On drugs, the United States is backtracking: decriminalization, initiated in some democratic states such as Oregon, has foundered in the face of difficulties in managing public order by the police forces and health problems associated with the consumption of hard drugs. But even other Democratic-led states, generally more open to tolerating personal use, especially marijuana, are reviewing their rules. On the other hand, concern is growing about the spread of fentanyl, so much so that at the beginning of the school year, at the end of August, in high school In the United States, flyers were distributed to all students, in order to raise awareness of the risks associated with taking this very powerful drug.
The most exemplary case of the change of direction is represented by Oregon. It was the first to decide, in the USA, to decriminalize so-called hard drugs. It was 2020. The “experimentation”, however, lasted less than 4 years. From September 1st, the new law wanted by the governor Tina Kotek (Democrat) officially came into force, which establishes that the possession and consumption of heroin, cocaine, ecstasy, meth and fentanyl is once again a crime. The penalty can reach six months in prison, while until a few days ago it only provided for a fine of 100 dollars. The line of greater tolerance had been sanctioned by the outcome of a referendum that also provided that consumers or possessors of narcotics be provided with information on addiction treatment centers. Production and sale, however, remained illegal.
The decision to return to a more rigorous policy was naturally met with criticism from organisations drug freein particular the Drug policy alliancewhich since last spring, when the new law was announced, had spoken of a “dangerous step backwards”. “The emphasis is back on punitive aspects rather than on the treatment of addictions”, declared the president of the association, Kassandra Frederique. But Governor Kotek has gone straight ahead, abandoning the Portuguese model that inspired her. In fact, since 2016, the authorities in Lisbon have introduced “innovative” legislation, eliminating arrest for those in possession of drugs – even hard ones – within the limits established for personal use: one gram of heroin, ecstasy or amphetamine, two grams of cocaine, 25 grams of cannabis. As an alternative to prison, there is an alternative path with a summons and the obligation to appear before committees, composed of psychologists, social workers and lawyers, who can decide on different treatments from time to time (from a simple interview to the use of opiate-based treatments for detoxification).
But a reversal of drug policy also concerns other Democratic-led states, such as Washington. Since the spring of 2023, in fact, a new law has been approved that restricts the possibility of legal personal consumption of hard drugs. “This law was not designed to fill prisons, but detoxification centers,” the governor, Jay Inslee, also a Democrat, was quick to explain. “With the investments we have allocated, we will create more treatment centers both in small towns and in large cities,” he added, after the wave of criticism that had come especially from the liberal wing of the party and from organizations fighting for the total decriminalization of drug use.
But what pushed Oregon (and not only Oregon) to backtrack? Surely the boom in overdoses, driven by the spread of fentanyl, which has exploded in the last three years. The number of victims is of great concern to the authorities and not only in the state considered at the forefront in opening up to the “conscious” consumption of narcotics. Added to this are the problems of managing public order. It is no coincidence that the new law also provides for more severe penalties for selling drugs in public areas, such as near parking lots. As explained by Portland Police Chief Bob Day to Guardianthose who are caught red-handed and agree to undergo detoxification programs (within 30 minutes of being stopped) will be able to avoid prison, but only if they meet certain requirements: “They must not have other pending charges with the justice system, no official warnings, no history of violent behavior” and must be “medically stable”.
One of the critical issues, however, concerns access to alternative treatments. Even within the State of Oregon, in fact, not all counties have set up “dissuasion centers.” According to a report cited by Fox Newsin fact, 28 out of 36 are far from having invested funds for recovery programs, despite the central administration having made available 20 billion dollars through the Criminal Justice Commission. For this reason, the director of public health of the Drug Policy Alliance, Kellen Russoniello, calls it a “complicated system,” explaining that access to alternative routes to prison “depends heavily on where you are.”
While Oregon Democratic Representative Jason Kropf remains optimistic and says he is convinced that the new course will work, the numbers of victims of fentanyl, which is a plague in all American states, weigh heavily. From west coast of Oregon and Washington to east coast In fact, in Virginia, initiatives are multiplying to stem the emergency, which especially affects young people. For this reason, the Department of Public Instruction of Virginia (governed by Republican Glenn Allen Youngkin) has given each student of the high schoolthe first day of school, a flyer that reminds us that in 2023 alone, 2,000 people have died from opioids and that the victims in the entire United States are more than 150 per day. “Two milligrams of fentanyl can be lethal, depending on weight, individual tolerance and previous use” of the substance, the document reads. Doctors and social workers are worried, but they also find themselves fighting a battle in which a certain amount of political calculation is not absent.
It is no coincidence that a state like Maryland, led by Democrat Wes Moore, has taken the opposite path. In fact, his decision last June caused a stir, when its governor, a former banker, writer and television producer, signed the largest state pardon in American history, annulling 175,000 convictions for cannabis use. The choice of the first black governor of Maryland followed the publication, just a month earlier, of the recommendation by the Biden administration’s Department of Justice to reclassify cannabis as a less dangerous drug than it has been considered until now. Hence Maryland’s decision, motivated by Moore also for racial reasons. According to the governor, in fact, the pardon allows for the repair of social and racial injustices, considering that in the US black people are three times more likely than whites to be arrested for possession of marijuana. It now remains to be seen the long-term effects of the different state laws.
