Tuesday, October 27, 2009

Drug Decriminalization: Regulation Versus Prohibition

Here is an interesting article on drug decriminalization from Peter Moskos at the Washington Post.

Some notes:

1. Regulation versus Prohibition

``The Dutch classify marijuana as a "soft drug," which means that, like alcohol and tobacco, it is best regulated through controlled distribution. "Hard drugs," such as cocaine and heroin, remain illegal. But personal drug use is more a health matter than an arrestable offense.

``Even the Amsterdam police want to keep the coffee shops open. "Why push drug use underground?" asked Christian Koers, the police chief responsible for Amesterdam's red-light district. "Then you cannot control it, and it becomes more popular and more dangerous. "

``This idea -- that drugs are both enjoyable and dangerous and thus better regulated than prohibited by government and sold by criminals -- seems common-sense enough, even in America. Until now, the main opposition to a state's right to legalize marijuana has been the federal government. But last week, in a major policy shift, the U.S. Justice Department instructed federal prosecutors not to focus on "individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana."

2. Illegal Dealing Spawns Violence

``There is little violence surrounding the private drug trade between friends, coworkers and family members. The real drug problem, along with addictive heroin and crystal meth, is illegal public dealing. In public drug markets, signs of violence are everywhere: Intimidating groups of youths stand on corners under graffiti memorializing slain friends; addicts roam the streets and squat in vacant buildings; "decent" people stay inside when gunshots ring out in the night."

3. Addressing Crime Is Distinct From Controlling Vice

``In another neighborhood in Amsterdam, a man caught breaking into cars was released pending trial. The arresting officer returned to him, along with his shoelaces and personal property, his heroin and drug tools. I was amazed. The officer admitted he wasn't supposed to do that; heroin is illegal. But the officer had thought it through: "As soon as he runs out of his heroin, he'll break into another car to get money for his next hit."

``For the addict, the problem was drugs. But for the police officer, the problem was crime. It made no sense, the officer told me, to take the drugs and hasten the addict's next crime. The addict was not a criminal when he had drugs (beyond possessing them); he was a criminal when he didn't have drugs.

``I asked the officer if giving drugs to addicts sends the wrong message. He said his message was simple: "Stop breaking into cars!" With a subtle smirk in my direction, he added, "It is very strange that a country as violent as America is so obsessed with jailing drug addicts." Indeed, Dutch policymakers plan, regulate, fix and pragmatically debate harms and benefits. Police in the Netherlands are not involved in a drug war; they're too busy doing real police work."

4. Decriminalization Doesn't Promote Usage, Regulation Reduces Chaos

``The results are telling. In America, 37 percent of adults have tried marijuana; in the Netherlands the figure is 17 percent. Heroin usage rates are three times higher in the United States than in the Netherlands. Crystal meth, so destructive here, is almost nonexistent there. By any standard -- drug usage rates, addiction, homicides, incarceration and dollars spent -- America has lost the war on drugs.

``And just as escalating the drug war over the past three decades hasn't caused a decrease in supply and demand, there's no good reason to believe that regulating drugs instead of outlawing them would cause an increase. If it did, why are drug usage rates in the Netherlands lower? People start and stop taking drugs for many different reasons, but the law seems to be pretty low on the list. Ask yourself: Would you shoot up tomorrow if heroin were legal"

``Nobody wants a drug free-for-all; but in fact, that's what we already have in many communities. What we need is regulation. Distribution without regulation equals criminals and chaos -- what police see every day on some of our streets. People will buy drugs because they want to get high, and the question is only how and where they will buy them.

5. Learning From History

``History provides some lessons. The 21st Amendment ending Prohibition did not force anybody to drink or any city to license saloons. In 1933, after the failure to ban alcohol, the feds simply got out of the game. Today, they should do the same -- and last week the Justice Department took a very small step in the right direction."

Read the entire article here

Hat tip Mark Perry


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