Moving away from drug courts: Toward a health-centered approach to drug use
Drug courts arose in the 1980s as a laudable attempt to ameliorate the devastating effects of the nation’s misguided drug laws. Today there are more than 2,800 drug courts operating in the 50 states and U.S. Territories, up from 1 in 1989 and 665 in 2000. Half of all U.S. counties have at least one operating drug court.
Available evidence shows, however, that most drug courts are costly; are no more effective than voluntary treatment; do not demonstrate cost savings, reduced criminal justice involvement, or improved public safety; leave many participants worse off for trying; and often deny proven treatment modalities, such as methadone and buprenorphine.
Consequently, the Drug Policy Alliance supports eliminating criminal penalties for personal drug possession and use.
There may be a role for drug courts as well, but only if they undergo a change of course. Specifically, drug courts should not receive public funding unless they:
- Target people arrested for more serious offenses who would otherwise face lengthy incarceration terms;
- Eliminate jail sanctions for simple drug relapse;
- Allow the use of opioid substitution treatments, such as methadone and buprenorphine, to treat opioid-using participants
- Provide opioid-using participants with overdose prevention education, training and naloxone; and
- Adopt pre-plea rather than post-plea or post-conviction procedures for participant eligibility.
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