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There is very little work on the intersection of gender, race, and disability status specific to people with substance use disorders outside of people who are pregnant and women who have children. See, e.g., Gunn, A.J. et al., “‘That’s Not Me Anymore’: Resistance Strategies for Managing Intersectional Stigmas for Women with Substance Use and Incarceration Histories,” Qualitative Social Work 17, no. 4 (2018): 490–508. Although worthy of more attention, the scope of this article is limited to intersections of race and disability.CrossRefGoogle ScholarPubMed

See Tovino, S.A., “State Benchmark Plan Coverage of Opioid Use Disorder Treatments and Services: Trends and Limitations,” South Carolina Law Review 70 (2019) 764–949.Google Scholar

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See, e.g., Earp, B.D. et al., “Racial Justice Requires Ending the War on Drugs,” American Journal of Bioethics 21, no. 4 (2021): 4-19.CrossRefGoogle ScholarPubMed

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See, e.g., Andraka-Christou, B., “What Is ‘Treatment’ for Opioid Addiction in Problem-Solving Courts? A Study of 20 Indiana Drug and Veterans Courts,” Stanford Journal of Civil Rights and Civil Liberties 13 (2017): 189–254; Issue Brief: Opioid Use Disorder Treatments in Jails and Prisons, Pew Charitable Trusts, April 23, 2020, available at <https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2020/04/opioid-use-disorder-treatment-in-jails-and-prisons> (last visited December 30, 2021).Google Scholar

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People of color who use drugs for enjoyment and those who use drugs as part of a SUD are structurally harmed by the white and able-bodied supremacy of drug policy. Contrary to the hysteria that attends the “just say no” and other approaches to drug use, many people use drugs without developing a substance use disorder. See Hart, C.L., Drug Use for Grown-Ups: Chasing Liberty in the Land of Fear (New York: Penguin Random House, 2021). Prohibition, for example, creates demand for an illicit supply of drugs with inconsistent and unknown contents and quality, drives people to use alone or in unsafe conditions, deters people from seeking help for fear of imprisonment, and contributes to infectious disease by denying access to sterile injection supplies. See generally, L. Beletsky and C.S. Davis, “Today’s Fentanyl Crisis: Prohibition’s Iron Law, Revisited,” International Journal of Drug Policy 46 (2017): 156-159.Google Scholar

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Although intersectionality is not directly engaged in their public policy statement, the American Society of Addiction Medicine has explicitly detailed the ways in which racism has and continues to disproportionately harm people of color with SUD. See American Society of Addiction Medicine, “Public Policy Statement on Advancing Racial Justice in Addiction Medicine,” 2021, available at <https://www.asam.org/docs/default-source/public-policy-statements/asam-policy-statement-on-racial-justiced7a33a9472bc604ca5b7ff000030b21a.pdf?sfvrsn=5a1f5ac2_2> (last visited December 30, 2021).+(last+visited+December+30,+2021).>Google Scholar

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This terminology emerged from the DisCrit literature and reflects the compound disadvantage experienced by people who are members of multiple groups that are historically and currently subjugated. See, e.g., Dougall, S. Mac, “Over-the-Counter Access to Oral Contraception: Reproductive Autonomy on Pharmacy Shelves or A Political Trojan Horse?” Columbia Journal of Gender & Law 30 (2015): 204–253, at n. 6 (explaining the meaning of multiply marginalized).Google Scholar

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See, e.g., Khatri, U.G. et al., “Racial/Ethnic Disparities in Unintentional Fatal and Nonfatal Emergency Medical Services–Attended Opioid Overdoses During the COVID-19 Pandemic in Philadelphia,” JAMA 4, no. 1 (2021): 1–4 (detailing significant and disproportionate increases in drug overdoses among Black people during the pandemic in Philadelphia).Google ScholarPubMed

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See, e.g., American Society of Addiction Medicine, supra note 23. See also, Lagisetty, P.A. et al., “Buprenorphine Treatment Divide by Race/Ethnicity and Payment,” JAMA Psychiatry 76 no. 9 (2019): 979–980 (finding white and higher-income individuals receive standard of care treatment at disproportionate rates).CrossRefGoogle Scholar

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