Drug Decriminalization Caravan Gets Rollin'

In our earlier posts War on Drugs: Learning From Portugal's Drug Decriminalization and Nicolas Kristof: Why The War On Drugs Is A Failure, we opined that sentimentalism over "the war on drugs" has to give way to economic realities and a more humane oriented approach.

Resources uneconomically spent for prohibition and detention should instead be diverted into education, treatment and the protection of private property.

As New York Times' Nicolas Kristof in a recent highly articulate commentary, (bold highlight mine)

``Look, there’s no doubt that many people in prison are cold-blooded monsters who deserve to be there. But over all, in a time of limited resources, we’re overinvesting in prisons and underinvesting in schools.

``Indeed, education spending may reduce the need for incarceration. The evidence on this isn’t conclusive, but it’s noteworthy that graduates of the Perry Preschool program in Michigan, an intensive effort for disadvantaged children in the 1960s, were some 40 percent less likely to be arrested than those in a control group.

``Above all, it’s time for a rethink of our drug policy. The point is not to surrender to narcotics, but to learn from our approach to both tobacco and alcohol. Over time, we have developed public health strategies that have been quite successful in reducing the harm from smoking and drinking.

``If we want to try a public health approach to drugs, we could learn from Portugal. In 2001, it decriminalized the possession of all drugs for personal use. Ordinary drug users can still be required to participate in a treatment program, but they are no longer dispatched to jail.

``“Decriminalization has had no adverse effect on drug usage rates in Portugal,” notes a report this year from the Cato Institute. It notes that drug use appears to be lower in Portugal than in most other European countries, and that Portuguese public opinion is strongly behind this approach.

``A new United Nations study, World Drug Report 2009, commends the Portuguese experiment and urges countries to continue to pursue traffickers while largely avoiding imprisoning users. Instead, it suggests that users, particularly addicts, should get treatment."

Now, it appears that indeed several Latin American Countries have begun to assimilate the Portugal Experience; Mexico and Argentina has opened their doors for the less antagonistic option by decriminalizing drugs.

According to Juan Carlos Hidalgo of Cato, (bold highlights mine)

``Following in Mexico’s footsteps last week, the Supreme Court of Argentina has unanimously ruled today on decriminalizing the possession of drugs for personal consumption.

``For those who might be concerned with the idea of an “activist judiciary,” the Court’s decision was based on a case brought by a 19 year-old who was arrested in the street for possession of two grams of marijuana. He was convicted and sentenced to a month and a half in prison, but challenged the constitutionality of the drug law based on Article 19 of the Argentine Constitution:

``The private actions of men which in no way offend public order or morality, nor injure a third party, are only reserved to God and are exempted from the authority of judges. No inhabitant of the Nation shall be obliged to perform what the law does not demand nor deprived of what it does not prohibit.

``Today, the Supreme Court ruled that personal drug consumption is covered by that privacy clause stipulated in Article 19 of the Constitution since it doesn’t affect third parties. Questions still remain, though, on the extent of the ruling. However, the government of President Cristina Fernández has fully endorsed the Court’s decision and has vowed to promptly submit a bill to Congress that would define the details of the decriminalization policies.

``According to some reports, Brazil and Ecuador are considering similar steps. They would be wise to follow suit."

We, Filipinos, should learn from their experiences.

Nicolas Kristof: Why The War On Drugs Is A Failure

The war on drugs seems to have turned out like the US prohibition of alcohol or the "Volstead Act" in the 1920s.

The consequence of which was not only a failure of regulation to achieve its goal, but that it had created more problems than what it was meant to achieve, particularly black market for bootleg liquors, gangsters, mass violence, mass murder and etc.

Obviously the end result was that the Act was lifted in 1933.

Now, New York Times' high profile columnist Nicolas Kristof makes a pitch on why the same legal efforts to purge drug use seems to achieve parallel unintended consequences akin to the defunct Volstead Act.

This excerpt from his excellent article "Drugs Won The War" (all bold emphasis mine)

``This year marks the 40th anniversary of President Richard Nixon’s start of the war on drugs, and it now appears that drugs have won.

``“We’ve spent a trillion dollars prosecuting the war on drugs,” Norm Stamper, a former police chief of Seattle, told me. “What do we have to show for it? Drugs are more readily available, at lower prices and higher levels of potency. It’s a dismal failure.”

``For that reason, he favors legalization of drugs, perhaps by the equivalent of state liquor stores or registered pharmacists. Other experts favor keeping drug production and sales illegal but decriminalizing possession, as some foreign countries have done.

``Here in the United States, four decades of drug war have had three consequences:

``First, we have vastly increased the proportion of our population in prisons. The United States now incarcerates people at a rate nearly five times the world average. In part, that’s because the number of people in prison for drug offenses rose roughly from 41,000 in 1980 to 500,000 today. Until the war on drugs, our incarceration rate was roughly the same as that of other countries.

Second, we have empowered criminals at home and terrorists abroad. One reason many prominent economists have favored easing drug laws is that interdiction raises prices, which increases profit margins for everyone, from the Latin drug cartels to the Taliban. Former presidents of Mexico, Brazil and Colombia this year jointly implored the United States to adopt a new approach to narcotics, based on the public health campaign against tobacco. [see below-BTe]

``Third, we have squandered resources. Jeffrey Miron, a Harvard economist, found that federal, state and local governments spend $44.1 billion annually enforcing drug prohibitions. We spend seven times as much on drug interdiction, policing and imprisonment as on treatment. (Of people with drug problems in state prisons, only 14 percent get treatment.)...

``It’s now broadly acknowledged that the drug war approach has failed. President Obama’s new drug czar, Gil Kerlikowske, told the Wall Street Journal that he wants to banish the war on drugs phraseology, while shifting more toward treatment over imprisonment.

``The stakes are huge, the uncertainties great, and there’s a genuine risk that liberalizing drug laws might lead to an increase in use and in addiction. But the evidence suggests that such a risk is small. After all, cocaine was used at only one-fifth of current levels when it was legal in the United States before 1914. And those states that have decriminalized marijuana possession have not seen surging consumption."

Read the rest here

The 3 former presidents of Latin American Nations mentioned above by Mr. Kristoff are Mr. Fernando Cardoso the former president of Brazil, Mr. Cesar Gaviria former president of Colombia and Mr. Ernesto Zedillo former president of Mexico, whom also made the same argument early this year at the Wall Street Journal.

``The war on drugs has failed. And it's high time to replace an ineffective strategy with more humane and efficient drug policies. This is the central message of the report by the Latin American Commission on Drugs and Democracy we presented to the public recently in Rio de Janeiro.

``Prohibitionist policies based on eradication, interdiction and criminalization of consumption simply haven't worked. Violence and the organized crime associated with the narcotics trade remain critical problems in our countries. Latin America remains the world's largest exporter of cocaine and cannabis, and is fast becoming a major supplier of opium and heroin. Today, we are further than ever from the goal of eradicating drugs.

Read the rest here

Be reminded that laws or regulations no matter how noble its goal, can have unintended or long term "unseen" consequences.

And at the end of the day, regulations fall into the taxonomy of economics. The success of which would be determined by the tradeoffs between long term costs and benefits.