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- The following is reprinted from The Pragmatist, August 1988. Some of
- the examples and data are dated, but the arguments are still
- valid.(rbs)
- TWELVE REASONS TO LEGALIZE DRUGS
- There are no panaceas in the world but, for social afflictions,
- legalizing drugs comes possibly as close as any single policy could.
- Removing legal penalties from the production, sale and use of
- "controlled substances" would alleviate at least a dozen of our biggest
- social or political problems.
- With proposals for legalization finally in the public eye, there
- might be a use for some sort of catalog listing the benefits of
- legalization. For advocates, it is an inventory of facts and arguments.
- For opponents, it is a record of the problems they might be helping to
- perpetuate.
- The list is intended both as a resource for those wishing to
- participate in the legalization debate and as a starting point for
- those wishing to get deeper into it.
- Are we ready to stop wringing our hands and start solving problems?
- 1. Legalizing drugs would make our streets and homes safer.
- As Jeffrey Rogers Hummel notes ("Heroin: The Shocking Story," April
- 1988), estimates vary widely for the proportion of violent and property
- crime related to drugs. Forty percent is a midpoint figure. In an
- October 1987 survey by Wharton Econometrics for the U.S. Customs
- Service, the 739 police chiefs responding "blamed drugs for a fifth of
- the murders and rapes, a quarter car thefts, two-fifths of robberies
- and assaults and half the nation's burglaries and thefts."
- The theoretical and statistical links between drugs and crime are
- well established. In a 2 1/2-year study of Detroit crime, Lester P.
- Silverman, former associate director of the National Academy of
- Sciences' Assembly of Behavior and Social Sciences, found that a 10
- percent increase in the price of heroin alone "produced an increase of
- 3.1 percent total property crimes in poor nonwhite neighborhoods."
- Armed robbery jumped 6.4 percent and simple assault by 5.6 percent
- throughout the city.
- The reasons are not difficult to understand. When law enforcement
- restricts the supply of drugs, the price of drugs rises. In 1984, a
- kilogram of cocaine worth $4000 in Colombia sold at wholesale for
- $30,000, and at retail in the United States for some $300,000. At the
- time a Drug Enforcement Administration spokesman noted,
- matter-of-factly, that the wholesale price doubled in six months "due
- to crackdowns on producers and smugglers in Columbia and the U.S."
- There are no statistics indicating the additional number of people
- killed or mugged thanks to the DEA's crackdown on cocaine.
- For heroin the factory-to-retail price differential is even
- greater. According to U.S. News & World report, in 1985 a gram of pure
- heroin in Pakistan cost $5.07, but it sold for $2425 on the street in
- America--nearly a five-hundredfold jump.
- The unhappy consequence is that crime also rises, for at least four
- reasons:
- * Addicts must shell out hundreds of times the cost of goods, so
- they often must turn to crime to finance their habits. The higher the
- price goes, the more they need to steal to buy the same amount.
- * At the same time, those who deal or purchase the stuff find
- themselves carrying extremely valuable goods, and become attractive
- targets for assault.
- * Police officers and others suspected of being informants for law
- enforcement quickly become targets for reprisals.
- * The streets become literally a battleground for "turf" among
- competing dealers, as control over a particular block or intersection
- can net thousands of additional drug dollars per day.
- Conversely, if and when drugs are legalized, their price will
- collapse and so will the sundry drug-related motivations to commit
- crime. Consumers will no longer need to steal to support their habits.
- A packet of cocaine will be as tempting to grab from its owner as a
- pack of cigarettes is today. And drug dealers will be pushed out of
- the retail market by known retailers. When was the last time we saw
- employees of Rite Aid pharmacies shoot it out with Thrift Drugs for a
- corner storefront?
- When drugs become legal, we will be able to sleep in our homes and
- walk the streets more safely. As one letter-writer to the Philadelphia
- Inquirer put it, "law-abiding citizens will be able to enjoy not living
- in fear of assault and burglary."
- 2. It would put an end to prison overcrowding.
- Prison overcrowding is a serious and persistent problem. It makes
- the prison environment, violent and faceless to begin with, even more
- dangerous and dehumanizing.
- According to the 1988 Statistical Abstract of the United States,
- between 1979 and 1985 the number of people in federal and state prisons
- and local jails grew by 57.8 percent, nine time faster than the general
- population.
- Governments at all levels keep building more prisons, but the number
- of prisoners keeps outpacing the capacity to hold them. According to
- the Federal Bureau of Prisons' 1985 Statistical Report, as of September
- 30 of that year federal institutions held 35,959 prisoners-41 percent
- over the rated prison capacity of 25,638. State prisons were 114
- percent of capacity in 1986.
- Of 31,346 sentenced prisoners in federal institutions, those in for
- drug law violations were the largest single category, 9487. (A total of
- 4613 were in prison but not yet sentenced under various charges.)
- Legalizing drugs would immediately relieve the pressure on the
- prison system, since there would no longer be "drug offenders" to
- incarcerate. And, since many drug users would no longer need to commit
- violent or property crime to pay for their habits, there would be fewer
- "real" criminals to house in the first place. Instead of building more
- prisons, we could pocket the money and still be safer.
- Removing the 9487 drug inmates would leave 26,472. Of those, 7200
- were in for assault, burglary, larceny-theft, or robbery. If the
- proportion of such crimes that is related to drugs is 40 percent,
- without drug laws another 2900 persons would never have made it to
- federal prison. The inmates who remained would be left in a less
- cruel, degrading environment. If we repealed the drug laws, we could
- eventually bring the prison population down comfortably below the
- prison's rated capacity.
- 3. Drug legalization would free up police resources to fight crimes
- against people and property.
- The considerable police efforts now expended against drug activity
- and drug-related crime could be redirected toward protecting innocent
- people from those who would still commit crime in the absence of drug
- laws. The police could protect us more effectively, as it could focus
- resources on catching rapists, murderers and the remaining perpetrators
- of crimes against people and property.
- 4. It would unclog the court system.
- If you are accused of a crime, it takes months to bring you to
- trial. Guilty or innocent, you must live with the anxiety of impending
- trial until the trial finally begins. The process is even more
- sluggish for civil proceedings.
- There simply aren't enough judges to handle the skyrocketing
- caseload. Because it would cut crime and eliminate drugs as a type of
- crime, legislation would wipe tens of thousands of cases off the court
- dockets across the continent, permitting the rest to move sooner and
- faster. Prosecutors would have more time to handle each case; judges
- could make more considered opinions.
- Improved efficiency at the lower levels would have a ripple effect
- on higher courts. Better decisions in the lower courts would yield
- fewer grounds for appeals, reduing the caseloads of appeals courts; and
- in any event there would be fewer cases to review in the first place.
- 5. It would reduce official corruption.
- Drug-related police corruption takes one of two major forms.
- Police officers can offer drug dealers protection in their districts
- for a share of the profits (or demand a share under threat of
- exposure). Or they can seize dealer's merchandise for sale themselves.
- Seven current or former Philadelphia police officers were indicted
- May 31 on charges of falsifying records of money and drugs confiscated
- from dealers. During a house search, one man turned over $20,000 he had
- made from marijuana sales, but the officers gave him a "receipt" for
- $1870. Another dealer, reports The Inquirer, "told the grand jury he
- was charged with possession of five pounds of marijuana, although 11
- pounds were found in his house."
- In Miami, 59 officers have been fired or suspended since 1985 for
- suspicion of wrongdoing. The police chief and investigators expect
- the number eventually to approach 100. As The Palm Beach Post
- reported, "That would mean about one in 100 officers on the thousand
- man force will have been tainted by one form of scandal or another."
- Most of the 59 have been accused of trafficking, possessing or
- using illegal drugs. In the biggest single case, 17 officers allegedly
- participated in a ring that stole $15 million worth of cocaine from
- dealers "and even traffic violators."
- What distinguishes the Miami scandal is that "Police are alleged to
- be drug traffickers themselves, not just protectors of criminals who
- are engaged in illegal activities," said The post. According to James
- Frye, a criminologist at American University in Washington, the gravity
- of the situation in Miami today is comparable to Prohibition-era
- Chicago in the 1920s and '30s.
- It is apt comparison. And the problem is not limited to Miami and
- Philadelphia. The astronomical profits from the illegal drug trade
- are a powerful incentive on the part of law enforcement agents to
- partake from the proceeds.
- Legalizing the drug trade outright would eliminate this inducement
- to corruption and help to clean up the police's image. Eliminating
- drug-related corruption cases would further reduce the strain on the
- courts, freeing judges and investigators to handle other cases more
- thoroughly and expeditiously.
- 6. Legalization would save tax money.
- Efforts to interdict the drug traffic alone cost $6.2 billion in
- 1986, according to Wharton Econometrics of Bala Cynwyd, Pa. If we ad
- the cost of trying and incarcerating users, traffickers, and those who
- commit crime to pay for their drugs, the tab runs well above $10
- billion.
- The crisis in inmate housing would disappear, saving taxpayers the
- expense of building more prisons in the future.
- As we've noted above, savings would be redirected toward better
- police protection and speedier judicial service. Or it could be
- converted into savings for taxpayers. Or the federal portion of the
- costs could be applied toward the budget deficit. For a change, it's a
- happy problem to ponder. But it takes legalization to make it
- possible.
- 7. It would cripple organized crime.
- The Mafia (heroin), Jamaican gangs (crack), and the Medellin Cartel
- (cocaine) stand to lose billions in drug profits from legalization.
- On a per-capita basis, members of organized crime, particularly at the
- top, stand to lose the most from legalizing the drug trade.
- The underworld became big business in the United States when
- alcohol was prohibited. Few others would risk setting up the
- distribution networks, bribing officials or having to shoot up a
- policeman or competitor once in a while. When alcohol was
- re-legalized, reputable manufacturers took over. The risk and the high
- profits went out of the alcohol trade. Even if they wanted to keep
- control over it, the gangsters could not have targeted every
- manufacturer and every beer store.
- The profits from illegal alcohol were minuscule compared to the
- yield from today's illegal drugs. They are the underworld's last
- great, greatest, source of illegal income--dwarfing anything to be made
- fromgambling, prostitution or other vice.
- Legalizing drugs would knock out this huge prop from under organized
- crime. Smugglers and pushers would have to go aboveboard or go out of
- business. There simply wouldn't be enough other criminal endeavors to
- employ them all.
- If we are concerned about the influence of organized crime on
- government, industry and our own personal safety, we could strike no
- single more damaging blow against today's gangsters than to legalize
- drugs.
- 8. Legal drugs would be safer. Legalization is a consumer protection
- issue.
- Because it is illegal, the drug trade today lacks many of the
- consumer safety features common to other markets: instruction sheets,
- warning labels, product quality control, manufacturer accountability.
- Driving it underground makes any product, including drugs, more
- dangerous than it needs to be.
- Nobody denies that currently illegal drugs can be dangerous. But so
- can aspirin, countless other over-the-counter drugs and common
- household items; yet the proven hazards of matches, modeling glue and
- lawn mowers are not used as reasons to make them all illegal.
- Practically anything can kill if used in certain ways. Like heroin,
- salt can make you sick or dead if you take enough of it. The point is
- to learn what the threshold is, and to keep below it. That many things
- can kill is not a reason to prohibit them all--it is a reason to find
- out how to handle products to provide the desired action safely. The
- same goes for drugs.
- Today's drug consumer literally doesn't know what he's buying. The
- stuff is so valuable that sellers have an incentive to "cut" (dilute)
- the product with foreign substances that look like the real thing.
- Most street heroin is only 3 to 6 percent pure; street cocaine, 10 to
- 15 percent.
- Since purity varies greatly, consumers can never be really sure how
- much to take to produce the desired effects. If you're used to 3
- percent heroin and take a 5 percent dose, suddenly you've nearly
- doubled your intake.
- Manufacturers offering drugs on the open market would face different
- incentives than pushers. They rely on name-brand recognition to build
- market share, and on customer loyalty to maintain it. There would be
- a powerful incentive to provide a product of uniform quality: killing
- customers or losing them to competitors is not a proven way to
- success. Today, dealers can make so much off a single sale that the
- incentive to cultivate a clientele is weak. In fact, police persecution
- makes it imperative to move on, damn the customers.
- Pushers don't provide labels or instructions, let alone mailing
- addresses. The illegal nature of the business makes such things
- unnecessary or dangerous to the enterprise. After legalization,
- pharmaceutical companies could safely try to win each other's
- customers--or guard against liability suits--with better information
- and more reliable products.
- Even pure heroin on the open market would be safer than today's
- impure drugs. As long as customers know what they're getting and what
- it does, they can adjust their dosages to obtain the intended effect
- safely.
- Information is the best protection against the potential hazards of
- drugs or any other product. Legalizing drugs would promote consumer
- health and safety.
- 9. Legalization would help stem the spread of AIDS and other
- diseases.
- As D.R. Blackmon notes ("Moral Deaths," June 1988), drug
- prohibition has helped propagate AIDS among intravenous drug users.
- Because IV drug users utilize hypodermic needles to inject heroin
- and other narcotics, access to needles is restricted. The dearth of
- needles leads users to share them. If one IV user has infected blood
- and some enters the needle as it is pulled out, the next user may shoot
- the infectious agent directly into his own bloodstream.
- Before the AIDS epidemic, this process was already known to spread
- other diseases, principally hepatitis B. Legalizing drugs would
- eliminate the motivation to restrict the sale of hypodermic needles.
- With needles cheap and freely available, the drug users would have
- little need to share them and risk acquiring someone else's virus.
- Despite the pain and mess involved, injection became popular
- because, as The Washington Times put it, "that's the way to get the
- biggest, longest high for the money." Inexpensive, legal heroin, on
- the other hand, would enable customers to get the same effect (using a
- greater amount) from more hygienic methods such as smoking or
- swallowing--cutting further into the use of needles and further slowing
- the spread of AIDS.
- 10. Legalization would halt the erosion of other personal liberties.
- Hundreds of governments and corporations have used the alleged
- costs of drugs to begin testing their employees for drugs.
- Pennsylvania Rep. Robert Walker has embarked on a crusade to withhold
- the federal money carrot from any company or agency that doesn't
- guarantee a "drug-free workplace."
- The federal government has pressured foreign countries to grant
- access to bank records so it can check for "laundered" drug money.
- Because drug dealers handle lots of cash, domestic banks are now
- required to report cash deposits over $10,000 to the Internal Revenue
- Service for evidence of illicit profit.
- The concerns (excesses?) that led to all of these would disappear
- ipso facto with drg legalization. Before drugs became big business,
- investors could put their money in secure banks abroad without fear of
- harassment. Mom-and-pop stores could deposit their cash receipts
- unafraid that they might look like criminals.
- Nobody makes a test for urine levels of sugar or caffeine a
- requirement for employment or grounds for dismissal. However, were
- they declared illegal these would certainly become a lot riskier to
- use, and hence a possible target for testing "for the sake of our
- employees." Legalizing today's illegal drugs would make them safer,
- deflating the drive to test for drug use.
- 11. It would stabilize foreign countries and make them safer to live
- in and travel to.
- The connection between drug traffickers and and guerrilla groups is
- fairly well documented (see "One More Reason," August 1987). South
- American revolutionaries have developed a symbiotic relationship with
- with coca growers and smugglers: the guerrillas protect the growers
- and smugglers in echange for cash to finance their subversive
- activities. in Peru, competing guerrilla groups, the Shining Path and
- the Tupac Amaru, fight for the lucrative right to represent coca
- farmers before drug traffickers.
- Traffickers themselves are well prepared to defend their crops
- against intruding government forces. A Peruvian military helicopter
- was destroyed with bazooka fire in March, 1987, and 23 police officers
- were killed. The following June, drug dealers attacked a camp of
- national guardsmen in Venezuela, killing 13.
- In Colombia, scores of police officers, more than 20 judges, two
- newspaper editors, the attorney general and the justice minister have
- been killed in that country's war against cocaine traffickers. Two
- supreme court justices, including the court president, have resigned
- following death threats. The Palace of Justice was sacked in 1985 as
- guerrillas destroyed the records of dozens of drug dealers.
- "This looks like Beirut," said the mayor of Medellin, Colombia,
- after a bomb ripped apart a city block where the reputed head of the
- Medellin Cartel lives. It "is a waning of where the madness of the
- violence that afflicts us can bring us."
- Legalizing the international drug trade would affect organized
- crime and subversion abroad much as it would in the United States. A
- major source for guerrilla funding would disappear. So would the
- motive for kidnapping or assassinating officials and private
- individuals. As in the United States, ordinary Colombians and
- Peruvians once again could walk the streets and travel the roads
- without fear of drug-related violence. Countries would no longer be
- paralyzed by smugglers.
- 12. Legalization would repair U.S. relations with other countries and
- curtail anti-American sentiment around the world.
- a. When Honduran authorities spirited away alleged drug lord Juan
- Matta Ballesteros and had him extradited to the United States in April,
- Hondurans rioted in the streets and demonstrated for days at the U.S.
- embassy in Tegucigulpa.
- The action violated Honduras's constitution, which prohibits
- extradition. Regardless of what Matta may have done, many Hondurans
- viewed the episode as a flagrant violation of their little country's
- laws, just to satisfy the wishes of the colossus up North.
- b. When the U.S. government, in July 1986, sent Army troops and
- helicopters to raid cocaine factories in Bolivia, Bolivians were
- outraged. The constitution "has been trampled," said the president of
- Bolivia's House of Representatives. The country's constitution
- requires congressional approval for any foreign military presence.
- c. One thousand coca growers marched through the capital, La Paz,
- chanting "Death to the United States" and "Up with Coca" last May in
- protest over a U.S.-sponsored bill to prohibit most coca production.
- In late June, 5000 angry farmers overran a U.S. Drug Enforcement
- Administration jungle base, demanding the 40 American soldiers and
- drug agents there leave immediately.
- U.S. pressure on foreign governments to fight their domestic drug
- industries has clearly reinforced the image of America as an
- imperialist bully, blithely indifferent to the concerns of other
- peoples. To Bolivian coca farmers, the U.S. government is not a beacon
- of freedom, but a threat to their livelihoods. To many Hondurans it
- seems that their government will ignore its own constitution on request
- from Uncle Sam. Leftists exploit such episodes to fan nationalistic
- sentiment to promote their agendas.
- Legalizing the drug trade would remove some of the reasons to hate
- America and deprive local politicians of the chance to exploit them.
- The U.S. would have a new opportunity to repair its reputation in an
- atmosphere of mutual respect.
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