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UK: Frances Cairncross: Why we should legalise all drugs

Frances Cairncross

The Independent

Tuesday 31 Jul 2001

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One of the curious things about Prohibition, the ban on the sale of alcohol
that lasted from 1920 to 1933 in the United States, was the speed with
which it came to an end. At the 1928 presidential election, there was solid
popular support for the ban. Four years later, it had evaporated. Looking
at the mixed signals about illegal drugs from politicians and the media,
one might imagine that we are at a similar tipping point, at least where
cannabis is concerned.

A straw: Canada has just become the first country in the world to legalise
the use of marijuana for people suffering from chronic or terminal illness.
Because the sale of the drug remains illegal (it is prohibited under a 1988
UN convention), the government is in the bizarre position of awarding a
contract to a company to farm marijuana for medical use in a disused copper
mine in Saskatchewan. In the US, a dozen or so states have referendums on
the stocks to permit a softer approach to possession of marijuana. In
Britain, police in Brixton are experimentally no longer arresting people
caught possessing small amounts of cannabis.

All this is part of a realisation that cannabis and marijuana, its herbal
form, are already very widely used. About 40 per cent of young adults in
Britain have tried cannabis, and 25 per cent of all adults. No longer is
this the pastime of a small minority. Paul Hayes, a senior British
probation officer who has recently become head of the Government's new
drug-treatment agency, notes that for many social groupings the use of
cannabis has become more or less normal behaviour. "The last time anyone
offered it to me was after a primary-school parent-teacher association
disco, in the home of a rotary Club member, and the person was a
detective-sergeant in the Metropolitan Police," he says. "If that's not
normalisation, I don't know what is." Wisely, he refused.

I talked to Mr Hayes in the course of researching the articles on illegal
drugs that appear in the current issue of The Economist. I set out to write
them with a genuinely open mind: although the magazine has backed drug
legalisation for more than a decade, I had not previously done a
comprehensive study of the case for and against. After visiting the US,
Mexico, Switzerland and the Netherlands, I came to the conclusion that the
proper policy for governments was to think through a coherent approach to
legalisation - to cannabis in the first instance, and then gradually to all
other drugs. Outrageous though such a policy might sound, it would
ultimately cause less social harm than the present ban does.

Legalisation, it should be said at once, would not be harm-free. For simple
agricultural and chemical products, illegal drugs are hugely expensive by
the time they reach the street dealer. This mainly reflects the enormous
risks involved in growing, transporting and selling them. Remove these
risks and the price would fall. Of course, taxes could push the price part
of the way back up, as with cigarettes and alcohol - and it would be a good
thing if the money went to government rather than to gangsters. But if the
tax were too high, a new black market would spring up.

Accompanying the fall in the price would be greater availability (no more
mouth-to-mouth transactions with sinister figures in Soho) and more social
acceptability. The result would be a rise in drug use, and therefore a rise
in the number of people who became dependent on drugs. Moreover, some of
these users would suffer physical harm. Drugs seem to have lasting (but
badly understood) effects on health, and some, used incompetently, can
kill. All this is true for alcohol and nicotine - but it is understandable
that voters and politicians hesitate to increase the list of harmful
substances that are legally available.

One argument for doing so is philosophical. The philosopher John Stuart
Mill believed that the state had no right to intervene to stop individuals
doing something that harmed them, if they thereby did no harm to anyone
else. "Over himself, over his own body and mind, the individual is
sovereign," pronounced Mill. He accepted that some social groups, mainly
children, required special protection. And some people argue that
drug-takers are also a special class: once addicted, they can no longer
make rational choices about whether to harm themselves. Yet society has
rejected this argument, notably in the case of nicotine, which kills
proportionately more of its users than heroin does its, and which appears
to have greater addictive power.

Another argument for legalisation is pragmatic. Drug bans cause enormous
harms; and removing them would bring considerable benefits. The harms fall
especially on poor countries, and on poor people in rich countries. In
developing countries that produce and trade drugs, like Colombia, Mexico
and Jamaica (where Tony Blair has just been offering assistance to the
police), the trade finances gangs with the money to corrupt police and
political institutions. Spraying land to kill crops of coca and opium
poisons the land and local people. And drug production encourages local
consumption, which (in the case of heroin) helps to spread HIV/Aids.

In rich countries, it is mainly the poor who get picked up by the police
for dealing and possessing. The poor suffer most in the US, where a quarter
of all prisoners are locked up for drug offences, mainly non-violent.
Moreover, a report from the Sentencing Project, a criminal-justice lobby in
the US, find that blacks suffer far more than whites: blacks account for 13
per cent of monthly drug users, 35 per cent of those arrested for drug
possession, 55 per cent of those convicted; and 74 per cent of those
sentenced to prison. In Britain, too, the poor and the non-white are more
likely to be jailed for trading in or possessing drugs. The lowliest
pushers, at the end of the distribution chain, are the people most likely
to be out on the street, rather than safely in a car with a mobile phone.

Not only would these harms diminish if drugs were legal. More important,
drugs could be regulated. Precisely because the drug market is illicit,
governments cannot set rules that discriminate between availability to
adults and to children. They cannot set quality standards, or warn asthma
sufferers that it is dangerous to combine ecstasy with using an inhaler, or
insist that distributors take responsibility for the way their products are
sold. In the case of alcohol and tobacco, such restrictions are possible,
and are largely self-policing: no big tobacco or alcohol company wants to
be seen to break the law. In the case of drugs, restrictions are
impossible, and only the police try to regulate the flow.

This absence of regulation increases the danger of drug-taking to young and
incompetent users. A lot of them dabble anyway: 16 per cent of young adults
in Britain admit to having tried amphetamines, and 8 per cent to having
taken ecstasy. Illegality also puts a premium on strength: it makes more
sense to sell drugs in concentrated form. In the same way, during
Prohibition, consumption of beer fell, but spirits drinking increased.

How, if drugs were legal, would they be distributed? For the answer, look
at the different channels through which legal drugs are distributed today.
Caffeine is for sale on any street corner; to buy alcohol, you need proof
of age; for Valium, you need a doctor's prescription. Different countries
would seek different solutions. Indeed, that is already starting to happen.
While Canada starts farming pot in unused mines, the Swiss are debating a
proposal to allow farmers to grow cannabis, provided it is sold only to
Swiss buyers. A commodity market for opium poppies may be far off into the
future, but a common agricultural policy for cannabis? Soon, perhaps, no
longer merely a druggy's dream.

 

 

 

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