Pubdate: Wed, 17 Apr 2002 Source: Halifax Herald (CN NS) Copyright: 2002 The Halifax Herald Limited Contact: http://www.herald.ns.ca/ Details: http://www.mapinc.org/media/180 Author: Bill Cox ILLEGAL DRUGS: TO BAN OR NOT TO BAN? THE GLOBAL illegal drug industry is an octopus-like cancer that penetrates to the hearts of its victims. We don't understand why people turn to drugs with such disastrous results. If only its customers could be weaned away and new victims discouraged, the vile industry would wither on the vine. The main attacks against this terrible curse have been against drug producers and suppliers. It may be time to shift the emphasis to the customers. There is growing interest in legalizing illegal drugs, and suprising progress in banning tobacco. Yet most governments still use methods that make the cure worse than the disease. Some 80 years ago, the United States prohibited the sale of alcohol, but allowed possession of it for home use. That 13-year unenforceable policy showed how a ban can distort and corrupt law enforcement, encourage the emergence of gangs and gang wars and the spread of crime, endanger civil liberties and frustrate public health by making it impossible to regulate the quality of a widely consumed product. Current drug wars have achieved all of these on a global scale. Change, if it comes, will begin slowly. Governments find it hard to liberalize their approach to drugs. Any politician who advocates it runs the risk of being "smeared" as favouring the taking of drugs. Similar dilemmas once held true for homosexuality, divorce and abortion; yet on all three, the law and public opinion have shifted. Opinion on drugs is now shifting. Perhaps the United States' experience with "prohibition" may be repeated with drugs. At the time of the 1928 American election, prohibition enjoyed solid support; four years later, the public mood had swung to overwhelming rejection of prohibition. Once started, change often moves swiftly. First, move slowly but firmly to dismantle the draconian edifice of enforcement. Start with the possession and sale of cannabis and amphetamines and experiment with various strategies, with tough bans on advertising and with full legal liability for any consequent health risk. Then move on to hard drugs sold through licensed outlets that might be pharmacies or even mail-order distributors. After all, that is how growing numbers of people get prescription drugs. Removing the ban on possession would make it easier to regulate drug quality, to treat health effects for overuse and to punish drug users only if they commit crimes against people or property. Governments allow their citizens the freedom to do many potentially self-destructive things: to go bungee jumping, to ride motorcycles and ATVs, to own guns, to drink alcohol and smoke cigarettes. Most of these are more dangerous to the individual than drug taking. Should the ultimate goal of reform be to put now-illegal drugs on a par with alcohol and tobacco? That would mean legalizing both possession and trading. It makes no sense to legalize one and not the other. There must be restrictions on access to the most vicious drugs that reflect their inherent dangers, and insistence on continuous quality controls. Many people understandably recoil at such a prospect. Doubtless, legalizing drugs would increase the number of people who take them, whatever restrictions would be applied. It's hard to make them "hole-proof" and it would give rise to extremely difficult distribution problems. Prices would be much lower and access to drugs would be easier, but there is no reason quality could not be guaranteed. The social stigma against use of drugs would diminish and commercialization would encourage extended usage. In no time, the market would be backed by political contributions, just as those for alcohol and tobacco have been for so long. There is also a fear that anything available to adults will be available to children. Drugs might come to be used as widely as alcohol. These are extremely disturbing possibilities, but they may become realistic expectations. Legalization would redistribute the harm caused by drugs. Poor people would, on balance, be better off, even if more of them used drugs, if they were no longer imprisoned repeatedly for use or possession of drugs. No one is able to predict with confidence that any or all of these fears would materialize. But there is a dark cloud of uncertainty hanging over us, creating a very difficult situation in which to formulate and put in place any kind of long-term policy. Nobody knows with certainty what drives the demand for drugs. Fashions come and fashions go, and the use of illegal drugs fluctuates, not always proportionately to enforcement enthusiasm. Drug usage is very sensitive to social trends such as crime, unmarried motherhood, broken families, parent absence or neglect, decline of religious observances, failure to accept personal responsibility and the "me first" self-indulgent society. These create a need for "pacifiers" for relief from social stress. Drugs often fill that role. An even bigger question is: Can our self-satisfaction society survive or is it already on the slippery slope of self-destruction as we slide deeper into the consuming bog of individual self-preservation and satisfaction, deaf to the inescapable truism that to enjoy any right, you must accept and discharge the accompanying responsibility? Nothing is really free. There will always be someone who must pay. Drugs are basically problems for individuals. They can best be solved by individuals supported by other individuals. That is where we may find the answers that have eluded us for so long. But it won't be easy and the war won't be short. Bill Cox, QC, lives in Halifax. - --- MAP posted-by: Larry Stevens