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.
confident that the electorate would be able to see drug dependent persons as people who were ill, rather than as criminals, and would therefore react favourably to the new policy.” (Ibid). At a surface level, this is important for this project, as research projects often assume that creating by rationally conveying the objective benefits of Portugal’s model, this will help the prospects for decriminalization in America. These notions should be deemed questionable given the specific circumstances that created a sense of solidarity in Portugal, i.e. a military dictatorship, do not exist in America. Moreover, an analysis of whiteness should help further refine an understanding of why drug addicts were deemed sympathetic, a sense of shared whiteness. Given the analysis of Karam, Neatherland and Hassan, racialization of addiction, it seems that it is unlikely that consensus around a genuinely compassionate approach to addiction is likely to flourish in America, unless it fits Rail and Jette’s model of inculcating productive “biocitizenship”. With this as a fame, the specifics of Portugal’s legal interventions around decriminalization can be analyzed within their proper context. Despite being framed as a “anti-criminalization” model, the Progugese model has embedded into it numerous points of discretion where criminal legal system authority can assert itself. For example, officers continue to have discretion to bring relatively minor drug possession charges back into the preview of the criminal legal system. Domosławski notes that even drug possession charges at or under the legal limit for deferment, law enforcement officers have the discretion to determine whether the accused was actually intending to sell the drugs, raising the charge for possession to possession with intent to distribute and thus mandating criminal legal system involvement, writing: “There was initially a disconnect between the thresholds laid down by statute and those followed by the courts. However, the courts in general were grateful to be relieved of some of their workload. Under the practice that now prevails, all parties view the threshold quantities as indicative rather than binding. For example, it should be stressed that the charts indicate what amount may be for personal use, but it is the task of the police to determine what a person intended to do with the substances they possess. If a person has an amount that may be considered for personal usage but he or she is caught selling it, this remains a crime. (Domosławski, 2011). While defenders of the model might not that the police typically use appropriate discretion, in the American context the persistent racial inequities seen in the criminal justice system should make the prospect of this being equally applied highly dubious. Despite the well established reality that many individuals who sell drugs are selling to feed their own addiction, the Protuguese model does not create accommodations for this, deeming intent to distribute, or even the suspicion intent to distribute through the possession of baggies or scales, as an inherently criminal matter. Despite how the deferral commissions are portrayed as a solution to overdose, the vast majority of individuals referred to the commissions are young cannabis users, with 50% under the age of 29 and 73% being sent for cannabis or hashish use (ibid). While this is logical as drug use skews 4151 Park Heights Avenue, Suite 207, Baltimore, MD 21215 • www.lbsbaltimore.com • (410) 374-7683
young and their are for more cannabis smokers than hard drug users, it does challenge the assumption that the deferral commissions should be read centrally as a “compassionate” response for hard drug users, as the majority of their work deals with lower level cannabis possession. Many would say that the inclusion of lower level cannabis offenses proves the value of decriminalization, as it keeps low level cannabis offenders out of the criminal legal system. However, Monaghan and Bewley-Taylor offer a different interpretation for this dynamic, relaying interviews done by journalist Glen Greenwald which presents different interpretation of this data, writing: “The following paragraphs illustrate some of the areas of concern regarding policing issues. In his review of the Portuguese decriminalisation ‘regime’, published in 2009, Greenwald notes that: The effect that the decriminalization regime has had on police conduct with regard to drug users is unclear and is the source of some debate among Portuguese drug policy experts. There are, to be sure, some police officers who largely refrain from issuing citations to drug users on the grounds of perceived futility, as they often observe the cited user on the street once again using drugs, leading such officers to conclude that the issuance of citations, without arrests or the threat of criminal prosecution, is worthless.107 However, he continues: Other police officers, however, are more inclined to act when they see drug usage now than they were before decriminalization, as they believe that the treatment options offered to such users are far more effective than turning users into criminals (who, even under the criminalization scheme, were typically back on the street the next day, but without real treatment options). (Geoffrey Monaghan and Dave Bewley- Taylor, September 2013) This raises the specter of “net widening”, or the expansion of the categories of individuals subject to disciplinary institutions. It is possible that decriminalization led Protugeses police to send individuals to deferral commission who otherwise would have simply been let go, under the belief that they are actually helping the individual by sending them to the commissions. This should be seen as a practical application of the theoretical analysis of discourse and cultural epistemology this report has peruse, as this net widening should be seen as polie showing a desire to inculcate positive “biocitizenship” in populations of drug users. While some decrim advocates claim Portugal as an unqualified success, this analysis raises several questions around this narrative. Even one of Portugal's most laudable accomplishments, a decrease in HIV infection rates, need to be questioned, as these statistical trends were prevalent throughout Europe during this timeframe, including nations that did not decriminalize drugs (UNAIDS,2020). This presents the real possibility that the benefits of decriminalization could be overstated. In addition to creating discretion for the criminal legal system to take over, the “decriminalized” process of the deferral commission also contains a surprising degree of punitive 4151 Park Heights Avenue, Suite 207, Baltimore, MD 21215 • www.lbsbaltimore.com • (410) 374-7683
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young <strong>an</strong>d their are for more c<strong>an</strong>nabis smokers th<strong>an</strong> hard drug users, it does challenge the<br />
assumption that the deferral commissions should be read centrally as a “compassionate” response<br />
for hard drug users, as the majority of their work deals with lower level c<strong>an</strong>nabis possession. M<strong>an</strong>y<br />
would say that the <strong>in</strong>clusion of lower level c<strong>an</strong>nabis offenses proves the value of decrim<strong>in</strong>alization,<br />
as it keeps low level c<strong>an</strong>nabis offenders out of the crim<strong>in</strong>al legal system. However, Monagh<strong>an</strong> <strong>an</strong>d<br />
Bewley-Taylor offer a different <strong>in</strong>terpretation for this dynamic, relay<strong>in</strong>g <strong>in</strong>terviews done by<br />
journalist Glen Greenwald which presents different <strong>in</strong>terpretation of this data, writ<strong>in</strong>g:<br />
“The follow<strong>in</strong>g paragraphs illustrate some of the areas of concern regard<strong>in</strong>g polic<strong>in</strong>g<br />
issues. In his review of the Portuguese decrim<strong>in</strong>alisation ‘regime’, published <strong>in</strong> 2009,<br />
Greenwald notes that:<br />
The effect that the decrim<strong>in</strong>alization regime has had on police conduct with regard to<br />
drug users is unclear <strong>an</strong>d is the source of some debate among Portuguese drug policy<br />
experts. There are, to be sure, some police officers who largely refra<strong>in</strong> from issu<strong>in</strong>g<br />
citations to drug users on the grounds of perceived futility, as they often observe the cited<br />
user on the street once aga<strong>in</strong> us<strong>in</strong>g drugs, lead<strong>in</strong>g such officers to conclude that the<br />
issu<strong>an</strong>ce of citations, without arrests or the threat of crim<strong>in</strong>al prosecution, is worthless.107<br />
However, he cont<strong>in</strong>ues:<br />
Other police officers, however, are more <strong>in</strong>cl<strong>in</strong>ed to act when they see drug usage<br />
now th<strong>an</strong> they were before decrim<strong>in</strong>alization, as they believe that the<br />
treatment options offered to such users are far more effective th<strong>an</strong> turn<strong>in</strong>g users <strong>in</strong>to<br />
crim<strong>in</strong>als (who, even under the crim<strong>in</strong>alization scheme, were typically back on the street<br />
the next day, but without real treatment options). (Geoffrey Monagh<strong>an</strong> <strong>an</strong>d Dave Bewley-<br />
Taylor, September 2013)<br />
This raises the specter of “net widen<strong>in</strong>g”, or the exp<strong>an</strong>sion of the categories of <strong>in</strong>dividuals subject<br />
to discipl<strong>in</strong>ary <strong>in</strong>stitutions. It is possible that decrim<strong>in</strong>alization led Protugeses police to send<br />
<strong>in</strong>dividuals to deferral commission who otherwise would have simply been let go, under the belief<br />
that they are actually help<strong>in</strong>g the <strong>in</strong>dividual by send<strong>in</strong>g them to the commissions. This should be<br />
seen as a practical application of the theoretical <strong>an</strong>alysis of discourse <strong>an</strong>d cultural epistemology<br />
this report has peruse, as this net widen<strong>in</strong>g should be seen as polie show<strong>in</strong>g a desire to <strong>in</strong>culcate<br />
positive “biocitizenship” <strong>in</strong> populations of drug users. While some decrim advocates claim<br />
Portugal as <strong>an</strong> unqualified success, this <strong>an</strong>alysis raises several questions around this narrative.<br />
Even one of Portugal's most laudable accomplishments, a decrease <strong>in</strong> HIV <strong>in</strong>fection rates, need<br />
to be questioned, as these statistical trends were prevalent throughout Europe dur<strong>in</strong>g this<br />
timeframe, <strong>in</strong>clud<strong>in</strong>g nations that did not decrim<strong>in</strong>alize drugs (UNAIDS,2020). This presents the<br />
real possibility that the benefits of decrim<strong>in</strong>alization could be overstated.<br />
In addition to creat<strong>in</strong>g discretion for the crim<strong>in</strong>al legal system to take over, the<br />
“decrim<strong>in</strong>alized” process of the deferral commission also conta<strong>in</strong>s a surpris<strong>in</strong>g degree of punitive<br />
4151 Park Heights Avenue, Suite 207, Baltimore, MD 21215 • www.lbsbaltimore.com • (410) 374-7683