Over recent years, an increasing number of Americans have expressed their support for legalizing recreational marijuana. of US adults believe that marijuana should be legal for both medical and recreational use. Connecticut has now become the 18th state to legalize recreational marijuana–and it doesn’t stop at weed. Some US cities have begun decriminalizing magic mushrooms (Psilocybin) and Oregon is now the first state to decriminalize possession of small amounts of all drugs including heroin, methamphetamines, LSD, and cocaine. So, the question arises: Did drugs win the war on drugs?
Concerning the conversation on drugs, it is important to understand the differences between drug decriminalization and legalization, as these terms are often mistakenly used interchangeably.
With “legalization,” a substance becomes a regulated legal product and enters federal and state regulations. Government agencies determine policies that form how a particular substance will be legalized, distributed, and managed. For example, Oregon is the only state where Psilocybin is decriminalized and legal, but individuals can only access this substance through a licensed professional. While Oregon recognizes Psilocybin as a legal substance, it is still considered to be a under the Controlled Substances Act. Criminal penalties can still occur if manufacturing, sales or consumption of these substances occur outside of government regulations.
‘Decriminalization’ involves the reduction or elimination of criminal penalties for drug law violations. In several , individuals can be caught with small amounts of marijuana for recreational consumption and won’t be prosecuted, jailed, or receive a criminal record. Like receiving a parking ticket, a fine is charged, but you don’t risk jail time. Decriminalizing marijuana involves changing the forms of punishment for possession and personal use so that it is seen as a violation instead of a misdemeanor or felony.
The decriminalization movement falls under a wider change against the severe criminal justice policies that emerged during the War on Drugs in 1971. A report by the American Civil Liberties Union discovered that marijuana arrests make up approximately half of all drug arrests, with police making over 7 million marijuana possession arrests between 2001 and 2010. These arrests were vastly skewed by race–Although Black and white people consume marijuana at equivalent , Black people were 3.7 times more likely to be jailed for marijuana possession. These arrests can severely impact individuals’ lives and their communities. Being arrested for even small quantities of marijuana can prohibit someone from receiving student financial aid or public housing, keeping or finding employment, losing custody of their children, or even deportation.
Similar to Oregon’s drug legislation, Portugal has decriminalized public and private use of all drugs since 2001. Instead of relying on prosecution and imprisonment for drug-related violations, individuals in Portugal caught in possession of illicit drugs are referred to social workers and medical professionals. Portugal intended for individuals who were suffering from addiction to receive help by referring them to either rehabilitation centers, community service activities, or paying a fine.
As a result of Portugal’s public health approach to drug usage, opioid overdoses, addiction rates and prison overpopulation have . A did discover that drug experimentation increased after decriminalization, but most experiments did not lead to regular use. More troubling was the 41% increase in the rate of murder during the five years after decriminalization was established in 2001.
Mike Marshall, director of Oregon Recovers, is apprehensive about decriminalization, as he believes the state may not have the means to tackle reduced access to treatment. “Their goal is to move people out of the criminal justice system into the health care system. But the health care system isn’t ready to receive them," Marshall . However, support and endorsements from nearly a dozen Oregon treatment and organizations have claimed approval for decriminalization.
So, should other states follow Oregon in decriminalizing all drugs? Are US citizens even interested in the decriminalization of all drugs? No. In a 2016 , apart from marijuana, around two-thirds of 2,000 registered US voters claimed that they do not support decriminalizing non-marijuana drugs. Voters were even less supportive of legalizing non-marijuana drugs for medical or recreational purposes. If drug policy reformers are wanting to progress in the decriminalization of drugs, the American population will require more convincing. Until then, Oregon's drug decriminalization legislation just may be the beginning of the end of the war on drugs.
The Student Movement is the official student newspaper of 老司机传媒. Opinions expressed in the Student Movement are those of the authors and do not necessarily reflect the opinions of the editors, 老司机传媒 or the Seventh-day Adventist church.