This article is the result of a scientific initiation research whose objective was to study how the legal actors involved in coping with the crime of drug use in the Feira de Santana County deal with the prediction of exclusion from prison and the imposition of alternative sentences for crime of art. 28 of the New Drug Law. In order to do so, this article analyzes the possible paradigm shift of the dominant criminal thinking from the edition of Law nº 11.343/06. For this, we show how the processes related to art. 28 of the law, between the years of 2013 to 2015. We also present how the semi-structured interviews with the legal actors involved and the information that we extracted from them were carried out, using the Rooted Theory method. Finally, we bring the analysis of the results seeking to answer if there was criminal innovation from the device of the drug law.