Decriminalization as Police Reform
Ohio State Legal Studies Research Paper No. 683
Drug Enforcement and Policy Center, No. 42, February 2022
19 Pages Posted: 22 Feb 2022 Last revised: 1 Mar 2022
Date Written: February 11, 2022
Abstract
Proponents of drug decriminalization typically emphasize the reform’s utilitarian potential to reverse mass incarceration trends, reduce racial disparities within the justice system, and minimize the economic costs associated with drug enforcement. However, decriminalization has an additional, underappreciated potential to shift drug war-centered policing practices. This article details how recent decriminalization legislation in New York, Oregon, and Colorado limits police authority to expand stops, conduct searches and make arrests for drug possession. It also describes how drug decriminalization reduces police department incentives to conduct pretextual stops and militarize its personnel and divisions. Thus, drug decriminalization should also be understood as a vital tool in limiting intrusive policing practices. Including this perspective amongst the arguments for drug decriminalization strengthens the potential for substantive reform and may increase support for further legislation.
Keywords: Drug laws, drug decriminalization, drug legalization, police reform, pretextual stops, police militarization
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