Nikkail Jensen Professor Kati Lewis English 2010 Fall 2017
Investigative Information Effect Project November 2017
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Persuasive Project October 2017
The Solution We Have Been Waiting For
HIV. AIDS. Overdose. Mass incarceration. Addiction. Racism. Mass criminalization. Death. Despite often seeming disconnected, these very real problems are all connected through one thing: drugs. Drug abuse in the United States is reaching an alarming state. The National Institute on Drug Abuse found that over 64,000 people died of overdose in the United States in the year 2016 (Overdose Death Rates, par. 3). That number does not account for the number of people who received HIV and AIDS as a result of unsafe drug use. As drug abuse continues to be a growing problem despite government efforts to regulate and stop it, a new solution has arisen: decriminalizing all drugs. Decriminalization is an often misunderstood concept. It simply means that nobody gets arrested, goes to jail or prison, or faces criminal punishment for possessing a small amount of a drug for personal use (Davies, par. 2). People are free to seek rehabilitation without fear of the law. There are many different opposing viewpoints on decriminalization, all of which provide valid, reasonable evidence for their side. At the end of any debate, however, everyone has one common goal: stop the epidemic that is drug abuse in America.
Critics of decriminalizing all illicit drugs argue that legalizing drugs that were previously illegal will only make these harmful substances more affordable, available, and convenient. It would send a message of tolerance for drug use to the public, specifically to young people in America. This point of view is reasonable: drugs would be available legally and without fear of the law. This could potentially increase drug use. In The White House Conference for a Drug Free America in 1988, the opening statement delivered by Chairman Lois Haight Herrington reads “....So long as we tolerate drugs, think they are sophisticated or mildly resque, we will never rid ourselves of this national albatross” (White House Conference, 2). Before exploring any solutions, the overview of the conference states, “The legalization of illicit drugs is not a solution, but rather a profound mistake. Legalization appears seductively simple and yet, like most simplistic solutions to complex problems, it would create problems even more difficult than it purports to solve. To legalize drugs is to make them more readily available, and as an inevitable consequence, more widely used, and this is simply unacceptable. Illicit drugs are far too destructive to the health of our citizens and the strength of our national character. If our methods for eliminating such a deadly force from within our midst are not working well, the answer lies in improving them-not in giving up and unleashing destruction in our land” (White House Conference, 8). This makes their point of view very clear. People against decriminalization strongly agree that it is not the quick fix that people want it to be; instead, it is wrong and would ultimately only expand and normalize drug use. This statement expresses the sentiment that a new solution is not necessary; if the current methods for ending drug abuse is ineffective, then they should just improve it. Decriminalization is not necessary.
However, their reasoning is not limited to just increased use. There is also the argument that many drug users are also guilty of murder, rape, domestic violence, theft, and many other crimes. Legalizing drugs would only increase these other crimes (Against Legalization, par. 5). While ideally this would not happen, they are correct; it could. The actual effects of legalization are unpredictable. A certain amount of trust in the people is required to make such a decision; it is about putting the burden of choice and freedom on the backs of the general public instead of safely in the hands of police and government officials. That is a scary thing. Trusting people to be responsible on their own has no guaranteed outcome.
These points made by critics are valid, and they have evidence behind them; a study by the National Institute on Drug Abuse concluded that “increased drug availability is associated with increased use and overdose” (Increased drug availability, par. 2). However, the drug prohibition that began with President Richard Nixon’s War on Drugs and continues today has been ineffective. For years we have been fighting drugs and demanding that those using them be punished, and yet nothing is changing. Drugs are readily available to anyone who wants them. Drug use continues to skyrocket. Drug lords and cartels continue to thrive. Deaths from overdose and arrests for possession still occur as frequently as ever. If this solution was working, and if making these drugs illegal was decreasing drug use, then maybe critics would be correct.
However, drug use is not decreasing. In fact, The Substance Abuse and Mental Health Services Administration conducted a survey that found that the number of Americans who admitted to using an illegal drug within the last month has gone up from 8.3 percent in 2002 to 9.4 percent in 2013 (Bose). This study shows an undeniable increase, and the efforts of officials to keep illicit drugs away from Americans have been ineffective. Many people who do suffer from addiction and want to seek help are hindered by the law, and often end up dying instead of admitting their problem. They would rather continue to live in pain and suffering than be imprisoned for their mistakes. People across the nation are treated in emergency rooms, rehabilitation centers, and psychiatrist offices for alcohol and nicotine addictions. Everyone deserves this same treatment, regardless of the substance causing the addiction.
Mark Twain once said, "It is the prohibition that makes anything precious." Therefor, the answer lies in ending prohibition altogether. The strongest argument against critics, however, is what has happened in Portugal. During the twentieth century, Portugal fell under a military dictatorship that lasted fifty years. When democratic control was finally regained, many native Portuguese people returned to Portugal from its colonies. In these colonies, however, these people had been considered outsiders and outcasts, and many were already using illegal drugs. This caused the drug use in Portugal to skyrocket over the next twenty five years. Most notably, their rates of HIV/AIDS and other dirty needle diseases was significantly higher than the rest of the world (Portugal's Experiment... sec. 2). They needed to take action.
In 2001, Portugal moved to decriminalize all drugs. What is essential to understand, however, is how decriminalization works. It does not mean that illicit drugs are just up for grabs. The laws mirror those for alcohol and nicotine, except being slightly more strict in some instances. Drug smugglers and dealers are still sought out and punished, similar to somebody selling alcohol or cigarettes to people that are underage. Individuals may only possess a very small amount of the drug without being prosecuted as a dealer. Drug use can still have you arrested, but instead of being sent to prison, you are sent to a counselor to help you explore and overcome your addiction. The money that previously went to arresting and imprisoning people possessing drugs was allocated to programs assisting in rehab and recovery for addicts who chose to seek it (Portugal's Experiment... sec. 3). This makes drug addicts much more likely to seek help. They have the security of knowing that their addiction will be treated as a medical, rather than criminal, problem.
The immediate benefits of decriminalization also included people turning to more natural drugs, like marijuana and cocaine, instead of synthetic, and probably much more dangerous, drug options. If the government is able to regulate drug distribution, then the substances have to be up to a certain standard; no more contaminating drugs to increase dealer profit. No more adding glass to cocaine to make it more physically addictive. If people do choose to do drugs, they have access to the purest form of the drugs that will be the least damaging to their overall health. Along with regulating the quality of drugs, the government is now able to ensure the use of clean and sanitized needles. Anybody in Portugal can go to their local pharmacy and pick up free needles that are up to a certain standard set by the government. This has significantly lowered the spread of HIV/AIDS and other infections.
The most important question, however is: did the decriminalization lead to the increased use and overdoses predicted by many? No. The reported deaths from overdose in Portugal has gone down to three per million, as opposed to the European Union average of 17.3 per million. While drug use did increase shortly after legalization, it has gone back down and actually decreased since 2001 (Ingraham). This success, if nothing else, is one of the strongest arguments for the decriminalization of all drugs. As the Transform Drug Policy Institute says in its analysis of Portugal's drug laws, "The reality is that Portugal’s drug situation has improved significantly in several key areas. Most notably, HIV infections and drug-related deaths have decreased, while the dramatic rise in use feared by some has failed to materialize” (Ingraham). The evidence in support of decriminalization is not based on ideas and speculation; it is history and fact. The success of ending prohibition of alcohol and the outcome of the policy change in Portugal speak for themselves. Legalizing drugs is not something to be afraid of; it is simply the next step towards a safer, healthier America.
It is not going to happen all at once. Portugal has taken baby steps and refined their drug policy over the years. It isn’t easy, but it is possible. America needs to begin with ending the War on Drugs. Just as with prohibition of alcohol, it is only making matters worse. A policy similar to the one in Portugal should be explored; where dealers and smugglers are still harshly punished, but people who would probably have access to the drugs anyways are able to legally obtain a small supply of the purest form of the drug, and have the option to seek rehabilitation when they want to. After analyzing all available evidence, the conclusion is clear: decriminalizing drugs is not just an idea or a fantasy anymore. It is a very real solution that should be explored by lawmakers in the United States. It is a radical idea; not everyone is going to agree, at least not anytime soon or all at once. However, it is an idea that needs to be spread. People need to understand what it means, and that these words we have feared for so long, like “drugs” and “legalize” are not bad words. Evidence shows that they may be the best chance that we have to end the reign of terror that drugs continue to hold on America.
The benefits for decriminalization are endless: it could decrease drug use, slow the spread of HIV, provide help for those who are seeking recovery from addiction, end drug related violence, stop drug cartels, and many other things. There is a better solution than this prohibition that has been going on for years. While it may have seemed valid at one point, time has shown that it is not going to be effective anytime soon. It is time to explore new ideas and accept that sometimes letting go is the easiest way to start revolution. We all have the same goal: stopping the epidemic that is drug abuse in America. The first step towards reaching that goal is to decriminalize all drugs.