The State of Drugs

by Jeremy Richter

Drugs, especially marijuana, have become a key issue for American voters in recent years. Most Americans are on board with full marijuana legalization. That alone, however, is not enough. We need to work towards Portugal's model of decriminalization of all drugs, and then, after, legalize them all.

The State of Pot

The last decade has been historic for marijuana legalization. Marijuana has become fully legal for recreational use in 16 states since 2012, with other states, like Connecticut, having measures for full legalization moving through the legislative process. Public opinion has shifted massively in recent times, with more than two-thirds of Americans supporting full legalization as of late 2020, including 48% of Republicans, the highest amount of support since Gallup began polling the issue in 1969.

However, marijuana is not the only drug with widespread use in the United States. Millions of people use other substances like psychotherapeutics, heroin, and cocaine. While Oregon decriminalized drug possession recently by way of ballot measure, no other states have done the same. Decriminalization of all drugs is not quite as popular as marijuana legalization, but a majority of Americans support drug offenses to be reclassified as civil offenses rather than crimes. Such measures in Oregon are estimated to decrease the racial disparity in drug arrests by as much as 95%.

The State of Definitions

Before proceeding, it’s important to detail the different definitions of the two terms. Decriminalization most often refers to when drug possession is treated as a civil offense rather than a criminal offense, somewhat like a traffic violation. Users are sent to treatment centers rather than prison, and dealing or trafficking is still prosecuted. This is opposed to legalization, where businesses are allowed to sell the drugs with proper licensing, and the drug is fully legal for adults to use and possess.

The State of Congress

Federally, legalization of marijuana has faced an uphill battle in the Senate. House Democrats recently passed the MORE act to decriminalize marijuana federally, but it unfortunately died in the Senate, as it lacked the 60 votes needed to go through the filibuster.

Even without the filibuster in place, marijuana decriminalization is unlikely to pass in the current Senate. Conservative Democrats like Joe Manchin (D-WV) have historically opposed the idea, and recently reaffirmed their opposition. Even if more libertarian senators like Rand Paul (R-KY) may side with Democrats, with senators Jon Tester (D-MT) and Jeanne Shaheen (D-NH) still opposing the measure, the hope seems slim. Especially because President Biden has taken no actions thus far on his campaign promise to decriminalize marijuana, and even fired staffers who used marijuana in the past, it’s difficult to imagine him pressuring those democratic holdouts.

Still, there is hope. Vice President Harris was a champion for marijuana rights during her time in the Senate, becoming the lead sponsor of the MORE act. It’s possible that she could help push the President in the direction of marijuana decriminalization, much as Vice President Biden did to President Obama to support the legalization of gay marriage. And, if she ever assumes the Presidency, progressives can likely count on an ally to marijuana decriminalization in the White House.

The White House has also been open to negotiations with key progressive leaders like the Squad. Polling consistently shows progressive policies are enormously popular, and President Biden can see it. Senate Majority Leader Chuck Schumer (D-NY) has also seen how popular marijuana is nationally and may be planning to use it as a cudgel to help the Democrats in the midterms. Promising such popular legislation could be the push that Democrats need to gain in the house, especially with Senate hopefuls like John Fetterman (D-PA) making it such a keystone of his platform.

Federally, decriminalization of all drugs has a long way to go. Almost no politicians in Congress support the measure, and even very progressive senators like Bernie Sanders (I-VT) haven’t come out in support of it. Any bill for federal decriminalization of all drugs would be dead on arrival. There has been little pressure put on politicians towards the issue. Before any federal decriminalization bill could have a chance of passage, it needs to enter mainstream discourse, garner powerful allies, and become a central issue for voters.

The State of Decriminalization

Long before Oregon, Portugal revised their drug policy to one of decriminalization, where drug possession was no longer prosecuted. Users would instead be sent in front of a committee that consisted of at least one medical expert, who would ask questions and provide advice accordingly. Instead of treating addiction as a criminal issue, as it is in the United States, Portugal treats it as a medical issue, and the results have been promising.

Somewhat counterintuitively, Heroin usage in Portugal has dropped by 75% since 2001 (when decriminalization was implemented). AIDs transmission by way of needles dropped by 90%. Portugal’s drug mortality rate is now the lowest of all European nations and 1/50th the rate of the United States. Moreover, by lowering usage so significantly, they have cut convictions for drug trafficking by as much as 50%.

While the mortality rate in Portugal has plummeted, the United States still sees 64,000 overdose deaths per year, more than the total number of people that died in the Vietnam, Afghanistan, and Iraq wars combined. Our efforts have not only been ineffective, but expensive. We spend $50 billion annually on drug policing, though only about 10% of illicit drugs are captured. By every metric, Portugal has dealt with the drug crisis much better than the United States.

The State of Legalization

Though decriminalization has been proven to have better outcomes than criminalization, full legalization of drugs is the better end goal.

Ethically, it seems like the natural conclusion. Drug use does not directly harm anybody but the user. As adults, it is our right to choose what substances we knowingly put in our body, and there is no compelling reason that should not apply to currently illicit substances like cocaine or heroin. Though they may be harmful and addictive, it is not the government’s job to prohibit their usage, no more than it is their job to restrict someone’s diet. The government’s job is more to regulate substances like alcohol or tobacco and educate people about their harmful effects, which is why our tobacco usage rate is at an all-time-low.

Prohibition wasn’t the answer to tobacco. Instead, higher taxes and prices curtailed usage, while the revenue generated funded anti-tobacco ads and programs to get people the help they need. Other illicit substances should follow suit. Through legalization, the government would be able to control the prices and generate revenue, rather than having all the money go to cartels. Moreover, drug policing expenditures would be cut almost entirely. The money generated and saved could fund anti-drug ads, rehab centers, and healthcare for people who need it, which are proven to be more effective.

Legalization would also allow the government to significantly cut overdose deaths. Currently, most overdose deaths do not come from the drugs themselves, but from the substances they are laced with, which are often much more potent. The head of the American Society of Addiction Medicine, Dr. Nora Volkow, has spoken on this issue. She says:

It's rare to find people who only overdose on cocaine or who only overdose on methamphetamines. Fentanyl is being used to lace the illicit drug market because it's very profitable.

Through legalization, usage may increase, but the danger of that usage would be sharply curtailed, and people would have better access to the resources they need to recover from addiction.

It’s the clear answer to protect our rights and public health.

The State of Summation

It seems that while public opinion has shifted in favor of marijuana legalization, decriminalization (and subsequent legalization) of all drugs will have to wait. The next drug rights campaign after marijuana may be for heroin, cocaine, etc. Decriminalization would go a long way to undoing the effects of the War on Drugs, decrease the racial bias in our justice system, and save on some of the astronomical cost of policing. Legalization would go further, generating more revenue and saving lives through regulation and taxpayer-funded treatment.