WITH OVERDOSES SPIKING, WE NEED A DIFFERENT APPROACH
Drug-induced homicide refers to the crime of delivering drugs that result in a death. There is a recent outcry about charging drug dealers with murder when someone dies of an overdose. But, after over 50 years of failed drug war tactics, we know that policies based on retribution and punishment exacerbate our society’s problems with drug use, substance use disorders and the overdose death crisis.
Moms United to End the War on Drugs representatives are speaking out for sane and effective drug policies. Twenty states have drug-induced homicide laws on their books, and as the opioid overdose crisis continues to escalate, with many of these deaths related to fentanyl, more prosecutors are looking at implementing these dangerous and destructive laws.
The Drug Policy Alliance says that “Prosecutors and legislators claim harsh penalties for drug-induced homicide will deter drug selling, and thus reduce drug use. Yet research consistently shows that neither increased arrests nor increased severity of criminal punishment for drug law violations results in less use (demand) or sales (supply).”
And treating drug use as a criminal behavioral issue goes against medical science.
Since we know that punitive sentences for drug offenses don’t have a deterrent effect, then one might argue that a parent or family member would experience relief that justice was served. With this “eye for an eye” mentality, someone must pay for our pain or loss. Yet we know that nothing can take away the grief of an unnecessary and tragic loss of life. Scapegoating a “dealer” is a slippery slope, as we also know that many drug users are buying, selling and trading drugs with friends.
My two sons were addicted to heroin for decades. They are survivors of a punitive criminal justice system and accidental overdose. I understand that my sons could have just as easily been seen as the dealer or the victim.
Many who support these harsh laws will say that they don’t target the average user, just the bad guys and the cartels who sell drugs like fentanyl to unsuspecting individuals for financial gain. But, from what I have heard from relatives of substance users and colleagues, a majority of criminal charges are going to people who seek medical assistance for overdose victims, such as family and friends, and to people who sell small amounts to support their own drug dependence. I fail to see how losing two lives (one to incarceration and the other to overdose death) solves anything. Instead, it means that two families suffer greatly; yet there is no resolution. And any policy that makes people fearful of calling 911 for help in overdose situations will lead to more unnecessary overdose fatalities.
The lingering question is what should be done with drug dealers who aren’t drug dependent themselves, who knowingly circulate tainted drugs for profit. 50-plus years of the failed war on drugs challenges us to find new solutions. Legalizing and regulating all drugs would take away the profit motivation that drives crime. It would also allow for funneling of resources away from criminal justice and into treatment and recovery services.
We are living in a triple crisis of opioid overdoses, the COVID-19 pandemic and systemic racism. We know that the “war on drugs” has disproportionately targeted Black and Latino communities, and drug-induced homicide prosecutions do the same, continuing the legacy of discrimination.
Fentanyl has been used in hospital settings for years. It is a synthetic opioid that is up to 50 times stronger than heroin and was developed for pain management of cancer patients. Unfortunately, it is
The drug war’s frequent use of punishment solves nothing.
being added to heroin to increase its potency and laced in other drugs such as cocaine and methamphetamines. Over 150 people die every day from overdoses related to synthetic opioids, according to the Centers for Disease Control and Prevention. But the drug is not an enemy to be demonized, neither is the individual struggling with an opioid use disorder.
Moms United to End the War on Drugs is a national collaborative campaign with representatives in 35 states working for drug policy reform and promoting strategies that reduce the harms associated with drug use and substance use disorders. Mothers across the nation are distributing Narcan, a safe drug that can quickly reverse an opioid overdose.
In San Diego County alone, our organization A New PATH (Parents for Addiction Treatment & Healing) has 2,225 reported lives saved since we began this program in 2014. Information on our overdose prevention trainings can we found on https://www.anewpath.org/ naloxone-distribution.
I believe we should be looking forward and focusing on these types of positive actions, rather than looking backwards and pouring resources into punitive criminal justice measures. We need to be putting all of our positive energy into seeking solutions to this public health problem, providing harm reduction strategies and support, and practicing tolerance and compassion in order to save lives and heal our communities.
Bergman is co-founder and executive director of A New PATH (Parents for Addiction Treatment & Healing) and lead organizer of the Moms United to End the War on Drugs national campaign. She lives in Rancho Santa Fe.