminalisation Toolkit

The Policy Spectrum: where decriminalisation sits on the drug policy spectrum, from more punitive to more health-centred: Full Prohibition, Mandatory Minimums, De facto Tolerance, Decriminalisation, Legal Regulation.

De Jure Decriminalisation

The law is formally changed, possession for personal use is explicitly removed from criminal codes. Portugal (2001) is the gold standard example.

De Facto Decriminalisation

The law remains criminal but police are instructed not to prosecute possession cases. Common in many countries, including some in Africa, but without the health system backup.

Health-Centred Diversion

People found with drugs are diverted to health and social services instead of criminal courts. Combines law reform with a functioning treatment system.

South Africa, Constitutional Court Ruling · 2018

The Constitutional Court ruled that private cannabis use and cultivation by adults is legal and protected under the right to privacy. Parliament was directed to amend the Drugs Act within 24 months. Outcome: groundbreaking precedent, first African court to decriminalise private use. Cannabis is now widely de facto decriminalised across the country.

Ghana, Active Reform Campaign · 2021-Present

Civil society organisations, including SSDP-affiliated groups, have been campaigning to decriminalise cannabis possession and cultivation, particularly noting its use in northern traditional communities. Outcome: growing parliamentary support and a government Narcotics Control Board review underway. A historic opportunity for first formal West African law reform.

Morocco, Cannabis Law No. 13-21 · 2021

Morocco legalised cannabis cultivation for medical and industrial use, a significant shift for the world's largest cannabis-producing country. Personal use remains illegal, but enforcement has shifted. Outcome: first formal cannabis legalisation in North Africa, opening the door for broader reform conversations on the continent.

Portugal, Law 30/2000 · Decriminalised 2001

Portugal decriminalised personal possession of all drugs in 2001, coupled with a robust national network of Dissuasion Commissions that refer people to treatment, education, or community service instead of courts. Outcome: drug-related HIV infections fell 95%. Drug-related deaths decreased dramatically. Drug use rates remain among the lowest in the EU. The global benchmark.

Czech Republic, Penal Code Amendment · 2010

Czech law allows possession of "small amounts" of multiple drugs for personal use, cannabis, heroin, methamphetamine, ecstasy, without criminal penalty. Administrative fines may still apply. Outcome: no increase in drug use rates. Significant reduction in drug-related criminal justice costs.

Germany, Cannabis Act (CanG) · 2024

Germany legalised personal cannabis possession (up to 25g) and home cultivation for adults from April 2024, becoming the largest EU economy to take this step. Regulated cannabis clubs allow non-commercial cultivation. Outcome: landmark shift in European drug policy, signals a major change in the political acceptability of drug law reform across the EU.

Australia (ACT), Drug of Dependence (Personal Use) Act · 2023

The Australian Capital Territory became the first Australian jurisdiction to decriminalise personal drug possession for all drugs, effective 2023. Adults found with small quantities face no criminal charges. Outcome: historic precedent in the Pacific, with pressure growing on other Australian states to follow. Queensland and Victoria actively debating similar reforms.

New Zealand, Drug Reform Referendum · 2020

While the 2020 cannabis legalisation referendum was narrowly defeated (46.1% yes), New Zealand's government has committed to health-based drug responses, including diversion away from courts for personal use. Outcome: growing political support. New Zealand's health-first policing approach has already reduced cannabis prosecutions by over 60% in recent years.

Pacific Island Nations, Emerging Conversations · 2022-Present

Traditional plant medicines (kava, kratom) have long occupied a legally ambiguous space across Pacific cultures. SSDP and regional partners are supporting conversations about culturally grounded drug policy reform in Fiji, Samoa, and Vanuatu. Outcome: kava has been internationally recognised as a cultural right. Pacific-led advocacy is growing, connecting harm reduction with indigenous sovereignty arguments.

For Parents & Families

Use when speaking to parent groups, community meetings, or family conversations. "We all want to protect young people from harm. Decriminalisation is about getting help for those who need it, not punishment that makes their lives worse." "If your child was struggling with alcohol, you'd want them to get treatment, not a criminal record. Why should it be different for other substances?" "A criminal record at 18 for drug possession can block a young person from jobs, education, and housing for life. The punishment outlasts any harm from the drug use itself." "In Portugal, parents and families supported decriminalisation because it came with real investment in treatment and counselling, services that were hard to access before." "Decriminalisation doesn't mean we give up on our values, it means we respond with care instead of punishment."

For Faith & Religious Communities

Use when speaking to religious leaders, faith-based organisations, or church groups. "Every major faith teaches compassion for people who are suffering. People who use drugs are often dealing with trauma, poverty, or mental health challenges, they need care, not condemnation." "The punishment of a criminal record can destroy a family. That harm is real and lasting. Decriminalisation protects families, it doesn't weaken them." "Many African and Pacific spiritual traditions have always included plant medicines. Colonial drug laws criminalised Indigenous practices. Decriminalisation can restore cultural dignity." "We can uphold the value that drug use is discouraged while also saying that people who use drugs deserve health care and dignity, not imprisonment." "Decriminalisation frees resources to build healing communities, more treatment centres, more counselling, more family support services."

For Community Elders & Traditional Leaders

Use in community indabas, chief councils, village meetings, or elder consultations. "Our communities have always had ways of dealing with members who struggle, through healing, community support, and reintegration. Decriminalisation aligns with these values, not against them." "The drug laws we have today were not written by our communities, they were imposed by colonial governments for colonial purposes. We have the right and the responsibility to create policies that reflect our own values." "Young people who are criminalised cannot contribute to our communities, our families, or our economies. Decriminalisation protects their futures and our collective future." "The war on drugs has been fought for 50 years. It has not worked. Our youth continue to be arrested, our jails fill up, and drug use continues. It is time for a different approach." "Community healing is the African way. Let us build systems that heal, not systems that exclude."

For Health Workers & Medical Professionals

Use when speaking to nurses, doctors, social workers, or health policy officials. "Criminalisation is a barrier to healthcare. Patients avoid disclosure, miss HIV tests, and delay treatment because they fear arrest. Decriminalisation makes patients safer." "The evidence is clear: decriminalisation reduces HIV transmission, hepatitis C, and drug-related overdose deaths. It is a public health intervention." "WHO, UNAIDS, UNODC, and the Lancet Commission on Drug Policy all recommend decriminalisation as an evidence-based health policy." "Every rand, kina, or dollar spent on incarcerating a person for personal drug use is a rand not spent on treatment, counselling, or prevention." "Our duty of care extends to the policies that shape health outcomes. Speaking up for decriminalisation is an act of professional responsibility."

For Young People & Students

Use when speaking to schools, universities, youth forums, or peer-to-peer conversations. "You shouldn't lose your future over a mistake. A criminal record at your age can close doors that should be open to everyone, jobs, education, travel." "Decriminalisation isn't about saying drugs are harmless, some can be. It's about making sure that if anyone struggles, they can get help without fear of arrest." "The data shows that criminal penalties don't stop drug use, they just make it more dangerous. Health responses actually reduce harm." "In countries that have decriminalised, youth drug use rates have stayed the same or gone down. The 'it'll increase use' argument isn't backed by evidence." "You have the power to change this. Young people have driven drug policy reform in South Africa, Australia, and Europe. Your voice matters."

For Law Enforcement & Security Officials

Use when in dialogue with police, prosecutors, magistrates, or criminal justice officials. "Every hour a police officer spends arresting someone for personal drug use is an hour not spent on violent crime, trafficking, or community safety." "Decriminalisation doesn't remove all consequences, it replaces criminal sanctions with health referrals, which have better outcomes at lower cost." "In Portugal, police were among the early supporters of decriminalisation, it freed their resources and improved community trust." "The criminality associated with drugs comes from unregulated markets, not from people who use drugs. Targeting supply chains, not users, is more effective law enforcement." "Decriminalisation aligns policing with its core purpose: protecting communities from harm, not filling prisons with people who need healthcare."

1. 1
   Lead with shared values, not policy details

   Find common ground first: family, community, youth futures, health, dignity.

2. 2
   Listen first, then respond

   Ask what they know and what their concerns are before launching into talking points.

3. 3
   Use "yes, and", not "but"

   Acknowledge their concern: "Yes, we all want to protect youth from drugs, AND we know criminal records make their situations worse."

4. 4
   One message at a time

   Don't overwhelm with data. Choose the single most relevant talking point and develop it well.

5. 5
   It's OK to say "I don't know"

   Offer to follow up. Credibility is built on honesty, not bluffing.

• UNODC World Drug Report (latest edition), unodc.org/wdr
• EMCDDA European Drug Report, emcdda.europa.eu
• Transform Drug Policy Foundation, transformdrugs.org
• International Drug Policy Consortium (IDPC), idpc.net
• SSDP International resources, ssdp-intl.org
• Release (UK), release.org.uk (key decriminalisation research)
• Harm Reduction International, hri.global
• African network for harm reduction resources, refer to SSDP International for the latest directory