Effective reduction of drug-related harms would require legislative changes

Current legislation prevents the introduction of some new, effective health and social services. Legislation should enable effective harm prevention and treatment and support access to services. Therefore, drug policy and legislation should be reviewed as a whole and reformed.

Supervised consumption facilities could reduce drug-related harms

An example of an effective harm reduction measure is supervised consumption facilities. They can reduce overdoses and mortality and improve access to health and social services without increasing crime or public nuisance.

"Research shows that supervised consumption facilities can reduce infections, thereby preventing serious health harms and the spread of infectious diseases," says Sanna Rönkä, Senior Specialist at THL.

Fear of criminal proceedings and stigma related to drug use may reduce people’s willingness to seek services, as they may wish to avoid having a record related to drug use in their health data. It is therefore essential to ensure that legislation does not prevent the provision of evidence-based and effective services, nor discourage people from accessing them due to fear of consequences.

Drug legislation should also be reviewed from a preparedness perspective. Recent developments have shown that new substances can emerge rapidly on drug markets and patterns of use may change. Legislation should allow for rapid responses to such developments in order to protect people who use drugs. This could include enabling drug checking services, even if they are not currently seen as urgent.

"In addition to individual measures, broader discussion is needed on how society responds to drug use overall," Rönkä concludes.

THL calls for discussion on removing criminal penalties for drug use

THL proposes that drug policy should be developed so that drug use is addressed primarily through prevention and health and social services. Public discussion should continue on removing criminal penalties for drug use.

THL does not support the legalisation of any narcotic drugs.

Removing criminal penalties does not mean legalisation

Currently, drug use is punishable under criminal law. Alternatively, criminal penalties could be removed and replaced with administrative sanctions.

For example, wearing a seatbelt is mandatory under road traffic law, and failure to comply may result in a penalty fee. However, it is not a criminal offence. Similarly, drug use would remain prohibited, but the associated procedures and sanctions would be lighter.

Legal regulation of drug use can be divided into four models: 1. criminalisation, where drug use is a criminal offence, 2. depenalisation, where drug use remains a criminal offence but is generally not punished, 3. decriminalisation, where drug use is not a criminal offence but may still be prohibited by law and 4. legalisation, where the use, production and sale of drugs are permitted and regulated.