Part II of the Norway government’s prevention and treatment reform in the drug policy field

15.04.2025 - On April 10, the government followed up its prevention and treatment reform with the proposed legislation addressing the criminal and procedural aspects of the reform.

“In the autumn, we presented the white paper Security, community and dignity, which is the government’s prevention and treatment reform in the drug policy field. And today, the Minister of Justice has presented a bill that balances difficult questions in the field of drug policy. Together with the white paper, this constitutes a drug policy for the future,” said Minister of Health and Care Services Jan Christian Vestre.

The bill forms Part II of the government’s prevention and treatment reform in the drug policy field and addresses the criminal and procedural dimensions of the reform.

You can read and download the bill here.

“Today, we have delivered on the 2021 election promise and presented a legislative proposal to ensure that people with serious and extensive drug problems are not punished for their illness. At the same time, the Labour Party government makes it clear that drug use is, and shall remain, punishable, in order to make it harder to start using illegal drugs,” said Minister of Justice and Public Security Astri Aas-Hansen (Labour Party).

The government proposes to establish by law that persons with extensive and serious drug problems should generally not be punished. In practical terms, this means that traditional criminal sanctions should not be applied to adults with long-term and extensive drug use, whose lifestyle and health condition are characterized by the use of illegal drugs.

The government proposes:

• A new, consolidated criminal provision in the Medicinal Products Act covering use, acquisition, and possession of small quantities of drugs for personal use.

• Indicative quantity limits (see separate fact box at the end of the document) for what may be considered small amounts for personal use. These proposed limits are somewhat lower than those in place today.

• A statutory response system for people over the age of 18 with an “extensive and serious drug problem,” whereby this group will generally be met with unconditional waiver of prosecution or waiver of sentencing when found with small amounts for personal use.

• The assessment of whether an offender has an “extensive and serious drug problem” is a legal judgment involving multiple factors. Key factors include the extent of drug use, the type of drug involved, the method of intake, and the offender’s functional capacity and overall life situation.

Preventive measures for minors, both within and outside criminal proceedings

Drug use can have significant consequences for individuals, their surroundings, and society as a whole.

“The vast majority of people in Norway do not use drugs, including young people, even though there has been an increase. It is concerning to see rising use among the youngest age groups. We must demonstrate – especially to the youth – that illegal actions have consequences, while also ensuring safety, supporting good relationships, and building trust. My job as Minister of Health and Care Services is to ensure that those struggling with drug problems receive good help and follow-up,” said Vestre.

The government aims to ensure that as few people as possible start using drugs, and preventive efforts aimed at children and young people are particularly important.

“The Labour Party government is therefore proposing legal changes to ensure that municipal advisory units on drug issues are used more than today, both within and outside criminal proceedings. Within criminal proceedings, this means conditional waiver of prosecution with special conditions requiring attendance at a drug advisory unit as the normal response. Here, young people can receive advice, guidance, and information about the risks and health harms associated with drug use,” said Aas-Hansen.

These meetings will take the form of conversations emphasizing cooperation and relationship-building. Advisors can also provide information about various services and voluntary support options available in the municipality and the specialist health services.

Combating organized crime The government prioritizes combating organized crime. Success requires action on many fronts, both short and long term.

“Drugs are the most important commodity in organized crime. Buying and selling drugs fuels violence, exploitation of vulnerable people, and supports criminal networks. Gangs have no place in Norwegian society. We will fight them,” said Aas-Hansen.

All dealings with small amounts of drugs for personal use are proposed to be included in a new criminal provision, which will be placed in the Medicinal Products Act.

“The penalty for small quantities of drugs for personal use will be a fine or imprisonment of up to 6 months. Larger quantities, or drug activity related to sale, will still be regulated under the Penal Code,” said Aas-Hansen.

By ensuring that violations are enforced and have consequences, the government seeks to reduce and prevent this market.

“We are committed to ensuring that the police continue to have effective tools for detecting drug use. This is essential so that the prohibition is seen as real by the public, especially among young people. Detection is also necessary for the police to be able to impose reactions aimed at helping young people out of drug problems,” said Aas-Hansen.

The government is therefore proposing a new provision for drug testing in drug-related cases. This provision will ensure that the police can and should use the least intrusive method in each individual situation.

This will normally be saliva tests but could in principle also be urine or blood tests.

The government proposes:

• A new provision on drug testing (saliva, urine, or blood) when there is suspicion of use or handling of small amounts of drugs for personal use. Such testing may only be conducted if it is relevant to the case and is not a disproportionate intrusion. The provision requires that the police use the least intrusive method in the given situation. This will normally be a saliva test.

• A provision giving the police the authority to check for signs and symptoms of drug use when there is suspicion of handling small quantities of drugs for personal use. Such checks may provide a more secure basis for deciding whether drug testing (saliva, urine, or blood) can and should be conducted.

• The standard response for young people who have handled small amounts of drugs for personal use shall be conditional waiver of prosecution with the special condition of attending a drug advisory unit.

• It can take time to build trust and work on young people's relationship with drugs. Therefore, the Labour Party government proposes allowing up to three required meetings at a drug advisory unit over a period of up to three months.

• The police are given new authority under the Police Act to refer individuals to a drug advisory unit outside of criminal proceedings. This will be a preventive tool for the police in cases where no investigation is initiated or where an initiated investigation is dropped. Referral to the drug advisory unit is a voluntary measure, and failure to attend will not have legal consequences.

  
  

---

– The government delivers on many points, but not all

With this part of the reform, the government strengthens children's right to protection from drugs, says Inger Lise Hansen, Secretary General of Actis.

Part two of the prevention and treatment reform marks the most significant development in the drug policy field in many years. Today, the reform was presented by Minister of Justice and Public Security Astri Aas-Hansen and Minister of Health and Care Services Jan Christian Vestre.

The right move – but lacking clear requirements for content “We are pleased that the government now establishes that follow-up services for young people struggling with drug use must be binding,” says Inger Lise Hansen. “The provision allowing up to three mandatory meetings at advisory units is an important part of this. What remains is for the Storting to define a national minimum standard for the content of the follow-up. We are disappointed that the government has not chosen to set clear guidelines for what kind of support young people will actually receive.”

Hansen believes that such a minimum standard should include help to resolve underlying problems, support to complete education or enter employment, and opportunities to participate in meaningful leisure activities.

“If we are to succeed in helping young people out of drug problems, we must give them something to strive for – and someone to support them along the way.”

More will be identified and supported The Secretary General of Actis emphasizes that in order for young people in need of help to enter a treatment process, they must be identified as early as possible. In this regard, clarification of the police’s role has been necessary. She believes the reform addresses this, and that the police now have a clearer mandate and tools to ensure more young people receive timely help, including being referred to advisory units.

“It is also important that the police can now refer individuals to advisory units without initiating a criminal case. This enables them to follow up on concerns raised by other professionals without having to investigate or open a case.”

Finally, Inger Lise Hansen commends the government’s proposal to enshrine in law that people with extensive and serious drug problems should normally not be punished, but instead be offered further healthcare and follow-up.

Source: Regjeringen and Actis