Opinion | Stricter Punishments for Fentanyl Users and Sellers Prove Ineffective

The media has been inundated with stories of deaths and degradation caused by narcotics. Politicians have fueled fears about marijuana, while parents worry about teenagers falling into addiction. Congress has even conducted hearings on the matter. It may surprise you to learn that I am actually describing events that took place in the 1950s, and not in recent years. The passage of the Boggs Act in 1951, signed into law by President Harry Truman, imposed strict mandatory minimum sentences for drug offenses and remained in effect until 1970.

In light of the current crisis of fentanyl and its derivatives, some argue that imposing harsher penalties on users and sellers could save lives by deterring sales. There are parents who have lost children to fentanyl-related overdoses and view it as a “weapon of mass destruction.” These parents demand that dealers be treated as murderers and face prison sentences accordingly, referring to what are now known as “drug-induced homicide” laws.

However, history has shown that mandatory drug sentencing has not significantly reduced the drug supply, addiction rates, or overdose deaths. In fact, these policies may increase the risk of overdose and hinder the chances of recovery for addicted individuals by burdening them with criminal records that make it difficult for them to find employment.

To illustrate this point, let’s take a look at the Boggs Act. This legislation mandated harsh sentences for drug offenses without distinguishing between drug use and sales, or between different types of drugs. However, lawmakers soon realized that it was ineffective, as addiction rates continued to rise. By the 1960s, drug use had become prevalent among the baby boom generation. Even though both parties agreed that the Boggs Act had failed, New York State implemented the Rockefeller drug laws in 1973, which imposed severe sentences for drug possession and sales. These laws did not reduce drug use or crime rates, but instead led to an increase in drug dealing involving children. A study conducted in 1978 found no decrease in heroin use or significant difference in crime rates compared to similar states.

New York’s prison population skyrocketed, and the state spent a significant portion of its budget on corrections. By 1997, the majority of prisoners serving sentences for drug crimes were Black and Latino individuals, despite making up less than a quarter of the state’s population. It wasn’t until 2009 that the Rockefeller drug laws were repealed, with bipartisan agreement that mandatory minimums were ineffective.

Throughout this history, it is clear that mandatory sentencing did not curb overdose deaths either. In fact, overdose deaths began to escalate in 1979 and continued to rise exponentially. The response to the opioid crisis involved prosecuting doctors and threatening physicians with prison for prescribing opioids, which led addicted individuals to turn to street heroin. With the introduction of fentanyl into the drug supply, the death toll worsened. Arresting dealers did not solve the problem, as a recent study found that overdose deaths doubled in the immediate area of a drug bust, as users sought new supplies from unfamiliar sources.

Law enforcement cannot solve the issue of addiction. States with higher rates of drug arrests and incarceration do not have lower rates of drug use. The United States, with its high incarceration rate, continues to have the highest rates of illegal drug use and drug-related deaths in the world.

While the pain of parents who have lost children to overdose is undeniable, doubling down on ineffective policies is not the solution. Sentencing dealers on par with murderers has resulted in mass incarceration of Black and brown individuals, without diminishing the availability of drugs or reducing deaths. We must learn from history and seek alternative approaches to address the crisis we face now.

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