One of the emerging hot-button issues of the 2016 Presidential race, is candidates stances on Drug policy; The War on Drugs Billions of dollars and 30+ years later, has taken America no closer to a drug free society at a tremendous cost. Every candidate in the 2016 Presidential race, seems to believe there is a problem but they each differ wildly in their methods for solving it. The debate revolves around for the most part the lives torn apart by drugs, and the lives of those torn apart by the criminal justice system. It weighs the interest of massive revenues and massive expenditures. Scientific journals shape the debate with their latest analysis of illegal drugs potential harms and medical uses. But what seems to be lost on many today is why they are illegal, and the issues at stake concerning laws criminalizing them.
Laws by their very design are expressions of societal norms intended to bar certain behaviors that either impedes upon the rights of another, or behavior that is disruptive to societies general functions. Rights exist to the individual to protect those norms and processes from impeding into an individuals life beyond what is reasonable. With that in mind, to understand the issue we must ask ourselves what is the reason that certain substances are banned. The first reason often cited is, Is that, Drugs harm society. This is to an extent true, but not for reasons inherent to the nature of the substance. As a brief history of Latin America from the 70’s through the present day demonstrates; From The Medellin Cartel in Columbia, to The Zetas in Mexico, Drug violence is the greatest danger posed by the usage of Drugs.
But this doesn’t come from Drugs themselves but their criminality. By banning the substance, law does not prevent its usage or creation, but the possibility that legitimate business practices will fill the market need. The forcing of this into the Black Market, eliminates regulation, protection, and government force as the arbiter of disputes (Canales). Violence is inherent in a system that lacks any regulation or oversight. When billions of dollars are at stake interests must be protected, from production to transportation lines, the paths by which drugs reach the United States are racked with violence. The death toll in Mexico alone is estimated at between 60,000-100,000 in drug related violence between 2006-2013 (Canales).
Drugs Criminality also costs the U.S. billions of dollars between fighting the war on Drugs, and billions more to incarcerate offenders on the states dime for mere possession (Marijuana Policy Project). The sum cost of The War on Drugs, is vastly weighted by the costs of fighting the war on drugs rather than their inherent usage. The cost to society, without enforcement can be quantified in healthcare costs, and the damage drugs will cause within the family structure. The healthcare debate then would concern not ones usage of drugs, but one’s lack of insurance and the massive costs of healthcare.
The next claim to then asses is the damage done to families, an individuals life and the loss of productivity across the board. To that i would, respond that again a great measure of that cost stems from their criminality. In a society where nursing a chemical dependency is a crime, where does an addict turn for aid? Private organizations have done a great deal to help build support groups and allow an individual to better control their lives. But that does little for a person in the throws of chemical dependency. Treating that dependency as a crime alienates users within a society keeping them from being able to reach out for aid.
Once more, the criminality of drugs, has done little to stem their usage as seen by the continued growth of the drug market in recent years. A conservative estimate, places the U.S. Drug Market at a value of between 30-150billion dollars annually (Canales). As the former president of Columbia Cesar Gaviria described it, “The War on Drugs has failed. [We’ve seen].. no matter what you do, the drugs will get to the U.S. “(The Economist). The United States spends around 90% of our resources in the War on Drugs on enforcement and incarceration, and 10% on treatment. Where our drug policy, is failing were presented with an inverse picture in Portugal who spends 90% of their resources on treatment and only 10% on enforcement (The Economist).
The Portuguese model represents a cohesion of law and societal expression through action. Instead of assuming drug usage is the failure to live up to societal norms and standards, viewing it as what it is, an escape from reality that one can become lost in. Chemical dependency is treated as a medical disorder requiring scientific rather than coercive means to break. In 2001, Portugal responding to 1% of their populations addiction to heroin in the 90’s passed a total decriminalization measure. This measure, decriminalized small amounts of illicit drugs and shifted the focus to harm reduction measures (The Economist). This saw a 50% reduction in heroin usage in 10 years, a general decline of drug usage and addiction rates declining across the board (The Economist). If law is the expression of societal action and designed to prevent the interrupting of those processes, then treating drugs as a chemical dependency is proven a far more effective means of societal functionality. While there is inherent damage done to individuals and family life by drugs, the decriminalization of drugs is the most effective policy means to mitigate the damage they can cause.
So if The banning of Drugs, does nothing to reduce their harm to society and in many ways exacerbates them, what is the justification for their continued prohibition? Drugs make people commit crimes.While drugs are often associated with crime, that association comes from the destitution of those isolated from society pushed to a life of crime to sustain their habits and without recourse of treatment as an option. The issue when using that as a justification is that the activities associated typically with drugs are already crimes. Vagrancy, Theft, robbery, assault, muggings, shop lifting; etc. are all crimes in and of themselves. With or without criminality of drug usage, each of these activities would warrant a corrective response by society for violating the nesecarry functions, and rights of fellow citizens. A punishment i would consider justified. But Drug usage, is not a just reason for incarceration of U.S. citizens.
What the true justification of drug criminality is the mere imposition of the morality of the majority upon the minority. The stigmatization of those deemed different and dangerous by those who hold monopoly on the reigns of power. Individual liberty, and the respect that every citizen is to be secure in their persons and property; exists regardless of the opinions of the majority. Individuals in a free society have the right to do what they will with their own bodies. Until a compelling justification for their prohibition can be brought that warrants the trampling of the sanctity of the individuals own person, the policy is and will remain unjustified. If the American people believed that these drugs were harmful 100% of the time and had no legitimate usage how could a society in which drugs are prohibited spend between 30-150billion dollars annually? (Canales).
Our laws do not currently respond to our rights, nor to the will of the American people expressed through the market. The trampling of Individual liberty is only justified by the tyranny of the majority. The Drug War has taught us very important lessons about the American people. That we will assert our rights whether recognized and condoned by law enforcement, or not. The Free Market will find the means to serve demand, blind to the obstacles in the way. And finally, that government coercion, cannot, has not, and will not be accepted by The American people.
As always, I will close with a quote,”If you support the war on drugs, in it’s present form, then your only playing lip service to the defense of freedom, and you really dont grasp the concept of the sovereign individual human being.”-Neal Boortz
You’ll Hear from me soon, Saorise
Works Cited:
Canales, Rodrigo. The Deadly Genius of Drug Cartels. Ted Talks. Youtube, 4 November 2013. Web. 22 September 2016.
“Decriminalization Brochure.”Marijuana Policy Project. Marijuana Policy Project, 2016. Web. 23 September 2016.
“Drugs; War or Store?”. The Economist. Youtube, 11 June 2015. Web. 21 September 2016.