Aggressive Criminal Defense

Decriminalization- Let’s Talk About It (Part One)

 

When you hear the word “decriminalization”, what comes to mind? For some people, the first thing they think about is marijuana. For others, it is a much broader word association, relating more to the dictionary definition of the word than its actual application. But for a growing number of people, here in Michigan and around the world, the word “decriminalization” means a whole new way of living life. A new world, so to speak, with a revolutionary approach to handling drug abuse and addiction. But what does that mean, you may wonder, and what would it look like? Well, lets talk about it…

In 2001, Portugal decriminalized the possession of all drugs purchased for personal use. That’s right. ALL drugs. Heroin, cocaine, methamphetamines, the works. It was ground-breaking. Some said it would usher in a new era of tolerance and humanism. Others called it ludicrous, destined to fail epicly. And countries around the world waited with baited breath for the results…

But now, 16 years later, a great deal of data has been collected, and many countries around the globe are beginning to take note of what can only be described as Portugal’s success. There has been a significant reduction in drug-related deaths and HIV infections over the past sixteen years. Also in decline is drug use among the 15-24 age group, a subset of the population who are widely considered to be at the highest risk for initiating drug use.

Did Decriminalization Tip The Scales?

But while drug use certainly saw a decrease, specifically among certain age and economic groups, decriminalization didn’t magically solve Portugal’s drug problems. People still take drugs in Portugal, and some of them still struggle with addiction, and some of them even lose their lives as a result. So was it worth it? Did decriminalization tip the scales in one direction or another sufficiently to have made Portugal’s radical legal overhaul a success?

João Goulão, the “architect” of Portugal’s decriminalization program believes it is. But he isn’t starry-eyed about it. It isn’t a magic wand that can be waved over the populace that will solve all the drug-related problems. But then again, the former system obviously wasn’t solving the problem either.

As Goulão puts it, “Criminalization certainly wasn’t working all that well.” Which should come as no surprise to us. America has been embroiled in the “war on drugs” for decades, and all we’ve seen as a result is increased drug use, skyrocketing addiction levels, and a death toll that expands with each passing year. Obviously, enforcing criminal drug laws has a rather marginal impact on people’s decision to use drugs.

But the truth is, calling Portugal’s decriminalization a success is only a partial picture, an inaccurate representation of the facts. Another factor, and it’s a very big factor when you consider the role it has played in garnering these results, is the country’s approach to drug users. They’re not criminals, Goulão believes, they’re sick.

And by this logic, people who are sick should not be prosecuted, they should be treated. Which is where the other major aspect of Portugal’s decriminalization program comes into play – the healthcare aspect. In Part Tow we’ll discuss the rehab program that Portugal employs to assist its populace in addressing addiction, and what this could look like here in the US.

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