War on DrugsThe expression War on Drugs refers to a governmental program, or series of programs, intended to suppress the consumption of certain recreational drugs. The term was first used by Richard Nixon in 1972 to describe the United States' programs. Later, President Reagan added the position of drug czar to the Cabinet. Equivalent terms are now used in many other countries as well. There is no known example of such policies successfully eradicating drug use or addiction. Most countries have a very similar set of prohibited drugs. Some exceptions exist; most notably, Islamic countries mostly prohibit the use of alcohol, while most other states allow at least adults to purchase and consume alcohol. All countries regulate the manufacture, distribution, marketing and sale of some or all drugs, such as by using a prescription system. Only certain drugs are banned with a "blanket prohibition" against all use. However, the prohibited drugs generally continue to be available through the illegal drug trade. Many countries allow a certain amount of personal use of certain drugs, but not sale or manufacture. Some also set a specific amount of a particular drug, above which is ipso jure considered to be evidence of trafficking or sale of the drug. In July 2000, the Taliban rulers of Afghanistan ruled opium to be "against Islam" and outlawed it, with verbal and foreign aid support of the US government. After the Taliban was swept out of power by the USA (for other reasons), opium cultivation resumed. In April 2004, Afghan interim president Hamid Karzai declared a jihad on drugs (after opium output reached a near-record 3,600 tonnes in 2003 -- equivalent to three-quarters of world supply).
ApplicationThe War on Drugs involves action taken against three groups of criminals:
A War on Drugs is usually run like a modern war with police and other law enforcement officers instead of military personnel. The apparatus prepared for the War is ordinarily organized to face guerrilla situations, armed attacks or counter-attacks and bombings. These tactics include espionage, as undercover agents (spies) are used to infiltrate drug use and trafficking circles. Investigation on drug trafficking often begins with the recording of unusually frequent deaths by overdose, monitoring financial flows of suspected trafficants, or by finding concrete elements while inspecting for other purposes. For example, a person pulled over for traffic violations may have illicit drugs in his or her vehicle, thus leading to an arrest and/or investigation of the source of the materials. Most investigations into trafficking or manufacturing are fruitless, and casual users remain at a greater risk of arrest, conviction and imprisonment than others. Legal ProvisionsThe following frequently used drugs are prohibited or otherwise regulated for recreational use in most countries:
The regulation of the above drugs varies in many countries; cannabis and hashish, for example, are sometimes legal for personal use, though not sale. In some countries Dextromethorphan is available in ordinary over-the-counter products such as cough medicines. Alcohol possession and consumption by adults is today banned only in Islamic countries and various parts of India. The United States, Finland, and Canada banned alcohol in the early part of the 20th century; this was called Prohibition. Tobacco is not illegal for adults in any country. In countries where alcohol and tobacco are legal, certain measures are frequently undertaken to discourage use of these drugs. For example, packages of alcohol and tobacco sometimes communicate warnings directed towards the consumer, communicating the potential risks of partaking in the use of the substance. These drugs also frequently have special sin taxes associated with the purchase thereof, in order to recoup the losses associated with public funding for the health problems the use causes in long-term users. Restrictions on advertising also exist in many countries, and often a state holds a monopoly on manufacture, distribution, marketing and/or the sale of these drugs. In the United States, there is considerable legal debate about the impact these laws have had on Americans' civil rights. Critics claim that the War on Drugs has lowered the evidentiary burden required for a legal search of a suspect's dwelling or vehicle, or to intercept a suspect's communications. However, many of the searches that result in drug arrests are often "consent searches" where an arresting officer does not have probable cause or a warrant, but has asked for and received permission to search a person or their property. Sometimes, crimes not directly related to drug use and sale are prohibited. For example, the United States recently brought charges against club owners for maintaining a place of business where a) Ecstasy is known to be frequently consumed; b) paraphernalia associated with the use of Ecstasy is sold and/or widely tolerated (such as glow sticks and pacifiers); and c) "chill-out rooms" are created, where Ecstasy users can cool down (Ecstasy raises the user's blood temperature). These are being challenged in court by organizations such as the American Civil Liberties Union (ACLU) and Drug Policy Alliance. Many countries allow the use of undercover law enforcement officers solely or primarily for the enforcement of laws against recreational use of certain drugs. Many of these officers are allowed to commit crimes if it is necessary to maintain the secrecy of the investigation, or in order to collect adequate evidence for a conviction. Some people have criticized this practice as failing to ensure equality under the law because it grants police officers the right to commit crimes that no other citizen could commit without potential consequences. The War on Drugs has stimulated the creation of international law enforcement agencies (such as Interpol), mostly in Western countries. This has occurred because a large volume of illicit drugs come from Third-World countries. HistoryEarly Drug LawsAlthough the present War on Drugs is a distinctly modern phenomenon, drug laws have been a common feature of human culture throughout history. Perhaps the earliest recorded example in the Old World is the prohibition of the use of alcohol under Islamic law (Sharia), which is usually attributed to passages in the Qur'an purportedly dating from the 5th century. Although Islamic law is often interpreted as prohibiting all intoxicants (not only alcohol), the ancient practice of hashish smoking has continued throughout the history of Islam, against varying degrees of resistance. A major campaign against hashish-eating Sufis was conducted in Egypt in the 11th and 12th centuries resulting among other things in the burning of fields of cannabis, and the public torture of hashish users (Ref 1). Religious intolerance was also the motivation for drug prohibition in Christian Europe. In a move interpreted as support of the efforts of the Spanish Inquisition against the Arabs, in a 1484 fiat Pope Innocent VIII banned the use of cannabis. The persecution of heretics in the form of witch-hunts also gathered momentum around this time, and frequently targeted users of medicinal and hallucinogenic herbs. The Inquisition proceeded apace in Central and South America, where peyote, ololiuqui, toloache, teonanocatl and other sacred plants of the Aztec culture were prohibited as works of the devil. In Northern Europe, the Protestants were also guilty of passing drug laws motivated by religious intolerance, according to Stephen Harrod Buhner (Ref 2). Buhner argues that the 1516 Reinheitsgebot, which stipulates that beer may only contain water, malt and hops was a "reflection of Protestant irritation about 'drugs' and the Catholic Church". Unlike the typically stimulating herbal blends widely used at the time (e.g. gruit), hops cause sedation and reduce libido. In 1536 Edward VI commended hopped beer as "notable, healthy and temperate", while the exclusive use of hops had been compulsory in France since 1268 (Ref 3). Coffee almost followed the same fate as cannabis as its use spread from Ethiopia through the Middle East to Europe. Its use was banned in the Middle East on numerous occasions as in conflict with Islamic law, but eventually it came to be accepted. The introduction of coffee in Europe from Muslim Turkey also prompted calls for it to be banned as the Devil's work, however Pope Clement VIII sanctioned its use, declaring that it was "so delicious that it would be a pity to let the infidels have exclusive use of it." In late Qing Imperial China, opium imported by the British East Indian Company was vastly consumed by all social classes in Southern China. Between 1821 and 1837 imports of the drug increased five-fold. The Chinese government attempted to end this trade, on public health grounds. The effort was initially successful with the destruction of all British opium stock in May 1839. However to protect this trade, the British declared war on China (First Opium War). China was defeated and the war which ended with the Treaty of Nanking, in which the opium trade is legalised. The resulting trade greatly weakened the Chinese society. The Modern War on DrugsThe next great wave of anti-drug legislation began in the late 19th century, and continues to the present day. The United States have been the driving force in the present war on drugs. The first law outright prohibiting the use of a specific drug was a San Francisco, California ordinance which banned the smoking of opium in opium dens in 1875. The inspiration was "many women and young girls, as well as young men of respectable family, were being induced to visit the Chinese opium-smoking dens, where they were ruined morally and otherwise." The primary cause of the movement for the law was a moral panic based on a fear of Chinese immigrants and other railroad workers seducing white women with the drug. This was followed by other laws throughout the country, and federal laws which barred Chinese people from trafficking in opium. Though the laws affected the use and distribution of opium by Chinese immigrants, no action was taken against the producers of such products as laudanum, a mixture of opium and alcohol, commonly taken as a panacea by white Americans. The dividing line was usually the manner in which the drug was ingested. Chinese immigrants smoked it, while it was included in various kinds of (generally liquid) medicines for white people. The laws were aimed at smoking opium, but not otherwise ingesting it. 1 (http://www.druglibrary.org/schaffer/library/studies/cu/cu6.htm) As a result of this discrepancy, modern commentators believe that these laws were racist in origin and intent. Cocaine was prohibited in the first part of the 20th century. Newspapers used terms like "Negro Cocaine Fiends" and "Cocainized Niggers" to drive up sales, causing a nationwide panic about the rape of white women by black men, high on cocaine. Many police forces changed from a .32 caliber to a .38 caliber pistol because the smaller gun was supposedly unable to kill black men when they were high on cocaine. This was followed by the Harrison Act, which required sellers of opiates and cocaine to get a license (which were usually only distributed to white people). The supporters of the Harrison Act did not support blanket prohibition of the drugs involved 1 (http://www.druglibrary.org/schaffer/library/studies/cu/cu8.html). This is also true of the later Marijuana Tax Act in 1937. Soon, however, the people who were allowed to issue the licenses did not do so, effectively banning the drugs. The American judicial system did not initially accept drug prohibition. Prosecutors argued that possessing drugs was a tax violation, as no legal licenses to sell drugs were in existence; hence, a person possessing drugs must have purchased them from an unlicensed source. After some wrangling, this was accepted as federal jurisdiction under the interstate commerce clause of the U.S. Constitution. 1937 saw the passage of the Marijuana Tax Act. Harry J. Anslinger (Bureau of Narcotics Commissioner) testified in hearings on the subject that the hemp plant needed to be banned because it had a violent "effect on the degenerate races". This specifically referred to Mexican immigrants who had entered the country, seeking jobs during the Great Depression. The law passed quickly and with little debate. The American Medical Association (AMA) protested the law soon after, both on the grounds of actual disagreement with the law and the supporters' lies on the subject; Anslinger and others had claimed the AMA had vocalized support when, in fact, the opposite was true. Lobbying at an international level for the prohibition of non-medical drug use has been a feature of United States policy since the beginnings of the modern War on Drugs in the late 19th century, to such an extent that US support for foreign governments is sometimes contingent on adherence to US drug policy. Major milestones in this campaign include the successful introduction of the United Nations Single Convention on Narcotic Drugs in 1961, the Convention on Psychotropic Substances in 1971 and the Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances in 1988. Arguments for LegalizationJust as the end of alcohol prohibition in 1933 led to immediate decreases in murders and robberies (Wink 111), the legalization of drugs could have similar effects. Robert W. Sweet, a federal judge, strongly agrees: “The present policy of trying to prohibit the use of drugs through the use of criminal law is a mistake” (Riga 53). Ineffective and Costly Drug Law EnforcementCurrent drug law enforcement is costly and ineffective. To begin with, law enforcement officials are spending much tax money on the crusade against drugs (McGrath 124). Steven B. Duke comments that the current drug war costs 9 billion dollars on a federal level, 18 billion dollars on state and local levels, and 10 billion dollars from property losses of crime victims (117). Over 100 billion dollars war spent on the war on drugs from 1980 to 1992 (Duke and Gross 32-33). The National Institute of Drug Abuse reported that in 1990 six million citizens were steady illegal drug users, double the estimate taken in 1980. The expensive drug war has certainly not reduced drug addiction (Riga 53). The government expenses for enforcement for the first ten years of Prohibition was 88 million dollars, or around 773 million in 1993 dollars. The cost was about 22 billion dollars during the Reagan years and about 45 billion during Bush’s four years in office. The government spent 16 billion dollars on drug regulation in FY 1998. In FY 1999 they approved a budget of 17.9 billion dollars (Boaz). Over a fifteen-month period ending in 1987, the Air Force spent 3.3 million dollars trying to stop illicit drugs at U.S. borders. They concluded the term with only eight successful seizures. Similarly, the Cost Guard and Navy spent 40 million dollars and completed the fifteen-month period with only 20 successful seizures of drug-carrying vessels (Wink 108). Steven B. Duke and Albert C. Gross state that more than half of the cost of law enforcement is associated with drug-related crimes (32) and that drug enforcement is not self-sustaining. In 1991 the government’s drug cash and property seizures totaled just one billion dollars; the government spent 12.5 million dollars on drug programs that year. In addition, taxes are high because of the increased police protection (33-34). Not only is the current enforcement costly, but also the great wealth leads to the “corruption of police, judges, and elected officials” (Wink 108). Law enforcement resources are being diverted as well (Cooper). The police are unable to deal with serious threats (Kane 155) because drug arrests and related crimes use up police resource and energy (Duke 116). If drugs are legalized the police will be able to protect society from real criminals. Mary H. Cooper believes that many courts and prisons are overcrowded. The U.S. has a higher imprisonment rate than any other country. “[Forty] states are under court orders for overcrowding” (Duke 116). Drug convictions caused an 80 percent increase in prison population from 1985 to 1995. In 1990, 52.6 percent of prisoners were drug-related criminals, while in 1996, 59.6 percent were drug-related criminals. Violent offenses decreased from 18 percent in 1990 to 12.4 percent in 1996. Property offenses decreased from 14 percent in 1990 to 8.4 percent in 1996. Most drug offenders were non-violent (Boaz). The funds needed to build prisons fast enough for more space is not available. To make room for drug users and dealers, violent criminals are having their sentences shortened or are being paroled early (Duke 116-117). With legalization, more room will be created in existing prisons for dangerous criminals (“Should”). Rise in Tax RevenueIn addition, the legal sale of currently illegal drugs would raise tax revenue (Riga). Legalizing and taxing marijuana would be a huge benefit to the nation’s economy (McGrath 127). The new taxes would be similar to those from gambling and from alcohol (Riga). Current drug tax laws were pioneered in Arizona in 1983. According to the law, dealers stuck stamps on illegal drugs to prove that they had paid the tax. The dealers were assured that buying stamps would not make them criminal targets. North Carolina’s tax department obtained 66 million dollars in fines from dealers without stamps. A total of 63 stamps were sold, three to actual traders and the rest to stamp collectors. Soon after 1983, the laws were adopted by 16 other states, but were later proven to be ineffective (Paulin). Drug prohibition drives the drug problem underground and lets criminals earn money. The government would be able to receive great tax profits if drugs were legalized (“Should”). Reduction in Drug Dealing ProfitsAlso, legalization would reduce the profits of drug dealing. The illegal drug business is very profitable since the price of a product increases when it is made illegal. “Whenever there is a great demand for a product and [the] government makes it illegal, a black market always appears to supply the demand” (“Should”). Yearly drug trafficking earnings average to about 60 billion dollars and range as high as 100 million billion dollars a year (Duke and Gross 33). Marijuana is the largest cash crop in ten states and the second largest cash crop in the U.S., after corn. “Revenues from drug trafficking in Miami, FL., are greater than those from tourism, exports, health care, and all other legitimate businesses combined” (Wink 108). The U.S.’s illegal drug market is one-eighth of the total world market, making it the largest illegal drug market in the world (Rodriguez). Janet Crist of the White House Office of National Drug Policy mentioned that the anti-drug efforts have had “no direct effect on either the price or the availability of cocaine on our streets” (qtd. in Boaz). Additionally, drug dealers show off expensive jewelry and clothing to young kids (Duke and Gross 33). Some of these kids are interested in making fast money instead of working legitimate jobs (Kane 157). Drug legalization would remove the “glamorous Al Capone-type traffickers who are role-models for the young” (Wink 111). Drug Addiction as a Public Health IssueFurthermore, if drugs were legalized, drug addiction would become a health issue, and public health would be enhanced. For one, cleaner drugs would lead to improved health. By selling drugs in state clinics or stores, the government would be able to maintain control over drug sales. Like alcohol, Food and Drug Administration would guaranty purity and safety (Wink 111-113). Steven B. Duke and Albert C. Gross conclude that drug legalization would result in a reduced risk of drug poisoning or overdose. Producers and traffickers currently sell more concentrated, more deadly, and more addictive drugs because they are cheaper and easier to import. Legalization would allow users to use more diluted forms. “If drug purities were standardized and clearly and accurately labeled, the likelihood of a person accidentally overdosing would be much less than it is under the present regime” (37-38). Administration of clean needles would lessen disease transmitted by drug abusers, including AIDS. Pregnant women with drug problems would receive better prenatal care (Duke 116-117). Judge James P. Gray, an advocate of drug legalization, believes that the only way to solve a progressively unsuccessful war on drugs is to decriminalize it and make it a health issue (Luna). Currently, it is difficult for drug users to ask for help or seek treatment because of the criminal status of drugs; drug abuse should be considered a sickness (“Should”). Peter J. Riga believes “it is shameful and irrational that users of cocaine and heroin are labeled criminals and go to jail – with almost no hope of therapy or rehab – while the users of the powerful drug alcohol are considered sick and given therapy.” The government provides very little funding for drug treatment (53), resulting in the abuse of addicted people. New York City imprisons one drug abuser for more than 150 dollars per day, but ignores the need of the user. Convicted addicts without money have to wait at least four months for therapy (Kane 155). Treatment is “available for only about 15 [percent] of the nation’s drug addicts.” Recurrently, judges have to follow mandatory sentencing guidelines when prosecuting drug users. The New York Times mentions that in New York in April 1993, two federal judges were fed up with the guidelines and refused to hear any case that was drug-related (Riga 53). Drugs cannot be used for medical purposes because of prohibition. Cannabis is a Schedule I drug, which means that it has no accepted medical uses. The benefits of its use include easing the pain of terminally ill patients. For chemotherapy and AIDS patients, cannabis increases their appetite and counters nausea. The American Medical Association protested the 1937 Marijuana Tax Act due to its interest in cannabis for medical purposes (McGrath 123+). The Netherlands has made drug use a health problem, not a criminal problem. Because of the country’s decision, treatment for drug addiction is widely available in the Netherlands. In Amsterdam 75 percent of heroin addicts are on treatment living virtually normal lives. “HIV infection rate among injective drug users in cities like Amsterdam has dropped from 11 percent to 4 percent and is now one of the lowest in the world” (Wink 111-113). Crime RatesDrug legalization would also greatly reduce crime rates. Prohibition causes drugs to be extremely costly and addicts are sometimes forced to rob and commit other crimes to support their habits (Currie 60-61). Over half the prisoners in the criminal jails of Harris County, Texas are black. One-third of the prisoners are other minorities. Most of the incarcerated are poor. Peter J. Riga argues that this shows that drug crimes are mostly crimes of poor people because white addicts usually have money to buy drugs (52). Legalizing drugs would price drugs reasonably cheap (Kane 155). Poor addicts would be capable of honest work and would not commit criminal acts to support their habits (“Should”). Due to the high profits of illegal drugs, people are willing to kill. Drug-related homicide rates are increasing (Kane 155). Many fights over drug-selling turf occur when drug dealers kill each other to protect their territory. Innocent people are killed in the crossfire (“Should”). Drug dealers frequently use handguns to enforce contracts and provide protection (Duke 116). Since drug trade is illegal, disputes between dealers over drug-turf or between dealers and consumers cannot be resolved legally or peacefully. Occasionally, addicts are forced to seek out criminally active people in order to buy drugs, thus exposing users to criminal influences (Currie 60-61). In 1973 President Richard M. Nixon created the Drug Enforcement Agency. Since then, “property crime rates have tripled and violent crimes rates had doubled.” When the cost of drugs increases, drugs users commit more crimes in order to obtain money to buy the expensive drugs (Duke 115). Drug prohibition also increases juvenile criminality. Children are often recruited for drug gangs because “they work cheaply and their juvenile status makes them immune to the full force of the law” (Duke and Gross 34-35). Many kids associated with drugs carry guns. In New York City, 60 to 65 percent of teenagers who get into serious trouble carry handguns. Ten years ago, only fifteen percent were carrying guns (Duke 116). Many studies have been conducted concerning the connection between drug addiction and property crime. One such study, conducted by Douglas Anglin and John Ball, shows that the most addicted commit large number of crimes. “Crime rates seem to increase when their heroin use increases and to fall when it declines.” Studied drug addicts in Baltimore committed crime on an average of 255 days per year, during which time they were “actively addicted” to heroin. When they were not actively taking heroin, they only committed crime on 65 days (Currie 61). Pro-Legalization References
Leavitt, Fred. (2003) The REAL Drug Abusers. Rowman & Littlefield. References
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