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Should the Penalty for Possession of Prescription Opioids Be Lessened?

Opioids are pharmacological substances that mitigate pain by interacting with certain receptors in the brain or the central nervous system. However, Over the last two decades, several reports have expressed concern over the safety of these medications. The opioid epidemic has reached alarming proportions. The epidemic has materialized into a horrifying reality that has had catastrophic effects on global communities. Opioid use disorder (OUD) has been identified in 27 million individuals worldwide, and over 92,000 fatalities are linked to opioid overdoses each year (Hamid et al., 2022). The United States particularly faces a significant problem with opioid use disorder (OUD) and the occurrence of fatal overdoses resulting from the illegal use of opioids. The situation has become so concerning that the U.S. Department of Health and Human Services officially declared it an opioid epidemic in 2017. Over the last decade, the opioid epidemic has contributed to a drop in US life expectancy. Oxycodone and hydrocodone usage and overdose mortality surged in the 1990s due to increasing prescriptions. The growing availability of heroin and synthetic opioids like fentanyl may have contributed to opioid overdose deaths. Street drugs, including fentanyl or its powerful analogues, heroin, or psychostimulants, have also contributed to this development.

Presently, the United States has the greatest count of fatalities caused by opioid overdoses globally. CDC (2023) reports that the fatality count resulting from drug overdoses in 2021 exceeded sixfold the figure recorded in 1999. There was a 16% increase in drug overdose fatalities from 2020 to 2021. More than three-quarters of the over 107,000 fatalities resulting from drug overdoses in 2021 were caused by opioids between the years 2020 and 2021. Opioid use disorder (OUD) may lower quality of life, worsen comorbid diseases, and raise the risk of blood-borne infections, including HIV and hepatitis. Prescription opioid possession is punishable by harsh penalties. However, they have failed to reduce nationwide non-fatal and deadly overdoses. The punishments frequently reinforce a cycle that doesn’t address addiction’s causes. Penalties for the possession of prescription opioids should be reduced due to a compassionate approach to addiction, potential alternative treatments and the reduction in the criminal justice system’s burden.

The Essence of a Compassionate Treatment for Addiction

Prescription opioid possession penalties should be revisited in light of humane addiction therapy. The compassionate approach to addiction treatment is hopeful about human nature. According to this perspective, every person has fundamental goodness and potential, regardless of their actions or circumstances. Personal growth, change, and self-realization are possible for everyone. It also acknowledges that even damaging activities are frequently driven by a desire to fit in or satisfy unmet needs. Empathy, understanding, respect, and support are prioritized in this approach. It acknowledges that these factors promote healing and cultivate a feeling of self-value and honour. This humane treatment approach sees addiction as a medical problem rather than a crime. Criminalization stresses punishment, which frequently leads to jail and worsens addiction without addressing its origins. Such punishments include fines, probation, and even jail time. This punitive approach treats addiction as a crime rather than a chronic sickness. This view ignores the scientific knowledge of addiction as a complex interaction of biological, psychological, and social components. Instead, compassionate therapy promotes caring and support for addicts, recognizing their value and potential for recovery.

Recent research and experts have shown that punitive tactics do not work in treating addiction. Ochterbeck et al. (2023) provide persuasive evidence that punitive techniques are ineffective and recommend treatment-focused strategies. Viewing addiction as a health problem rather than a crime indicates that punitive measures do not fix drug usage. Holistic addiction therapy is more thorough and compassionate than punishing. Addiction recovery depends on non-specialized counselling, treatment, and rehabilitation clinics. According to Yucel et al. (2022), trauma, mental health concerns, and socioeconomic inequities contribute to addiction; therefore, tackling both is crucial. Alternative techniques in numerous nations and jurisdictions demonstrate the efficacy of compassionate treatment strategies. Harm reduction programs minimize the harmful effects of drug use as people recover at their speed. Drug treatment courts also concentrate on rehabilitation rather than punishment for substance use problems. These methods show that compassion and caring in addiction treatment may work.

Potential for Alternative Treatments

Reducing prescription opioid possession penalties is crucial, especially given the possibility of better opioid dependency therapies. Opioid dependency treatment includes MAT and behavioural therapy. MAT uses methadone, buprenorphine, or naltrexone with counselling and behavioural therapy. The drugs minimize opioid cravings and withdrawal symptoms, making opioid abstinence simpler. Behavioural treatment employs counselling and psychotherapy to change drug use attitudes and behaviours. However, despite these treatment alternatives, opioid abusers face severe barriers to care. Stigma, prejudice, insufficient insurance, and limited treatment facilities hinder many individuals. The barriers may hinder addicts from getting treatment, leaving them exposed to opioid usage and its consequences (Wogen & Restrepo, 2020). Prescription opioid possession charges should be reduced to help patients get treatment. Avoiding persecution and legal repercussions may encourage addicts to seek therapy. It might increase treatment availability, increasing results and minimizing the social cost of opioid dependency.

Alternative treatments like acupuncture and mindfulness-based interventions have shown promise in addressing opioid dependence. Acupuncture, which involves the insertion of needles into specific points on the body, helps manage withdrawal symptoms, reduce cravings, and improve overall well-being. Studies have shown that acupuncture can reduce opioid use and support long-term recovery (Coombs et al., 2021). Other therapies, such as yoga and meditation, also focus on addressing underlying factors contributing to addiction, such as stress, trauma, and emotional regulation. Integrating these treatments into existing addiction treatment programs can provide a more comprehensive and personalized approach to recovery. For instance, local drug courts move non-violent criminals with substance use issues from jail to supervised programs with treatment and strict responsibility. Through case management, the courts link the judicial, law enforcement, and treatment communities to other systems and provider organizations to meet participants’ education, housing, job training, and mental health referral requirements. Drug courts aid in addiction recovery, deter future criminal action and reduce the expense of processing low-level, non-violent offenders in courts, jails, and prisons (Office of National Drug Control Policy, 2023).

Reducing the Burden on the Criminal Justice System

The criminal justice system is overburdened with drug-related charges, and reducing prescription opioid possession sanctions is essential. Overcrowded prisons and limited law enforcement resources have resulted from the criminalization of drug crimes, particularly prescription opioid possession (Vedder, 2020). Punitive approaches towards drug offences have been largely ineffective in addressing addiction rates or reducing drug usage levels. Despite harsh penalties for drug-related offences, addiction rates continue to rise, and drug usage levels remain high. Punitive measures alone are insufficient in addressing the underlying issues driving drug addiction. A shift in focus towards prevention, treatment, and rehabilitation programs could help alleviate the burden on the criminal justice system. Prevention strategies like education and outreach may address addiction’s fundamental causes before people enter the criminal justice system. Addiction treatment and rehabilitation programs provide the help and tools needed to overcome drug use problems without jail.

Defunding police departments and prisons could free up resources for prevention, treatment, and rehabilitation programs. Funding community-based drug courts and diversion programs instead of law enforcement and jail may better address drug addiction’s root causes. The programs provide compassionate and effective treatment and support for individuals struggling with addiction. The strategies reduce recidivism rates and improve outcomes for addicts (Dickson-Gomez et al., 2022).

Counterarguments and Rebuttals

Reducing the punishment for possessing prescription opioids is controversial due to concerns about addiction, overdose deaths, and illegal drug trafficking. The easy accessibility of these drugs and the public’s misconception of their dangers makes them a significant issue. Reducing penalties for possession would not address the root causes of the opioid epidemic, such as overprescribing pain medication, lack of access to evidence-based treatment and recovery services, and lack of education about the dangers of prescription opioid abuse (Beckett & Brydolf-Horwitz, 2020). Drug trafficking groups would be more willing to trade prescription opioids with less prosecution risk, increasing drug consumption. Prescription opioids are extremely addictive and may cause physical and psychological dependency, respiratory depression, coma, and death. Reducing the punishment for prescription opioid possession might increase access, sales, and distribution and convey the incorrect message to the public. Drug trafficking is another issue affecting the opioid crisis, with powerful cartels controlling heroin production and distribution hubs in major American cities. Strict sanctions should be used to drive opioid distributors out of society, but some argue that the harshness of punishments should be lessened to discourage drug dealers from selling (Bowers & Abrahamson, 2020). However, evidence suggests that compassionate and therapy-focused approaches are more effective in addressing the underlying causes of addiction and reducing stigma. The potential benefits of reduced stigma, improved population health, and redirecting resources towards prevention and treatment far outweigh the perceived risks.

Conclusion

The current punitive approach to the possession of prescription opioids is ineffective and counterproductive. The evidence overwhelmingly supports the need to reduce penalties for the possession of prescription opioids. The current punitive approach has proven ineffective in addressing the root causes of the opioid epidemic and only serves to perpetuate stigma and hinder access to treatment. A compassionate approach to prevention, treatment, and rehabilitation may address the root causes of addiction and lessen criminal justice system burdens. Redirecting resources to evidence-based therapies like drug courts and diversion programs is a more humanitarian and successful way to combat the opioid epidemic and help addicts recover.

References

Beckett, K., & Brydolf-Horwitz, M. (2020). A kinder, gentler drug war? Race, drugs, and punishment in 21st century America. Punishment & Society22(4), 146247452092514. https://doi.org/10.1177/1462474520925145

Bowers, J., & Abrahamson, D. (2020). Kicking the Habit: The Opioid Crisis and America’s Addiction to Prohibition. JSTOR. https://www.jstor.org/stable/resrep26215

CDC. (2023, August 8). Understanding the Opioid Overdose Epidemic | Opioids | CDC. Www.cdc.gov. https://www.cdc.gov/opioids/basics/epidemic.html#:~:text=The%20number%20of%20people%20who

Coombs, N. C., Meriwether, W. E., Caringi, J., & Newcomer, S. R. (2021). Barriers to healthcare access among U.S. adults with mental health challenges: A population-based study. SSM – Population Health15(PMC8214217), 100847. https://doi.org/10.1016/j.ssmph.2021.100847

Dickson-Gomez, J., Spector, A., Krechel, S., Li, J., Montaque, H. D. G., Ohlrich, J., Galletly, C., & Weeks, M. (2022). Barriers to drug treatment in police diversion programs and drug courts: A qualitative analysis. American Journal of Orthopsychiatry. https://doi.org/10.1037/ort0000643

Hamid, F. A., Marker, C. L., Raleigh, M. D., Khaimraj, A., Winston, S., Pentel, P. R., & Pravetoni, M. (2022). Pre-clinical safety and toxicology profile of a candidate vaccine to treat oxycodone use disorder. Vaccine40(23), 3244–3252. https://doi.org/10.1016/j.vaccine.2022.03.053

Ochterbeck, D., Frense, J., & Forberger, S. (2023). A survey of international addiction researchers’ views on implications of brain-based explanations of addiction and the responsibility of affected persons. Nordic Studies on Alcohol and Drugs. https://doi.org/10.1177/14550725231188802

Office of National Drug Control Policy. (2023). Drug Courts. The White House. https://whitehouse.archives.gov/ondcp/ondcp-fact-sheets/drug-courts-smart-approach-to-criminal-justice

Preuss, C. V., Kalava, A., & King, K. C. (2023, April 29). Prescription of controlled substances: benefits and risks. PubMed; StatPearls Publishing. https://www.ncbi.nlm.nih.gov/books/NBK537318/

Vedder, T. J. (2020). Examining the criminogenic effect of imprisonment on drug offender recidivism – ProQuest. Www.proquest.com. https://www.proquest.com/openview/fb83bb199b5b1c2dbb0ba23c38b73a13/1?pq-origsite=gscholar&cbl=18750&diss=y

Wogen, J., & Restrepo, M. T. (2020). Human Rights, Stigma, and Substance Use. Health and Human Rights22(1), 51–60. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7348456/

Yucel, E., Bearnot, B., Paras, M. L., Zern, E. K., Dudzinski, D. M., Soong, C.-P., Jassar, A. S., Rosenfield, K., Lira, J., Lambert, E., Wakeman, S. E., & Sundt, T. (2022). Diagnosis and management of infective endocarditis in people who inject drugs. Journal of the American College of Cardiology79(20), 2037–2057. https://doi.org/10.1016/j.jacc.2022.03.349

 

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