Re-Evaluating the War on Drugs: Decriminalizing Drugs in the U.S.

By: Jessica "Lulu" Lipman
Jessica “Lulu” Lipman is a junior at the University of Pennsylvania studying English.

In June of 1971, President Richard Nixon asserted that drug abuse was “public enemy number one” and sought to make every drug illegal in the so-called War on Drugs. These new measures led to a sharp increase in mass incarceration, which disproportionately affected black Americans [1]. Now, 50 years later, the War on Drugs is slowly coming to an end, as more and more drugs are being decriminalized.

In February 2021, Senator Scott Wiener introduced a bill that would not only decriminalize many drugs for personal use, including Ketamine, DMT, MDMA, LSD, and psilocybin (the active ingredient in “magic mushrooms''), but also expunge the records of people who were convicted of possession of such drugs. This is not the first bill of its kind. In 2019, Oakland, CA and Denver, CO both passed resolutions that decriminalized psychedelic mushrooms. In Oregon and Washington DC, mushrooms can be used for medicinal purposes. Additionally, in some areas of California, New Jersey, Massachusetts, and Michigan, lawmakers have passed legislation that decreases the penalty for individuals caught in possession of psychedelic drugs [2]. 

The strides taken towards the decriminalization of psychedelics come as a result of a growing number of studies that have shown the positive effects that psilocybin can have on people who suffer from a plethora of mental health issues, including depression and anxiety. For example, The Center for Psychedelic and Consciousness Research at Johns Hopkins University is currently researching how psilocybin and other psychedelics can help overcome opioid and alcohol addiction, as well as treatment for eating disorders, PTSD, and Alzheimer’s disease [3].

Efforts have also begun to decriminalize other drugs as well. Recently, in Oregon, Measure 110 was passed, which decriminalizes the personal possession of heroin, methamphetamine, oxycodone, and other hard drugs. Now, being caught with one of those substances is no longer a Class A misdemeanor, but instead a Class E violation [4]. A Class A misdemeanor is a classification of a crime that is not significant enough to be deemed a felony, but is considered the most serious types of misdemeanor, and punishments include jail time and fines [5]. Alternatively, a class E violation is a much less serious crime, punishable only by a small fine. 

Thus, now in Oregon, if an individual is caught in possession of such a drug, they will be fined $100 and be given a mental health assessment, which could result in enrollment in a rehabilitation center. Revenue from the sale of legal marijuana will be used to help fund such treatment centers. This new law represents the shift away from penalizing drug users to helping to combat the growing drug problem in the United States. It will allow people addicted to drugs previously unable to get help because of several obstacles, including the financial kind, to receive treatment [5].

Since Oregon so recently passed Measure 110, the effects of the law are unknown, but many people believe that it is a step in the right direction. The Drug Policy Alliance executive director said, “For the first time in at least half a century, one place in the United States - Oregon - will show us that we can give people help without punishing them. This law is meant to protect people against persecution, harassment, and criminalization at the hands of the state for using drugs and instead gives access to the support they need” [8]. While it is unclear if other states will model themselves after Oregon and pass a resolution that echoes Measure 110 and decriminalize drugs like heroin, ketamine, cocaine, and psilocybin, what happens in Oregon will be a good indicator if decriminalization is the logical next step in curbing America’s drug epidemic.
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[1] "War on Drugs" (23 July 2020)  Encyclopedia Britannica. https://www.britannica.com/topic/war-on-drugs

[2] Lozano, Alicia Victoria, “New California bill would decriminalize psychedelics, expunge criminal records” (18 Feb 2021) NBC News. https://www.nbcnews.com/news/us-news/new-california-bill-would-decriminalize-psychedelics-expunge-criminal-records-n1258261

[3] McDaniel, Kayla, “Brave New World? States Take First Steps Towards Decriminalization of Hallucinogens” (27 Nov 2020) Campbell Law Observer. http://campbelllawobserver.com/brave-new-world-states-take-first-steps-towards-decriminalization-of-hallucinogens/

[4] Firestone, Tom, “The Future Of Drug Decriminalization After Oregon” (23 Dec 2020) Global Cannabis Compliance Blog. https://globalcannabiscompliance.bakermckenzie.com/2020/12/23/the-future-of-drug-decriminalization-after-oregon/

[5]https://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/class-a-misdemeanors.htm#:~:text=Misdemeanors%20are%20crimes%20that%20are,their%20commission%20and%20their%20punishment.&text=For%20example%2C%20assault%20may%20be,fine%20of%20up%20to%20%245%2C000.

[5] Doyle, Kevin, “Decriminalization could help ease the nation’s drug epidemic, but the devil is in the details” (17 Nov 2020) Stat News. https://www.statnews.com/2020/11/17/drug-decriminalization-could-help-ease-the-nations-drug-epidemic-but-the-devil-is-in-the-details/

[6]  McDaniel, Kayla, “Brave New World? States Take First Steps Towards Decriminalization of Hallucinogens” (27 Nov 2020) Campbell Law Observer. http://campbelllawobserver.com/brave-new-world-states-take-first-steps-towards-decriminalization-of-hallucinogens/

[7] Firestone, Tom, “The Future Of Drug Decriminalization After Oregon” (23 Dec 2020) Global Cannabis Compliance Blog. https://globalcannabiscompliance.bakermckenzie.com/2020/12/23/the-future-of-drug-decriminalization-after-oregon/

[8] Sutton, Matt, “Drug Decriminalization in Oregon Officially Begins Today” (1 Feb 2021) Drug Policy Alliance https://drugpolicy.org/press-release/2021/02/drug-decriminalization-oregon-officially-begins-today

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