‘History
repeats itself’ we are told, ‘The first
time as tragedy the second time as farce’.
Not
always. In the case of prohibition and criminalisation of alcohol and drugs the
second time is also tragedy, and yet when considering the massive problem of
drugs in the US and Europe, our leaders seem incapable of applying the lessons
of the first to the debate on the second.
The
notion that alcohol should be prohibited seems absurd today. But prohibition in
the US lasted for 13 years and did untold damage to the fabric of society the
consequences of which remain with us today.
Peter
Mc Williams in ‘Ain’t nobody’s business if you do’ sets out the damaging
effects of this crackpot measure.
First
up, it created widespread disrespect for the law by making a crime out of
something that was not a crime. Almost every broke the law, bringing the law
itself into contempt.
It
diminished respect for organised religion on account of the fact that religiosi
were the driving force behind prohibition, believing that alcohol was a source
of society’s ills and God would bless America if booze was banned.
Instead,
prohibition led to more drinking, not less. It created organised crime that is
with us today, exemplified by the Mafia. It caused political corruption on a
massive scale, from which the polity of the US has never fully recovered.
Bootlegging
massive quantities of the alcohol demanded created its own industry, requiring
significant organisational and managerial skills. The gang boss became a figure
of folklore. People like Lucky Luciano, the head of Cosa Nostra, became almost
Robin Hood-style folk heroes and created a front of respectability by investing
massively in legitimate business, as do the drugs gangs today. They followed
the simple business principle of that where there is demand there must be
supply.
They
also used their money to buy influence. Politicians and the police were
routinely bribed and then blackmailed. If a person in a powerful position
refused to be corrupted, h was either
‘wiped out’ or was opposed at the next election by a gang ‘plant’ with a bottomless
campaign fund. They stuffed ballot-boxes and smeared the incumbent.
It
had the effect of criminalising just about everybody who drank alcohol. Vast
amounts of police and courts time was taken up with prohibition cases. Even
prosecuting a tiny minority of offenders overburdened the whole system of law
enforcement.
Hundreds
of thousands of people whose work was alcohol-related lost their jobs. Often
they had no option but to stay in the business i.e to become a criminal. And
because alcohol was no longer regulated there were serious public health
consequences. Over 10,000 people died from drinking ‘moonshine’ – wood alcohol,
while others went blind.
And
at the end of the day not only was prohibition an all-round disaster but a
complete failure; by the end of
prohibition alcohol consumption was actually higher, mainly because of a switch
to hard liquor which was easier to
conceal and transport.
The
lesson that has not been learned is that Governments have no business
legislating for morality, and if they try they will fail.
Now
we have gone down the same path with the war on drugs. Except that Prohibition
is a mere footnote in history compared with the calamity that this ‘war on
drugs’ has created. This was initiated by President Nixon about 45 years ago.
It is a war without end because it is unwinnable.
The Global Commission on Drug Policy
declared: "The global war on drugs has failed, with devastating
consequences for individuals and societies around the world. Fifty years after
the initiation of the UN Single Convention on Narcotic
Drugs, and years after President Nixon launched the US government's
war on drugs, fundamental reforms in national and global drug control policies
are urgently needed."[
The Mafia gangs of Prohibition have metamorphosed into
major enterprises on an international scale. Their obscene profits are easily
laundered into conventional investments. The world value of the drugs trade is
estimated at around $300 billion.
The hard economic fact is that governments cannot
eliminate a market by legislation when there
is a constant demand. Prohibition and criminalization simply raises
costs and thus price. The trade is driven underground into a black market that
has baleful effects.
They cause violence
because disputes have to be resolved with guns instead of courts.
Corruption is inherent because the trade generates such vast amounts of money
that bribery becomes a normal business practice.
There is little quality control – who would police it?
So there is no inhibition on contaminated products that cause poisoning and
accidental overdoses.
The absurdity of the whole ‘war on drugs’ concept is
illustrated by the way cannabis is treated.
It was not included in the Dangerous Drugs Act 1920.
It slipped into the 1928 Act without any scientific evidence, debate or
discussion, apparently being conflated with cocaine leaves. It was pretty well
unknown in the UK, but it was something used by fuzzy-wuzzies so must be bad!
Years passed before there was the slightest attempt at scientific justification
for the ban.
It has probably about the same risk-level as tobacco.
Walking through Kingston Jamaica one morning I lit up a cigarette and coughed.
A loafer squatting on the sidewalk with
an enormous spliff called out ‘Yo stick to de weed. Dat bacca kill yo’. He had
a point. Tobacco, long term, is likely to result in lung cancer; with ganga you
just go bonkers. It is the most used recreational drug
Criminalization creates its own health risks; it
raises prices which in turn encourages
drugs with dangerous impurities, heroin users are encouraged to inject
because this gives a bigger buzz. Users often share needles which can transmit HIV, hepatitis C
and other blood-borne diseases. It leads to racial profiling that jails many
more blacks than whites although the pattern of usage is similar. It leads to
violence and corruption in entire countries from which drugs originate – Mexico
and Colombia. The Taliban is reckoned to be heavily financed through the poppy
trade.
Now no less than the WHO is calling for
decriminalization.
The solution would seem to be regulation rather than
prohibition. The US states that have decriminalized cannabis have collected a
vast sum in taxes, eliminated pushers, and ceased jailing (mostly) blacks for
possession.
An extraordinary amount of crime is drugs-related. In
the US, about a quarter of prisoners committed their crimes to get drugs money.
Drugs also feature in murder, rape and violent crimes. The amount of time and
resources used by the police and courts is disproportionate; most of the ‘stop
and search’ operations are for suspected
possession.
‘Decriminalization’ does not mean ‘legalization’. It might consist of such elements as labels with dosage and medical warnings like
prescription drugs, no advertising, age limitations as with tobacco and alcohol, restrictions on amount
purchased at any one time, special user licenses to purchase particular drugs.
Dealing would continue to be a
serious offence and sales would be permitted only at licensed premises or on
prescription on particular cases.
When arrested for another
offence, such as drunken driving, which reveals drug-taking the person detained
would be subject to drugs testing and if
found positive required to attend clinics and counselling.
Portugal has gone down a
similar road since 2001. Then it had an epidemic of HIV from contaminated
needles. Now the health hazards have been greatly reduced, as indeed, has drug
consumption. Crime has dropped and there have been large benefits to the public
purse in no longer having to spend so much time on law enforcement.
But such radical change is
certain to cause an outcry from the ‘if it’s not compulsory it should be forbidden’
tendency, so our politicians would have
to exercise considerable leadership, stamina and moral courage.
So nothing will be done.