Opponents of the bill that would decriminalize possession of small amounts of scheduled drugs argue that other states that have enacted the law are exacerbating the drug crisis caused by the policy change. But data suggests otherwise.
A bipartisan bill sponsored by Rep. Lydia Crafts (D-Newcastle), LD 1975, would repeal a provision in state law that criminalizes possession of small amounts of certain drugs, including heroin, cocaine, and fentanyl. It would also create a fund aimed at improving access to treatment and recovery resources across the state.
Supporters of the bill gave several hours of emotional testimony before the Health and Human Services Committee last week. In a direct appeal to his Republican colleagues, one of the bill’s co-sponsors, Rep. Lucas Lanigan of Sanford, described how he nearly lost his son Alex to substance use disorder. Told.
Rangian said her son is celebrating 14 months of sobriety thanks to the support of his family, doctors and his own efforts in recovery.
“Most people lack these critical supports needed for recovery. As a state, we have made the entry level for reintegration so strict that we continue to see more failures than successes.” said.
Opponents of the bill cited states like Oregon and Washington as examples of why decriminalization would have a devastating effect on Maine. Gordon Smith, Gov. Janet Mills’ opioid response director, said Mills’ administration opposes the measure.
Brewer Mayor Jen Morin said a 2021 Oregon ballot measure approved by voters would make possession of small amounts of all previously criminal drugs a non-criminal violation with a fine of up to $100. He told MPs that the changes had “dire consequences”.
“Homelessness has increased, overdoses have increased, crime has increased, public disorder has increased, social costs have increased,” she said.
The number of opioid overdose deaths in Oregon has skyrocketed, from 280 in 2019 to a high of 956 in 2022, according to the Oregon Health Authority. Some cities, including Portland, are considering repealing parts of their laws after a spike in outdoor drug use has led to intense criticism from residents and businesses.
However, a study of the after-effects of decriminalization in Oregon, as well as a Washington state Supreme Court decision and legislative action that partially decriminalized the drug, found no evidence that the changes had an impact on drug-related deaths. Ta.
“What we found is that the changes in fatal overdoses that we’re seeing now are not due to policy changes,” said Tom, an assistant professor of epidemiology at the University of Michigan and co-author of two studies looking at death and arrest rates. said Spurha Joshi. After decriminalization.
The increase in Oregon, like in many parts of the country, can be attributed, at least in part, to the fentanyl epidemic.
In a peer-reviewed study published in JAMA Psychiatry, researchers used a technique called synthetic control to “emulate a parallel universe” of states like Oregon and Washington, which had not decriminalized. said Magdalena Cerda, director of the Center for Opioid Epidemiology. New York University Grossman School of Medicine Policy.
“Then we compare what happened in Oregon or Washington to what happened in other states that are most similar to Oregon or Washington. , we found that there was no significant change in overdoses compared to other states,” she said.
In the years following Oregon’s decriminalization, overdoses skyrocketed across the country, coinciding with the pandemic.
But researchers found that the state’s monthly overdose fatality rate per 100,000 people was, on average, only 0.27 points higher than comparable states. The difference between Washington state’s monthly fatal overdose rate and comparison states, including Maine, was even smaller, with just 0.11 more overdoses per 100,000 people.
To be statistically significant, the difference must be at least 0.5 overdoses per 100,000 people.
Even after explaining the prevalence of fentanyl in the drug market by comparing fentanyl seizures in Oregon and Washington to comparison states, Cerda finds that the Oregon law (Measure 110) “remains similar in its lack of effectiveness. You can see it,” he said.
Winifred Tate, director of Colby College’s Maine Drug Policy Lab, said the evidence shows “criminalization and punitive drug strategies are creating tremendous suffering in Maine and across the country.” Ta.
A 2022 report from the Maine Drug Policy Institute, ACLU of Maine, and Maine Economic Policy Center says recent increases in spending on criminalization have “significantly outpaced” increases in spending on treatment. .
“At current MaineCare reimbursement rates, serving one year in state prison costs more than twice what it costs to provide one year of housing, weekly counseling, and drug treatment,” the report states. Says.
A study published in 2018 by the Pew Charitable Trusts found that at both the state and federal level, higher drug incarceration rates and tougher penalties have not led to lower drug use, overdose, and arrest rates. found.
Maine law draws a thin line between “possession,” “possession,” and “trafficking” based on the amount of drugs in possession at the time of arrest, resulting in increasingly severe criminal offenses. ing.
The Crufts bill decriminalizes possession and only affects small amounts of drugs. Under current law, a person with 200 milligrams of heroin, oxycodone, methamphetamine, or fentanyl can be charged with a Class C crime, punishable by up to five years in prison and a $5,000 fine. This is equivalent to the weight of a raindrop, the Maine report said.
If you are found in possession of a sugar bagful of crack cocaine, you can be charged with a Class B crime, punishable by up to 10 years in prison and a $20,000 fine.
“Maine’s laws are incredibly strict,” Tate said.
Possession of 4 grams of fentanyl or heroin, equivalent to the weight of four paper clips, could result in human trafficking charges, which are also Class B crimes.
“Many people who are currently actively using will say they use more than these amounts every day, and they own the amount they use to stay healthy during the day. You can still be exposed to trafficking charges just by being there,” Tate said. He said.
The Maine report states that under current law, prosecutors and juries must prove intent to secure a conviction for furnishing or trafficking, regardless of whether the drug was intended to be shared or sold. It points out that there is no.
This, combined with the fact that the vast majority of drug possession cases are resolved through plea bargains to avoid harsher penalties, suggests that “big drug dealers rarely fall into the trap of drug trafficking laws.” “It shows.”
“Maine is a state where people are often caught up in the trafficking vagaries and declared human traffickers simply for trying to maintain their habit,” Tate said.
