Is It Time to End the War on Drugs? - King County Bar Association

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The harmful effects of drug addiction on our society are often aggravated by <strong>the</strong>harmful effects of our responses <strong>to</strong> drug use and sale. In our efforts <strong>to</strong> rid our world ofcertain drugs, we have incarcerated unprecedented numbers of people for long periods oftime, often for low-level involvement in <strong>the</strong> sale of small quantities of drugs. 103 Typically,as <strong>the</strong> data cited above concerning arrestees suggest, those incarcerated are addicted <strong>to</strong>drugs, and more often than not <strong>the</strong>y have been incarcerated and released without treatmentand without useful training or preparation for life in society.Conspicuously, <strong>the</strong> harms associated with prosecution and imprisonment are notuniformly distributed across <strong>the</strong> population. African Americans are incarcerated for drugrelatedoffenses in numbers that are ten times higher than <strong>the</strong>ir representation in <strong>the</strong>population at large. 104 The harmful effects of this high rate of incarceration (in conjunctionwith <strong>the</strong> low probability that those incarcerated will receive needed treatment) reverberate in<strong>the</strong> larger population, especially among <strong>the</strong> families and friends of those directly affected.And, while <strong>the</strong> causes of racial disproportionality are complex, <strong>the</strong> perception thatsomething is not right casts a shadow over public servants in law enforcement and in <strong>the</strong>courts. In some quarters, respect for those institutions is diminished.Respect for lawmakers, law enforcers and for <strong>the</strong> rule of law may also becompromised when many citizens view <strong>the</strong>ir government as failing <strong>to</strong> make appropriatedistinctions among substances that are proscribed – in particular, between marijuana ando<strong>the</strong>r more highly addictive drugs. 105 45
2. Society is justified in offering and, sometimes,in requiring drug addiction treatment.The substantial societal harm associated with drug addiction warrants a serioussocietal response. Subject <strong>to</strong> important constraints, <strong>the</strong> people of Washing<strong>to</strong>n expect <strong>the</strong>irstate government <strong>to</strong> promote <strong>the</strong> public interests in health and safety. Those interests areengaged by <strong>the</strong> harms associated with drug addiction. 106When drug addiction treatment is accepted on a voluntary basis, society’s interestsmay be fur<strong>the</strong>red without curtailing individual liberty. So, when <strong>the</strong> provision of treatmen<strong>to</strong>n a voluntary basis is a practical strategy, it will generally be <strong>the</strong> preferred strategy in asociety that values individual liberty.By contrast, requiring individuals <strong>to</strong> participate in treatment involves a significantcurtailment of individual liberty. Consequently, coercive treatment strategies must becarefully justified. Relevant considerations should include <strong>the</strong> specific harms associatedwith particular addictive substances, <strong>the</strong> effect of an addiction on o<strong>the</strong>rs dependent on <strong>the</strong>addicted individual, and <strong>the</strong> probable efficacy of any proposed treatment. Obviously,coercion is involved when treatment is offered as an alternative <strong>to</strong> incarceration. 107 <strong>It</strong> is alsoinvolved, for example, when child cus<strong>to</strong>dy or visitation decisions are made contingent oncompliance with treatment requirements.In principle, and sometimes in practice, carefully designed, coercive drug addictiontreatment may be needed <strong>to</strong> fur<strong>the</strong>r important public health and safety interests and may,<strong>the</strong>refore, be justified. The burden of justification is, however, a serious one.46
Page 7: KING COUNTY BAR ASSOCIATIONDRUG POL
Page 10 and 11: KING COUNTY BAR ASSOCIATIONDRUG POL
Page 12 and 13: IntroductionThe King County Bar Ass
Page 14: Conclusions and RecommendationsEFFE
Page 17 and 18: DRUG ADDICTION TREATMENT (cont.)sym
Page 19 and 20: 11. Opiate-replacement the<
Page 21 and 22: DRUG ADDICTION TREATMENT (cont.)17.
Page 23 and 24: Assessing the Effe
Page 25 and 26: Current Drug Policy Reforms• Citi
Page 27 and 28: ___________________________________
Page 29 and 30: Formal research studies of adolesce
Page 31 and 32: methodological difficulties in esti
Page 33 and 34: Risk Factors and P
Page 35 and 36: Protective Factors
Page 37 and 38: 3. The Promise and Perils of Drug A
Page 39 and 40: Prevention strategies have been des
Page 41 and 42: Universal prevention programs gener
Page 43 and 44: The programs implemented under <str
Page 45: SECTION IIDRUG ADDICTION TREATMENT:
Page 49 and 50: 4. Treatment is an effective respon
Page 51 and 52: 5. Some basic principles should inf
Page 53 and 54: “11. Possible drug use during tre
Page 55 and 56: There are currently drug courts in
Page 57 and 58: “become almost illusory.” <stro
Page 59 and 60: ___________________________________
Page 61 and 62: levels” for some drug offenses 16
Page 63 and 64: treatment, drug testing and o<stron
Page 65 and 66: to the</st
Page 67 and 68: and especially considering
Page 69 and 70: Those with problems are heavily con
Page 71 and 72: Just as it is difficult to<
Page 73 and 74: The federal criminal justice system
Page 75 and 76: A core principle of Washing
Page 77 and 78: Rehabilitation is the</stro
Page 79 and 80: Damaging Collateral Effects of <str
Page 81 and 82: have been so overwhelmed with drug
Page 83 and 84: creates a conflict of interest that
Page 85 and 86: The links between illegal drug prod
Page 87 and 88: convicted.” 351 Proposition 36 al
Page 89 and 90: non-violent offenders facing length
Page 91 and 92: is still supervised by the<
Page 93 and 94: emedies may be appropriate, and <st
Page 95 and 96: ___________________________________
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have shown less promise, especially
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Unique Opportunities in Washing<str
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State of Washingto
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This program provides to</s
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way.”9 According to</stro
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Best states: “ They are basically
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4, pp. 590-593, who state that <str
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109 For a summary of the</s
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Profile report is available on line
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to anothe<
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program of drug treatment that begi
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237 No deaths have ever been record
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290 A special exception to<
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Following the pass
Page 125 and 126:
Academy of Arts and Sciences, vol.
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Is It Time to End the War on Drugs? - King County Bar Association

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