-Caveat Lector-

Thursday, July 26, 2001
Legalization: The drug war's best weapon
By GWYNNE DYER
LONDON -- In Spain, Italy, Portugal, and Switzerland it is practically
impossible to get arrested for buying or using "soft drugs." In the
Netherlands, users may buy up to five grams of cannabis or hashish for
private use at 1,500 licensed "coffee shops," and they are opening two
drive-through outlets in the border town of Venlo to cater to German
purchasers. Even in Canada, Conservative leader and former Prime
Minister Joe Clark is openly calling for the decriminalization of cannabis.

But that is still far short of what Sir David Ramsbotham, the outgoing
chief inspector of prisons, suggested last Sunday in Britain.
"The more I look at what's happening, the more I can see the logic of
legalizing drugs, because the misery that is caused by the people who
are making criminal profit is so appalling and the sums are so great that
are being made illegally. I think there is merit in legalizing and
prescribing, so people don't have to go and find an illegal way of doing
it," he said.

You will note that he said "drugs," not just "cannabis," and that he
talked of "legalizing and prescribing," not just "decriminalizing." Most
British politicians are afraid to go that far in public yet, but over the past
week two former home secretaries and outgoing British "drugs czar"
Keith Hellawell have all called for a debate on decriminalizing "soft
drugs." And the new home secretary, David Blunkett, has given his
support to a local experiment in the south London district of Brixton,
where police will simply caution people found with cannabis.

Others, like Mo Mowlam, until recently the Cabinet Office minister
responsible for the Labour government's drug policy, and Peter Lilley,
former minister for social security and Conservative deputy leader, are
now going further. "It strikes me as totally irrational to decriminalize
cannabis without looking at the sale of it," said Mowlam. "It would be an
absurdity to have criminals controlling the market of a substance people
can use legally."

Lilley quoted a study in the respected medical journal "The Lancet" that
concluded that "moderate indulgence in cannabis has little ill effect on
health, and decisions to ban or to legalize cannabis should be based on
other considerations." For Lilley, banning cannabis is indefensible in a
country where more harmful drugs like alcohol and tobacco are legal
and he went the distance in accepting the implications of legalization.
Magistrates should issue licenses to local shops for the sale of limited
amounts of cannabis to people over 18, Lilley said. Like tobacco, it
would be taxed and carry a health warning -- and the tax yield on an
estimated annual British consumption of 1,500 tons of cannabis a year
has been calculated at about $23 billion if the cannabis were produced
and marketed in exactly the same way as tobacco.

That is a pipe dream, of course. Many people would grow their own, and
given the pre-existing black market, too high a rate of taxation on
cannabis would simply push consumers back into the hands of the
private dealers. Most experts think the highest practical rate of taxation
would be around $3-$4 per gram, which would yield a mere $7-8 billion a
year in extra tax revenue. But it would also cut law enforcement costs --
and it would keep cannabis users out of contact with "hard drug"
dealers.

Opposition to legalizing cannabis has dropped from 66 percent to only
51 percent in the past five years, and the nay-sayers are overwhelmingly
in the older age groups. It is a welcome outbreak of sanity, and even
mere decriminalization in a major English-speaking country would have
a profound effect on the debate in the United States, the heart and soul
of the prohibitionist movement. But legalization of cannabis in Britain is
unlikely because the U.S. government strong-armed all its allies into
signing three international conventions that define cannabis as a
dangerous drug.

To break out of those treaties would involve a larger effort of political will
than any government with many other items on its agenda would be
willing to undertake. So millions of individual Britons may benefit from
the decriminalization of cannabis and an end to harassment, but the
potentially large social and tax benefits of outright legalization are likely
to be lost.

The bigger problem, however, is that most British advocates of
decriminalization or legalization are too ignorant or too timid to extend
the same argument to "hard drugs" like heroin and cocaine.
Nobody should use heroin, a highly addictive substance, for fun. Nobody
should smoke cigarettes either, since they are even more addictive and
a grave health hazard to boot. But quite apart from the civil rights
considerations, nobody in their right minds would consider making
cigarettes illegal.

The consequences of banning tobacco, in terms of creating a huge
black market, expanding the field of operations of organized crime,
bringing the law into disrespect, and criminalizing millions of harmless
addicts, are simply unthinkable. So how can so many intelligent, well-
educated people miss the analogy?

By making heroin and cocaine illegal, around $450 billion a year, or 8
percent of world trade, has been handed over to professional criminals.
As a result, they have become rich enough to subvert entire countries.
Heroin addiction, before it was demonized by American lawmakers, was
an undesirable but relatively low-cost affliction that had no adverse
health consequences and left its victims free to lead a normal and
productive life.

That's how it used to be in Britain, in fact. Only two years after the U.S.
Congress, fresh from banning alcohol under the Volstead Act, imposed
prohibition on the heroin family of drugs in 1924, the Rolleston
committee in Britain concluded that non-medical heroin use was a
problem needing help, not a crime needing punishment. So Britain
adopted the policy of providing heroin on prescription to registered
addicts -- and over the next 40 years, the number of addicts in Britain
scarcely grew at all.

Then in 1971, largely in response to intense U.S. pressure to fall in with
U.S. plans for global prohibition, British doctors were forbidden to
prescribe heroin to addicts, and the black market came into being. The
market then worked its usual magic, relentlessly expanding the
customer base: since 1971, the number of heroin addicts in Britain has
grown from fewer than 500 to around 500,000.

And because the black market charges them such a huge mark-up,
most users can only support their habit by crime. It also provides them
with a highly adulterated product of unknown strength, often mixed with
lethal substances. So they spend a lot of time in jail, and die young.
As late as the 1990s, one British doctor in Liverpool was allowed to go
on prescribing heroin to his addicted patients under a special Home
Office license as an experiment. In the 10 years of the project none
died, their arrest rate for property crimes dropped to close to the
average for the area, and most managed to find jobs and stabilize their
lives.

But then CBS television did a report on the project, infuriating the U.S.
drug warriors so much that pressure from the American embassy in
London forced the British government to shut the project down. The
former patients were driven back onto the black market, and over the
next two years 41 of them died.

It is not a war on drugs. It is a war on drug users, especially those from
underprivileged and minority groups, driven by ignorance and fear and
waged with lies. It kills the addicts, it destroys respect for the law, it
creates huge criminal empires, and it undermines whole societies. It's
crazy, and every year thousands defect from the futile struggle to
"stamp out" drugs.

Gwynne Dyer is a London-based independent journalist whose articles
are published in 45 countries.
The Japan Times: July 26, 2001
(C) All rights reserved
------------------

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Best Wishes


Well all of my friends are stoned lord
All of my friends are stoned
Janie got stoned cause she couldn't get boned
But we're all gonna die someday
-Kasey Chambers

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