Estonia needs changes in its drug policy for a very tragic reason: both drug use and the potency of the substances being consumed have increased. People continue to harm their minds and bodies with cannabis, amphetamines and cocaine, but increasingly, even stronger and more destructive drugs are making their way to our population.

Overdose deaths on the rise

The number of people in Estonia who use drugs regularly has already reached into the tens of thousands. Particularly concerning is the growing number of repeat users among young people. Tragically, the number of drug-related deaths has also increased.

Since 2022, around one hundred people have died from drug overdoses in Estonia each year. That's a threefold increase compared with previous years. The widespread rise in drug use and the increasing danger of these substances are driving this dramatic surge in overdose deaths.

According to a 2024 study by the National Institute for Health Development, one in three Estonian residents aged 16 to 64 has used an illegal substance at least once in their life. As recently as 2018, "only" one in four had had any contact with drugs. Wastewater testing reveals a harsh reality: between 30,000 and 40,000 people use drugs on a weekly basis. (Drug Wastewater Monitoring | Tableau Public).

No double punishment for self-harm

The rise in drug use is driven by the increasingly widespread activity of drug traffickers, along with the fact that synthetic substances can now be produced more quickly. The current criminal justice system has so far focused primarily on curbing drug sales. The logic has been that if someone is found with an amount of drugs large enough to potentially share with others, they are automatically treated as a possible dealer.

But since drugs have become much more potent, the old thresholds mean that even those who only use drugs for personal consumption and are harming only their own bodies and minds are now being classified as dealers.

As a result, we are currently punishing people in Estonia for damaging their own health. But harming oneself is not an act for which a person should be punished by society at large. Someone who is only harming themselves must feel safe seeking help to overcome addiction, without fearing punishment for taking that necessary and courageous step.

Support helps people who haven't harmed others to heal and to contribute positively to society. It helps more than harsh punishment ever could. Let me emphasize that I am speaking only about those who use drugs themselves and do not supply them to others.

We must put an end to the practice of punishing people with substance use disorders instead of offering the help they need. This kind of approach will never allow people to overcome their addictions. But those who supply or sell drugs to others — endangering their lives, health and futures — must face severe consequences.

Help instead of punishment

Based on these values, I have submitted proposed amendments to the Penal Code for interagency review.

Penalties related to drug use and distribution must reflect the actual dangers posed by drug-related crimes. This means taking a tougher stance on drug offenders who profit from selling narcotics and endanger people's health.

Currently, possession of a large quantity of a drug — for example, just 0.65 grams of pure cocaine — can result in a prison sentence of one to ten years. Under the proposed changes, sentencing would depend on the purpose for which the individual possessed the substance — that is, on the level of threat posed by their actions. As a result, penalties would be reduced for people who are only harming themselves, giving them a better chance of overcoming their addiction.

It's important to emphasize that, in addition to being rooted in the principle of fairness (self-harm should not be punished), the proposed solutions are also supported by scientific evidence. Data from the World Health Organization and the European Union Drugs Agency (EUDA) show that the severity of drug laws does not reduce or deter drug use, nor does easing penalties lead to increased consumption.

We have drawn on the experiences of countries like Portugal, the Netherlands and Spain — nations facing similar drug problems to Estonia. Their examples show that reducing criminal penalties allows for both misdemeanor proceedings and proportionate punishments to be used as a motivating factor, encouraging people to stop using drugs. Let me once again stress that we are only talking about easing penalties for individuals who do not distribute or sell drugs to others.

No new substances to be legalized

None of the proposals we are putting forward would make the use of any drug legal. However, we are addressing a real and urgent problem brought to Estonia by the fast-moving hands of so-called "chemists": an ever-increasing number of new substances are circulating, many of them so potent that possessing even a single dose can lead to a prison sentence.

To enable faster responses to these new substances, the law on narcotic and psychotropic substances and their precursors was amended a year ago. Under this change, if forensic analysis determines that a substance resembles a narcotic or psychotropic drug, it can be held by the state for up to one year. If, within that year, the substance is not added to the official list of controlled narcotics and psychotropics, it must be returned to the rightful owner. If it is added to the list, it is destroyed. This, too, is an example of a necessary adjustment that allows for quicker responses to the ever-evolving drug landscape.

The Ministry of Justice and Digital Affairs is responsible for criminal policy. However, I believe that achieving truly effective results also requires strengthening the social and healthcare systems, especially for children and young people. It is absolutely vital that families and loved ones, especially those of children and youth, feel safe seeking help without fear of punishment and that the necessary support is made available through social and health services.

Our proposal to amend sentencing laws is not set in stone. On the contrary, we invite the entire society to engage in the discussion and share their perspectives on the direction we should take in penalizing drug-related offenses. The legislative intent behind the draft bill is available for public review in the Estonian draft legislation information system. We encourage everyone to submit their suggestions and comments so that the final laws adopted by the Riigikogu truly reflect the expectations of our society.

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