24/09/2025
Chris English
By Ellie Cole
According to the NHS, addiction is defined as not having control over doing, taking or using something to the point where it could be harmful to you. It is possible to become addicted to various things, but for the purpose of this article the focus will be on drug addiction. Substance abuse relates to harmful and excessive use of alcohol, legal drugs and illegal drugs. Disrupting daily life, substance abuse is uncontrolled and can have serious effects on your personal health, well-being and social connections. But if addiction is something we do not have control over, why are individuals suffering from addiction being punished?
Over 25 countries around the world have decriminalised drugs to some degree however in the UK, you can be punished for being in possession of, consuming, making and supplying drugs. According to Government statistics, in June 2024, the prison population in the UK was 87,726. Between April 2023 and March 2024 there were 49,881 adults receiving treatment for drug and alcohol problems in prisons, which is over half of the recorded offender population recorded in 2024. It is estimated that between 40-60% of substance misusers are likely to experience relapse after intervention and treatment. If those individuals are criminalised for their relapse, they could potentially be adding be adding to the over-crowding in prisons.
It is well researched and known, that our prison service is facing an overpopulation crisis, this being further evidenced by the early release scheme introduced in September 2024. The scheme operates by releasing eligible prisoners after they have served 40% of their sentence, instead of 50%. With the remaining time of their sentence being served in the community supervised by probation services. This scheme aims to decrease the prison population, creating capacity and better services in prison.
Decriminalisation is the operation of making an act or omission no longer illegal. Decriminalisation can occur when there is a shift of social thinking towards a particular activity, which can influence a change in legislation. An example of this happening is the Sexual Offences Act in 1967, where homosexual acts between consenting adults was decriminalised. When an act is decriminalised, retribution is removed. In April 2024, Germany introduced the Cannabis Act, which partially legalised cannabis for individuals aged 18 and over. The act states that individuals may possess up to 25 grams of cannabis in a public space and up to 50 grams of dried cannabis at home. Their approach focuses more on harm reduction and treatment by creating drug consumption rooms, where individuals can use illicit drugs in a sterile environment amongst trained professionals promoting health and hygiene.
The alternatives to criminalisation of drugs are vast, for example: a public health approach, diversion programmes, harm reduction strategies and community-based support. We could address addiction from a medical perspective by diverting people found in possession of drugs to treatment or diversion programmes, encouraging and empowering recovery. Decriminalising drugs has many benefits. One of those being a decrease in individuals dying by overdose. In Portugal, drugs became legalised in in 2001. In 1999, according to Statista, there were 369 recorded deaths by overdose. This decreased to 30 deaths in 2016. As well as this, there had been a decrease in the number of individuals in prison for drug related offences dropping from 3863 in 1999 to 1140 in 2017. This suggests that decriminalising drugs could benefit our prison population and the health of those individuals that do suffer from substance misuse.
As mentioned earlier, decriminalisation of an act happens when there is a shift in social morals and values. However, there is a wide misconception that the decriminalisation of drugs in the UK would encourage drug use. Although the statistics in this article have not disproved that entirely, they have suggested that the decriminalisation of drugs encourages safer use of drugs, saving lives and improving the health of substance users with lower overdose rates and drug-related crimes. It is important to note, that the decriminalisation of drugs should not take away the importance of balancing accountability with compassion. Addiction is a health issue which requires evidence based, trauma-informed and compassionate responses that prioritise recovery and dignity.