The Constitutional Court approved the decision on the decriminalization of synthetic drugs

The Constitutional Court (CC) today upheld the constitutionality of a parliamentary decree that decriminalized synthetic drugs and introduced a new distinction between trafficking and consumption in response to a request for preventive abstract control submitted by the President of the Republic.

At a public reading held at Lisbon’s Ratton Palace, Judge Rapporteur Carlos Medeiros Carvalho announced that “the TC has unanimously decided not to rule on the unconstitutionality” of the regulations of the decree approved by the Assembly of the Republic on 19 July.

The explanation for the decision was backed up by TC Chairman José João Abrantes “on the understanding that for the purposes of the preliminary hearing (…) this matter does not constitute one involving questions concerning autonomous regions”, as Marcelo Rebelo de Sousa justified the dispatch by “lack of consultation” with government authorities of the Autonomous Regions of Madeira and the Azores.

On the 17th, Marcelo Rebelo de Sousa demanded a preventive review of the constitutionality of the diploma, which clarifies the sanctions regime for the detention of drugs for consumption regardless of quantity and establishes regular deadlines for updating regulations.

The head of state also expressed “reservations on the content and in accordance with the understanding that has been coming since the time of President Jorge Sampaio, given, in particular, the current prevalence of new types of drugs in the autonomous regions.” their sanctions regime and the regionalization of medical services, which is fundamental to the application of the new diploma.”

In an application sent to the TC, Marcelo Rebelo de Sousa emphasized the need for the autonomous regions to be heard about the diploma, since, in addition to the “relevant administrative aspect”, it also entails “serious public health implications, with recognized regional specifics” .

The diploma was approved by Parliament on July 19 with votes for PS, IL, BE, PCP, PAN and Livre, against Chega and with the abstention of the SDP and socialist deputies Maria da Luz Rosigny, Carlos Bras, Rui Lage. , Fatima Fonseca, Catarina Lobo, Maria João Castro, Thiago Barbosa Ribeiro, António Faria and Joaquim Barreto.

In a debate in early July, the SDP and the PS justified diplomas decriminalizing synthetic drugs on the need to distinguish between traffickers and consumers, and warned of the impact of new substances in autonomous regions.

Madeira asked the head of state not to pass a new drug law, saying it was a violation of the constitution. In a letter sent to Marcelo Rebelo de Sousa in early August, the President of the Legislative Assembly of Madeira warned against approving the diploma without “respecting the obligation to hear the governing bodies of the autonomous regions”.