In April 2017, after years of advocacy and political debate, Tunisia’s parliament amended the country’s controversial narcotics legislation, known as Law 52 of 1992. The reform removed mandatory minimum sentences for first-time drug use offences, allowing judges discretion when determining penalties.
Although the amendment fell far short of the reforms many activists had demanded, it was viewed as a stepping stone for further change. For decades, Law 52 had been criticised for automatically sending people who use drugs to prison, often for offences as small as cannabis consumption. Supporters of the reform hoped that judicial discretion would reduce incarceration rates and help relieve pressure on Tunisia’s overcrowded prison system.
Nearly a decade later, an important question remains: has the introduction of judicial discretion translated into meaningful systemic change, or has Tunisia’s carceral approach to drug use largely remained intact?
The legacy of Law 52
Tunisia’s Law 52 was adopted in 1992 in a political climate marked by heightened concern over drugs, particularly after President Ben Ali’s brother was convicted of drug trafficking. In true repressive fashion, the law imposed severe penalties not only for trafficking but also for drug use and possession. People found using or possessing drugs faced prison sentences of one to five years, along with significant fines.
The legislation was particularly strict in its treatment of consumption. Attempts to use drugs are also punished in the same way as possession, and courts were permitted to order compulsory detoxification for those convicted. Under the original framework, judges had little room for leniency, as the law imposed a mandatory minimum prison sentence of one year for drug consumption.
According to activists, the law was also used to punish criticism of Ben Ali’s regime, and thousands of young Tunisians ended up locked up every year for using drugs, mostly cannabis. Yet the Arab Spring and the Tunisian revolution of 2011 did not fundamentally alter this policy. By 2015, more than 7,000 people were imprisoned for drug-related offences, with around 70% incarcerated for cannabis use. Scholars, activists and human rights groups continue to criticise the use of Tunisia’s drug law to suppress political dissent.
Prisons under pressure
One of the stated rationales for amending Tunisia’s narcotics law was to address prison overcrowding. Yet nearly a decade on the country’s prison system remains under immense strain. Current estimates indicate that the total prison population exceeds 30,000 people, while the country’s 30 prison facilities were designed to hold roughly 18,000. The National Authority for the Prevention of Torture has reported that overcrowding in some prisons has surpassed 160% of their intended capacity.
Drug-related offences remain a major contributor to this crisis. During a parliamentary hearing in November 2025, Justice Minister Leila Jaffel stated that more than 10,000 prisoners in Tunisia were incarcerated for drug-related offences.
These figures highlight the limited structural impact of the 2017 reform. While judges are now able to issue alternative sentences for some first-time offenders, drug use itself remains criminalised, and arrests continue to feed a prison system already struggling with severe overcrowding.
In 2021, a court in the northwestern city of El Kef sentenced three young people to 30 years in prison for cannabis use in a public space. The ruling provoked widespread outrage and revived criticism of Law 52. Although the sentence was later reduced to one year in prison and two of the defendants were released, the case once again highlighted the harsh consequences that drug-related prosecutions can produce.
The limits of judicial discretion
The 2017 amendment aimed to soften the rigid sentencing regime established by Law 52. By granting judges greater discretion, lawmakers hoped courts would increasingly opt for non-custodial penalties instead of prison terms.
Yet alternatives to incarceration do not necessarily reduce the harms associated with criminalisation.
Even when prison sentences are avoided, people accused of drug use remain subject to arrest, police violence, prosecution and criminal records. They must still pass through the criminal justice system, often facing police surveillance, court proceedings and pre-trial detention.
Moreover, discretionary sentencing introduces its own inequalities. Without clear and objective guidelines, decisions about leniency may depend on a judge’s subjective perception of the accused. Social background, perceived “respectability,” or the ability to present oneself as deserving of a second chance can influence outcomes, leading to uneven application of the law that often disadvantages marginalised communities and those from less privileged socioeconomic backgrounds.
As a result, alternatives to incarceration may mitigate individual sentences without challenging the broader carceral framework of drug prohibition. Judicial discretion may moderate punishment, in a limited way, but it does not dismantle criminalisation.
Punishment over public health
Cannabis remains the most widely used drug in Tunisia. Surveys suggest that drug use among adolescents has increased in recent years. A national study conducted among secondary school students found that cannabis use among youth aged 15 to 17 rose significantly between 2013 and 2021, once again highlighting the limited impact of punitive drug laws in reducing demand.
According to a 2024 situation assessment conducted by Middle East Harm Reduction Association, alongside cannabis, the synthetic opioid buprenorphine is among the most commonly used drugs in Tunisia and is frequently injected intravenously. Despite decades of efforts across the Middle East and North Africa to promote harm reduction, Tunisia remains the only country in North Africa that has yet to introduce opioid agonist therapy (OAT) programmes. Recognised by the World Health Organisation, UNAIDS and the UN Office of Drugs and Crime as one of the most effective treatments for opioid dependence, OAT reduces harmful drug use, improves treatment retention and significantly lowers the risk of HIV transmission.
The absence of such programmes is particularly concerning in a region where, according to UNAIDS, new HIV infections have increased by 116% since 2010.
This imbalance reflects a broader problem with repressive drug policies. While law enforcement and incarceration continue to dominate the response to drug use, evidence-based health interventions remain underdeveloped. As a result, the current approach risks perpetuating the harms associated with criminalisation rather than providing effective, health-centred solutions.
Reform without transformation
The 2017 amendment of Law 52 represented a symbolic shift. By removing mandatory minimum sentences, lawmakers acknowledged that the previous framework had produced serious social and penal consequences.
Yet nearly a decade later, the reform appears to have simply moderated punishment rather than transformed Tunisia’s approach to drugs.
Drug use remains a criminal offence. Police continue to arrest people for consumption and possession, and thousands of young people run the risk of incarceration for drug-related offences. These cases continue to drive poverty, social exclusion and prison overcrowding in Tunisia.
If Tunisia hopes to meaningfully address prison overcrowding and the harms associated with drug criminalisation, the debate will need to move beyond sentencing reform and also address demands for cannabis legalisation.
Judicial discretion may soften the edges of a punitive system. But the real question remains whether drug use itself should continue to be treated as a crime.
