The story
São Tomé and Príncipe’s new Penal Code took effect on 6 November 2012. For cannabis users, it introduced a three-month prison ceiling or a fine for a small personal quantity, with possible exemption from punishment for an occasional consumer. Acquiring, holding and growing cannabis for personal use fell within the same rule.[1]
Colonial criminal law had lasted for decades
The code’s preamble described replacing the criminal code inherited from Portugal, originally approved in 1886. Independence had left much colonial legislation in force, subject to the constitution. President Manuel Pinto da Costa promulgated the new code in July; publication in August began its three-month wait before commencement.[1]
Drug offences had also been governed by Portugal’s 1970 law. That law allowed up to two years in prison plus a fine for personal-use conduct and supply without profit.[2][3]
A three-day quantity divided personal-use penalties
The new code set the basic personal-use penalty at up to three months in prison or a fine of up to 60 days. Possession, acquisition or cultivation above a three-day personal quantity carried up to one year or a fine of up to 100 days. Courts could excuse an occasional consumer within the basic rule.[1]
These provisions gave judges alternatives to imprisonment while keeping personal cannabis conduct criminal. Giving cannabis to another person remained within the trafficking rules.[1]
Two new laws covered the same ground
Parliament had approved a separate drug law in October 2011, but promulgation followed almost a year later. The Penal Code passed in the meantime, leaving partly different rules covering the same offences.[2]
A CEJ judicial training manual later argued that the code should govern criminal penalties, while the separate drug law should continue governing other matters, including special procedures. That interpretation explains why the code remains central to the country profile.[2]
Treatment received protection while supply stayed criminal
The code guaranteed anonymity to people voluntarily seeking treatment. Treating health staff were bound by professional secrecy and did not have to testify or provide police with information about treatment’s nature and progress.[4]
The ordinary trafficking ceiling rose from eight years under the colonial law to twelve years under the code, with a minimum of two years.[3][4] Substantially less serious cases carried one to five years. Cannabis leaves, flowering or fruiting tops, resin and oil appeared in the controlled tables.[4]
The overlapping drug law remained part of the legal landscape. The 2021 republication of the code retained its personal-use offences, treatment protections and trafficking rules.[2][4]
Score by segment 0 to 10
- Possession · 25%0 → 1+1
- Personal cultivation · 25%1 → 1
- Punishment & enforcement · 20%2 → 2
- Sharing & gifting · 10%0 → 0
- Consumption · 10%0 → 0
- Legal access · 10%0 → 0
The bar shows the score after the change; the tick marks where it stood before. The scores after the change are São Tomé and Príncipe's current scores.
References
- São Tomé and Príncipe — Penal Code approved by Law 6/20122012 · Gazette No. 95, 6 August 2012; approving law article 4, code preamble and articles 279, 281, 283, 291, 293; table I-Carchived
- CEJ/Camões — Manual de Formação de Formadores, drug-law chapterAlbano Pinto, Fernando Sousa Silva, Helena Susano, Rui Cardoso · Centro de Estudos Judiciários / Camões, I.P. · 2021 · Printed p. 74 (PDF p. 76), section 3.2.2; analysis reflects laws in force in 2017archived
- Portugal — Decree-Law 420/70, original drug offences and penalties1970 · Articles 2–6 and annex entries 18–19; published 3 September 1970archived
- São Tomé and Príncipe — Penal Code republished with the 2021 amendment2021 · Gazette No. 61, 10 August 2021; articles 279, 281–284, 287, 291, 293–294 and table I-Carchived
Checked. The date and the event were compared with a source that was read. The score before the change is an editorial estimate.