Today, Sullum and Stimson begin their Dust-Up by comparing
drug decriminalization and legalization. Later in the week, they'll
discuss drug-related violence, federal raids of marijuana
dispensaries and more.
Question: What's the difference between drug legalization and
decriminalization? What are the advantages and disadvantages of
each?
The main disadvantage of "drug legalization" is the implication
that the natural course of things, the default position, is for the
government to dictate which substances people may put into their
bodies. In 1933, when Americans were once again free to
manufacture, buy and sell alcoholic beverages, people did not say
that alcohol had been "legalized"; they said that Prohibition, an
invasive, disastrous attempt to get between people and their
intoxicants, had been repealed.
Americans understood the problems associated with alcohol abuse,
but they also understood the problems associated with Prohibition,
which included violence, organized crime, official corruption, the
erosion of civil liberties, disrespect for the law, and injuries
and deaths caused by tainted black-market booze. They decided that
these unintended side effects far outweighed whatever harm
Prohibition prevented by discouraging drinking. The same sort of
analysis today would show that the harm caused by drug prohibition
far outweighs the harm it prevents, even without taking into
account the value to each individual of being sovereign over his
own body and mind.
The problem is that our current prohibition has been in place for
so long -- more than 90 years, compared with the 13 that the
national alcohol ban lasted -- that people have trouble
distinguishing between the costs of drug use and the costs of drug
prohibition. Hence, they talk about "drug-related violence" when
they should be talking about "prohibition-related violence"; they
treat deaths caused by the unpredictable purity of black-market
intoxicants as an inevitable consequence of drug use; they do not
pause to consider why heroin addicts steal to support their habits
much more often than alcoholics do; and they speak of drug users
subsidizing terrorism, when in fact it's the government that
subsidizes terrorism through the price-support program known as the
war on drugs.
"Decriminalization" does not address any of these problems. As
it's generally understood in this country, decriminalization
amounts to treating users leniently while continuing to arrest,
prosecute and imprison producers and sellers. In the states that
have "decriminalized" marijuana, for example, possession of small
quantities for personal use is generally a citable offense
punishable by a modest fine. That policy is certainly an
improvement over arresting pot smokers and putting them in jail,
but it leaves the black market, with all its attendant problems, in
place. What we call decriminalization is not even as tolerant a
policy as the U.S. had during alcohol prohibition, when mere
possession and consumption of alcoholic beverages, as opposed to
manufacture and distribution, were not subject to punishment at
all.
I also have a problem with the moral justification for
decriminalizing drug use while continuing to imprison people for
drug sales. If drug use is the evil the government is trying to
prevent, why go easy on those who commit the offense but throw the
book at those who merely assist them? Isn't that like punishing
someone who sells a gun to a murderer more severely than the
murderer himself? This inconsistency in the treatment of sellers
versus buyers, which is widely practiced and supported by drug
warriors, is a clue to the fact that the government is trying to
prohibit something it has no business prohibiting.
Jacob Sullum, a senior editor at Reason magazine and a
nationally syndicated columnist, is the author of "Saying Yes: In
Defense of Drug Use."
Jacob,
Two points: First, there is no difference between
decriminalization and legalization. Second, whichever term you want
to use, it's a bad idea.
Heroin, cocaine, methamphetamine and marijuana are illegal because
they are dangerous, addictive, destructive drugs that ruin lives.
You cannot seriously argue that there is no difference between a
person who has a glass of wine with dinner and a person who uses
heroin, coke, meth or marijuana everyday. The wine drinker is,
arguably, improving his health -- if you believe the current
medical literature -- but the drug addict is destroying his mind.
That affects all of us.
Certain laws are necessary for the public good. Keeping dangerous
narcotics illegal is one of them. It is no secret that most
criminals test positive for illegal drugs when they are arrested.
These drugs alter the mind and carry long-term negative
consequences. Defense attorneys, prosecutors, police officers and
judges are not surprised to see the child abuser or domestic
violence defendant test positive for coke or meth. Why? Because
these drugs contribute to and cause erratic, volatile behavior; the
scientific literature is clear on that. So while you say these
people are simply exercising their "sovereignty," their criminal
behavior, often caused by drug abuse, hurts everyone.
An example: I have defended Navy sailors who were charged with
criminal drug offenses. These men didn't just hurt themselves; they
put their fellow sailors' lives in danger, even when they were
"sober," because of the long-term effects of these drugs on their
minds and their performance.
And there is more to the story: When addicts are on a naval
vessel, it weakens our national defense and makes all of us less
safe. Imagine that across our economy: school bus drivers, police
officers, machinery operators and so on. Drug legalization would
only increase the risk that drug users, even during the times when
they are sober, will act erratically or inattentively because their
drug use has warped their minds and dulled their abilities.
Implementing your philosophical theory of radical autonomy, Jacob,
would have disastrous unintended consequences.
From 1982 to 1992, illegal drug use by young adults dropped more
than 50%. Why? In 1982, President Reagan rolled out his national
drug strategy. It consisted of five components: international
cooperation, research, strengthened law enforcement, treatment and
rehabilitation, and prevention and education. Difficult problems
like the scourge of illegal drugs require a comprehensive approach,
not a hands-off one that's simplistic. Why try a dangerous
alternative when we know what works?
Jacob, you are right that drug laws are enforced unevenly, but
that does not mean that we should repeal all drug laws. All
criminal laws (driving under the influence, rape, fraud and so on)
are enforced unevenly across the states. Just because a convicted
rapist in one state serves six years and a rapist in another is not
even charged or gets probation does not mean we should repeal all
rape laws.
And finally, there is the issue of morality, which you artfully
sidestep. As a society, we tolerate certain vices. But there comes
a point where, based on our collective experience, we draw the
line. People who use illegal drugs are more likely to commit
crimes, have children out of wedlock, be depressed, become mentally
unstable and be less productive members of society. A moral and
just society cannot encourage this type of behavior.
A free and healthy society requires as much freedom from
government intervention as possible. It should create conditions
under which members of society can reach their potential. Keeping
dangerous drugs illegal is a reasonable, necessary and common-sense
response to a serious problem.
Cully Stimson, a former prosecutor and defense attorney, is
a senior legal fellow.
First appeared in the Los Angeles Times