When they go low, we get high! The case for drug decriminalisation
Article originally published in Issue 5 of Rupture, Ireland’s eco-socialist quarterly, buy the print issue:
by Nicole McCarthy
People love doing drugs! Some drugs, like coffee, alcohol and nicotine, are more socially acceptable to use on a daily basis. However, with 147 million individuals (nearly 2.5% of the global population) consuming marijuana[1] and about 269 million people using drugs worldwide,[2] there is no doubt that people are doing drugs regardless of how society views them.
What we need to be looking at is how can we make this inevitable drug use safe for people? Along with this, we should ask ourselves: why do so many people search for mind-altering substances? Are we depriving people of something that leads them to crave a numbed sense of reality? Why are we punishing people for addiction and criminalising their behaviour when we see how common it is? Why not fix the bigger problem?
Whether you believe drugs should be decriminalised or not, one thing is clear - the current system is not working. It is not stopping drug use. There were 15,651 recorded offences for possession of drugs for personal use in Ireland in 2019. This figure represents 73% of all drug offences for that year[3], and we can safely assume many more people are taking drugs but aren’t “caught”. There is evidence to suggest that humans were taking magic mushrooms up to 10,000 years ago.[4] Clearly we need to change our approach to drugs and drug users as we know that drugs are not going anywhere. So let's deal with the reality that people do drugs and a ‘war on drugs’ is not going to stop that.
Vera Twomey
It is widely known that many are seeking access to what have been classified as illegal drugs for medical help and not just recreational use. Anyone on the island of Ireland will remember the inspiring struggle waged by Vera Twomey to get her daughter, Ava, access to medical marijuana to treat her severe form of epilepsy, known as Dravet syndrome. Vera started a public campaign to get the cannabis needed to treat her daughter’s condition, walking from her home in Cork to Leinster House in Dublin to ask then Minister for Health Simon Harris for help in person. He had previously denied Ava a special ministerial exemption to use medicinal cannabis to help her condition. Vera received full support and solidarity from People Before Profit in this campaign, with TD Gino Kenny even joining her for part of the walk.[5] Ava was granted a licence to import medical cannabis oil to Ireland in 2017.
Vera’s campaigning was needed again recently as the patients granted these licences were forced to travel to the Netherlands every three months to obtain the medicine. They were also required to pay €10,000 for the medicine upfront, to later receive a refund from the HSE. Covid restrictions made travelling impossible and Vera campaigned to have the permanent delivery of Bedrocan oil to Ava and other Irish patients. The campaign was widely supported and the government was forced to facilitate ‘compassionate access’. On 19 July 2021, the Health Minister, Stephen Donnelly, announced an upfront payment system meaning families no longer have the burden of paying and waiting for a refund.[6]
Moving forward
In Ireland currently, if you are caught with a small quantity of cannabis for a first offence you face a possible €1,000 fine. If caught again, you risk a €2,500 fine. If you are caught for a third time you could be imprisoned for up to 12 months.[7] I feel like the punishment certainly does not fit the crime for this offence. How does extracting money from people or sending them to prison stop them from smoking weed? When nearly 90% of Irish people believe it would be easy for them to get weed, it is clear to see that even with the threat of hefty fines and imprisonment, people are still getting high.[8]
The campaigning of Vera Twomey and others who believe Ireland should allow medical marijuana has ensured that Irish opinion towards marijuana has advanced somewhat, but it is still only approved in very specific cases. This means that many who could benefit from the use of cannabis cannot gain access.
Today almost 75% of people agree that people should be able to use cannabis for medical reasons. This seachange in opinion is also reflected in the government parties which all favour some form of change towards decriminalisation. Fine Gael say that while they have no plans to legalise recreational cannabis the party would move away from criminalising first-time offenders. Fianna Fáil wants to explore a model where proper treatment and healthcare services are prioritised over criminal justice for those accused of personal use. The Green Party favour decriminalising the possession of small quantities of marijuana and would allow the prescription of cannabis-based medicines through pharmacies.[9]
““Today almost 75% of people agree that people should be allowed to use cannabis for medical reasons”.”
People Before Profit supports the full decriminalisation of all drugs for personal use. In fact, later this year, Gino Kenny will be introducing the Cannabis Regulation and Control Bill 2021 which will start a conversation in the Dail, challenging our outdated laws and giving us an opportunity to see if the government parties stand by their pre-election 2020 positions.
Public opinion is already there in terms of the legalisation of medical marijuana use, so there is a real shot at passing this bill. However, with more education on the topic, I think it’s entirely plausible that the majority of the population could be convinced to support decriminalising all drugs. We can and should push for full decriminalisation by building a mass campaign to demand change. That starts with addressing some of the common myths and very real concerns.
What are the concerns?
One of the key concerns is whether decriminalising all drugs will lead to people trying and using that never would have before. Most of the time this fear is about especially hard drugs such as cocaine, heroin, methamphetamine, etc. But for parents, there is a real fear that decriminalising even just marijuana ‘sends the wrong message’ to kids that drug use is no big deal. There are also real concerns that the black market would still remain (with lower prices) and that drug tourism could become a thing [as it is for Amsterdam].[10]
We need to explain that anonymous polling and studies show that people are already doing drugs and will continue to do drugs. The risk of a criminal record, fines, and imprisonment is not an effective deterrent. Instead, we need to regulate what people are taking and give them a safe space to come to - such as safe injection sites - if they are suffering from an addiction or having a bad trip, without worrying about prosecution. Criminalising and stigmatising drugs is what creates black markets and the extremely violent gangs that run them. Rather than assisting the black market, decriminalisation would give people a safe option and undermine the demand.
What about drug tourism? We all know the assumption that is made when you are going to Amsterdam. People do travel there to smoke weed, but that does not mean the floodgates will open and we will be overrun with stoned eejits if Ireland is to decriminalise cannabis. The case of Portugal, which decriminalised all drugs in 2001, gives us a glimpse at what could happen. There was a rise in tourists visiting Portugal the year after they decriminalised drugs, 168,000, three per cent more than the year previous. In fact in 2009, eight years after decriminalisation, the number of tourists actually decreased. Yes, they have had increased numbers since they decriminalised, but the figures show Portugal was not overrun with crowds of youths who are just there to get high and can be found in a zombie-like state, wandering the streets, seeking the nearest source to satisfy their munchies.[11]
Last but not least - what kind of message is it that we are trying to send people? That we will think less of them if they do drugs and believe there should be no understanding or support, only punishment? The case for decriminalisation in many ways is about understanding what drives people to take drugs and become addicted.
Let’s talk about addiction
The medical definition of addiction varies, but generally it is seen as a disease, largely determined by genetic factors. Society at large views addiction as being driven by poor decisions.
Dr Gabor Maté, an expert in addiction who spent 12 years working in Vancouver with patients challenged by hard-core drug addiction, has a different view. He defines addiction as: ‘any behaviour in which the individual finds temporary relief or pleasure in - and craves for that reason, despite negative consequences.’ He then goes on to explain that he feels the medical definition of addiction is helpful but ‘limiting and insufficient’ when it comes to explaining the root of addiction. If addiction is purely a brain disease, it is determined by genetics; however, genes are strongly affected by our environment;
“...[Addiction] happens in a context of what we might call social or cultural dislocation – so the more dislocation there is, where people lose connection to their culture, to their families, to the land, to their work, and to their spiritual experience then the more addiction you are going to see. That is on a broad social level. On an individual level, addiction is always a response to pain. The source of that pain is almost inevitably in that person’s childhood experiences, very early on in life.”
Addicted personalities have an internal emptiness that they are trying to fill from the outside. The assumption is that addiction causes shame, but it seems as though the shame was there way before the addictive behaviour was. According to Maté, when a woman is stressed during pregnancy, this gives their child a predisposition towards addiction as an adult.[12] If addiction is a secondary problem that occurs due to an initial issue, how can we solve the addiction without getting to the root cause of the issue, both on an individual basis and as a society?
““How can we solve addiction without getting to the root cause of the issue, both on an individual basis and as a society?””
Studies indicate that addiction rates are twice as high amongst those who are unemployed. People who struggle with drug or alcohol addiction may also struggle with job security, creating further barriers for them to escape the cycle of dependency. There are other social factors that you may not even think to consider; low-income individuals, who in general will have less free time to socialise or enjoy a hobby, are less likely to have social support than higher earners. Social support is key to feeling fulfilled in life. Those lacking in this are likely to seek outside substances to give them a sense of satisfaction. Friends and other social supports are also a huge helping hand when it comes to a successful recovery, as feeling loved and supported is something we all crave as humans. Financial instability causes huge stress; how will I afford my rent? How will we feed the kids? Not being able to provide for a family is very traumatic and can cause a huge knock to self-confidence, again leading people down a road of escapism. This then leads to a snowball effect where people accumulate massive debts, as they neglect bills to pay for their addiction. Don’t forget that rehab facilities can be costly, which is yet another financial barrier for people with addiction getting the help they need.[13]
The Portuguese model
As already mentioned above, Portugal decriminalised all drugs in 2001. The positive impact this has had on drug users' lives and health should be shouted from the rooftops. In 1999 Portugal experienced 369 overdose deaths, but by 2016 it was down to just 30. The number of new HIV cases due to injecting dropped from 907 in 2000 to 18 in 2017. The Portuguese incarceration figures for drug offences fell by over half from 3,863 in 1999 to 1,140 in 2017.[14] In Portugal users caught carrying less than 10 days worth of supply will have this confiscated. They will then undergo an assessment with a social worker, psychologist and lawyer. Many will not experience any further consequences. Those that do are forced to do community service, or may even be banned from visiting venues where they are known to acquire drugs. Drug rehab is available and voluntary in all but the most exceptional circumstances.[15]
While it’s not perfect, and in 2008 a court order made possession of more than 10 days’ supply a crime again, it’s clear that drug policy focused on harm reduction saves lives.[16]
Today, there are 30 countries that have adopted some form of decriminalisation, with some more successful than others. We are seeing a wave of change when it comes to society’s view of those who use drugs. Just look at America, home of the War on Drugs, where 18 states have fully legalised recreational use of marijuana and 13 other states have decriminalised it. Medical marijuana is legal in 36 US states.
The most effective approach is the removal of punishment for drug use, the availability of voluntary rehabilitation services for both health and psychological needs, along with non-biased education and other harm reduction methods. In addition, the experience in Russia highlights the importance of establishing cooperation between the health and policing departments of a country to effectively roll out drug treatment. They decriminalised possession of any drug for personal use; however, there is inadequate functional treatment support for dependency. In contrast, both Portugal and the Czech Republic, which have taken the method of not criminalising those involved with low-level drug offences paired with a public health approach, have much lower rates of drug-related deaths. They recorded 4 and 5 million drug-related deaths per million in 2017, respectively, which is significantly lower than the EU average of 22 deaths per million.[17]
A sick society
“Sick of payin’ bills and I'm sick of payin’ rent
Seem like I work all the time but don't know where the money went
And the funny shit is we supposed to like this shit”
Get Up - The Coup feat. Dead Prez
Let’s face it: we live in a very sick society. Capitalism is organised on the basis that the most important thing in life - the activity that you spend the most waking hours focused on - is working to increase profits for private companies. Many of these same companies are doing everything they can to get us to engage in habits or consume food and drink that is directly harmful to us (eg., alcohol, soft drinks, fast food). Our bodies and minds are rented as a commodity (at extremely low wages!); our labour-power and time are used to enrich the already extremely wealthy, while we get sicker and sicker.
““Who can blame us for smoking a little weed or having a glass of wine in the evening when we are forced to work 40 hours a week in a job where we are underpaid, underappreciated and get no work satisfaction?””
Meanwhile, we have no time for creative outlets, socialising, family, time in nature, political activism and all the many other things that humans need to be happy. Addiction is a symptom of a system lacking basic human necessities, leaving us vulnerable to addiction as a form of escaping our banal existence. Who can blame us for smoking a little weed or having a glass of wine in the evening when we are forced to work 40 plus hours a week in a job where we are underpaid, underappreciated and get no work satisfaction?
We should not be judging or looking down on anyone for their method of feeling free from the shackles of this capitalist system - be it shopping, overeating, smoking weed or having a drink. We also need to address the reasons for so many of us being so unhappy in our lives. At a basic minimum that means providing everyone with housing and universal free public services such as healthcare, childcare, and education. A purposeful job with a four day or 30-hour working week without loss of pay would reduce stress and increase leisure time among other benefits.
So, what should our immediate demands be? At an absolute minimum, we want to see the decriminalisation of all drugs for personal use, the release of all non-violent drug offenders serving prison sentences and for any drug offences for personal use to be removed from criminal records. We want free drug rehabilitation facilities and an education campaign that helps people understand why drug use is so common and how we can reduce it.
We want this in the here and now, so we can use our drugs safely and without the threat of prosecution while we fight for the things we all need to live happier, healthier lives: free health care, free and inclusive education [including sex and consent information], publicly funded childcare, and community kitchens to ensure everyone has access to healthy nutritious food. We want to see an end to only some people experiencing a good quality of life, while the rest of us are so desperate to escape our normality that we will plunge ourselves into massive debts and health issues to get there.
Notes:
Mary Barna Bridgeman, PharmD, BCPS, BCGP and Daniel T. Abazia, PharmD, BCPS, CPE, ‘Medicinal Cannabis: History, Pharmacology, And Implications for the Acute Care Setting’, National Centre for Biotechnology Information, March 2017, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5312634/
United Nations Office on Drugs and Crime ‘World Drug Report 2020: Global drug use rising; while COVID-19 has far reaching impact on global drug markets’, 25 June 2020, https://www.unodc.org/unodc/press/releases/2020/June/media-advisory---global-launch-of-the-2020-world-drug-report.html.
https://www.citywide.ie/decriminalisation/
Liza Knox, ‘Drugs in Ancient Cultures: A History of Drug Use and Effects’, 9 June, 2016, https://www.ancient-origins.net/opinion-guest-authors/drugs-ancient-cultures-history-drug-use-and-effects-006051.
Sarah Sinclair, ‘Ireland to fund patient’s medical cannabis up front’ Cannabis Health News, 20 July 2021, https://cannabishealthnews.co.uk/2021/07/20/ireland-to-fund-patients-medical-cannabis-up-front/
Victor Bercea, ‘How Far is Ireland from Legalising Marijuana?’, Strain Insider, 25 May 2020, https://straininsider.com/ireland-marijuana-legalisation/
https://www.drugsandalcohol.ie/30353/1/Drugnet68%20web%20version.pdf
Victor Bercea, ‘How Far is Ireland from Legalising Marijuana?’, Strain Insider, 25 May 2020, https://straininsider.com/ireland-marijuana-legalisation/
https://oceanrecoverycentre.com/2020/07/pros-and-cons-of-legalising-drugs/
https://www.willowspringsrecovery.com/drug-addiction/portugal-destination-drug-tourism/
Network Magazine, ‘Gabor Maté: A new understanding of addiction’, 1 April 2016, https://networkmagazine.ie/articles/gabor-mat%C3%A9-new-understanding-addictio
https://www.addictioncenter.com/addiction/low-income-americans/
Niall McCarthy, ‘Then & Now Portugal's Drug Decriminalization’, Statista, 24 January 2020, https://www.statista.com/chart/20616/key-developments-since-portugal-decriminalized-drugs/
Serene Desiree, ‘16 Years Later: What Happened After Portugal Decriminalized Drugs in 2001?’, Leafly, 13 June 2017.
Rego, X., Oliveira, M.J., Lameira, C., et al, ‘20 years of Portuguese drug policy - developments, challenges and the quest for human rights’, Subst Abuse Treat Prev Policy, vol. 16, no. 59 (2021), https://doi.org/10.1186/s13011-021-00394-7
https://www.talkingdrugs.org/drug-decriminalisation