-Caveat Lector-

From
http://argument.independent.co.uk/commentators/story.jsp?story=8
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Frances Cairncross: Why we should legalise all drugs
'A policy of legalisation might sound outrageous, but it would
ultimately cause less social harm than the present ban'
31 July 2001
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 t
his 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 po
licy 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 ca
use 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 enormou
s 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 go
od 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 r
ise 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 k
ill. 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 el
se. "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 a
lso 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 i
ts 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 de
veloping 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 politica
l 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. Mo
reover, 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 adult
s 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 impossib
le, 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 havi
ng 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.
Frances Cairncross is Management Editor of 'The Economist'. 'The
Case for Legalising Drugs' is in the magazine's current issue

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