On Friday, a House committee discussed a bill for drug decriminalization. It will decriminalize possession of all drugs in Maine.
Many groups and organizations testified in favor of the proposal. Among them were the Maine Medical Association (MMA) and a church coalition.
The legislation aims to make illicit drug possession a civil violation. The civil violation is punishable by a $100 fine. If people would like to avoid the fine, they could submit to an “evidence-based assessment for proposed treatment for substance use disorder”.
Various groups testified on Friday before the House Criminal Justice and Public Safety Committee. Numerous people shared their personal stories about the harms of criminalizing personal drug possession. Committee members heard about the long-term consequences that accompany drug convictions. Such as lack of housing and employment opportunities.
MMA Supports Decriminalization
One of the most notable supporters of the legislation is the Maine Medical Association (MMA). They are part of the American Medical Association (AMA). Typically, the AMA opposes reforms like legalizing marijuana, or other illicit drugs. But Maine’s chapter’s position on decriminalizing possession of all drugs is aligned with pro-reform advocacy groups.
“Opioid addiction is both an epidemic and a public health crisis, every bit as much an illness as cancer, diabetes, or alcoholism,” MMA said in written testimony. “But instead of receiving treatment and support for their illness, patients affected by substance use disorders often find themselves treated as criminals instead of patients.”
Their testimony continued, saying that the pathways to defeating substance use disorders are treatment and prevention. Stigmatizing victims with felony convictions for the rest of their life is not the answer. It affects their ability to find jobs, health insurance, housing, family support, and it often leads to relapse. In order to take medical control of the opioid epidemic, decriminalization of drug possession will need to come first.
The co-chair of the public health committee of the MMA, Daniel Oppenheim, appeared before the panel on Friday. He stressed that “opioid addiction is both an epidemic and a public health crisis,” and “all too often opioid addiction begins with prescriptions written by doctors.”
Churches Support Decriminalization
The Maine Council of Churches also testified in favor of the bill. They represent faith institutions from seven denominations.
“Maine’s current policies around drug use and substance use disorder have a severe death measure. Our choice not to treat the opioid epidemic as a public health crisis allowed 500 Mainers to die of overdose last year alone,” the council’s testimony said. “Our policy of criminalization keeps thousands more locked in a vicious cycle that spins attempts to self-medicate trauma into felony convictions, which create barriers to the resources necessary to recover, leading to deeper trauma.”
Other Support for Decriminalization
The Maine Center for Economic Policy also favors ending criminal penalties for drug possession. They said the existing policy “places a huge burden on Mainers, especially Mainers of Color, and prevents them from thriving economically.”
They also stated that criminalizing people who use drugs is inefficient. Saying “the state spends tens of thousands of dollars each year to incarcerate an individual; resources would be much more effective applies to other methods.”
ACLU of Maine said the “attempt to arrest our way out of drug use has not worked: drugs are still readily available throughout the state, substance use disorder rates remain high, and the death toll is unprecedented.”
The Maine Association of Criminal Defense Lawyers said that drug possession convictions have both short-term and lifelong consequences. People with convictions are likely to suffer negatively at work, in relationships, and housing.
The association said, “the get tough on crime, war on drugs approach has been a failure by any metric. It has cost untold amounts of dollars and lives.”
Along with all of the other support, addiction recovery groups also submitted testimony in favor of the legislation. A representative of the Maine Recovery Advocacy Project shared a personal story about how past drug use could have led to life-lasting consequences without necessary treatment.
The Alliance for Addiction and Mental Health Services said substance misuse disorder “is a health condition and not a crime”.
Opponents Against Reform
The Maine Drug Enforcement Agency was one of the main opponents to the legislation.
The anti-narcotics agency said that they are open to reasonable modifications of the unlawful possession of drugs. But they will not support the decriminalization of illegal drugs.
The agency noted several issues with the bill. Saying that the title implies that personal use amounts would be subject to a civil violation. But it does not specify what quantities would be considered personal use amounts. They also state that the bill does not propose stronger intervention responses if there are subsequent violations. They also said that “decriminalization of these drugs sends a mixed message that fails to recognize how dangerous these drugs are and normalizes their possession.”
Maine is one of many states having the conversation about the need to reform laws criminalizing people over drugs. After years of criminalizing drug use and looking at the data, more people and states want to treat substance misuse as a public health issue, rather than a criminal justice matter.
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