Introduction
Legalization of drugs has become a buzz phrase in today’s political sphere especially in light of recent arguments for decriminalization of marijuana. On the other hand, other groups believe that employment of criminal sanctions would deal with the problem of drugs. There is no single remedy but the paper shall look at the legal, social, economic and cultural effects of both strategies so as to reach a tenable solution.
Decriminalization / Legalization of illegal drug sales and use
Goode (2008) asserts that the war on drugs can more or less be seen as an ideology rather than a practical application of law. He claims that antidrug laws are quite ambiguous in this regard as they are based on unfounded premises. First, it is assumed that illegal drugs cause intense harm upon the human body and individuals must therefore be protected from the health implications of these drugs. The latter author believes that punishments for such drugs must therefore fit the intensity of harm that can be caused by a certain drug in order for justice to be served. However, since some of the most harmful drug users are never punished while mildly harmful drug users such as those who take marijuana can receive life imprisonment penalties then the criminal justice system is clearly inconsistent. The criminal justice system does not bother to relate the degree of harm causable by a drug and the kind of punishment that is given to suspects. Therefore, to criminalize drug use will be to assume that all illegal drugs cause harm without considering the actual degree of harm.
A Moral entrepreneur is one who makes decisions concerning what he or she thinks is right and then makes sure that the rest of society is governed by those rules irrespective of whether society adheres to those perspectives or not. (Goode, 2008) Such persons normally come in the form of politicians and may easily utilize their positions to convince the public about a certain aspect of morality without basing their arguments on sound research. In the case of drug criminalization, it is assumed that drug users are emotional misfits and they should therefore receive punishments for their actions. But one only has to look at this argument critically to see why it cannot be tenable. If it is true that drug users are emotionally unstable, then the best solution should be to treat them and not to punish them. Goode (2008) further explains that if the law were to follow such a principle, then all mentally ill patients would be criminalized immediately even without committing any offense; a very cruel and illogical position. The only fair way of handling such a problem is by legalizing drug use and treating concerned parties. The fact that the law gives punishments to all drug users despite the fact that they may not be in a position to spread their drug use indicates just how unjust the law enforcement system has become and why decriminalization should be done.
Goode (2008) claims that instead of dealing with the problem of drugs; law enforcement has served to worsen the problem. Whenever something is criminalized, then certain groups may become interested in pursuing that prohibited activity just so that they can demonstrate their rebelliousness. Upon criminalization of a number of drugs, several addict subcultures have been formed. Most young people may begin taking drugs just so that they can defy law enforcers and this illegality is part of the reason why drugs seem very appealing to some groups. The law has therefore failed in achieving its objectives and has even made the situation much worse than it should have been.
Legalization of illegal drugs would eliminate one of the root causes for committing drug related crimes; the need to get finances for the habit. Most drugs are sold at very high prices because of their illegality. Since the market currently has very strict restrictions concerning drug use, then the natural effect of this is a thriving black market. Once the drugs have been legalized, then the drug industry will automatically eliminate the need for having a black market and the prices of the illegal drugs will go down. In the end, the average drug user can earn enough money to support his / her habit without resorting to illegal means for making ends meet. In other words, legalization of drugs would cause a long term reduction in crime. Part of this result can be attributed to the latter mentioned facts, and the other reason is related to law enforcement. Instead of chasing drug users, peddlers or other dealers, law enforcers will be dedicating their time to other violent crimes that have been known to trouble the criminal justice system and society in general. Besides that, the problem of overcrowding in prisons will be substantially reduced through the decriminalization of these drugs. (Block, 1993)
Treatment is a better approach than criminalization. By punishing drug users and other drug related individuals, the criminal justice system hopes that it will prevent potential users from being drawn into this lifestyle and that the problem will be eliminated. However, overwhelming evidence indicates that prisons actually worsen the drug problem. Many prison populations have vast access to drugs and even those who had not yet started using drugs may eventually end up doing so after being influenced by their peers. Punitive actions usually fail to deal with the root cause of the drug problem and this instead propagates a vicious cycle of more drug taking.
A number of persons believe that criminal sanctions against drug users may lead to substantial reductions in cases of violence amongst these groups of people. However, the major problem with such a belief is that it has been assumed that illegal drugs are directly related to violence. However Goode (2008) asserts that this is not true. One of the characteristics of the drug subculture is its inherent violence. Women who use drugs tend to become victims of violence while men are usually perpetrators of that violence. The problem is deeply rooted in the social background of the users, the location and the general values held by drug users. It is highly unlikely that the criminalization of drug use will lead to eradication of violence inherent in drug related activities. Therefore the law is going about this problem in the wrong way by making the situation worse than it already is.
A number of persons have expressed the concern that the legalization of drugs would lead to rises in use of hard drugs. This is because there would be no need for a black market and prices will have gone down. However, there is staggering evidence to indicate that the demand for illegal drugs is not price elastic. In other words, drug users will find a way of accessing dugs irrespective of its legal status. An example is the prohibition of underage drinking. High school and college students often access alcohol despite its illegality; consequently, people are not likely to become drug users just because it has been made legal. This decision rests solely upon their moral values. If one despises drug use, it is not plausible to assume that such an opinion will change upon legalization of the drugs. In the current situation where drugs are still illegal, addicts and users have the will to get those drugs and they will do whatever it takes.
In economics, it is often presupposed that in order for a fair exchange to occur, then one must have a greater need for what they are purchasing than what they have to give up. In other words, if a seller has a book worth one thousand dollars and a buyer has the one thousand dollars in cash; it is likely that an exchange will only take place when the need for the book is much greater than the cash that a purchaser holds. This analogy applies to the drug sale scenario. Drug users’ addictions are so great that they are willing to pay whatever price it takes in order to get those drugs. A heroin addict would require fifty two thousand dollars annually in order to feed his/ her habit. But since most Americans do not earn such an amount, then drug users often have to resort to illegal means in order to get those drugs. This usually makes them resort to violence or other dangerous activities. Besides that, the addicts have to look for these same drugs in dangerous locations. Upon legalization of such drugs, users would simply walk up to drug stores in order to access them thus eliminating current risk factors.
The case for criminal sanctions for illegal drug sales
A number of illegal drugs have been shown to possess very serious side effect. For instance, the use of LSD can cause memory lapses that may occur in dangerous circumstances such as when a d rug user is driving a public vehicle or when one is operating certain machinery. Consequently, it becomes completely unfair for one to allow such persons to continue with their irresponsible behavior since it puts others at risk. Criminalizing drug use sends the message to society that this behavior is can cause harm to others and it should therefore be avoided at all costs (Rangel, 1998).
Proponents of decriminalization usually assert that the choice to take drugs should be left in the hands of those who desire to do so and government need not interfere in such decisions as it is their right to choose what they want. However, one can use the same argument to support the criminalization of drugs. Many prescription drugs have been pulled out from the market and prohibited by the government after it had been found that those drugs could lead to serious side effects. An example was phentermine-fenfluramine; this diet pill was taken off the shelves after it had been asserted that it was dangerous and the public had to be protected from it. If the government felt that it was right or well deserved to take off such a mildly harmful drug then it is surely logical to impose criminal sanctions for those who sell more dangerous drugs like cocaine or heroine. A number of illegal drugs are classified as hard drugs and their ease of availability would place the public’s safety at greater risk (Nadelman, 2006).
Those groups that support the legalization of illegal drugs often state that a free market scenario will free up law enforcement resources and time so that they can deal with other criminal activities. This argument is based on the premise that a legal drug industry will not need regulation. However, one only has to look at the current alcohol and cigarette industries to see why this is not true. Alcohol usage is one of the most regulated activities in the current law enforcement scenario. For instance, one cannot sell such substances to minors; one cannot drive after taking these substances or even carry out certain complex duties while under the influence of alcohol. Also, there have been several lawsuits filed against alcohol users and the tobacco industry. Consequently, one can assert that the decriminalization of illegal drugs can lead to the need for more laws hence greater regulation and greater government involvement in the drug industry. This will lead to greater taxation and even insurance.
Some opponents to the prohibition and criminalization of drug use claim that the drug war declared by a number of administrators has been ineffective in deterring drug use or criminal activities associated with it. However, during the late seventies and eighties, drug use drastically reduced. This indicated that there are indeed strategies that can be utilized to curb the problem without resulting to the legalization process (Lyman, 2007).
Contrary to popular sentiments, legalization of drug would not necessarily reduce crime levels. Reports written by the AMA reveal that physical aggression, paranoia and irritability are some well known effects of using cocaine. Investigators have also shown that there is a direct link between these effects and homicide. The violence associated with drug use cannot be ignored as numerous drug users often display such behavior. Legalization of drugs will not cause the disappearance of these violent acts. Instead, it is likely to cause greater violence and even more crime because now a greater quantity of people will be able to access the drugs without resorting to underground activities. Recreational drug users have been shown to have higher crime rates than the average figure. This shows that decriminalization may simply be making such a problem worse.
The drug problem has been associated with various health complications. Many hard drugs are causing reduction in attention span, memory losses as well as other losses to the brain and the body. It is quite illogical to advocate for legalization of substances that can put the lives of several people at risk. Legalization would tremendously increase the availability of such drugs and this would eventually lead to greater health risks among Americans. While it may be an accepted fact that not all illicit drug users are necessarily addicted to the habit, there is still a substantial proportion that is. The country would be taking chances by making such harmful substances prevalent in the hands of the public. A rise in the number of users will also imply a rise in the number of addicts and eventually an increased risk in the health of such individuals.
Conclusion
Legalization and criminalization of drugs both cause different risks. A middle ground must therefore be sought by legislators such that root concerns are dealt with. Whatever strategies are adopted, drug treatment programs must be made substantial parts of those strategies for true success.
References
Block, W. (1993). Legal and economic analyses of drug prohibition. Business ethics Journal, 11(5), 89-94.
Goode, E. (2008). Drugs in American society. Boston: McGraw Hill Higher Education.
Lyman, M. D. (2007). Practical drug enforcement. Boca Raton: Taylor & Francis.
Nadelman, E. (2006, October 8). Drugs – the case for legalization. The Washington Post, 23.
Rangel, C. (1998). Why we should oppose drug legalization. Criminal Justice Ethics Journal, 17(4), 45.