Between decriminalization policy and police practice: Implementation of warnings for marginalized people dependent on...

This study investigated the implementation of Denmark's partial decriminalization of possession of illicit drugs for personal use with its criteria of socioeconomically disadvantaged individuals dependent on drugs other than cannabis. The focus was on assessing trends in the frequency and proportion of cases settled with warnings as an alternative to criminal sanctions before and after legislative changes in 2004.

We graphed the frequency and proportion of warning decisions issued over time (2003-2020) for drug possession among cases classified as eligible or ineligible, with eligibility defined as the offender being both socioeconomically disadvantaged and dependent on drugs other than cannabis. Mixed effects logistic regression was used to examine the interaction between eligibility status and date of offense on the odds of receiving a warning instead of a fine and to examine additional offender- and case-related factors associated with receiving a warning among eligible cases after the 2004 legislative changes. Changepoint time series analyses were also carried out to identify important changes in sentencing trends over time. Data sources included the National Police of Denmark's case management system and national health, crime, population, and labor registers.

The findings indicated that the proportion of eligible cases receiving warnings remained low throughout the study period, with fewer than 16 % of eligible cases settled with a warning, rather than a fine, in any given year. Interaction analysis showed that the policy resulted in relatively more lenient decisions for eligible cases compared with ineligible cases, although the overall use of warnings declined. Additionally, both offender-related factors (e.g., sex) and case-related factors (e.g., police district, type of drug) were associated with the odds of receiving a warning among eligible cases.

The study highlights persistent challenges in implementing the decriminalization policy, indicating the need for legislative clarity, consistent enforcement practices, and targeted education for law enforcement. Future research should monitor the impact of recent legislative amendments and explore strategies to address systemic barriers in drug policy reform.