Drug possession and consumption constitute a public health problem and, at the same time, a factor of stigmatization when people with addictions are involved in criminal proceedings. In view of this fact, the justice system can seek psychiatric expertise to differentiate between a drug addict and a drug trafficker, thereby avoiding the criminalization of addiction, in accordance with the provisions of Article 364 of the Constitution of the Republic of Ecuador. The objective is to decriminalize and destigmatize consumption, prioritizing health treatment over a punitive approach. The hypothesis proposes that it is possible to scientifically explain how mental impairment directly influences culpability. The methodology used is qualitative and descriptive, based on the presentation of a court case.
