Bill proposal to decriminalize drug possession in state debated

While recognizing that the current war on drugs has been a failure, those testifying on a bill that would make possession for personal use of drugs like cocaine, heroin, fentanyl and opiates subject only to a $100 fine instead of possibly 10 to more years in prison were divided on whether the proposal would be the best approach for the state to take. Those who are supportive of the bill stated that substance use addiction is a disease that requires treatment not prison and point out that the state had a record number of drug overdose deaths in 2020. In Washington County, from 2019 to 2020 the number doubled, from 10 to 20. However, the attorney general, prosecutors and the Maine Drug Enforcement Agency (MDEA) argued for a compromise approach instead of outright decriminalization. The legislature's Criminal Justice and Public Safety Committee held a hearing on the bill on April 30.
Rep. Anne Perry of Calais, who sponsored the bill, said the country's war on drugs for the past 50 years had only led to more incarceration and the stigmatizing of those who are addicted. She argued that drug addiction should be treated like other addictions, like smoking or alcohol, by connecting those who are addicted to treatment services instead of viewing them "as a moral failure."
Another legislator, Rep. Genevieve McDonald of Stonington, stated that the proposal would not be enabling people to use drugs but rather would enable them to live. "People who are battling addiction deserve compassion and hope."
Dr. Daniel Oppenheim of Falmouth spoke on behalf of the Maine Medical Association in support of the bill, stating that opioid addiction "is both an epidemic and a public health crisis, every bit as much an illness as cancer, diabetes or alcoholism. 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."
Peter Lehman of Thomaston, who spoke on behalf of the Maine Prisoner Advocacy Coalition, noted that the criminalization of drugs causes prices to go up, creates black markets among distributors and results in violence, as drug users commit crimes to support their use.
Testifying on behalf of the Northern New England Society of Addiction Medicine, Dr. Mark Publicker of Gorham said he had seen how a person's arrest for possession "can ruin their lives, costing them jobs, housing, student loans, their families and more." He stated that data from the U.S. and other countries show that decriminalization does not increase drug use and that treating problematic drug use as a health issue is a more successful model for keeping communities healthy and safe. Responding to a question, he said most treatment can be done at the primary care level and that only a small percentage of those addicted need residential treatment.
Noting that the U.S. has become the world's largest jailer since the war on drugs began in the 1970s and that Maine's drug laws are exceptionally harsh compared to other states, Meagan Sway of the American Civil Liberties Union in Portland pointed out that more than 500 people died last year from drug overdoses in Maine. She stated, "We owe it to those we love who use drugs to try a new way in order to save lives." Oregon voters recently passed a measure similar to the bill being proposed in Maine, and Portugal decriminalized drug possession in 2001. In that country, the opioid crisis soon stabilized, and there were dramatic drops in problematic drug use, overdose deaths, drug related crime and incarceration rates.
As to whether prison helps to reduce drug use, Stephanie Flash, a registered nurse who works at a local jail and an inpatient detox facility in Portland, stated that the correctional system "is not equipped to make any sort of positive change" for those who are addicted to drugs. "Within three months of release from custody, 75% of formerly incarcerated individuals relapse to substance use disorder and approximately 40% to 50% are arrested for a new crime within the first year," she stated. "By criminalizing individuals who use substances we are simply perpetuating the cyclical nature of arrest and rearrest, costing people lives and taxpayers money."
Speaking on behalf of the Maine Prosecutors' Association, Natasha Irving, the district attorney for four midcoast counties, agreed that medical and mental health treatment are the only effective methods to combat the substance use illness and that sending people to prison for misdemeanor possession charges is not a good solution. However, prosecutors can use their discretion, and in her district they prosecute drug possession charges only under certain circumstances. But sometimes a person has been diverted into treatment multiple times and overdoes multiple times, and then charges can be brought with bail conditions to exert more pressure for the person to stay in treatment. More investment needs to be made in treatment centers, she argued, and decriminalization of possession of drugs without that investment "strips us of our last resort to save the lives of our friends, our families and our neighbors."
Attorney General Aaron Frey also argued that the criminal justice system can help provide the motivation so that those who are addicted will pursue a path to recovery. While agreeing that prison is not the solution to the drug crisis and that the current system is not ideal, he argued for some form of compromise in which access to services is increased while criminalization of drug possession is reduced.
Roy McKinney, director of the MDEA, also urged a compromise approach and said the agency "is resolved to working for reasonable reforms to Maine's illegal possession statute based on evolving views of how to address the problem of illegal substance use." However, he noted that the bill does not specify what quantities would constitute personal use amounts and does not propose any stronger intervention responses if there are subsequent violations. He stated, "Decriminalization of these drugs sends a mixed message that fails to recognize how dangerous these drugs are and normalizes their possession."
Rep. Charlotte Warren, the co-chair of the legislative committee, noted that this was the seventh year that the MDEA and the administration have opposed strategies to "save our friends from dying" and have said they are working on a solution. "But when?" she asked. McKinney responded that the MDEA is willing to work on reasonable reforms, adding, "We're all committed to doing what's right for our communities."
The committee voted to table the bill during a work session on May 5.