Drug Decriminalization in Maryland Through an African Centered Research Paradigm- Analysis and Recommendations

This document offers guidance for theorizing questions related to a proposed research project purposed to advance drug decriminalization in Maryland. This document offers guidance for theorizing questions related to a proposed research project purposed to advance drug decriminalization in Maryland.

08.01.2022 Views

in service of humanism and “good science” risk being redeployed by those seeking to protect whiteness from the racialized “fall from whiteness” that is addiction. The analysis of Karam, Neatherland and Hansen reflects much of what has previously been stated around the importance of challenging eurocentric norms around how to evaluate data and pursue research. His analysis of the fear of intoxication as reflective of a fear of spiritual “possession” validates Schiele and Akbar’s interpretation of the importance of an understanding of cultural psychology and incorporating “spirituality” into an analysis of law and so-called “objective” research. It also reflects the necessity of viewing culture as a real, material force that must be taken into account in order to understand the policy. At the same time, rationality and critical thinking may be universal, the idea that a rational individual capable of delaying gratification and holding onto their rational objective faculties is so essential to this society’s view of safety. Those who are deemed to not reflect these ideas deserve violent exclusion from society. Additionally, social control is a characteristic specific to Western cultures under modern imperialism and anti-Black violence, and this must be taken into account in order to understand the evolution of drug policy. Finally, it challenges the positivistic and progressive notions that underlie many assumptions behind research and the scientific method. Rather than research almost axiomatically being better by applying the scientific method to problems, research risks becoming a tool that furthers the cultural project of policing boundaries of the rational and irrational. Researchers position themselves as exemplars of rationality and relegate those who disagree with them as absurd “others.” Thus, research should be pursued with appropriate levels of humility and care. This analysis allows us to return to the “standard model” drug decriminalization argument and further interrogate its assumptions, now with a specific focus on the “decriminalization” portion of the argument. Decriminalization is seen as essential to control dangerous diseases, and presents Portugal’s model as an alternative which creates social benefits for everyone, even the police. Domolawski writes: “Responding to drug use and possession with the tools of law enforcement means that public health suffers. Drug dependencies largely go untreated; inside most prisons there is no access to needle exchange, opiate substitution or other treatments. HIV and Hepatitis C spread easily. Large numbers of inmates take up drug use in prison, and many overdose shortly after release. Prison is simply not the answer to drug use and minor drug-related offenses. We need to find a better, more humane response. The basis for this response can be found in a growing international movement led by scientists, health practitioners, drug users, policymakers, and law enforcement officials who are committed to effective, enduring, and humane solutions to the challenges of drug use. The Global Commission on Drug Policy, whose members include four past presidents, 4151 Park Heights Avenue, Suite 207, Baltimore, MD 21215 • www.lbsbaltimore.com • (410) 374-7683

a former UN Secretary General, and a Nobel Laureate, launched a report in June 2011 that condemns the war on drugs and calls for governments to seriously consider alternatives such as decriminalization. The Lancet, a renowned British medical journal published a special issue in July 2010 to address the problem of HIV among drug users. The 2010 Vienna Declaration, signed by the heads of UNAIDS and the Global Fund to Fight AIDS, Tuberculosis, and Malaria, bears 20,000 signatures in support of drug policies that are rooted in science. A global campaign led by AVAAZ—End the War on Drugs—gathered over 600,000 signatures.” Surprisingly, Portugal—a small country known for its conservative values, strong Catholic tradition, and recent emergence as a democracy—has become an international model for drug policy reform. In a dramatic departure from the norm, Portugal decriminalized drug possession in 2000. By moving the matter of personal possession entirely out of the realm of law enforcement and into that of public health, Portugal has given the world a powerful example of how a national drug policy can work to everyone’s benefit. In the past decade, Portugal has seen a significant drop in new HIV infections and drug-related deaths. Instead of languishing in prison cells, drug dependent individuals in Portugal now receive effective treatment and compassionate programs that integrate them back into society. Even law enforcement has benefited, as police officers are now free to focus on intercepting large-scale trafficking and uncovering international networks of smugglers. As a result, public safety has increased.” (Domosławski, 2011). With an understanding of epistemology and the cultural context behind research paradigms, we can apply the same scrutiny to this statement around the advocacy of drug decriminalization, just as was pursued around explanations on the harms of the War on Drugs. Again, rather than a political ethic based upon solidarity and examination of racialized moral panic behind fear of intoxication, the report uses the language of public health to justify decriminalization. First, it raises the specter of disease spread, assuming a universal conception of either self preservation (protecting the larger public from dangerous diseases) or human empathy around the pain of suffering from disease will convince the reader on the value of decriminalization. An understanding of Karam’s analysis casts doubt upon this assumption, as it is equally likely that those reading the text may citge fear disease spread among drug users as reason to keep them incarcerated, and view their suffering as necessary to create a incentive for individuals to “hit bottom” and free themselves from their drug addiction. In the extreme, one could imagine, as was argue in the mist of harm reduction debates in Vancouver, canada, that lawmakers will view increase overdose rates as a social good, arguing that if enough drugs addicts die there would be no one left to overdose, thus solving the overdose epidemic (Lupick, 2018). 4151 Park Heights Avenue, Suite 207, Baltimore, MD 21215 • www.lbsbaltimore.com • (410) 374-7683

<strong>in</strong> service of hum<strong>an</strong>ism <strong>an</strong>d “good science” risk be<strong>in</strong>g redeployed by those seek<strong>in</strong>g to protect<br />

whiteness from the racialized “fall from whiteness” that is addiction.<br />

The <strong>an</strong>alysis of Karam, Neatherl<strong>an</strong>d <strong>an</strong>d H<strong>an</strong>sen reflects much of what has previously been<br />

stated around the import<strong>an</strong>ce of challeng<strong>in</strong>g eurocentric norms around how to evaluate data <strong>an</strong>d<br />

pursue research. His <strong>an</strong>alysis of the fear of <strong>in</strong>toxication as reflective of a fear of spiritual<br />

“possession” validates Schiele <strong>an</strong>d Akbar’s <strong>in</strong>terpretation of the import<strong>an</strong>ce of <strong>an</strong> underst<strong>an</strong>d<strong>in</strong>g<br />

of cultural psychology <strong>an</strong>d <strong>in</strong>corporat<strong>in</strong>g “spirituality” <strong>in</strong>to <strong>an</strong> <strong>an</strong>alysis of law <strong>an</strong>d so-called<br />

“objective” research. It also reflects the necessity of view<strong>in</strong>g culture as a real, material force that<br />

must be taken <strong>in</strong>to account <strong>in</strong> order to underst<strong>an</strong>d the policy. At the same time, rationality <strong>an</strong>d<br />

critical th<strong>in</strong>k<strong>in</strong>g may be universal, the idea that a rational <strong>in</strong>dividual capable of delay<strong>in</strong>g<br />

gratification <strong>an</strong>d hold<strong>in</strong>g onto their rational objective faculties is so essential to this society’s view<br />

of safety. Those who are deemed to not reflect these ideas deserve violent exclusion from society.<br />

Additionally, social control is a characteristic specific to Western cultures under modern<br />

imperialism <strong>an</strong>d <strong>an</strong>ti-Black violence, <strong>an</strong>d this must be taken <strong>in</strong>to account <strong>in</strong> order to underst<strong>an</strong>d<br />

the evolution of drug policy. F<strong>in</strong>ally, it challenges the positivistic <strong>an</strong>d progressive notions that<br />

underlie m<strong>an</strong>y assumptions beh<strong>in</strong>d research <strong>an</strong>d the scientific method. Rather th<strong>an</strong> research almost<br />

axiomatically be<strong>in</strong>g better by apply<strong>in</strong>g the scientific method to problems, research risks becom<strong>in</strong>g<br />

a tool that furthers the cultural project of polic<strong>in</strong>g boundaries of the rational <strong>an</strong>d irrational.<br />

<strong>Research</strong>ers position themselves as exemplars of rationality <strong>an</strong>d relegate those who disagree with<br />

them as absurd “others.” Thus, research should be pursued with appropriate levels of humility <strong>an</strong>d<br />

care.<br />

This <strong>an</strong>alysis allows us to return to the “st<strong>an</strong>dard model” drug decrim<strong>in</strong>alization argument<br />

<strong>an</strong>d further <strong>in</strong>terrogate its assumptions, now with a specific focus on the “decrim<strong>in</strong>alization”<br />

portion of the argument. <strong>Decrim<strong>in</strong>alization</strong> is seen as essential to control d<strong>an</strong>gerous diseases, <strong>an</strong>d<br />

presents Portugal’s model as <strong>an</strong> alternative which creates social benefits for everyone, even the<br />

police. Domolawski writes:<br />

“Respond<strong>in</strong>g to drug use <strong>an</strong>d possession with the tools of law enforcement me<strong>an</strong>s that<br />

public health suffers. <strong>Drug</strong> dependencies largely go untreated; <strong>in</strong>side most prisons there<br />

is no access to needle exch<strong>an</strong>ge, opiate substitution or other treatments. HIV <strong>an</strong>d Hepatitis<br />

C spread easily. Large numbers of <strong>in</strong>mates take up drug use <strong>in</strong> prison, <strong>an</strong>d m<strong>an</strong>y overdose<br />

shortly after release. Prison is simply not the <strong>an</strong>swer to drug use <strong>an</strong>d m<strong>in</strong>or drug-related<br />

offenses. We need to f<strong>in</strong>d a better, more hum<strong>an</strong>e response.<br />

The basis for this response c<strong>an</strong> be found <strong>in</strong> a grow<strong>in</strong>g <strong>in</strong>ternational movement led<br />

by scientists, health practitioners, drug users, policymakers, <strong>an</strong>d law enforcement officials<br />

who are committed to effective, endur<strong>in</strong>g, <strong>an</strong>d hum<strong>an</strong>e solutions to the challenges of drug<br />

use. The Global Commission on <strong>Drug</strong> Policy, whose members <strong>in</strong>clude four past presidents,<br />

4151 Park Heights Avenue, Suite 207, Baltimore, MD 21215 • www.lbsbaltimore.com • (410) 374-7683

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