Drug Policy, Drug War, and Disparate Sentencing

Emily Greberman and Colleen M. Berryessa

The United States (U.S.) and its criminal-legal system have had a historically turbulent relationship with drugs and substance use. Public rhetoric, political ideology, and resulting policies, shaped by both rehabilitative and punitive ideals, have served as a foundation for the criminalization and mass incarceration of those who possess, distribute, and use illegal drugs–especially the targeting and blaming of communities of color. Early on, though drugs such as opium had versatile medical benefits, the use of heroin, crack/cocaine, and cannabis by people of color was quickly shaped into discourse that amplified fear and racist stereotypes and catalyzed the War on Drugs. Throughout several presidential administrations, the criminalization of drug crimes disproportionately affected Black individuals, despite White citizens using them at similar or higher rates. ‘Tough on crime’ policies, policing, and sentencing that resulted from this period culminated in the mass imprisonment of people of color. Now trying to repair the harm caused by the War on Drugs and rhetoric from the media in 2024, there is a strong push for the decriminalization and legalization of several drugs across the U.S. For cannabis in particular, efforts have been made to advocate for its legalization federally. In the criminal-legal system, many political leaders and legislators have actively attempted to advocate for and enforce policies that release individuals from prison who have been incarcerated for minor drug offenses or are affected by unjust sentencing practices. Combined with nationwide efforts to promote research on the use of drugs for medicinal purposes as well as the problems of drug abuse and addiction, a more progressive and optimistic approach to drug use has begun and continues to grow across the U.S. The social and political forces that have historically shaped attitudes towards drug use and punishment are crucial to understanding the current direction of U.S. drug policies and why the pendulum continues to swing.

In Oxford Research Encyclopedia of Criminology and Criminal Justice. Oxford University Press. 2024  (forthcoming)