The Failure of the War on Drugs: Lessons from Portugal
Before we get into it, please understand that I know there are many different opinions on substance abuse. Please be kind in your comments.
Purpose: I am aiming to educate the audience on the problems with the US approach to drug policy and highlight the success of Portugal’s drug treatment program as a potential solution.
Did you know that the United States has the highest incarceration rate in the world? And the incarceration rate is primarily driven by the criminalization of drug use.
Introduction
Drug addiction has been a long-standing issue in the United States, affecting individuals, families, and communities in various ways. Substance use disorders can have various adverse consequences, including health problems, social isolation, financial difficulties, and criminal activity.
Unfortunately, the criminal justice system has often driven the response to drug addiction in the US. This approach has led to the rise of the Prison Industrial Complex, a term used to describe the intersection of government and private industry in the prison system. The rise of the Prison Industrial Complex in the US has brought about several negative consequences that have affected individuals, families, and communities. These include mass incarceration, economic exploitation, racial disparities, and a failure to address the underlying issues contributing to drug addiction.
The war on drugs, which started in the 1980s, contributed to a significant increase in drug-related arrests and the development of harsh sentencing laws. This approach has dramatically increased the number of people incarcerated in the US, particularly for drug-related offenses.
One of the significant issues with the war on drugs in the US is its disproportionate impact on communities of color and low-income populations. For example, despite similar rates of drug use across different races, people of color are more likely to be arrested and incarcerated for drug-related offenses. This has resulted in overcriminalization, harsh penalties for non-violent drug offenses, stigma and discrimination, a lack of access to treatment, and family separation.
Moreover, the cost of the war on drugs has been significant, with billions of dollars spent on law enforcement and incarceration. This has had an economic impact, diverting resources from critical services that could benefit minority communities and low-income populations.
What could the United States learn from Portugal?
The drug treatment program in Portugal is based on principles that differ significantly from the approach taken in the United States. Decriminalization is one of the critical principles, meaning that individuals found possessing small amounts of drugs are not arrested or incarcerated. Instead, they are referred to a commission of legal, health, and social work professionals who provide appropriate support, including access to treatment. The Portuguese drug treatment program also emphasizes harm reduction, rather than punishment, by reducing the harm associated with drug use, such as HIV transmission and overdose. (EMCDD, 2020)
Moreover, the program provides a range of evidence-based treatments, including medication-assisted treatment, cognitive-behavioral therapy, and motivational interviewing, tailored to individual needs. The drug treatment program is integrated with the healthcare system, ensuring that people with substance use disorders can access medical care and support. Furthermore, social support is also offered to address social factors such as poverty, unemployment, and housing insecurity, often linked to drug addiction.
In contrast, the US approach to drug addiction primarily relies on criminalization and punishment, where drug use is treated as a crime, leading to arrests and incarceration. In the US, treatment is typically not integrated with the healthcare system, and access to evidence-based treatment is often limited.
The success of Portugal’s drug treatment program is evident in the reduction of drug-related deaths and HIV transmission. The program has also increased access to evidence-based treatment, resulting in cost savings, as resources were redirected towards healthcare, social support, and harm reduction programs. Additionally, the program has effectively changed the public perception of drug addiction, decreasing stigma and discrimination against people with substance use disorders.
Portugal’s drug policy has been successful due to its emphasis on decriminalization, increased access to treatment, harm reduction, public health, and community involvement. The United States could learn from these strategies by shifting its focus towards treatment and harm reduction rather than punishment, increasing access to evidence-based treatment options, implementing harm reduction strategies, prioritizing public health, and involving communities in decision-making. (NASM, 2019)
The prison industrial complex is a system in which government and private industry profit from mass incarceration, particularly in the United States. The war on drugs has fueled the growth of this complex by promoting harsh drug laws that result in more arrests and convictions, especially for drug offenses. Private prison companies have lobbied for these policies to increase profits. Prisons have become a source of cheap labor for corporations, creating a financial incentive to keep people incarcerated, particularly for non-violent drug offenses.
This complex has disproportionately negatively impacted communities of color, perpetuating systemic racism and inequality. To address these issues, systemic change is needed, including legalizing and regulating drug use, investing in alternatives to incarceration, such as drug treatment and mental health services, and dismantling the for-profit prison industry. It is also crucial to address the underlying causes of drug use, such as poverty and lack of access to healthcare and education, to create a more just and equitable society.
Personal Story:
In 2002 I experienced the absolute worst day of my life. My father accidentally shot himself, and while my mother was on the phone with 911, I was sitting beside him in shock, holding his hand and watching him die. I couldn’t think of anything other than “I love you” as he died. Of course, I was in the bargaining/denial stage of grief at that moment. When the ambulance arrived, I was shooed away by the paramedics, and I was frustrated but complied. Not long after that, my father passed away.
I walked around with anger for years. I had nightmares for years. In 2006 I was in a strained marriage with three kids under 6. I started using methamphetamines to function and get through my day until I was forced into rehab.
While rehab did not cause me to become sober or never touch drugs again immediately, it did help me make better decisions about my life. I was fortunate as I had a lot of supportive people in my life, and they eventually turned things around.
About 10 years after my father’s death, I was diagnosed with PTSD. I had never realized how that one night sitting with my father profoundly impacted me. I spent so much time trying to avoid thinking about it that it hurt my sleep even after I got sober. Eventually, I started addressing PTSD, too; here I am.
This matters because of what I am about to say next.
The man I was married to, my now ex-husband, also more than likely had PTSD. Of course, I think if he even got a diagnosis, it would have been much later than I, and I think he may have gotten it in prison. He was also with me that night my father passed away. It was through him that I discovered meth. He had been using meth to cope also, except when I went to rehab, he went to jail. We were separated at that point, but I still cared.
In the last 17 years, I have managed to get my stuff together mostly, and I have even had a relapse now and then, but my quality of life has only improved. I got lucky; I never got arrested during those early years for drug use because who knows what path that would have taken me down.
X is on his 3rd prison stint. In 17 years, he has struggled on and off with meth addiction. The prison has done absolutely nothing to encourage change. While change does require personal responsibility to some degree, prison is not going to be a place that genuinely addresses the underlying problem. Many people in and out of prison struggle with drug addiction, but they don’t all understand why or how they can get better. This is why prison and drug treatment reform are so important to me.
Now to come full circle, in 2017, I was enrolled in my master’s program for addiction counseling. I was recruited to intern at a private prison. I loathe private prisons and everything they stand for, but this was my chance to make a difference and finish my master’s program. I accepted the job, completed my internship, and learned a lot. I hope I made an impact, but I don’t know if I did.
I learned something huge, though. Treatment for addiction in prison is not treatment, and it is not practical.
There is this misconception that jail, or prison will keep people sober and “teach them a lesson,” but there are more drugs in prison than you can even imagine.
When treatment is available, it is hard to get into, with high staff turnover rates and limited availability to the inmates. The need is greater than the resources available. Even after this, if and when someone is placed into treatment, the institutionalization of the prison itself makes treatment difficult for the inmate.
Prison is a miniature society, a subculture, if you will. When you are on a prison yard, there is a set of unspoken rules and laws. Someone in treatment on an open yard lacks the supportive recovery environment needed to succeed in treatment. Showing vulnerability that is needed for treatment can become someone else’s weapon. This hinders someone who wants or needs treatment from expressing what needs to be shared for treatment to be effective. Their triggers or underlying issues remain locked up, just like them.
What strategies could be implemented in the United States to address drug addiction and the negative consequences of the criminal justice system’s response to it?
To address drug addiction and the negative consequences of the criminal justice system’s response to it, several strategies could be implemented, including:
Decriminalization:
Decriminalizing drug use and possession would remove criminal penalties for drug offenses and instead focus on harm reduction and treatment. Decriminalization has been implemented successfully in Portugal, reducing drug-related deaths, HIV transmission and increased access to evidence-based treatment.
Increased access to evidence-based treatment:
Evidence-based treatments, including medication-assisted treatment, cognitive-behavioral therapy, and motivational interviewing, should be made more accessible to those who need them. Treatment should be integrated with the healthcare system, ensuring that people with substance use disorders can access medical care and support.
Implement harm reduction strategies:
Harm reduction strategies, such as needle exchange programs and naloxone distribution, can reduce the harm associated with drug use, including HIV transmission and overdose.
Prioritize public health:
Drug addiction should be treated as a public health issue rather than a criminal justice issue. This would involve increasing funding for public health programs and research into drug addiction.
Community involvement:
Communities should be involved in decision-making and policy development related to drug addiction. This would ensure that policies are culturally sensitive and responsive to the unique needs of different communities.
Legalizing and regulating drug use:
Legalizing and regulating drug use would reduce the negative consequences associated with drug use, including violence, overdose, and incarceration. Regulation would also ensure that drugs are produced safely and that people who use drugs have access to accurate information about their use.
Invest in alternatives to incarceration:
Alternatives to incarceration, such as drug treatment and mental health services, should be invested in to reduce the reliance on incarceration as a solution to social problems.
Dismantle the for-profit prison industry:
The for-profit prison industry has contributed to the growth of the Prison Industrial Complex and perpetuated systemic racism and inequality. Dismantling this industry would require investing in alternatives to incarceration and reducing the financial incentives to keep people incarcerated.
Conclusion
It is crucial to acknowledge the failures of the war on drugs in the US and work towards more effective, equitable, and humane drug policies that prioritize treatment and address the underlying issues that contribute to drug addiction. Ultimately, we must strive towards creating a more just and equitable society that supports and uplifts all individuals and communities, regardless of their background or circumstances. (CATO, 2017)
Sources:
Drug Decriminalization in Portugal: Lessons for Creating Fair and Successful Drug Policies. (2017). CATO Institute. https://www.cato.org/publications/policy-analysis/drug-decriminalization-portugal-lessons-creating-fair-successful-drug
Drug Policy in Portugal: The Benefits of Decriminalizing Drug Use. (2017). The Council on Foreign Relations. https://www.cfr.org/backgrounder/drug-policy-portugal-benefits-decriminalizing-drug-use
Lessons from Portugal’s Drug Policy. (2019). The National Academies of Sciences, Engineering, and Medicine. https://www.nap.edu/read/25525/chapter/2#6
Portugal’s Decriminalisation of Drugs: A Health-Centred Approach. (2020). European Monitoring Centre for Drugs and Drug Addiction. https://www.emcdda.europa.eu/publications/topic-overviews/portugals-decriminalisation-of-drugs-a-health-centred-approach_en
The Portugal Experiment: Decriminalization and Legalization of Drugs. (2020). National Institute of Justice. https://www.nij.gov/topics/drug-policy/pages/portugal.aspx
The Portuguese Drug Policy: Decriminalization and the Cautious Embrace of Harm Reduction. (2019). American Journal of Public Health. https://ajph.aphapublications.org/doi/full/10.2105/AJPH.2019.305391
About the author:
Jamie is a former addiction counselor who now writes fiction about substance abuse and mental health issues. She has authored two short novels in her Memoirs of a Black Sheep series and a series she co-authors, The Borderline Chronicles, on Amazon Kindle Vella. Jamie has also formed her own small publishing company, Flawed By Design Publishing LLC, where she produces her published works and offers other writing and media services.
Flawed by Design is a woman-owned, veteran-owned business for those who seek a writing coach, editor, or proofreader.