A two-track system: Police officer discretion in enforcement of personal use and possession of drugs in Sweden's zero-tolerance setting

National drug policies and legislation set the framework for the police's work against drugs. However, police officers use their discretion to implement policy into everyday drug law enforcement. This study is based on qualitative interviews with 19 police officers in Malmö, Sweden, with the aim of analyzing police officers’ views on and actions in relation to personal use and possession of drugs in a zero-tolerance drug policy setting. Our analysis focuses on three main areas: (1) police officers’ views on the criminalization of drug possession for personal use, (2) how they perceive and categorize people who use drugs (PWUD), and (3) how they apply discretion when handling complex cases, making decisions, and prioritizing enforcement actions. The results show that the police officers support the continued criminalization of minor drug offenses, motivated by a deterrence and prevention-based perspective and by a strategic use of the law to reach higher levels of drug market hierarchies. However, the police used categorization work to differentiate between user groups, resulting in an informal two-track system in which one leans toward de facto depenalization and harm reduction principles for marginalized PWUD and the other favors punitive interventions for youth and first-time offenders. The study also demonstrates how police discretion can involve uncertainty but also flexibility, allowing for more experience-based and context-sensitive judgments in the face of complex situations. Sweden constitutes an interesting case for studying how police officers relate to punitive drug policies. The study emphasizes the critical need to examine how drug policy unfolds locally, shaped by police culture and discretion in everyday practice. The way discretion is exercised can have a profound impact on the risks and opportunities faced by PWUD, with significant implications for both public health and justice outcomes.

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Publication Details

Journal
European Journal of Criminology
Published
2025-04-03
DOI
https://doi.org/10.1177/14773708251317586
Citations
1
Primary Topic
Sex work and related issues
Type
article
Field-Weighted Citation Impact
4.20

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article

A two-track system: Police officer discretion in enforcement of personal use and possession of drugs in Sweden's zero-tolerance setting

Torkel Richert, Johan Nordgren
1 citations
European Journal of Criminology
Sex work and related issues
4.20
article

A two-track system: Police officer discretion in enforcement of personal use and possession of drugs in Sweden's zero-tolerance setting

Torkel Richert, Johan Nordgren
article en
1 citations

Abstract

National drug policies and legislation set the framework for the police's work against drugs. However, police officers use their discretion to implement policy into everyday drug law enforcement. This study is based on qualitative interviews with 19 police officers in Malmö, Sweden, with the aim of analyzing police officers’ views on and actions in relation to personal use and possession of drugs in a zero-tolerance drug policy setting. Our analysis focuses on three main areas: (1) police officers’ views on the criminalization of drug possession for personal use, (2) how they perceive and categorize people who use drugs (PWUD), and (3) how they apply discretion when handling complex cases, making decisions, and prioritizing enforcement actions. The results show that the police officers support the continued criminalization of minor drug offenses, motivated by a deterrence and prevention-based perspective and by a strategic use of the law to reach higher levels of drug market hierarchies. However, the police used categorization work to differentiate between user groups, resulting in an informal two-track system in which one leans toward de facto depenalization and harm reduction principles for marginalized PWUD and the other favors punitive interventions for youth and first-time offenders. The study also demonstrates how police discretion can involve uncertainty but also flexibility, allowing for more experience-based and context-sensitive judgments in the face of complex situations. Sweden constitutes an interesting case for studying how police officers relate to punitive drug policies. The study emphasizes the critical need to examine how drug policy unfolds locally, shaped by police culture and discretion in everyday practice. The way discretion is exercised can have a profound impact on the risks and opportunities faced by PWUD, with significant implications for both public health and justice outcomes.

European Journal of CriminologyVol. 22(6)
Malmö University (SE)
Riksbankens Jubileumsfond
Openalex Percentile: Top 9%
Sex work and related issues
4.20
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