Putting the pieces together: The Impacts of Punitive Drug Policies on Individuals and Society.
YouthRISE Nigeria
Promoting human rights, access to quality health and socioeconomic justice and development for young people
The concept of criminalized behaviour only exists because of the establishment of corresponding policies. Behind every act deemed criminal lies the foundation of a policy that defines and sanctions it as such. Should this be true for all behaviour? Surely even without laws, it should be possible to distinguish unacceptable behaviours from deliberate offences which can be alternatively called a crime. For instance, without laws, we should be able to tell murder apart as an offence in comparison to an individual walking around with no clothes on the street, which can be regarded as unacceptable behaviour in many contexts.? Have I made my point? Certain behaviours are simply not encouraged, acceptable, or recommended, but they are not necessarily criminal unless stipulated by law.
This piece aims to shed light on the fundamental relationship, influence, and impact of policies on the classification and consequences of certain behaviours. By understanding this crucial connection, we can gain an understanding of the responsibility inherent in policies that ultimately shape our societal norms and attitudes toward behaviours. Using the Nigerian drug use policy as a case study, let us examine the unintended but underlying consequences of a reactive policy born out of urgency rather than evidence.
Before we go on, let us define drug and drug use.? In simple terms, a drug is a substance, either natural or synthetic, that can alter the functioning of the body or mind when consumed. With this definition, we can draw up a long list of what a drug is including caffeine, alcohol, cannabis, Propofol for anaesthesia, and so on. Basically, anything that alters the body or mind temporarily or permanently is a drug. Drug use can therefore be defined as the use of any substance, either natural or synthetic, that can alter the function of the body or mind.
The definition above tells us that a person who uses alcohol to temporarily alter the feeling of anxiety, to feel happiness and ease has the same expectation as one who takes cannabis for the same reason. At what point does it become a criminal choice for one and not the other? At the point when policies define one choice as criminal and the other as legal and acceptable. Some of these drugs indeed cause more harm than others, therefore requiring strict regulation and prohibition as deemed necessary, thus the need for policies and the term Illicit drugs (Illicit drugs are substances that are illegal to possess, manufacture, or distribute according to laws and regulations). However, is criminalizing the use of drugs classified as illicit the best course of action or strategy to address their use and users' needs? Let us find out together. Before we go on, please note that the success of an approach is generally dependent on if the end justifies the means and vice versa.
Below I have highlighted the unintended impact of punitive/criminalized drug policy on people who use drugs to review the success of this approach. These impacts are as follows:
Stigmatization
This refers to the policy's impact on Social Judgement, where individuals who use drugs face the weight of societal stigmatization. As we examine this impact, we witness the effects of criminalization – marginalization, isolation, and negative stereotypes. This results in reduced access to essential services such as healthcare, education, employment, etc. Stigmatization discourages people who use drugs from getting help, increases overdose deaths, and undermines harm reduction efforts.
Barriers to Health/Healing
Punitive drug policies make it difficult for people who use drugs to access medical care. The criminalization policy takes away the focus from the health of people who use drugs and places it on punishment. Where health interventions exist people who use drugs are discouraged from seeking medical care for fear of punishment which results in poor treatment for drug-related health problems.
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Criminal Justice System Overburdened
Punitive drug laws impose a heavy burden on the criminal justice system, overcrowding jails and diverting funds from more productive strategies. Marginalized communities are particularly affected by mass incarceration, which exacerbates social injustices and reinforces the cycle of poverty and drug misuse. Additionally, incarcerating people for drug use offences does not help with long-term recovery since it does not address the underlying reasons for drug dependence.
Human Right Violations
Punitive drug policies frequently lead to human rights violations, such as arbitrary arrests, and police brutality, among other things, thereby increasing the already-existing social gaps. The war on drugs has been especially harsh on vulnerable groups like women and low-income populations. The importance of respect, health, and well-being for all people, including people who use drugs, is emphasized by human rights frameworks, yet these values are undermined, and human rights violations are sustained through punitive policies.
Missed Opportunities for Public Health
Public health efforts are impacted by a punitive drug policy; Instead of funding preventive, treatment, and harm reduction programs, enforcement and sanctions are given priority. Evidence has shown that harm reduction approaches, such as needle exchange programs and medically assisted therapy, are effective in reducing drug-related harms, including HIV transmission and overdose deaths. However, punitive drug policies often impede the expansion and implementation of these evidence-based interventions.
The above-mentioned are the unintended consequence of the criminalization of drug use and punitive policy. A policy that sets apart a person who smokes cigarettes or takes coffee from one who smokes cannabis even if it is for the same reason. It marginalizes the latter and unlocks realities that are different and difficult to navigate. Now that we have examined the means, let us look at the end (result in drug use deterrence) of the policy to determine if the end can justify the means and vice versa.
To examine the effect of punitive policy on drug use deterrence, it is also important to note that the War on Drugs was declared in 1971 and adopted in various nations. In Nigeria, the NDLEA Act was established in 1989, however, decades after, there is no evidence of drug use reduction, rather the evidence indicates that the drug use menace continues to be on the rise, scaling up to 5.6% of the global population as reported by UNODC in 2018. The 2019 Nigeria Drug Use survey showed the drug use prevalence to be 14.3%, 3 times higher than the global average, this shows that punitive drug policy has failed in addressing the drug use problem. Kofi Annan said, "Drugs have destroyed many lives, but wrong government policies have destroyed many more" This is the reality of punitive drug policies. Having seen that policy influences our societal norms and attitudes toward behaviours and shapes the realities of people who identify with those behaviours, it is, therefore, crucial to review the impact of policies on the lives of people and adopt evidence-based and right-centred policies.?
Punitive drug policies have a detrimental impact on people who use drugs. Stigmatization, discrimination, limited access to healthcare, overburdened criminal justice systems, missed opportunities for public health, and human rights violations are just some of the consequences of such policies.
Therefore, shifting towards a more humane and evidence-based approach is essential. Emphasizing harm reduction, decriminalization, and investment in public health initiatives will not only protect the rights and well-being of individuals who use drugs but also contribute to more effective drug policy outcomes for society.