Opioid misuse can often lead to arrests and incarceration. There is little evidence that such sentencing helps to reduce drug related crime or provide rehabilitation for those involved. Sometimes, courts mandate opioid use disorder treatment during sentencing. This is still rare, but is growing in popularity as we change our focus from punishment to treatment.
The state court system is a top referral source for addiction treatment within the United States.[1] Experts in the medical community feel that far too many people go to jail for addiction instead of receiving the medical treatment they need and deserve. [2]
Illegal opioid possession and distribution often results in legal action. Research conducted between 2009 and 2019 showed that: [3]
Heroin is a Schedule I controlled substance in the United States, meaning it is not recognized as having any valid medical application.[5]Because it has no legitimate medical indication, anyone in possession of heroin is breaking the law.
Possession of some prescription opioids (by the person to whom they were prescribed) is legal if a few conditions are met.
You can use opioids legally if you meet these criteria:
Even though some opioids are permitted with a prescription, the prescription specifically names a patient for whom the opioids are intended. That means only that person with the prescription can legally possess or consume the opioids.
Some people believe these drugs can be distributed or shared with family or friends because the medications were legally obtained. This is untrue. It is illegal to give an opioid to a friend or family member even if you personally have a prescription for that medication.
Sharing one’s opioid prescriptions with friends or family is illegal, even if one’s intention is not to sell them but merely to help treat pain. Never share your prescription medications with others.
In 2020, close to 87% of all arrests involved the possession of a controlled substance. Less than 14% involved the sale or manufacture of drugs.[6]
The number of people arrested for drug offenses has skyrocketed during the past several decades. In 1973, the FBI’s Uniform Crime Reports noted about 328,000 arrests for drug law violations. In 2020, there were 1,155,610 such arrests.[6]
There is significant controversy over drug related crimes and punishment in the United States. There is ample evidence that minority populations are disproportionately punished for drug related crimes. In addition, there is a lot of controversy over the lack of treatment programs for individuals charged with drug related crime.
Many seek to reform our federal drug laws to be more equitable and to help get people with addiction disorders into treatment instead of punishing them legally.
Here we will break down some of the more common controversies around drug sentencing:
Sentencing for possession with the intention of distribution depends on how much of a drug is being given away and where (in what state) the crime occurs.
Here is one example: In Arizona, people spend an average of 17 months in prison for these offenses. In Iowa, they spend 111 months.[7]
Here is another example: Tennessee imprisons three times more drug offenders than New Jersey, even though the states' rates of self-reported drug use are about the same. [4]
Many think it is unfair that people can receive different punishments for the same drug related offense based solely on what state they live in.
Despite the launch of the War on Drugs and zero-tolerance policies, decades’ worth of research and studies have shown that incarcerating people for crimes related to opioid possession and distribution has little effect on deterring these individuals or others from misusing drugs in the future.[8] Instead, incarceration is associated with increased mortality from opioid overdoses. Because incarceration does not reduce the rates of recidivism to drug use, many feel that our drug laws require reform.
Many incarcerated individuals are imprisoned for drug-related crimes due to unidentified or untreated substance use disorders. However, addiction treatment and recovery resources in the prison system are notoriously limited. Less than 10% of all prisons provide all three approved medications to help people with OUD.[9]
Individuals with OUD often promptly resume their habits upon release from prison, particularly if they're not maintained on medication. Researchers say people recently released from prison have a 40-fold increase in overdose fatality risks compared to the general population.[9]
People of color face much more stringent consequences when they enter the legal system:[10]
In state prisons, 34% of people identify as Black, when they only make up 12% of the United States population.[11]
These are just a few of the many statistics that reflect racial inequities in drug-related incarcerations in the United States.
Mandatory minimums are the policy of mandating that a person convicted of a crime receive a standardized punishment regardless of any unique or extenuating factors that might otherwise be taken into account by a judge when sentencing.
Charges with mandatory minimum sentences are brought against Black defendants at higher rates. As a result, Black males receive sentences that are about 20% longer than white males. [12]
Despite all the money and effort put into incarceration to deter drug crimes, the wide scale imprisonment of people for opioid-related crimes has not been shown to improve public safety.[4, 13]
The United States has spent over a trillion dollars pursuing prosection for drug related crimes, and yet drug use has continued for decades.[14]
In 2015, state governments spent $7 billion to arrest and imprison people for drug-related charges.
In North Carolina alone, the government spent $70 million that year arresting people for possession. Georgia spent $78.6 million, which is 1.6 times more than the state’s budget for substance misuse treatment. [15]
Many feel that if we put as much money into treating Substance use disorders as we do into prosecuting drug crimes, we would be much more adequately addressing this country’s opioid epidemic.
In attempts to deter further crimes related to opioid use, many courts sentenced people arrested for opioid-related crimes to mandatory treatment programs instead of incarceration (“drug courts”), the rationale being that treatment is more effective than incarceration at preventing recidivism.
Studies suggest that drug courts and treatment can reduce recidivism rates, although this is hard to study given the current wide range of types and models for various drug treatment programs which vary greatly state by state. [16]
Nonetheless, Drug courts are potentially a viable alternative to incarceration for opioid related crimes. [17]
In health care, we understand how misguided it is to treat OUD with legal punishment instead of medical care. However, unfortunately our legal system has not yet caught up to this way of thinking. Both the medical and legal communities will continue to advocate for the expansion of drug courts and treatment programs to help reduce drug-related crime recidivism.
