Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization.

Transcription

1 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization. Amanda Bent, MSW, LSW, MPP Policy Coordinator, Drug Policy Alliance NASW-NJ Webinar August 2, 2017 August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 1 Workshop outline Welcome! Intro to DPA Why drug policy reform? A social work perspective Drug policy options Purposeful tangent: Marijuana reform Why drug decrim? A social work imperative August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 2 1

2 August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 3 Connecting the dots Drug Policy Reform August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 4 2

3 August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 5 What do we actually do? Legislative advocacy campaigns (state-level & Congress) Municipal-level policy advocacy Coalition building; participating in & organizing stakeholder processes Public education Professional development Media outreach Convene biennial conference Criminal Justice Reform Strategy Team August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 6 3

4 NJ office 16 West Front Street, Suite 101A Trenton, NJ Voice: Fax: CJ Reform Harm Reduction MJ Reform Drug free zone reform (2010) Sterile syringe access (2006) MMJ access (2010) Bail reform (2014) 911 Good Sam (2013) Expanding list of MMJ qualifying conditions MAT in drug court (2015) 3 rd party naloxone access (2013) MJ taxation & regulation Bail reform implementation Increased naloxone availability in pharmacies (2017) Parole reform Integrated health care access (2017) Racial & ethnic impact statements (S677/A3677) Comprehensive drug decriminalization MAT in tx programs (S2964/A4707) August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 7 Drug policy reform: A social work imperative August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 8 4

5 Our foundation: Social work mission The primary mission of the social work profession is to enhance human well-being and help meet the basic human needs of all people, with particular attention to the needs and empowerment of people who are vulnerable, oppressed, and living in poverty. A historic and defining feature of social work is the profession s focus on individual well-being in a social context and the well-being of society. Fundamental to social work is attention to the environmental forces that create, contribute to, and address problems in living. -Code of Ethics of the National Association of Social Workers August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 9 Our foundation: Values & ethical principles Service: Social workers primary goal is to help people in need and to address social problems. Social justice: Social workers challenge social injustice. Dignity and worth of the person: Social workers respect the inherent dignity and worth of the person. Importance of human relationships: Social workers recognize the central importance of human relationships. Integrity: Social workers behave in a trustworthy manner. Competence: Social workers practice within their areas of competence and develop and enhance their professional expertise. -Code of Ethics of the National Association of Social Workers August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 10 5

6 NASW calls for reform A Social Work Perspective on Drug Policy Reform (NASW Social Justice Brief, 2013) August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 11 Confronting misperceptions Neither condemning nor condoning drug use Acknowledging the realities and nuances: Drug use persists in spite of prohibition Drugs have potential benefits and potential harms Most people who experiment with drugs or use them recreationally don t develop problems Most people who do develop problems associated with their drug use resolve them on their own Those who develop problems and need help resolving them deserve humane supports August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 12 6

7 The real gateways Seeing addiction as caused by the availability of specific substances blinds us to what drives it more generally The problem isn t the existence of activities and substances that offer escape, it s the need for relief and the learned pattern of seeking it that matters Drugs can only be addictive in the context of set, setting, dose, dosing pattern, and numerous other personal, biological and cultural variables. Maia Szalavitz, Unbroken Brain (2016) Trauma, especially in childhood Social marginalization/oppression/status stress Tendencies towards impulsivity, anxiety, depression Genetics & epigenetics Brain chemistry & plasticity August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 13 Is drug criminalization doing more harm than good? Do collateral consequences of punitive policies have a disproportionate impact on already vulnerable communities? Are people who use drugs but otherwise function productively harmed by criminalization? Do people who do develop drug-related problems benefit more from criminalization, incarceration and punishment or from supportive resources? Are people who use drugs demonized and do those with SUDs experience a double standard with respect to other health conditions? Does criminalization perpetuate this? Is a non-punitive, strengths-based approach more humane, ethical and effective if our goal is to ensure individual and community well being and the prevention and resolutions of drug-related problems (not necessarily the cessation of drug use)? August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 14 7

8 Questions? August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 15 Drug policy options Prohibition & Criminalization With certain exceptions, drug use, possession and distribution are unlawful and carry a range of penalties and criminal sanctions. Decriminalization Illegal status remains in place while criminal penalties associated with certain violations are reduced, removed or systematically unenforced. Legalization & Regulation Use, possession and distribution [of certain drugs] becomes lawful within designated parameters and thresholds. Creates mechanisms production and distribution control as well as consumer protections. August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 16 8

9 Purposeful (slight) tangent Marijuana reform Drug Policy Alliance Annual Report (2015) ACLU August 2, 2017 Illegal But Not Criminal 17 National landscape: Legal access to marijuana Medical Marijuana programs 28 states & DC (NJ in 2010) Addt l 16 states CBD-specific Federal CARERS Act Legalization of marijuana possession *complete removal of all criminal penalties for personal possession by adults 2012: Colorado & Washington State 2014: Alaska, Oregon & Washington, DC 2016: California, Nevada, Maine, Massachusetts Sen. Booker s Marijuana Justice Act of 2017 August 2, 2017 Illegal But Not Criminal 18 9

10 National status of legal marijuana access August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 19 Marijuana reform outcomes Medical access gives compassionate relief to patients who need it and legalization and regulation of adult use mitigates undue collateral consequences for individuals and reduces associated social and economic social costs of the illicit market. Legalization outcomes: No apparent increase in youth use or ease of access despite evolving perception of relative harm Decreases in arrests and associated costs Considerable tax revenue Reparative justice efforts CO Healthy Kids 2016 Survey August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 20 10

11 The Drug Policy Alliance supports decriminalization of drug use and possession via the elimination of criminal penalties and collateral sanctions for those violations. Roughly two dozen countries & dozens of US jurisdictions (cities & states) have taken steps toward drug decriminalization Benefits include: Reduced arrests, fewer incarcerations and less collateral consequences Reduced CJ costs and potential to redirect resources into health systems Redirection of LE resources Improved community/le relations Increased uptake in drug treatment Reparative justice impact: Reduced fear & stigma Mitigation of enforcement disparities Bolstering of harm reduction efforts August 2, 2017 Illegal But Not Criminal 21 Decrim in action: Portugal Comprehensive drug decriminalization model: Enacted in 2001 Eliminated criminal penalties for low-level possession and consumption of all illicit drugs, converted to administrative infractions Dissuasion commissions in lieu of arrests Promising outcomes Decreases in past month and past year drug use Reduction in use among young people (15-24), problematic use in general, initiation of drug use and continuation of drug use over time Fewer arrests while administrative infractions remain steady Increased utilization of voluntary, evidence-based treatment Dramatic decline in new diagnoses of HIV among PWID Fewer overdose deaths No increase in drug-related crime August 2, 2017 Illegal But Not Criminal 22 11

12 Transform August 2, 2017 Illegal But Not Criminal 23 Questions? August 2, 2017 Illegal But Not Criminal 24 12

13 Harm Reduction without caveats, barriers and workarounds August 2, 2017 Illegal But Not Criminal 25 Safe consumption services Controlled health care settings where people can safely inject pre-obtained drugs under clinical supervision and receive health care and referrals to other services. Outcomes: Increased utilization of treatment and other medical and social services Reduced public injecting Reduced risk behavior associated with HIV & HCV Reduced prevalence of infections 0 overdose deaths! Cost savings associated with better health outcomes No increase in drug use, initiation into injection drug use or drug-related crime! August 2, 2017 Illegal But Not Criminal 26 13

14 Limitations of decriminalization? Varied penalties with disparate enforcement Net-widening effect possible increase in arrests even if penalties decrease Collateral consequences of some arrests and misdemeanor convictions continue Unregulated market remains intact with products of unknown potency and quality, untested for safety and in no standardized packaging Decriminalization is always an optimal alternative to prohibition and criminalization of personal drug use and possession. For some substances, legalization and regulation is a more reasonable and effective model. August 2, 2017 Illegal But Not Criminal 27 This is your brain on drug policy Partnership for a Drug-Free America August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 28 14

15 Conclusions Drug prohibition is rooted in, and inevitably perpetuates, collective social harms including racism and other forms of stigma, discrimination and marginalization. While failing to curtail drug use, criminalization undermines supportive, evidence-based service provision. Our hearts, minds and resources should focus on prevention and intervention efforts grounded in public health and harm reduction rather than stigma. For social workers: The drug policy reform movement is grounded in social work values. Like all social justice advocacy, drug policy reform is part of our mission. The decriminalization of personal drug use and possession is a priority for social work advocacy given the social justice implications of punitive drug policies. Not all of us can take on this advocacy directly or full time, but we can all contribute. August 2, 2017 Illegal But Not Criminal 29 NJ Advocacy Opportunity: Has marijuana prohibition affected you (or someone you know)? DPA s New Jersey office is currently collecting stories from New Jerseyans who ve been personally affected by marijuana prohibition. If you or someone you know has been negatively impacted by marijuana prohibition, please share your story. We can guarantee anonymity if necessary: Meagan Glaser: mglaser@drugpolicy.org Call our office: August 2, 2017 Illegal But Not Criminal: A Social Work Argument for Drug Decriminalization 30 15

16 August 2, 2017 Illegal But Not Criminal 31 For discussion What are the roles and responsibilities of social workers and allies in the drug policy reform movement? How do current drug policies (not the drugs themselves) impact people and communities in terms of: - Community health and safety? - Family cohesiveness? - Ability to obtain success? - Comfort with seeking treatment for SUD? - Law enforcement priorities? - Community/law enforcement relations? What are some ways that drug decriminalization might impact vulnerable communities, positively and negatively? What social work values are brought into question by current drug policies? What would an ideal policy look like for preventing/responding to drug use? August 2, 2017 Illegal But Not Criminal 32 16

17 Helpful resources NASW: A Social Work Perspective on Drug Policy Reform Transform: The success of Portugal s decriminalisation policy in seven charts & Drug decriminalization in Portugal: Setting the record straight seven-charts Release: A Quiet Revolution: Drug Decriminalisation Policies in Practice Across the Globe NPR: In Portugal, drug use treated as a medical issue, not a crime (Morning Edition, 4/18/17) Vancouver Coastal Health: Insite ACLU: The War on Marijuana in Black and White DPA: See our website for access to a virtual library of materials including reports and fact sheets on a range of drug policy issues August 2, 2017 Illegal But Not Criminal 33 Keep in touch! General Comments & Questions Amanda Bent, MSW, LSW, MPP Policy Coordinator, Colorado abent@drugpolicy.org Cell: Regarding New Jersey Alex Staropoli, Esq. Policy Manager, New Jersey astaropoli@drugpolicy.org August 2, 2017 Illegal But Not Criminal 34 17