This Conversation is Not Over: Benefits on the Legalization of *Some* Drugs and Its Impact on the Fentanyl Crisis
The War On Drugs
“When you’re a low-income person of color using drugs, you’re criminalized – that means demonized, marginalized, stigmatized…. When we’re locked up, we’re not only locked in but also locked out. Locked out of housing…. Locked out of employment and other services. Locked into a class that’s underclass – you’re a fixed class; you’re not a person anymore, because you had a drug.”[1] (Cameron Barnes)
Since 1971, the War on Drugs has perpetuated decades of racialized stigma and profit-driven violence on marginalized communities. Though Richard Nixon viewed substance abuse as a top priority on the US agenda, increasing funding for drug-control agencies while tightening the reins on the criminalization of substances was of low efficacy in solving this dilemma and only called attention to blatant racial disparities [2]. Today, there are around 1.5 million annual drug arrests, and approximately 400,000 drug offenders are currently serving sentences. However, rampant incarceration has not ended drug abuse or black-market crime [3].
The United States claims to be on a journey of advancing racial justice through policies of the federal government [4]. They call such a mission their “responsibility” and even signed the Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government in early 2021 [5]. However, if the United States wants to eliminate the racial caste system the nation so proudly condemns, legislators need to approach substance abuse with a more humanistic model. The tide must turn on a war that impaired public health and safety for all.
After decades of trafficking, the legalization of marijuana, psychedelics, opioids is imperative to reduce ethnic discrimination in the prosecution of drug production while limiting the collateral consequences of incarceration on minority populations. Additionally, this policy is particularly relevant considering today’s fentanyl crisis that has had a heavy influence on American politics.
Dismantling Systemic Racism and Amending Past Harms
Though the legalization of all drugs is a multifaceted discussion, such a policy would likely have unprecedented benefits for blighted communities. Marijuana in particular demonstrates the prejudiced incarceration of Black and Latino populations fueled by targeted policing, making legalization uniquely key in reversing this bias [6]. Though the War on Drugs initially intended to combat illegal drug use that posed a risk to public safety, the focus shifted to minor marijuana offenses. The resource cost of directing law enforcement to these essentially harmless crimes makes heightened substance policing pragmatic in only furthering systemic racism. Jarring statistics further explain these disparities. Black marijuana users, for instance, are 11 times more likely to be arrested for public use than their white counterparts [7]. Thus, to condemn bigotry and reverse the disproportionate harms suffered by minorities, legalization of marijuana is key. Two-thirds of Americans are in favor of such policy across a range of age groups and political beliefs which only further emphasizes the need for such a change [8]. To substantively and permanently reverse the harms of past enforcement, though, this policy must be paired with reinvestment in communities who were most impacted by racialized criminalization [9].
Beyond the positive impact the legalization of marijuana would have on overcriminalized communities, psychedelics have been proven as effective therapy for victims of racism, making the legalization of these substances a sensible way to mitigate America’s past harms towards marginalized populations [10]. Race-based trauma is the result of the culmination of countless discriminatory experiences and is heavily prevalent among Black, Latino, and Asian communities, especially in the wake of the War on Drugs [11]. However, substance legalization can reverse past harms. For example, a study conducted with psilocybin illustrates the drastic changes in deteriorating mental health symptoms as a result of race-based trauma when comparing data 30 days before and 30 days after use, with study participants also reporting less stress, anxiety, and depression after their psychedelic experiences [12]. In addition to their benefits in race-based trauma, psychedelics also have proven benefits in the treatment of mental health conditions, post-traumatic stress disorder, anxiety, depression and more [13].
Overall, legalizing marijuana and psychedelics has the potential to not only limit unjust policing towards some of the most vulnerable members of society, but also to repair past trauma on marginalized populations, ultimately forging an increasingly equitable society.
Mitigating Collateral Consequences
The negative impacts of racially targeted criminalization of drugs do not stop at incarceration, with a conviction for drug possession having detrimental collateral consequences for minority populations including arduous probation fees, burdensome criminal debt, and societal restrictions following their sentence [14].
Often choosing a probation sentence over a formal conviction, many defendants are burdened with unanticipated challenges following their penalty. From mandatory meetings in distant locations that limit one’s ability to retain a job to onerous fees that burden the defendant in debt, people on probation for drug law violations struggle for years to come [15]. Minority populations are especially vulnerable to such conditions, with studies proving that white Americans are more likely to be hired by “felon-friendly” industries than black and brown populations [16]. Additionally, for those who choose or are only offered incarceration, re-entry to society is often turbulent as they are met with seemingly insurmountable hurdles. Employment opportunities are scarce for those convicted of a felony, and federal housing benefits are restricted from drug offenders [17]. Inevitably, these strict societal conditions following often unjustly given convictions lead to higher recidivism rates, fueling the cycle of criminal injustice while forcing the nation's most vulnerable populations to again remain at the bottom of the social hierarchy [18].
Overall, the criminalization of marijuana and psychedelics is inconsistent with the nation’s promise for racial equity and personal autonomy in society. The legalization of substances would not only constrain and decrease racial inequities for the formerly incarcerated, but would also minimize collateral harms upon reentry into society for minorities, thus beginning to uplift those who the War on Drugs impacted most.
Conflicting Opinions
While there are several racialized benefits to the legalization of drugs, fear about both public safety and the gateway effect use fuels societal hesitation. Some argue that the legalization of drugs would have a detrimental effect on public safety. While it is hypothesized that drug-related crimes would decrease with legalization, many believe that such a policy would trigger an influx of violent crimes [19]. Viridiana Rios, a doctoral fellow at the Harvard Kennedy School, posits that, once the illegal drug industry closes, those who were previously involved in drug-trafficking operations will find themselves unemployed due to lack of skills. Rather than attempting to penetrate legal job markets, these newly unemployed individuals will likely turn to local crime [20]. However, an article by Kylie E. McCarthy of the University of New Haven comments on the lack of consistent empirical evidence that could prove Rios’ claims/ guarantees a decline in crime. McCarthy references a conducted study that analyzed crime rates in local Denver neighborhoods, ultimately noticing a huge increase in violent crimes in neighborhoods without dispensaries as compared to those without [21,22]. But at the same time, a study following marijuana use in Washington demonstrated a drop in criminal activity following legalization of the drug [23]. Overall, considering these mixed results, it does not make sense to reject a shift to legalizing drugs but rather continue to evaluate crime statistics while moving forward with legalization [24,25].
Another key point in the debate against the legalization of drugs concerns the gateway effect, with many believing that the legalization of drugs coupled with the presence of pure substances in the market would trigger greater experimentation with increasingly dangerous substances, possibly increasing the overall harm associated with drug use [26]. However, there is a lack of consistency with data on early drug use relating to substance abuse through adulthood. Furthermore, currently, the criminalization of drugs has the opposite-as-intended effect on the populace and actually increases societal harms in substance abuse [27].
Overall, while there are possible negative side-effects to substance legalization, the benefits greatly outweigh the costs. Prohibition is a proven failure, and despite increasingly restrictive policies on substance abuse, thousands of people continue to be sent to jail, and the drug market is still stronger than ever [28].
The Legalization of Drugs in the Context of Today’s Fentanyl Crisis
The present opioid crisis is at the forefront of our political concerns as the abuse of opioids coupled with counterfeit painkiller prescriptions being laced with highly lethal and potent doses of fentanyl are becoming deadly [29]. However, as the nation searches for a solution to such a rampant dilemma, many conversations conveniently leave out the fact that the suppression of drug use fuels this path of destruction. For instance, a recent study published by the American Journal of Public Health demonstrated that, for every drug-related arrest, the number of lethal overdoses in the area doubled [30]. Furthermore, increasing criminal repercussions for fentanyl-related abuse may discourage people from seeking appropriate treatment resources, exacerbating the crisis [31].
Nonetheless, there is no guarantee that the legalization of marijuana, opioids, and psychedelics will decrease the lacing of illicit opioids. One possible solution that suggests the highest efficacy is community-specific targeted legalization that emphasizes cooperation between the police and general populace [32]. However, if one thing’s for sure, the current system of criminalization is not protecting the American populace.
Conclusion
Overall, there are inevitable risks associated with legalizing drugs as there is no perfect policy regarding substance use. However, our current system of criminalization is failing, and the benefits such legislation would have, as shown relating to marijuana, psychedelics, and opioids, on mitigating racial discrimination and the harms associated with targeted incarceration towards minority populations make this step vital.
Bibliography
“US: Disastrous Toll of Criminalizing Drug Use: Enforcement Destroys Families, Undermines Health,” Human Rights Watch, October 12, 2016, https://www.hrw.org/news/2016/10/12/us-disastrous-toll-criminalizing-drug-use.
“War on Drugs,” Encyclopedia Britannica, August 22, 2023, https://www.britannica.com/topic/war-on-drugs.
David Boaz, “Drug Legalization, Criminalization, and Harm Reduction,” June 16, 1999, https://www.cato.org/testimony/drug-legalization-criminalization-harm-reduction
“Advancing Equity and Racial Justice Through the Federal Government,” The White House, accessed October 24, 2023, https://www.whitehouse.gov/equity/.
“Executive Order 13985 of January 20, 2021, Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” The White House, https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/.
Charlotte Resing, “Marijuana Legalization Is a Racial Justice Issue,” American Civil Liberties Union, April 20, 2019, https://www.aclu.org/news/criminal-law-reform/marijuana-legalization-racial-justice-issue.
Ryan King and Marc Mauer, “The War on Marijuana: The Transformation of the War on Drugs in the 1990s,” Harm Reduction Journal 3, 6 (2006), https://doi.org/10.1186/1477-7517-3-6.
Justin McCarthy, “Two in Three Americans Now Support Legalizing Marijuana,” Gallup, October 22, 2018, https://news.gallup.com/poll/243908/two-three-americans-support-legalizing-marijuana.aspx.
Resing, “Marijuana Legalization Is a Racial Justice Issue.”
Monnica T. Williams, Victor Cabral, and Sonya Faber, “Psychedelics and Racial Justice,” International Journal of Mental Health and Addiction, (2023), https://doi.org/10.1007/s11469-023-01160-5.
“Racial Trauma,” Mental Health America, accessed October 24, 2023, https://www.mhanational.org/racial-trauma.
Monnica T. Williams, Alan K. Davis, et. al., “People of Color in North America Report Improvements in Racial Trauma and Mental Health Symptoms Following Psychedelic Experiences,” Drugs (Abingdon Engl), 28 (2021), https://doi.org/10.1080/09687637.2020.1854688.
Carmen McCrackin, “Oregon Becomes First State To Legalize Magic Mushrooms,” Addiction Center, January 11, 2023, https://www.addictioncenter.com/news/2023/01/oregon-legalize-magic-mushrooms.
Brian Stauffer, “Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States,” Human Rights Watch, October 12, 2016, https://www.hrw.org/report/2016/10/12/every-25-seconds/human-toll-criminalizing-drug-use-united-states.
Ibid.
Zawadi Rucks-Ahidiana, David J. Harding, and Heather M. Harris, “Race and the Geography of Opportunity in the Post-Prison Labor Market,” Social Problems, 68 (2021), https://doi.org/10.1093/socpro/spaa018.
Stauffer, “Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States.”
“Words From Prison: The Collateral Consequences of Incarceration,” American Civil Liberties Union, June 12, 2006, https://www.aclu.org/documents/words-prison-collateral-consequences-incarceration.
G. W. Lynch and R. Blotner, “Legalizing Drugs Would Not Reduce Crime,” Legalizing Drugs, (1996), https://www.ojp.gov/ncjrs/virtual-library/abstracts/legalizing-drugs-would-not-reduce-crime-legalizing-drugs-p-110-113.
Viridiana Rios, “Drug Legalization Could Create More Crime,” The New York Times, May 30, 2012, https://www.nytimes.com/roomfordebate/2012/05/30/should-latin-america-end-the-war-on-drugs/drug-legalization-could-create-more-crime.
Kylie E. McCarthy, “The Effect of Marijuana Legalization on Crime Rates,” EBPSociety, September 22, 2022, https://www.ebpsociety.org/blog/education/525-the-effect-of-marijuana-legalization-on-crime-rates.
Hughes, Lorine A., Lonnie Schaible, and Katherine Jimmerson, “Marijuana Dispensaries and Neighborhood Crime and Disorder in Denver, Colorado,” Justice Quarterly 37 (2020): 461, https://www.semanticscholar.org/paper/Marijuana-Dispensaries-and-Neighborhood-Crime-and-Hughes-Schaible/f4a467907bc6a8716760f960b6909d7cba41ac44.
Davide Dragone, Giovanni Prarolo, Paolo Vanin, and Giulio Zanella, “Crime and the Legalization of Recreational Marijuana,” Journal of Economic Behavior & Organization 159 (2019): 488, https://doi.org/10.1016/j.jebo.2018.02.005.
Stauffer, “Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States.”
“The Effect of Marijuana Legalization on Crime Rates.”
Stephen Nkansah-Amankraa and Mark Minellib, “‘Gateway Hypothesis’ and Early Drug Use: Additional Findings From Tracking a Population-Based Sample of Adolescents to Adulthood,” Preventative Medicine Reports, (2016), https://doi.org/10.1016/j.pmedr.2016.05.003.
Stauffer.
Kailash Chand, “Should Drugs Be Decriminalized? Yes,” Head to Head, 335 (2007), https://doi.org/10.1136/bmj.39360.489132.AD.
“Combatting the Fentanyl Crisis,” Iowa, accessed October 16, 2023, https://governor.iowa.gov/vision-iowa/public-safety#:~:text=The%20leading%20cause%20of%20overdose,being%20laced%20with%20lethal%20doses.
“Criminalizing People Who Use Drugs Will Increase Overdose Deaths,” San Francisco AIDS Foundation, June 13, 2023, https://www.sfaf.org/collections/breaking-news/criminalizing-people-who-use-drugs-will-increase-overdose-deaths/.
Nicholas Turner, “In the Fentanyl Crisis, Lawmakers Are Making the Same Mistakes,” Vera, August 2, 2023, https://www.vera.org/news/in-the-fentanyl-crisis-lawmakers-are-making-the-same-mistakes.
Chand.