Comparisons of the modern drug war with Prohibition (1920-1933) can be a drug warrior’s worst nightmare because, when they are effectively and accurately applied, they become very convincing arguments that render any and all possible defenses of modern drug prohibition baseless and vulnerable.
Never mind whether or not Prohibition reduced alcohol use, there is no way to tell anyway because, just like it is with the modern "drug war," nobody knew who was selling what to whom, or for how much. The Prohibition era statistic that matters most is the murder rate, which began to climb steadily with the ratification of the 18th Amendment in 1920, and did not begin to fall again until several years after the ratification of the 21st Amendment in 1933.
Ask a drug warrior to describe the difference between Al Capone and Pablo Escobar and see how he or she changes the subject, dismisses the question as irrelevant, or tries to dance around the obvious similarities with arbitrary rhetoric about "nowadays."
Try to avoid using the words "legalize" and "decriminalize" as not only have these terms become propagandized, they never really made any logical sense at all because the solution is not to "legalize" illegal drugs, but rather to regulate unregulated drugs.
Advocates of drug policy reform — whom prohibitionists sometimes refer to as "drug legalizers" — understand the true intent behind those words, but the larger society has been well-trained to equate them with chaos and anarchy.
A large, but shrinking, majority still believes that drug prohibition acts as a deterrent to the black market. In order to dispel this drug war myth that is so deeply ingrained into the public sentiment, reformers will need to clearly demonstrate how drug prohibition created and continues to enable the black market.
Simply demonizing the black market is not enough; prohibitionists already do that when they defend the drug war as "the solution" to it when the fact of the matter is that the black market in unregulated drugs became a low-risk, high profit business because of — not in spite of — the "war on drugs."
Drug prohibition prevents the regulation of the drug business, but not the manufacture, sale and use of drugs. No authority or agency really knows who is selling what to whom, where they are selling it, or for how much.
Prohibitionist policies have never produced results that justify their cost to taxpayers, but they did create and continue to support a wealthy class of tax-exempt black market profiteers.
- The black market drug business thrives without taxes, regulations or restrictions.
- The black market considers interdiction mere "spillage," which can be easily minimized by producing and moving more product. (And so what if quality and purity might suffer in the process? It is not as if any recalls would be imposed.)
- The black market does not have to comply with any labeling or packaging requirements. Unregulated drugs usually come packaged in plain plastic bags, but millions of people buy them anyway.
- The black market is not subject to zoning restrictions or licensing or regulatory inspections.
- Black market businesses do not collect sales taxes or pay income or property taxes.
- Black market drug dealers sell drugs to anyone, regardless of age, making it easier for kids to buy drugs.
The black market drug business has no consumer advocacy agencies or fair business practice and pricing associations. Black market drug dealers, growers, manufacturers, and consumers who have grievances cannot go to a court of law to settle their differences or turn to law enforcement in the event of theft or fraud, so they settle their disputes with violence, which is the primary reason why we must regulate these currently unregulated drugs.
Article comments
— go to most recent comments1 - Bliffle
Pot laws ought to be the same as beer laws.
2 - J - The Son of Liberty
Very well written and thought out article my friend. I will surely use a ton of this material when I talk about the regulation of drugs and the destruction of the black market.
Nice to see someone take it deeper than either "drugs are bad mkay" or "Just make it all legal dude"
J
3 - palmspringsbum
Absolutely excellent!
Thank you.
4 - allan
Thank you Margaret. I've felt so alone for so long on this "debate"... and you say it so well!
5 - gonzo marx
as always..a wonderful Read....
thanks again Margaret...
/golfclap
Excelsior?
6 - Peter J
Great read,
I was expecting another "besides, hemp makes really strong rope" article. What I got was an argument which would be impossible to attack intelligently and successfully. I doubt that you would find a prohibitionist who would be willing to stand in a judged debate against you.
I often wonder, in light of the failed alcohol prohibition, how such a critical situation has been ignored for some fourty odd years by a so-called intelligent society. Our society is suffering a loss of lives, a loss of freedom, not to mention the many more problems inluding taxpayers footing the bill for the millions who are and have been incarcerated or the lives of the people who are jailed on a non-violent crime of possession only to re-enter society as a hardened criminal who will have a very difficult time re-acclimating without falling back into a life of crime. The number of books written on the benefits of regulating attest to the validity of the call for regulation.
The problem as I see it is that the people who actually provide marijuana are also the extremely well to do, people who make extremely large donations to political interests who make sure that no de-regulation acts make it to court.
I don't think that the "brother" on the corner is laying down a hundred million dollars for a cargo hold full of reefer. There could be no other reason for the lack of interest on the court level for regulation as there is rarely a legitimate moral cause against any problem in society, rather morality is a diversion from the political aspects.
7 - Brian aka Guppusmaximus
Nice Article... But,I do have one question, When does legalizing ANY drug make it easy to handle the problems they cause? I guess the next step would be to legalize Heroin, right? Oh, but wait... Your answer to that would be the same as the alcohol supporters!
"It’s the two-percenters who get all the attention"
Two percent of how many? We should just have that approach with all drugs because you think the government is gonna have any more control over Marijuana? You think it's alright that 2% of the population is a "Good enough for you" casualty?
I firmly agree that turning our heads and using the addage that "Drugs are bad" is a poor solution to such a huge problem but when we still and probably always have people in this country that are just concerned with themselves and how they can get high or drunk to deal with their lives, then how is keeping or making anything legal a true solution? We won't have to foot the bill for prisons? I guess we could foot the bill for drug education...
8 - Dave Nalle
Nice Article... But,I do have one question, When does legalizing ANY drug make it easy to handle the problems they cause?
Because users can go to get help without exposing themselves to criminal prosecution, which means that more will seek help with their addiction and medical treatment for related problems like HIV infection and Hepatitis. Legalization also shuts down the organized crime which currently operates drug distribution, as well as allowing the government to regulate and tax the drugs.
I guess the next step would be to legalize Heroin, right?
Absolutely. Legalizing heroin is even more important from a public health standpoint. We should seriously consider legalizing all user-possession of drugs. Drug use is a victimless crime and there's no moral justification for prohibition.
Dave
9 - Howard Dratch
Excellent, truthful and well-organized!
You and Dave are right that legalization implies some control and opens the way for more effective solutions to real problems - like AIDS. It includes legalizing syringes (what level of un-civilization forces people into using dirty needles?) and would allow research on and use of medical marijuana.
It would also keep DEA cops out of medical professionals' practices. Cops have no business in the doctor-patient relationship.
10 - Brian aka Guppusmaximus
"Because users can go to get help without exposing themselves to criminal prosecution.."
Hmmm... I thought Marijuana usage wasn't addictive?Or that it has such great withdrawals!! If, the medical & enviromental advantages outweigh the risks than why would moderate users need medical attention? I mean it's only the "Two Percenters" who would have this issue...right?
As for Heroin, when did the cops bust people at Methadone(?) Clinics?
Honestly Dave, it still comes down to personal responsibility and it's a sad day when people think the government is responsible to shut down organized crime. That leads me to another point... If it's just the Two Percenter's that cause the problems than that doesn't point towards the Black Market, now does it?
"for the benefits of the long-established retail drug trade far outweigh any possible risks to those who are born into circumstances of limited opportunity."
Really? Are you running for office? That statement is way too generic!! What does this imply? That people who have low income couldn't possibly get hooked because it now has a surgeon general's warning...LOL!!
OR Perhaps you mean that breaking the law is limited to those who have low income and that legalizing drugs would propose a society that would be use to buying them in the stores?
Maybe you should tell that to the Pharmacies that get robbed of Oxy Contin!!
I understand your point that legalizing drugs would take away the incentive to make mad cash but how would you continue the process? Include the people who have been doing it for such a long time? Do you think that they would lower their prices for services rendered because now it's allowed to be bought in CVS?? Wait... Legalizing it would mean that now the shady bars get even shadier because people would be shootin up and blowin smoke in my face while I sip on a pint?!? While were at it... Why not get rid of the ban on smoking in public places, because we all know it's all about what you want to do with your own body!!
11 - JR
Brian aka Guppusmaximus: it still comes down to personal responsibility and it's a sad day when people think the government is responsible to shut down organized crime.
As opposed to thinking the government is responsible for controlling individuals' personal habits? I'm not sure you understand the concept of "personal responsibility".
And yes, I damn well do think the government should be responsible for shutting down organized crime. Are you joking?
12 - Dave Nalle
Why not get rid of the ban on smoking in public places, because we all know it's all about what you want to do with your own body!!
Because unlike Heroin which doesn't go floating around the room, when you smoke others in the area are involuntarily exposed to it.
Dave
13 - methodman
Brian, I don't give half a rat's ass about society, your kids, anyone's kids, homeless people, losers or anyone else.
"Leave my money alone, do all the heroin you want.. good luck with that." - Tim Wilson
"Other people's problems are not my problems..I don't have the time." - David Byrne
We're here, we're high - GET USED TO IT.
14 - Margaret Romao Toigo
Brian aka Guppusmaximus asks, "When does legalizing ANY drug make it easy to handle the problems they cause?"
Bringing problems out of the shadows and into the light almost always makes them easier to handle.
If you give me a specific problem (addiction, gangsterism, tainted products, AIDS, minors getting access, environmental hazards, etc.) I will be happy to explain how that dynamic applies to it.
Brian aka Guppusmaximus asks, "Two percent of how many? We should just have that approach with all drugs because you think the government is gonna have any more control over Marijuana? You think it's alright that 2% of the population is a "Good enough for you" casualty? You think it's alright that 2% of the population is a "Good enough for you" casualty?"
Two-percent of alcohol users are immoderate, and the same holds true, give or take a percentage point or two, for just about every other human weakness or vice.
Legality is irrelevant to weaknesses and vices. What is relevant is how those sorts of products are manufactured, marketed, and sold.
If you think a drug-free, vice-free, or even a merely addiction-free society is possible under any type of drug policy, I want a sample of what you've been smoking.
Brian aka Guppusmaximus asks, "I understand your point that legalizing drugs would take away the incentive to make mad cash but how would you continue the process?"
Regulations will allow the consumers to do that because the free market protects and defends the rights of consumers.
Gangsters who depend upon the artificial price supports and tax exemptions of prohibition to maintain the anarchy of their underground economy protect and defend only their own turf.
A regulated market, unlike an underground market, offers consistent choices, allowing consumers to set pricing and quality standards using their wallets, just as they do for any other legal and regulated business.
Now, I've answered some of your questions, will you please answer mine?
Can you explain to me how drug prohibition deters gangsterism and the violent crime associated with it?
Can you demonstrate how drug prohibition has reduced drug addiction/abuse?
Can you show how drug prohibition prevents our children from buying and using prohibited drugs?
15 - Brian aka Guppusmaximus
"Brian, I don't give half a rat's ass about society, your kids, anyone's kids, homeless people, losers or anyone else."
Well that's very evident considering you've chosen to comment under the nickname taken from a shitty, wannabe musi..ur,um..Rap Star whose contribution to music is less than that of a 10 year old who just picked up the trumpet. Not caring doesn't prove that your more intelligent, it actually shows that you are immature...
Peace Out...YO!!
16 - Peter J
Forget all about the legalization issue, the fact that when you arrest a person who breaks no other law except for using a drug that you are taking a harmless person out of society and locking them up with a mostly violent criminal element. You are removing a father or mother from their family, removing a student from a upwardly mobile track, breaking up families and segragating them from society. It may even be a close member of your own family since most people using drugs are otherwise positive contributers to family and society, someone who smokes marijuana casually as you would have a drink or a beer, someone who has become addicted to narcotics and has reached a stage where they barely get high because, very much like alcohol, they have built a tolerence and use just so they don't go into DT's. Oh, I'm sorry, that's an alcoholic term, I meant withdrawal. But you know what I mean, like when they need some "hair of the dog". Dammit, I did it again, I meant a "fix". I keep sliding off course. My apologies.
I guess the point I'm trying to make is that these people are only lawbreakers in the respect that they use drugs, nothing else. I know, they have to steal to support their habit. That's because the drugs are in such high demand and it's dangerous to transfer drugs, causing a ridiculously high price on the black market which would be alleviated with controls as with alcohol. You know, like what happened with Prohibition.Damn, I'm sorry, I've gone and strayed again.
The fact is that most marijuana users are discreet and use it at home, realize the dangers of driving while intoxicated and lead completely normal lives, just like your business man who has a "few" martinis at lunch and then goes back to work. Damn, bad analogy. A responsible pot user would never smoke at lunch and go back to work with a buzz on.
As for Heroin and other narcotics, I've known many people who use and got to that point where you didn't really ever get "high" anymore (known as "chasing the Dragon", but went on a much less costlt methadone program and hold down regular jobs without fear of arrest or being "ripped off" by dealers. You may have people at work doing just that and you would never know it.
Anyway, my point is,,,uh,,my point,,dammit,,, I went and took a couple of hits and I forget my point.
And if you're sitting there right now saying "see, they can't remember anything" then your just one silly little closed minded person who never hears the other side of any argument because you're already sure your so mother fukkin right you just refuse to listen.
17 - Benji The Ninja
I find marijuana very interesting and fun to use!
:D
18 - Thibaut
Great article, thanks.
19 - Burnt
LOL at that brian aka guppusmaximus, just got completely shut down by the author.
20 - logan
bannanna phone
21 - Quim Teck
Marijuana saves lives and its a great activity to do when hiking, watching 3-D movies, going to art museums, and attending the zoo. If you actively use marijuana, please do these things because it makes the experiences so much more interesting.
22 - Jack
I don't know who wrote this but they aren't as fucking smart as they think they are. I hate this writing style talking down to the counter culture. He says that there are laws in all fifty states making the substance illegal. False. California as a state allows for legal marijuana use. The federal government does not agree and busts dispensaries that are legitimate businesses with business licenses.
23 - pablo
There is a fundamental difference between legalizing marijuana for medical reasons as opposed to recreational use. I for one am a recreational user, and have been for some 40 years. The issue is freedom, as in legalizing freedom. As I have never in those past 40 years used heroin, I reject out of hand the lame argument that marijuana is a gateway drug. Coffee is far more of one, as you will find a higher number of heroin addicts that started with coffee than pot.
I do not know why freedom is such a hard concept for most americans (land of the free, and all that shit)to grasp. My freedom ends where your nose begins, and even then there can be debate, such as if the offending person is wearing an odious perfume.
I have the god given right to put into MY body what I want, as well as to alter the my state of mind, up to the point where it in a concrete and tangible way endangers others; driving under the influence of alcohol comes to mind.
My body, my mind, and my thoughts are sovereign, as are yours. You can do what you want with your hand or fist, up until the point it makes contact with my sovereignty and vice versa. It really is a very simple concept folks. Sure there are nuances, but the fundamental right to engage in free behaviour should be encouraged by all.
For those of you that have never had a good buzz off of some high quality pot, you just might wanna try it sometime. It is not for everybody, in fact in makes some folks very self concious.
The issue has never been medical or recreational, or even pot for that matter, the issue is freedom, which after all is supposedly what binds us together as a nation, as in freedom and liberty, however they have thanks to people like George W Bush become empty hypocritical words in an ever increasingly orwellian world.
24 - Margaret Romao Toigo
I wrote it, Jack -- back in September of 2006!
I have no biases either for, or against, the counterculture. I simply pointed out that counterculture-style arguments against drug prohibition are really, really lame.
pablo, our freedom to put whatever we please into our bodies, as long as we do not violate the rights of others while doing so, is a given, but it's preaching to the already converted, and does nothing to quell the fears, uncertainties, and doubts of those who realize that the so-called "drug war" has failed, but are not yet ready to accept and commit to the reformation of our nations' drug policy.
25 - roger nowosielski
Good point. Margaret. But there'll always be naysayers to every new law and progressive legislation. Sometimes you just have to ignore them and carry on regardless.