Drug addiction is a chronic disease. It alters the way the brain works, stripping people of self-control and their ability to resist further drug consumption. Yet unlike responses to other diseases, in the United States, arrests and incarceration serve as the primary treatment for drug addiction.
This approach has been a failure. It’s time to treat drug addiction as a public health matter and not a criminal law one. This begins by investing in a treatment infrastructure and decriminalizing the personal possession of drugs.
Police in the United States make 1.16 million arrests a year for drugs. The vast majority of these arrests, 87 percent, are for personal possession or use of drugs, meaning that police arrest a person for drug possession, not drug selling, every 32 seconds. Drug arrests represent the number one activity that police engage in, at nearly 2.5 times the volume of arrests for all FBI-classified violent offenses combined (homicide, rape, robbery and aggravated assault). Despite people of all races using drugs at similar rates, Black people comprise 27 percent of all drug-related arrests—even though they make up just 13 percent of the U.S. population. There are about 350,000 people incarcerated in jails and prisons for drugs.
Yet for all these arrests and incarceration, we have little to show for it, other than more people in handcuffs and jail cells. New data released just last month revealed that nearly 110,000 people in the United States died from drug-involved overdoses in 2022, compared to fewer than 20,000 in 1999. The CATO Institute estimates that taxpayers spend approximately $47 billion a year on drug prohibition. In the 23 years that drug overdoses rose from 20,000 to 110,000 a year, taxpayers spent more than $1 trillion.