Decriminalization of Drugs

Arguments for Drug Decriminalization

Proponents of drug decriminalization believe strongly that the criminalization of drugs is the result of a historical moral opposition to drug use and the subsequent overapplication of criminal law. From this perspective, the extension of criminal law to an issue that does not have a strong public consensus overburdens the criminal justice system through the arrest, prosecution, and imprisonment of nonviolent offenders at a cost to society of billions of dollars each year. Today many Americans view the use of at least some currently illegal substances as a victimless crime. Approximately 100 million Americans indicate they have tried marijuana, and 72% believe that incarceration for marijuana use is an unreasonable and excessive punishment. Current laws vary dramatically from state to state for simple possession offenses. Some states treat possession of small amounts of marijuana as a civil matter (essentially [Page 185]a decriminalization position), whereas other states, like Alabama, impose a sentence of 15 years to life for a third conviction for marijuana possession. If drug use were decriminalized, it would be treated as a civil matter, and citizens would not be incarcerated for possession of a regulated amount of a decriminalized substance. This would allow law enforcement to refocus its efforts on high-level drug dealers and traffickers.

Related to this is the argument against the effectiveness of imprisonment in “solving” prevalent drug issues. Many public health experts believe that substance abuse would best be resolved through the use of a variety of medical and social services, as opposed to incarceration. This is the essence of the harm reduction model, in which the goal is to reduce the harm that results from both drug use and current drug policies. With decriminalization, there would be proportional penalties for the recreational act of substance use that even drug authorities assert can never be entirely eliminated.

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