For over fifty years, the United States has addressed drug possession primarily through punishment. Since the launch of the War on Drugs in the early 1970s, policies have emphasized arrest, prosecution, and incarceration rather than treatment and rehabilitation. These policies were intended to protect communities and reduce drug use but research now shows that criminalization has produced severe social costs while failing to significantly reduce substance abuse. 

Today there are thousands of individuals across the country who are arrested for simple drug possession each year. Many of these individuals struggle with addiction, which is a widely recognized medical and psychological condition rather than criminal behavior. Instead of receiving the treatment they need, they are often times placed in the criminal justice system where incarceration can worsen the underlying causes of addiction. 

Upon researching this matter I have found that punitive drug policies have contributed to mass incarceration without producing strong evidence of deterrence (Mauer, 2006). Harsh sentencing policies, including mandatory minimums and "three strike" laws,  increased prison populations immensely throughout the 1980s and 1990s. All these policies and studies show that harsher punishments have a very little impact on reducing drug use (Doleac & Mukherjee, 2018). Criminalization also creates long-term consequences for the person convicted as well as their community. A criminal record can make it very hard for someone to find employment, secure stable housing, or purse higher education. These walls often increase the risk of continued poverty and instability which in turn can lead to substance abuse and reoffending. 

There are some even more concerning factors with this issue and that is the racial disparities in drug enforcement. National research shows that drug use rates are pretty similar across all racial groups, however black individuals are arrested for drug possession at significantly higher rates than white individuals (Mitchell & Caudy, 2013). These disparities raise some serious red flags ethically speaking. When communities experience disproportionate enforcement, trust in law enforcement and government institutions decreases. 

There is a solution to this issues that has shown some promising results. In 2001, Portugal  implemented a groundbreaking policy that decriminalized the possession of small amounts of drugs. Instead of facing criminal charges, individuals that are found with drugs are referred to specialized panels composed of health professionals and legal experts who assess treatment needs and provide support services. Studies evaluating this reform have shown significant improvements in public health outcomes. Following the decriminalization, Portugal experienced reductions in drug-related deaths and HIV transmission rates, while participation in addiction treatment programs increased (Hughes & Stevens, 2010). Most importantly, drug use did not increase dramatically compared to other European nations. Portugal's model demonstrates that treating drug addiction as a public health issue rather than a criminal offense can reduce harm while maintaining community safety

Colorado has an opportunity to set an example in reforming drug policy by shifting resources from punishment to treatment. Decriminalizing small amounts of drug possession would allow law enforcement and courts to focus on serious crimes such as trafficking and distribution while also helping individuals struggling with addiction receive that support they need. 

We urge Governor Polis and the Colorado General Assembly to: 

• Decriminalize possession of small quantities of controlled substances
• Expand diversion programs that connect individuals to treatment instead of prison
• Redirect funding from incarceration toward evidence-based addiction treatment and harm reduction services
• Implement pathways to expunge prior nonviolent drug possession convictions 

Substance abuse is a complex public health issue that cannot be solved through punishment alone. By adopting policies rooted in evidence, fairness, and compassion, Colorado can help improve public health outcomes, reduce incarceration costs, and strengthen trust between communities, and the justice system. 

Regarding this issue let Governor Polis know you support this! 

Contact Governor Polis
State Capitol Bldg - 200 E. Colfax Ave., Rm. 136, Denver, CO 80203Constituent Services Help Line: (303) 866-2885Governor's Office, Front Desk: (303) 866-2471

References
Doleac, J. L., & Mukherjee, A. (2018). The moral hazard of lowering prison sentences. Journal of Political Economy, 126(2), 753–789.

Hughes, C. E., & Stevens, A. (2010). What can we learn from the Portuguese decriminalization of illicit drugs? British Journal of Criminology, 50(6), 999–1022.

Mauer, M. (2006). Race to incarcerate. The New Press.

Mitchell, O., & Caudy, M. S. (2013). Examining racial disparities in drug arrests. Journal of Criminal Justice, 32(2), 288–313.

National Institute on Drug Abuse. (2020). Principles of drug addiction treatment.