In a commentary printed Nov. 11, I wrote about the broken structure our addicts face when they enter the criminal justice system. But the question still remained, "How do we fix it?"
While the United States is still warehousing drug addicts in prisons and watching them come in and out of what has become known as the "revolving door," many countries are starting to look to decriminalization to solve this problem.
It's hard to argue with the accomplishments in Portugal after that country legalized all drugs 14 years ago and began using a harm reduction strategy to treat public health risks associated with drug addiction. According to the Washington Post, "Among Portuguese adults, there are three drug overdose deaths for every 1,000,000 citizens. Comparable numbers in other countries range from 10.2 per million in the Netherlands to 44.6 per million in the U.K., all the way up to 126.8 per million in Estonia. The E.U. average is 17.3 per million."
The website "Mic" clarifies Portugal's decriminalization policy. "If someone is found in the possession of less than a 10-day supply of anything from marijuana to heroin, he or she is sent to a three-person Commission for the Dissuasion of Drug Addiction, typically made up of a lawyer, a doctor and a social worker. The commission recommends treatment or a minor fine; otherwise, the person is sent off without any penalty. A vast majority of the time, there is no penalty."
Decriminalization works.
A number of other countries, primarily in Europe, are also turning to decriminalization to help curb their drug problem, following the lead of Portugal and the Netherlands, both of which have proven track records of lowering drug use, crime rates, HIV rates and overdose deaths over more than a decade.
However, it is unrealistic to think that the concept of decriminalization could be sold to the populace of the United States -- and it is far more realistic to start a slower, more progressive march on a local level.
In Anchorage we have an "Anchorage Felony Drug Court." According to the Alaska Court System website, a defense attorney can refer a defendant to the drug court; the prosecuting attorney could, in turn add the drug court option as a sentencing alternative.
The website says that the defendant would then observe two drug court sessions, complete a substance abuse assessment to determine eligibility (the defendant must score appropriately for intensive outpatient treatment), then the defendant and the court would enter into a drug court agreement. The defendant would plead guilty and start the program.
On its face it's a very good idea. The defendant starts a 12-18 month program that includes intensive outpatient treatment, regular appearances in front of the drug court judge, regular drug and alcohol testing, and a work or school hours requirement.
However, it's just not enough.
The website warns many times that the program is "not automatic" in bold letters, and it points out that slots in the program are limited.
That shouldn't be the case.
A program very much like this one should be the norm. Completion of a new drug court program that results in no felony conviction does not bar former felons or past drug offenders from re-entry into the program -- because very few people beat addiction on the first try.
The goal I advocate is to create a treatment environment rather than a criminal environment without taking steps toward more formal decriminalization. A program like this, however, will need a strong commitment to treatment. Nonprofits will have to take ownership of this program and more low-cost and free treatment options will need to be made available to accommodate the influx of new patients.
There will also need to be enhanced aftercare for those men and women who work their way back into society from inpatient treatment and for those in outpatient treatment who might not have had a job or housing and need help with that. That task will be far easier without felonies on their records.
By keeping these folks in society and either keeping them productive or making them productive as they enter treatment, money will be saved by not incarcerating people for drug possession crimes, fewer addicts will commit property crimes to pay for their drug habit and law enforcement will be less strained with fewer drug-related calls.
There is no perfect solution -- but what we are doing now doesn't work. Some people will still fall through the cracks, refuse to go to treatment and end up in prison. However, if we can help even a small percentage of addicts and grow that percentage over time -- this plan will pay for itself exponentially over time, not only saving dollars but also lives.
Mike Dingman is a fifth-generation Alaskan born and raised in Anchorage. He is a former UAA student body president and has worked, studied and volunteered in Alaska politics since the late '90s. Email him at michaeldingman(at)gmail.com.
The views expressed here are the writer's own and are not necessarily endorsed by Alaska Dispatch News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)alaskadispatch.com.