Mental Health
December 10, 2023
America has been fighting a “Waron Drugs” since the 1970s, with drug dealers and users alike facing strictcriminal penalties. Yet, opioid use andoverdose have become a crisis despite the harsh punitive measures. In an effort to prevent deaths from an opioidoverdose, our federal government has proposed measures that focus on everythingto the accessibility of recovery to even tighter controls on opioids.
Not all of these methods areequally effective—and some local governments are authorizing new programsfocused on treatment, not punishment. From increasing access to medication-assisted treatment (MAT) to establishing drug courts, Americans struggling withsubstance use now have options beyond a jail cell.
Some locales have taken thisphilosophy even further: Seattle recently stopped prosecuting drugpossessionfor users with less than one gram of a drug on their person. Local officials, with resources stretchedthin by drug cases, were inspired by Portugal’s successful movement todecriminalize drug use and offer treatment instead of punishment. Evidence indicates that the Portugueseapproach may help reverse America’s drug crisis. But how will that look when translated tomeet the struggles and needs of each state in the US?
In some cases, arrestees areoffered alternatives before they go to trial. This is the case in many state drug court programs. Though they may have to admit guilt to beinducted into the program, drug users who choose to participate undergo asupervised, education-based program that helps them find sobriety. Some programs require additional elements,such as counseling or continued participation in work, to help participantscreate structures that will outlast the program.
In other cases, those arrestedfor drug use (or for crimes committed under the influence) may, after a trial, receivea court order to enroll in a rehabilitation program in lieu of a jailsentence. Requirements range fromtraditional inpatient rehab to alcohol and drug education to community service. The goal of these programs is to remove thedamaging influence of drugs and alcohol from the participants’ lives, thusmaking them less likely to commit future crimes.
Americans have recently adopted amore liberal attitude toward drugs than they had at the height of the drug war. Voters in 33 states have elected to makemarijuana use legal—either for medical or recreational purposes—and eachelection seems to bring a new wave of marijuana-friendly laws. Once a felony, marijuana use hasexpanded…with no signs of a “weed epidemic” sweeping the streets.
Being “tough on crime” leads tomore recidivism than does taking a rehabilitative approach. The same is true when it comes to drug use;studies have found that imprisonment rates have nocorrelation with drug use or overdose rates. In light of this evidence, many states are opting to take a softerapproach to addiction control. More thanhalf of the states in the US have opted to reduce “mandatory minimums” for drugoffenses.
In response to the opioidepidemic, many locales have also opted to establish or expand alternativesentencing programs like the ones mentioned above. Rather than use resources on a jail sentencethat ultimately does nothing for the underlying problem of addiction, they givenonviolent offenders a chance to work toward sobriety. California is among these reform-mindedstates, and has one of the lowest drug imprisonment rates in the country(joined by other coastal states MA, WA, OR, NH, and NJ, all under 45%),
Is it a good thing to skip jailentirely in cases of addiction? Afterall, substance use can cause crime and even endanger others…right?
If the goal of our criminaljustice system is to reduce crime and build safer communities, jail isn’t theright answer when it comes to substance use.
Only 10% of inmates withsubstance use disorders receive MAT within jails, while 90% may have little orno support when it comes to beating addiction. In fact, being in jail may only pile onto the stressors that drove theseindividuals to seek out drugs in the first place, compounding the problem.
Upon being released from jail,former drug users find themselves lacking stability: they are jobless,potentially homeless, and have a diminished support system of friends andfamily. If they are trying to avoiddrugs and alcohol, these former inmates may not even want to associate with oldsocial groups for fear they will start using again. On top of this, their tolerance for drugs hasdecreased—but their craving is likely going strong. This creates the perfect storm for drugusers: they are facing a harsh environment that makes them want to take theedge off, but their bodies are not ready for the large dosages that they hadadapted to before their jail time.
Treatment programs, on the otherhand, address many of these issues head-on. Rather than being thrown in jail and made to go “cold turkey” without anysupport, they provide the emotional and psychological help needed tosuccessfully overcome addiction. Becausemany of the programs allow, or even require, continued attendance to school ora job, participants do not lose their social networks or their means of makingmoney. And, if they feel those oldcravings coming back, they know they have a group of peers who will help thempersevere. And, treatment programsprovide transitional plans to help their patients re-integrate into their oldlives without turning back to substance use.
It’s no wonder that participantsin drug courts are more than twice as likely to successfully complete atreatment program than users who were jailed and then released on probation.
Another important differencebetween jail and treatment is the public perception and stigma thatresult. Anyone who serves a jailsentence must be a criminal, and therefore a bad person. Seeking treatment, however, is viewed as asign of strength and self-awareness. Byallowing drug users to seek recovery rather than sit in jail, alternativesentencing policies are rewriting the narrative of addiction and helping todiscourage the negative language that can impede recoveryefforts.
Jail populations in Californiaare steadily declining thanks to alternative sentencing options that helpnonviolent offenders stay connected with their lives and communities duringrehabilitation.
Some of the alternative sentencesoffered by the state include:
No one wants to be addicted…and when thecriminal justice system allows drug users to access help rather than takingharmful punitive measures, drug use and overdose rates drop.