Legalizing Street Drugs

Criminal Studies paper I edited and rewrote for a client of mine. You can read the whole essay below.

The criminalization of street drugs has multiple adverse costs on the lives of people who are caught for personal use and possession of these street drugs. The aggressive criminal-justice-system-based approach to prohibiting drug use has not created the improvements in society that were expected; instead has led to disproportionate distress for many. This paper argues in favor of legalizing common street drugs to reduce the distress caused by criminal convictions that disproportionately affect the marginalized, develop a rehabilitation-focused framework for substance abuse and prompt the governmental bodies to focus more on the overarching causes of increased substance use.

Racial discrimination is a prominent issue that is deeply prevalent in the criminal justice system. Multiple studies have shown that communities of color are overrepresented in the system due to an increased rate of convictions, leading to further stigmatization and racial divide. Misuse of power by law enforcement officers and criminalizing possession of drugs both combine to make the marginalized suffer from severe incarcerations. People of color get sentenced to more prison years than their white counterparts and are forced to accept the penalty. Many from lower socio-economic backgrounds are unable to gather enough money for bail and are left in debt from fines and legal fees. Moreover, their criminal record leaves them struggling for housing, employment, welfare assistance, education and in many cases also separates them from their families. It creates further discrimination and societal stigma in their daily lives. Decriminalizing the use and possession of all drugs will lessen the impact on marginalized communities and allow them access to multiple resources without the barriers that result from being prosecuted.

Substances such as heroin and cocaine are highly addictive and can uproot a person’s life if they become physically or psychologically dependent on them.  People use these substances for various reasons and in certain cases addiction results when the underlying cause is stress, trauma, or a pre-existing mental health condition.  People with mental health issues have constant interaction with the justice system. The criminalization of drugs increases the societal and personal stigma people with addiction face which leads to further harm rather than being an effective method of prohibiting drug use. Instead of focusing on a prevention and rehabilitation framework, prosecuting people with severe addiction makes them engage in more high-risk behaviors like needle sharing and buying drugs from illegal drug markets. Barriers to accessing harm reduction services and other rehabilitation resources also create further distress with maintaining relationships, housing, and holding down a job. The legalization of street drugs will lessen this societal, economic, and personal impact. There would be fewer fatalities from a drug overdose when people are educated on the consequences of drug use and can access affordable treatment services without facing discrimination.

The “war on drugs” that started around the 1970s has shown to be extremely costly plus has been ineffective in reducing drug use and distribution. The continuous criminal approach to dealing with the overdose crisis in recent years has caused more complications than improvements. As mentioned previously, there are various reasons for substance abuse. Prolonged life stressors, past trauma, and other mental health issues all contribute to increased dependence on drugs. While drug dependence can lead to housing and employment trouble, the same occurs the other way around as well. Constant homelessness and dire unemployment can lead to many resorting to drug misuse as a form of self-medication. For example, the Downtown Eastside community faces a disproportionate amount of houselessness, poverty, and substance abuse problems. Their adverse experiences with the welfare assistance and social service programs (that are based on a colonial mentality) force them to not seek help when needed. The City of Vancouver, in their 2014 “Caring For All” report, suggest innovative plans to address the city’s mental health crisis like adding more treatment teams and supportive housing for people with psychiatric issues. However, without asking the impacted communities what they need and without acknowledging the underlying institutional causes that lead to homelessness and substance abuse; change cannot occur. By legalizing drug possession and use, the government can focus more on improving housing conditions, employment rates, educating the public, and reconstructing the colonial, racialized social mechanisms to provide better access to resources.

Rethinking the approach to minimizing drug use and legalizing possession of common street drugs will allow governmental bodies to focus on prevention and rehabilitation. Alleviating the personal, social, and economic consequences of existing aggressive policing will create better improvements for individuals and society at large. Addressing basic needs like housing, income, education, and having informed treatment programs will create more societal change and lessen the impact on marginalized communities.