Over the years, there have been increased concerns over the effectiveness of America's War on drugs which to a great extent has failed. The war on drugs was declared in 1971 by President Richard Nixon to combat illegal use of drugs, as a result, the country has experienced an overall increase in enforcement, penalties; hence longer prison sentences as well as incarceration rates for drug offenders. Despite America's war on drugs some of the negative trends in relation to drug use have been such as mass incarcerations, high overdose deaths, rise in crime rates and HIV/AIDS infections among drug users. Therefore, the US war on drugs; marked by stricter punishment for offenders, having done more harm than good, decriminalization is the ultimate solution to most of the problems commonly associated with the use of drugs. This paper thereby analyses some of the arguments for the decriminalization of drugs, which include promotion of public health and safety, reduction in drug-related crimes and economic advantages, arguments against decriminalization as well as their counter-arguments.
Arguments for Decriminalization of Drugs
Promotion of Public Health
Generally, criminalization of drugs entails the removal of all criminal penalties that are linked to drug law violation. Today, more than two dozen of US cities as well as states have taken active steps towards the decriminalization owing to the numerous advantages associated with decriminalizing drugs such improvement in public health and safety. In the contemporary world, despite the strict laws on drugs, drug overdoses are a leading cause of what is termed as injury death in the US resulting in more than 50,000 deaths every year. Moreover, the US has also witnessed an increase in crime rates, drug addiction rates, HIV/AIDS infections arising from drug use and intimate partner violence as a result of drug use among other problems, according to research studies, decriminalization results in drastic reduction these cases.
Concerning this, by decriminalizing drugs the criminal justice system is able to divert some of the massive law enforcement resources used in arresting and punishing drug offenders, in preventing more serious crimes and in not only expanding but also improving drug prevention, treatment, harm reduction, as well as social reintegration programs which will enable willing citizens to receive free and effective rehabilitation programs (Davis, 2017). In addition, although drug users tend to avoid seeking assistance in order to hide their habits, however, decriminalization ultimately changes people’s perception of drug use from a legal problem to a normal disease, this will in, turn, minimize social exclusion of drug users or stigmatization hence, creating a climate in which drug users are less fearful of seeking treatment which will consequently improve the overall public health (Approaches to Decriminalizing Drug Use and Possession, 2016).
Furthermore, decriminalization of drugs provides an opportunity for drug offenders to get help in rehab programs offered by the government after being arrested as opposed to being sent to prisons where most of them do not receive adequate treatments and rehabilitation services; hence, resulting in high recidivism rates. Decriminalization also aids in suppressing a counter-culture that both encourages and celebrates drug use, particularly among teenagers, thus reducing drug use among teenagers (Vittana, 2016).
Economic Benefits
One of the primary problems associated with drug use is mass incarceration, today, approximately one million people are arrested annually for drug-related offenses, moreover, according to statistics more than half of the US prison population comprises of prisoners serving both short and long sentences for violation of drug laws, such as on possession and use of illegal drugs including crimes directly associated with drug use (Drug Policy Alliance, 2015). In turn, mass incarcerations have led to increased taxes for the taxpayers to sustain the prison population, hence, becoming a burden to the taxpayers. Therefore, reduction of the prison population by an almost half will limit the resources used in the criminal justice system to punish drug offenders, resources which can be used for other purposes such as preventing other serious and violent crimes (Davis, 2017).
Decriminalization of drugs use to a great also protects individuals from debilitating and wide-ranging consequences associated with criminal convictions; hence, without criminals records drug offenders are able to reintegrate into the society as active members of the American workforce thereby promoting the nation's economy, unlike in the case of drug offenders with criminals records which prevent them from acquiring necessary resources such as education and employment (Sabbag, 2016, 19). Another benefit associated with decriminalization of drugs is the fact that it will act as a source of taxes and other associated fees for the federal government such as in the case of alcohol and tobacco sales. In turn, these taxes could be used in the national budget as well as in funding drug awareness programs as well as treatment programs for the American citizens (Sabbag, 2016, 19).
Reduced Crime Rates
Decriminalization of recreational drugs also offers an opportunity to reduced drug-related crimes. Concerning this, in the US criminal justice, most offenders are behind bars for petty crimes associated with drugs use with an aim of maintaining their addiction (Leuw & Marshall, 1994, 233). Consequently, legalization of recreational drugs will ultimately eliminate crimes committed to sustain addictions because people will be able to purchase their desired drugs at reasonable prices. Perhaps one of the biggest advantages of decriminalization is that it will ultimately take away control individuals particularly drug gangs that primarily use violent tactics to maintain control over the drug trade (Leuw & Marshall, 1994, 233). Therefore, murder as well as, violence often accompanied by drug trafficking activities would end swiftly due to legalization of drug use.
Arguments Against
Argument
Deterioration of Public Health
When it comes of the drug decriminalization debate, the opponents of the legalization argue on the basis of a possibility of the number of individuals that abuse drugs skyrocketing due to both the availability of drugs in relatively cheap prices making them easily accessible (Leuw & Marshall, 1994, 235). Moreover, in a free market sales companies as well as manufacturers would be able to launch advertisement campaigns with an aim of protecting potential users which is in an undesirable situation since these drugs not only inflict physical harm but also social, and reproductive impairment to drug users' behaviors and in some instances result in drug overdose thereby, affecting public health. Moreover, with increased drug use, the opponents of drug legalization argue that this will increase the number of HIV/AIDS infections.
Counterargument-
While it cannot be denied that legalization of drugs would result in rise in the number of drug users due to ease in access of drugs, decriminalization of drugs would ultimately allow the federal government to regulate the quality of drugs provided to its citizens; hence, ensuring the safety of these drugs for consumption purposes which would ultimately reduce chances of possible medical emergencies that can arise from inappropriate ingredients as well as overdoses from unpredictable strengths (Sabbag, 2016, 19). Moreover, government initiated campaigns among other preventative programs will help in preventing rise in drug use, by creating adequate awareness on their effects as well as some of the associated health problems that can arise from sharing syringes and injections such as HIV/AIDS and how to prevent one from acquiring them.
Increase in Societal Violence (Crimes)
The opponents of legalization of drugs also argue that such a measure would result in high levels violence especially domestic and partner violence resulting in crimes such as murder, concerning this, intimate partner violence is one of the leading causes of women deaths therefore, legalization of drugs would only worsen the situation. Moreover, legalization of recreation drugs would also lead to upsurge in the number traffic accidents as a result of driving under the influence.
Counterargument- Although there can be an increase in the violence and traffic deaths, however, drugs are not the main problem for both traffic accidents and violence in the society as alcohol is the main problem. Concerning this, in accordance to the National Council on Alcoholism and Drug Dependence, alcohol accounts for more than 40% of violent crimes in the modern society while it is the leading cause of traffic related deaths.
Conclusion
Conclusively, the American war on drugs having failed, it is only right to try a different approach which entails legalizing drug use. Some of the advantages of decriminalizing drugs include, increasing public health as people are open to receiving rehabilitation services and reduce rates of crimes mostly those committed to maintain addictions. On the other hand, some of the economic benefits of decriminalization are associated with reduction in mass incarceration rates and taxation of drugs.
When it comes of legalization of recreational drugs countries such as Portugal act as a model for other nations particularly the US to emulate. Unlike the US, faced with widespread concerns over drugs use, in 2000, the Portuguese government took a somewhat different approach; in reducing the rates of drug use and its associated problems, which involved decriminalizing drug use; hence, rejecting the "war on drug" (Approaches to Decriminalizing Drug Use and Possession, 2016). It also placed the responsibility of decreasing the demand of drugs under its Health Ministry as opposed to the conventional Ministry of Justice. Nearly one and a half decades later, Portugal has experienced low rates of drug use especially problematic adolescent drug use, reduced incidents of HIV/AIDS infection as a result of drug use, fewer arrest and incarceration rates, as well as a reduced number of drug-induced deaths. At the same time, the country has experienced a significant increase in the number of individuals seeking and receiving treatment (Approaches to Decriminalizing Drug Use and Possession, 2016). Therefore, decriminalization is the ultimate solution to problems associated with use of drugs.
References
Approaches to Decriminalizing Drug Use and Possession. (2016). Drug Policy.Org. http://www.drugpolicy.org/resource/approaches-decriminalizing-drug-use-and-possession-englishspanish
Davies, J. (2017). “4 Reasons Why The US Needs To Decriminalize Drugs – And Why We’re Closer than You Think”. https://www.huffingtonpost.com/entry/4-reasons-why-the-us-needs-to-decriminalize-drugs-and-why-were-closer-than-you-think_us_5963e1bde4b005b0fdc7926e
Drug Policy Alliance. (2015). The Drug War, Mass Incarceration and Race. https://www.unodc.org/documents/ungass2016/Contributions/Civil/DrugPolicyAlliance/DPA_Fact_Sheet_Drug_War_Mass_Incarceration_and_Race_June2015.pdf
Leuw, EL. " Marshall, I H. (1994). Between Prohibition and Legalization: The Dutch Experiment in Drug Policy. Kugler Publications. Pp. 365.
Sabbag, D.W. (2016). Rebuilding the United States. First Edition Design Publications. Pp. 104.
Vittana. (2016). 16 Decriminalization of Drugs Pros and Cons. Vittana.Org. https://vittana.org/16-decriminalization-of-drugs-pros-and-cons
