The Law and Drug and Substance Abuse

Progressive legal frameworks are one element of a comprehensive response to address drug and substance abuse, as reflected within our Theory of Change. Any legal change to address drug and substance abuse has to be accompanied by a comprehensive approach supported by laws, policies and programmes that put the autonomy and the rights of young people at the centre.

The basics of legal responses to drug and substance abuse

Definition and Scope

Drug and substance abuse refers to the harmful or hazardous use of psychoactive substances, including alcohol, tobacco, and illicit drugs. Addiction is a complex condition marked by the compulsive use of substances despite harmful consequences. Dependence is characterised by withdrawal symptoms, increased tolerance, and persistent drug-seeking behaviour.

Internationally, the term children and adolescents includes individuals under the age of 18, in accordance with the United Nations Convention on the Rights of the Child (UNCRC, 1989).

Why Legal Frameworks Matter

Every country has a legal duty to regulate access to harmful substances to protect children from abuse, harm, violence, and exploitation. Laws addressing drug and substance abuse must be embedded in a broader legal and policy framework that tackles root causes such as poverty, trauma, peer pressure, and systemic inequality.

A comprehensive legal approach should cover:

  • Regulation of Sale and Distribution: Laws should restrict marketing, mandate taxation, control packaging, and enforce penalties for selling to minors.

  • Addressing Harmful Practices: These include peer pressure, drug trafficking, and unsafe initiation rituals that involve substance use.

  • Access to Services: Legal support for rehabilitation centres, mental health services, and family-based interventions.

  • Education and Employment: Legal measures must target school dropout and unemployment as risk factors for drug use.

  • Youth-Centred Justice Reforms: Include community policing, restorative justice, and youth-friendly support systems.

  • Child Labour Protections: Target drug production environments where children are exploited.

  • Trafficking Laws: Criminalise the use of children in the drug trade.

  • Right to Social Protection: Guarantee access to education, healthcare, and nurturing environments.

  • Data and Reporting: Mandate national surveys and reporting systems to monitor drug trends and inform policies.

National Legal Approaches to Drug and Substance Abuse

Different countries adopt varying legal responses to drug use:

  • Criminalisation: Some treat personal use as a criminal offense, imposing strict penalties.

  • Decriminalisation or Legalisation: Others reduce or remove penalties for possession or use under controlled conditions.

  • Public Health Approach: Some jurisdictions emphasise treatment and harm reduction over punishment.

In many cases, multiple legal domains are involved criminal law, health law, child protection legislation, and education policy. Customary and religious laws may further influence how communities interpret and enforce national regulations.

Legal loopholes, such as weak enforcement or exceptions allowing substance use under parental supervision, can undermine protections. In some contexts, unregulated access and entrenched social norms make national legislation ineffective.

Explore more: Our interactive Drug Law Atlas provides country-specific profiles on drug laws, protections, gaps, and areas for reform.

Drug Abuse and Criminalisation

While laws are important, they are not sufficient to solve drug abuse. Over reliance on punitive legal reforms without adequate investment in prevention, education, and support services can be counterproductive.

Any legislative process should involve civil society organisations, youth-led movements, health experts, and community leaders. It must be trauma-informed and youth-centred.

Understanding Criminalisation
Criminalisation refers to turning certain behaviours into criminal offences. In the context of substance use, this often means punishing individuals for possession or consumption, sometimes without distinguishing between trafficking and addiction, or between adult and adolescent users.

Potential unintended consequences include:

  • Stigma and Exclusion: Criminal records may lead to discrimination in education, employment, and healthcare.

  • Barriers to Help: Fear of arrest deters youth from accessing treatment or support.

  • Family Disruption: Arrests may result in family separation or economic hardship.

  • School Dropout and Social Alienation: Criminalisation increases school dropouts and reduces reintegration opportunities.

  • Distrust in Services: Teachers, health workers, and social services may prioritise reporting over helping.

  • Disproportionate Policing: Law enforcement may target already marginalised groups, including street-connected youth.

Severity and Variations
Penalties for drug offences vary across jurisdictions:

  • Types of penalties: Can include imprisonment, counselling, probation, fines, or community service.

  • Factors considered: Type and quantity of drug, intent to distribute, prior history, and age.

  • Legal classification: Some countries classify drug use as a felony; others apply civil penalties.

In many countries, girls face unique risks such as sexual exploitation, while boys are often criminalised more harshly—highlighting the need for gender-responsive laws.

The Impact of Criminalisation

Criminalisation may inadvertently worsen the problem:

  • Pushes abuse underground, making it harder to identify and support affected youth.

  • Reduces access to health services, increasing the risk of unsafe practices such as needle sharing.

  • Contributes to long-term marginalisation, especially after incarceration.

  • Diverts public funds from critical sectors like education, healthcare, and psychosocial support.

  • Penalises adolescents for experimentation or peer-influenced behaviour that could be better addressed through guidance and counselling.

Instead of relying on criminal law alone, a balanced approach rooted in public health, education, and social justice is more effective.

Legal Frameworks Aligned with Human Rights

This holistic strategy is reflected in global frameworks such as:

  • UN Common Position on Drug Policy (2018): Calls for decriminalisation, harm reduction, and human rights-based approaches.
    (UN System Coordination Task Team on Drug-Related Matters)

  • WHO Global Strategy to Reduce Harmful Use of Alcohol (2010) and
    Framework Convention on Tobacco Control (WHO, 2005)

  • Convention on the Rights of the Child (UNCRC, 1989): Mandates state responsibility to protect children from harmful substances.

  • United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules, 1985)

Frequently Asked Questions (FAQs)

Q: What is the legal age for accessing alcohol or tobacco in my country?
A: Typically 18, but varies refer to your national law.

Q: Are drug users treated as criminals or patients under national law?
A: This varies. Some treat drug dependence as a health issue; others impose criminal sanctions.

Q: Does my country offer rehabilitation instead of prison for young people?
A: Some do, especially under juvenile justice reforms. Others lack alternatives.

Q: Are there protections for adolescents using substances due to trauma or abuse?
A: In progressive systems, yes. In others, these factors are not considered.

Q: How do local or religious laws affect enforcement?
A: They can either reinforce or contradict national law, depending on cultural alignment.

Sources

  1. United Nations Office on Drugs and Crime (UNODC). (2023). World Drug Report.

  2. World Health Organization (WHO). (2010). Global Strategy to Reduce the Harmful Use of Alcohol.

  3. United Nations (1989). Convention on the Rights of the Child (UNCRC).

  4. UN System Coordination Task Team. (2018). UN Common Position on Drug Policy.

  5. International Drug Policy Consortium (IDPC). (2022). Principles of Harm Reduction.

  6. African Union. (2019). Continental Plan of Action on Drug Control and Crime Prevention.