In Mauritius, the decriminalization of drugs is taking shape

After several months of consultations and technical work, a report commissioned as part of the National Agency for Drug Control (NADC) is to be sent to the Prime Minister of Mauritius this week. According to reports on September 7 by Lexpress.mu, its conclusions should, in particular, recommend a decriminalization of drugs.

Three options under consideration as early as this spring

In early 2026, the NADC announced that it was preparing a public consultation dedicated to the future of cannabis policy. Three scenarios were then examined: decriminalization, legalization without criminal penalties, and legalization accompanied by a regulatory framework. These concepts may seem similar at first glance, but they encompass different legal realities: Our guide helps you take stock.

At this stage, no final decision had been made. The government was to make a decision after reviewing the findings of a working group composed of researchers, representatives of the judicial authorities, NGOs, and technical experts, among others.

In May, the NADC officially launched this project. The work was to cover recreational uses and medical, the industrial potential, as well as the social and cultural consequences of existing legislation. Particular attention was paid to the effects of criminalization on certain populations, notably the Rastafarians.

The public consultation, which was organized in the spring and later expanded to include various segments of the population, was intended to allow for a comparison of scientific data with the realities on the ground.

In July, the first element of the reform began to take shape around the Drug Users Administrative Panel (DUAP). Created by the Dangerous Drugs (Amendment) Act of 2022, under certain conditions, this program allows individuals arrested for possession for personal use to be referred to a treatment program rather than facing traditional legal proceedings.

However, the mechanism has a major flaw: the law does not establish a specific threshold for distinguishing between a user and a person suspected of trafficking. The decision therefore rests largely on an assessment of the circumstances and the judgment of the competent authorities.

This lack of a legal threshold has been criticized by several industry stakeholders, who are calling for greater safeguards, transparency, and predictability in the implementation of the system.

A report that now supports decriminalization

The final report, prepared by a technical group of 12 experts under the leadership of NADC CEO Kunal Naik, now seems to be going even further than a simple amendment to the DUAP.

In particular, experts examined the impact of current policy on the prison system. According to the data analyzed, approximately 80% of those incarcerated for drug-related offenses are in prison for possession rather than trafficking. This finding fuels the debate over the appropriateness of a primarily criminal justice-based response to drug use.

The group also compared the experiences of several countries and assessed the capacity of Mauritius’s judicial, health, and social institutions to support a potential reform.

However, the exact details of the recommendation and its scope remain to be seen. We will know more once the report has been submitted to the Prime Minister.