Policy>>Criminal Justice Response

Legislating drug offences

Countries differ in how they legislate to regulate or control drug use, though criminalization is common for key activities.

  • About 38 per cent of reporting countries classify personal drug use as a criminal offence, with this approach most common in Africa and Asia. By contrast, related activities such as illicit crop cultivation or drug trafficking are criminalized in all reporting countries – though this may depend on the circumstances in some countries.
  • Legal frameworks differ in how offences are defined. The use of a quantity threshold to determine criminality is most common for personal use offences; for diversion of precursor chemicals and trafficking offences, the majority of reporting countries do not apply quantity thresholds to determine criminalization.
  • Many reporting countries provide alternatives to conviction or punishment. A large majority, 86 per cent, report such alternatives for personal use offences, while about half report such alternatives for drug production and trafficking offences.