decriminalizing drug usage and possession: A lesson in treatment versus punishment

I have recently read three articles on decriminalization:

One on Portugal’s national drug decriminalization program.

One on a local US program which didn’t decriminalize but attacked the problem with a treatment option (in High Point, NC).

And an article from Cynthia Tucker in the Atlanta Journal Constitution.

To be clear. Decriminalizing drug usage is not about making drugs legal. It remains illegal, in particular selling of drugs is a felony, but users & possessors are given the opportunity to be treated rather than punished. And I would like to also note that decriminalization isn’t selective to the drug. It’s not just about marijuana but everything (yes. Including heroin, crack, etc.).

I don’t want to get into a debate on “punishment matching the crime” I simply want to make a point on solving a problem. I read that oftentimes our existing programs are driven by the fact that voters want vengeance and politicians (wanting the voters) accommodate their requests and set up strong punishment programs. But after awhile even the most naïve have to see that whatever we are doing isn’t working.

Portugal is a wonderful example of how a treatment decriminalization program can positively affect usage numbers and all the violence that is typically associated with a thriving drug community.

Decriminalizing versus legal. Just to be sure everyone is on same page. Drug usage in Portugal is still illegal and drugs are confiscated when in possession and offenders are sent before a commission. What this means is that instead of entering the judiciary system (or legal system), offenders are sent to “dissuasion commissions.”

This encourages addicts to seek treatment (without fear of legal repercussions) and stop recreational users from falling into addiction.

And it works. Addicts entered into drug substitution programs have risen from 6000 to 24000, 1999 to 2008. Drug usage (trial) in general has decreased. And most notably, drug usage among vulnerable younger age groups has declined.

The evidence from Portugal since 2001 is that decriminalization of drug use and possession has benefits and no harmful side effects (headline in August 2009 The Economist). So the United States, which has been mired for years in discussion of whether marijuana should be legal or not, maybe should take a bigger view on things. Or maybe get some perspective at minimum. I am not a drug user (unless you count Advil)…well…not anymore at least.

As the article points out, when Portugal created this legislation there were no lack of doomsayers across Europe (“pure lunacy” … “planeloads of people would head to Algrave to smoke marijuana” … it kind of makes me think of Bill Murray in “Ghostbusters” … “madness. dogs and cats living together”).

To top it off, earlier this year an American research company (yes. American) published a study stating:

“In numerous categories Portugal drug usage is now among the lowest in the European Union”

Is Portugal the USA? Surely not. Does it showcase an example worth pursuing? Absolutely.

To me selling and trafficking drugs is a crime. And deserves to be punished. Using drugs is not a crime…it is a problem that needs treatment. Once again I am forced to point out (because most people who challenge and debate bring it up) there will be exceptions. But, please remember, you don’t build programs based on serving the exceptions. You develop successful programs to meet the majority.

While I envision that writing my thoughts on this stemmed from the fact I guess I never really thought that hard about how to help resolve a drug problem (beyond the fact I thought burning fields in Columbia didn’t seem to be a great long term solution), this whole decriminalization and community support talk has reminded me of a lesson. “Treating the problem” is often not as popular (it sometimes appears to the public to not have a strong enough sense of urgency), but it is often the most effective path. Maybe it is time America should think of a program like Portugal’s.

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Written by Bruce