Prison for a Joint Is Not Justice

Botswana’s drug laws are in desperate need of reform. The country has taken a disciplinary approach to drug use and possession. This approach has seen little to no success in minimizing both the demand and supply of narcotic substances. Instead, it has resulted in prison overcrowding, judicial inefficiencies, and individuals who need help being stigmatized and imprisoned rather than receiving adequate support.

The criminalization of drugs has not, in any meaningful way, reduced drug consumption. Instead, it has overloaded the criminal justice system with cases that would be better addressed through medical, psychological, and social interventions. This criminalization has led to young people cycling in and out of prison, making it difficult to build futures for themselves, all while the issue of drug use and availability remains unaddressed in Botswana. This, in turn, brings into question the effectiveness of our drug laws and whether they are truly bringing the right people to justice.

Under Botswana’s current drug laws, governed by the Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act and the Penal Code, drug use and possession are treated as criminal acts punishable by imprisonment. These laws do not distinguish between drugs used for personal use, minor possession, and drug trafficking. As a result, individuals who are not high-scale traffickers are subjected to similar penalties as those trafficking at a much larger scale or over a longer period.

Around the world, more and more countries are rethinking how they approach drug policy, and the results are hard to ignore. Countries like Portugal and the Netherlands, along with several U.S. states, are moving away from harsh punishments and embracing harm-reduction strategies and decriminalization. Portugal is a standout example. Since 2001, it has decriminalized personal drug use, choosing instead to focus on treatment, counselling, and helping people get back on their feet. And it’s working. Since the change, the country has seen major drops in drug-related deaths, HIV infections, and incarceration. And contrary to what some might expect, drug use hasn’t skyrocketed either. The numbers tell a powerful story, illustrating that Botswana could yield similar results if it took a comparable approach.

It is time for Botswana to consider a different approach, one grounded in the Constitution, informed by international success stories, and focused on the health and dignity of its citizens. An important first step would be changing how the law treats people who use drugs as opposed to those who sell or traffic them. If someone is caught with a small amount for personal use, it should not result in imprisonment. Instead, it could be treated as a minor offense, akin to a speeding ticket. This shift would allow the government to redirect energy and resources toward treatment and support rather than filling up courts and prisons. It would also allow the police to focus on more serious offenses.

Botswana’s legal professionals, judges, and academics have a vital role to play in advancing the conversation on drug policy reform. Lawyers and legal scholars are well-positioned to question outdated laws and advocate for reforms that are relevant in today’s context. They can ensure that any legal changes align with the Constitution and international human rights standards. However, the responsibility doesn’t rest solely with the legal field. Civil society must also be involved. Community organizations, activists, and everyday citizens should have a seat at the table. They bring lived experience and can contribute to practical, grounded solutions that reflect Botswana’s unique societal realities. Real progress requires collaboration, and that means including diverse voices from across society.

Botswana’s current drug laws, rooted in punishment rather than rehabilitation, are no longer fit for purpose. The continued criminalization of drug users perpetuates cycles of poverty, marginalization, and prison overcrowding, without addressing the root causes of drug abuse. A more progressive, rights-based approach, one that distinguishes between users and traffickers, is both necessary and long overdue. By decriminalizing personal use, investing in harm reduction, and prioritizing treatment over incarceration, Botswana can move toward a more just and effective legal system. Reform is not about endorsing drug use; it is about responding with compassion and evidence. The country has an opportunity to lead the region by adopting a model that promotes health, justice, and human dignity.

The time to shift from punishment to progress is now. A fairer, safer, and more humane Botswana depends on it.