With the patchwork
legalization of marijuana in the U. S., and now with the total
legalization in Canada, this reprise of an essay* which I wrote in
the late '80s is even more relevant.
The attempt to deny the
use of various drugs to the individual creates a problem in several
ways. Human desire is always augmented by denial, especially among
the young. Thus the law denying use is in fact a significant
contributory factor in increasing the demand for drugs. This
artificially high demand, which cannot be met by a legal market
supply, generates a highly profitable opportunity for the criminal
element. The government, in its misguided enforcement of drug laws,
guarantees the criminal suppliers a monopoly on the market which
results in ridiculous prices for what would otherwise be economically
uninteresting commodities.
This fortuitous
combination of augmented demand and market monopoly created by drug
laws for the enterprising criminal is enhanced even further by the
addictive nature of the 'harder' drugs. Once 'hooked' the hapless
user becomes the perfect repeat customer - he has no choice but to do
business no matter what the price. Unfortunately for him, the
criminalization of the use of the drug virtually guarantees that the
victim will be unable to seek help for his problem.
The bottom line is that
the drug problem is a problem in economics, not morals, not health,
not even safety, whether or not any or all choose to view it as one.
In a way this is fortunate, since the solution is valid whether or
not all agree on the moral issues. Legalization will instantly
eliminate the criminal market monopoly and quickly drive the pusher
from the streets. For an example of this one has only to look at the
impact on the organized crime numbers rackets when the legal
lotteries were created. Why do business with thugs when you can buy
a ticket to win millions at the corner convenience store?
Why is it so hard for the
supposedly moral crowd to view a moderate problem with some abuse of
drugs by a few as preferable to a gargantuan problem with burgeoning
crime? Even the Women's Christian Temperance Union finally
understood by 1933 that they had created more moral problems than
they had solved.
A POSSIBLE COMPROMISE
Although the lessons
of history and the analysis of the current situation clearly point to
total legalization of all drugs, such an enlightened reform is
unlikely in the unenlightened Puritanical society of modern America.
However, just perhaps an acceptable compromise can be struck that
would be palatable to all but the most recalcitrant pseudo-moralist.
The following solution is proposed:
1 The possession of drugs
(or anything else for that matter) be forever removed from the
abusive control of government - a Constitutional Amendment denying
all present and future aspiring tyrants control over personal
ownership per se of anything.
2 Legalizing the sale of
marijuana products on the same basis as alcohol products.
3 Limit the sale and
distribution of 'hard' drugs to licensed dealers (a generalization of
the current prescription drug monopoly of the medical fraternity).
4 Create a network of
private, or even government run or subsidized, drug rehabilitation
centers staffed by licensed distributors from (3) whose function
would be to provide drugs (with appropriate medical and psychological
care) to anyone who demands them, but with the primary objective of
eliminating the demand.
This proposal
recognizes the three primary principles discussed earlier. The
criminalization of the citizen is eliminated by legalization of both
possession and use of drugs. The former is recognized as a
fundamental freedom and abuse of the latter is recognized as a
medical or psychological problem, not a crime. The role of law is
reduced to control of sale and distribution, which is a more
defensible government involvement, and in particular avoids the fatal
mistake of trying to legislate denial to adult, law abiding citizens.
Lastly, the rehabilitation centers provide both an opportunity for
society to help the drug user and, just as importantly, the denial of
a market with excessive economic gain to the illegal distributor.
*from Musings and
Rants, Marcus
Everett 2016, CKCPC3 Publishing; p.14
