The purpose of this research paper is to discuss that punishing drug addicts and substance abuse is ineffective. For years, there has been a long debate in treating versus punishing drug abusers. It is importance to separate crime and drug usage in order to realized that treating drug substance abuse is more effective for a decrease in mass incarceration, recidivism, addiction rates, and more. There are serious consequences when drug users are not receiving the services and help they need for their physical and mental health. Substance abuse cause more damage to the individual, society and the criminal justice system, when they are handled as crimes. Drug addiction is not cured through punishments such as harsh sentences, fines, probation, police records, and shame. According to National Institute of Drug Abuse, drug addiction is defined as a chronic, relapsing brain disease and disorder characterized by compulsive drug seeking, continued use despite harmful consequences, and long-lasting changes in the brain. Substance abuse creates a brain disorder and mental illness for these individuals. Therefore, to remove punishments towards substance abuse, decriminalization of drugs can be a solution for increasing treatment for drug abusers.
According to the Drug Policy Alliance, decriminalization is the removal of criminal penalizations for drug use and possession. Drug decriminalization would concentrate on the importance of public health and treatment for drug abusers instead of incarceration and punishment. Drug decimalization is the step needed in order to have positive outcomes within the criminal justice system and drug policies. The criminal justice system and many authorities fail to acknowledge substance abuse as a health condition because of the cost. Treatment services and programs are a high cost for the federal, state and local government. Which has led to the punishment of individuals to be the cheaper and easier way to handle it. But the criminalization of drug use and possession has increased issues. Mass incarceration and mass criminalization has become an ongoing conflict due to drug abusers being in and out of jail because of the increase of recidivism. There is more drug arrest than violent crime arrest. More than 80 percent of arrest are for drug use and possession according to the DPA. Thousands of people who used drugs and had drugs on them are under supervision such as probation or parole. There are also benefits and rights lost due to being arrested for drugs. Benefits such as financial aid, public housing, health care, public assistance, right to vote, declined from job opportunities, and more. Those who are arrested for drug use and possession lose so much along with the mental illness and disorder they have that is left untreated in prison.
A drug abuser who is left untreated is an ignored chance of improving the mental health of the individual, public health, and the safety of society. By applying medical treatment, therapy groups, drug abuse programs and any service that is willing to aid to the need of drug abusers would decrease recidivism. Many drug users who are in jail for more than 2 years, even under the tight supervision find their way to still abuse drugs while incarcerated. Those that are released and did not use drugs their time locked up face the hardest challenge when returning to where they came from. Majority of drug abusers come from low income neighborhoods that revolve around drugs. Certain environment where there is easy access to drug which bring back their craving. Encounters with other individuals or addicts may encourage them to and make it hard to stay sober. “These conditioned cues automatically activate the reward/motivational neurocircuitry and can trigger an intense desire to consume drugs (craving)” (Volkow, 2009). To prevent recidivism leads back to the effectiveness treatment would have if the goal was to provide treatment programs to help the reoffender drug users. A more effective solution that could have been done prior the punishment was to offer programs and service that would focus on their main issue: addiction.
Drug addiction has and will continue to cause dangerous problems for the drug abuser, the people around the individual, and society. “Drug abuse is best treated by combinations of continuing outpatient therapy, medications and monitoring.” (United Nations, 2003). The focus is on disease these drug addicts have, and the symptoms they have from the treatment. While the goal is to have these patients fight this disease, it also works on the issue that impacted their outside life such as family, work, and to function sober in the outside work without supervision. The treatment rehab process takes a while because it is working to fix multiple issues, and each issue is complex. “These are the addiction-related conditions that most affect society and reduction or elimination of them are what society expects from any “effective” intervention.” (United Nations, 2003). In order to prevent much of these social problems such as alienation and discrimination due to arrest, police records and embarrassment, these punishments can be removed by decriminalization.
Portuguese decriminalized all drugs, from marijuana, heroin, and cocaine in 2001. This new framework did not legalized drugs but decriminalized it. Making drug use and possession were still illegal but were only seen as violations. Being that it is a violation only, made the criminal punishments prohibited. This became the most shocking, yet effective move Portuguese has done. Many in the United Nations, were confused and worried that this would create more issues and there would be an. “But the Portuguese decriminalization frame- work has been a resounding success.” (Greenwald, 2009)
“Supporters of decriminalization often point to Portugal as evidence of the policy’s success.” (Lopez, 2018). Since 2001, 13 states were influenced by Portuguese and have decriminalized marijuana. This meant that small amounts of marijuana would no longer be criminally punished. Due to the decriminalization, these 13 states saw results that were similar to Portugal. The “2009 Cato Institute report found that “that more people with drug use disorders sought treatment services because the country decriminalized all drugs and, as a result, removed the fear of arrest.” (Lopez, 2018) This is the result that the criminal justice system and society should push for in every state and country. Many people would act more towards treatment if the fear of drug laws and punishment were decreased for drug users. Drug abusers are not criminals, they need help to better their disease. The results of Portuguese such as "we estimate that we have 50,000, most of them under substitution treatment," said Goulão before adding that he's recently seen a small uptick in use of the drug, predominantly among former addicts that got clean.” (Oakford, 2016). "I think it is respecting their timings and assuming that even if someone is still using drugs, that person deserves the investment of the state in order to have a better and longer life." (Oakford, 2016)