Drug Decriminalization. Decriminalization of drugs has become a…
By: Reyna O
Tags: Educational, Decriminalization, Drugs, History

The decriminalization of drugs has become an increasingly popular topic of discussion, especially with Oregon’s recent voter approval of Measure 110, but what is drug decriminalization?

History Lesson: The War on Drugs

Background

The War on Drugs was a global campaign led by the U.S. government that advocated for the ending of illegal drug trade through widespread prohibition and military intervention. The set of drug policies, introduced in 1971, were intended to discourage the production, distribution, and consumption of drugs that the participating governments and the United Nations have determined to be illegal. The term “War on Drugs” was popularized by President Richard Nixon, after also declaring drug abuse “public enemy number one” in a message to Congress on Drug Abuse Prevention and Control in 1971. Nixon also wrote to Congress about directing federal resources toward preventing new addicts and rehabilitation of those who were already addicted, but this segment did not receive the same media attention and was consequently sidelined.

Impacts

According to Brittanica, Reagan greatly expanded the reach of the drug war and his focus on criminal punishment over treatment led to a massive increase in incarcerations for nonviolent drug offenses, from 50,000 in 1980 to 400,000 in 1997. The War on Drugs is known to target Black people: although black communities aren’t any more likely to use or sell drugs than white communities, they are much more likely to be arrested and incarcerated for drug offenses. The War on Drugs also made it difficult for drug users to seek treatment without fear of being arrested and jailed, and used up resources to incarcerate non-violent drug users and sellers. This program prioritized punishment over rehabilitation, which caused increases in waste, corruption, and violence. It has been long overdue for America to begin reshaping their drug policies, and follow in the footsteps of Oregon and Measure 110.

Terminology of Basic Concepts

Legalization vs Decriminalization

It’s important to make the distinction between legalization and decriminalization; though often used interchangeably, they are two separate and distinct terms. Legalization would remove all legal prohibitions against drugs and make such drugs available for purchase and use to the general population provided that the user is of age; making drugs available for use and purchase similarly to tobacco and alcohol. Decriminalization would remove all criminal sanctions against the act; drug possession and use would remain illegal, but the legal system would not persecute drug possession up to a certain amount, and repercussions would range from civil fines to drug treatment and education.

Defelonization

Defelonization is an important step in decriminalization, and may provide short-term insight into the benefits of drug decriminalization. Defelonization would reduce drug law violations from felonies to misdemeanors, however, misdemeanors still have criminalizing consequences, so full abolition is necessary for people with currently illegal drug addictions to seek help without fear of arrest.

Benefits of Decriminalization

A common misconception about drug decriminalization is that it would lead to an increase in drug dependency and crime, however, this is disproven by Portugal’s decriminalization of drugs in 2001 and the evidence clearly shows that drug decriminalization would be highly beneficial. Although drug use in Portugal remains the same, their drug use rates are below those of both Europe and the United States, and other harms such as arrests, disease, incarceration, and overdose have all decreased. Between 1998 and 2011, the number of people in drug treatment increased by 60%, while the percentage of incarcerated inmates for drug law violations between 1999 and 2013 decreased from 44% to 24%. Drug overdose fatalities decreased from 80 in 2001 to just 16 in 2012, and HIV diagnoses have also dropped dramatically from 2000 to 2013: from 1,575 to 78 cases, and the number of new AIDS cases decreased from 626 to 74 cases as well.

In 2018, there were more than 1.6 million drug arrests in the United States. More than 86% of these arrests are for possession only, and many more are for minor selling and distribution violations, meaning that a lot of resources are being used for punishment instead of rehabilitation, ultimately harming both drug users or sellers and the law enforcement system. Removing criminal penalties for low-quantity drug possession and sales would save money from jail and prison costs, provide the opportunity for law enforcement resources to be used in more effective ways, prioritize health and safety over punishment, reduce the stigma associated with drug use so that problematic drug users are encouraged to seek treatment and support, and remove barriers to harm reduction practices such as drug checking, heroin-assisted treatment, and medical marijuana.

The drug laws in the United States are outdated, discriminatory, and, frankly, dangerous. It’s time to abolish them.

Sources and Expanded Information