Posted on 05/16/2002 11:22:07 AM PDT by Reagan Man
The Libertarian Party and like-minded think tanks and policy research centers, most notably the Cato Institute, are proponents of drug legalization. It's said to be an idea whose time has come. Foremost, Libertarians hold to the philosophical stance that individual freedom and responsibility are paramount, requiring strong limits on the role of government. Libertarians claim that the current policy of drug prohibition in fact violates individual liberties. Although Conservatives as a group generally espouse a Libertarian bent, social Conservatives in particular are not purists regarding government intervention, especially when they perceive a threat to the greater good of the citizenry.
Moreover, Libertarians believe that drug legalization is congruent with the notion of "harm reduction", which purports that society actually incurs more damage from stringent drug laws than from the effects of drug usage itself. They cite the negative consequences of our current "prohibitionist" drug policy, which directly led to the creation of a black market, limited drug availability resulting in high drug costs, violence and turf wars in efforts to compete for significant profits, and a burgeoning, expensive criminal justice system. Ostensibly, if drug legalization were to be implemented, availability of drugs would increase, prices would drop markedly, and drug crime and drug trafficking would all but disappear. Moreover, the size and cost of the current criminal justice system would be significantly reduced, a tremendous bonus to the taxpayers. And of course, as a compassionate society, we would offer rehabilitation for those substance users who seek help in kicking their drug habits, a minor price to pay in the scheme of things. Out with the old paradigm, and in with the new paradigm.
The Real Deal--Consequences of Drug Legalization:
Sounds terrific, right? But it's an inaccurate representation of how legalization of drugs would impact our culture. In truth, there would be increases in both drug activity and concomitant social ills and other antisocial behaviors linked to substance abuse, all of which would have a profoundly deleterious effect on our populace. The dysfunctions and problems associated with addiction would probably not manifest to a significant degree in the criminal courts, although we would expect to see a higher number of Driving While Impaired and Assault offenses. Undoubtedly, automobile and workplace accidents would become more commonplace. However, the most profound impact of drug legalization would be reflected in the sharp rise of various social ills and accompanying activity in the family/juvenile court systems, with growing demands upon social service agencies and treatment programs. Addicts often become cross-addicted, so also anticipate more widespread difficulties with alcohol, prescription drug abuse, gambling, etc. The greater prevalence of child abuse and neglect, teenage pregnancies, domestic violence, divorce, juvenile delinquency and other types of societal dysfunction would particularly stress public sector programs paid by the taxpayers. So forget about saving all that tax money, which will be needed to provide government services. Moreover, enacting drug legalization would fail to send the salient message to our youth that indulging in drugs is morally wrong, placing all substance abusers, and those around them, at risk for physical, psychological, and spiritual damage.
A review of the "Dutch Model" demonstrates that drug activity, particularly marijuana usage, has increased with the softening of drug laws and drug policy in the Netherlands. And our nation had some similar experience in the state of Alaska, with the decriminalization of up to four ounces of marijuana between 1975 and 1991. Reportedly, use of that drug went up significantly among Alaskan youth during the referenced time frame. Noteworthy, the marijuana of today is many times more potent than the marijuana available in the 1960's and the 1970's. It is more addictive, and more debilitating than the older versions of the substance, and now often requires intensive treatment for recovery. Beyond marijuana, Ecstasy and other designer drugs, and purer quality heroin and cocaine, will continue to be part of the drug scene.
The Status of the Drug Culture:
As a professional in the field of criminal justice, utilizing both law enforcement and social work skills, I've personally observed an escalation in societal decay, especially since the mid-1990's due to the prevalence of drug usage among those sentenced to community-based supervision. And there is supporting statistical data to demonstrate that substance abuse activity has gone up in recent years, despite the propaganda put forth by the prior Clinton administration. Regarding FBI drug arrest figures, (estimated at 14 million in 1999), these numbers had risen a whopping 36% during the decade 1990 - 1999, with a marked increase in resulting drug convictions. For further information, please refer to the FBI's Uniform Crime Reports, "Crime in the United States -1999", Section IV, "Persons Arrested". Current drug crime statistics are about the same. But why hasn't the media underscored this salient information for the public? And why hasn't the media "connected the dots" for the citizenry, explaining how drug abuse is directly linked to societal ills?
For more than a decade, the media correctly noted that aggregate crime numbers were down, including violent crime and property crime. But the media was remiss in failing to examine specific types of offenses that statistically increased, seemingly incongruent with overall crime trends. Regarding drug crime particularly, one wonders if the Liberal-leaning media was reluctant to embarrass the ensconced Democratic administration (1993-2000), which was intent on spinning the notion that all crime was declining, supposedly due to Democratic policies and efforts involving great expenditures of money and resources.
But we must ask ourselves why hard-core usage and accompanying drug activity is not responsive to the aggressive policing and negative sanctions effective with most other types of crime. I believe that the situation is complicated by the nature of addiction, which is all encompassing, and often blurs reasoning and the ability to respond appropriately to the threat of punishment and the pressures brought by the court system. Addiction is not just a physiological or psychological phenomenon, but a moral dysfunction as well. It drives those under its influence to engage in the most decadent behaviors, criminal and otherwise.
From years of societal experience with the drug culture, the public is well aware of the depths of depravity, which can be exhibited by addicts. Since the public is more or less cognizant that this population of hard-core users has remained unabridged, they instinctively sense that society is still at great risk for the emergence of additional drug related crime and drug related social pathologies. The media and politicians can laud the overall drop in crime all they want, but the public realizes that drug activity will continue into the foreseeable future with its attending social dysfunction. The public also understands that the degenerate drug culture constantly spawns new addicts to replace those who have perished from the likes of disease, overdose, and street crime. Clearly, the drug culture will only become worse if drug legalization is enacted.
Is Treatment The Answer?
Many criminal justice and mental health professionals tell us that treatment is the solution to substance abuse problems. However, the truth is that the vast majority of chemical dependency programs are ineffective for hard-core drug abusers. From years of monitoring and auditing cases, I can state unequivocally that most, if not all, drug addicts are in a revolving door of various intervention programs, routinely walking out of both residential and outpatient care before completion of treatment. I'm in agreement with calls for providing intensive drug intervention to criminals who are incarcerated, a captive audience, if you will, who would be required to successfully participate and complete treatment as a requirement of their sentence. This leverage may induce the addict-criminal to fulfill program requirements. Although not a panacea, coerced treatment would at least improve the odds of long-term recovery.
Unfortunately, the relapse rate for addicts is overwhelming, with individuals participating in numerous programs over the years before maintaining any real sobriety. In fact, if drug abusers haven't died at an early age from their risky life style, and are lucky enough to make it to middle age, they generally are motivated to seek recovery from addiction only because their bodies are so racked with physical infirmities that they are finally willing and able to maintain abstinence. To make matters worse, hard core drug users have a very negative impact on family members and those around them, inflicting a variety of damage including criminal victimization, child abuse/neglect, domestic violence, passing congenital abnormalities to offspring, and spreading disease. And these individuals collaterally affected by the addict experience severe and ongoing emotional and physical disability, whether or not the addict is eventually removed from the situation via incarceration, death or abandonment. The greater society is also impacted since they are exposed to the dysfunction of the family and friends of addicts, and must provide treatment and interventions for them, as well.
Conclusion:
Legalization of drugs would increase substance abuse, especially among youth, and would cause social pathologies to flourish to an even greater extent than they are flourishing now. Government programs to address the societal problems, spawned by the growing substance abuse culture, would augment the size of the public sector and reliance on taxpayer monies. In effect, drug legalization would spur negative consequences across the societal spectrum.
Clearly, the Libertarian viewpoint on drugs is patently wrong-headed, and would have a profoundly pernicious effect upon our culture. But beyond the question of drug legalization, we as a society must make it a priority to inculcate values in our youth, and help them build character, so that they can be equipped to resist the temptation of drug usage under any circumstances.
You don't need to suggest it, it is entirely true.
Moreover, enacting drug legalization would fail to send the salient message to our youth that indulging in drugs is morally wrong
That salient message goes over real well after we've pumped their little brains full of Ritalin for ten years
As a professional in the field of criminal justice,
Translation: My salary depends on drug prohibition.
And there is supporting statistical data to demonstrate that substance abuse activity has gone up in recent years
Therefore the greatly increased powers of the WOD agencies have failed to solve the problem.
But we must ask ourselves why hard-core usage and accompanying drug activity is not responsive to the aggressive policing and negative sanctions effective with most other types of crime.
Notwithstanding, we're going to go full speed ahead with those policies to which the problem is not responsive?
Certainly there must be some middle ground where we can realize that while drug legalization may not be a good thing, the ridiculous excesses of the existing "War On Drugs" are just as bad.
In my minds eye, I see some of those 100ft billboards, similar to the "Marlboro Man" or "Burger King", with "Get Your Smack from Jack" or "For a Great Shoot Up, Go to Lenny's" dotting the landscape.
An admirable goal, which is well worth striving for. Progress, indeed.
The Wo(s)D as it is currently fought does nothing to lessen the availability of drugs to minors, nor address the potency of the drugs available. Legalization/regulation would accomplish both of those things.
And to go ahead and cut off the next two contentions:
1) I don't personal use drugs of any kind, alcohol/tobacco included, and haven't for several years, and
2) the black market that Wo(s)d-ers insist would still exist if these substances were legalized is currently non-existent on a national level with regards to alcohol and tobacco.
In other words, "social conservatives" admit that they are pet program socialists.
Yeah, I can't wait until heroin is legal, so I can go out and shoot up. (sarcasm)
What is wrong with these people.? How many of you would start using drugs just because they are "legal"?
Which is 100% correct, therefore rendering her entire emotional argument moot...
The individual is more important than the collective...
Its been argued many times here on FreeRepublic, a Constitutional Amendment isn't required. Congress is well within its rights to create and enforce, anti-drug legislation. The facts are clear.
The Controlled Substances Act
The Controlled Substances Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, is the legal foundation of the government's fight against the abuse of drugs and other substances. This law is a consolidation of numerous laws regulating the manufacture and distribution of narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and chemicals used in the illicit production of controlled substances.
The CSA places all substances that are regulated under existing federal law into one of five schedules. This placement is based upon the substance's medicinal value, harmfulness, and potential for abuse or addiction. Schedule I is reserved for the most dangerous drugs that have no recognized medical use, while ScheduleV is the classification used for the least dangerous drugs. The act also provides a mechanism for substances to be controlled, added to a schedule, decontrolled, removed from control, rescheduled, or transferred from one schedule to another.
Proceedings to add, delete, or change the schedule of a drug or other substance may be initiated by the Drug Enforcement Administration (DEA), the Department of Health and Human Services (HHS), or by petition from any interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a state or local government agency, or an individual citizen. When a petition is received by the DEA, the agency begins its own investigation of the drug.
The DEA also may begin an investigation of a drug at any time based upon information received from law enforcement laboratories, state and local law enforcement and regulatory agencies, or other sources of information.
Once the DEA has collected the necessary data, the DEA Administrator, by authority of the Attorney General, requests from the HHS a scientific and medical evaluation and recommendation as to whether the drug or other substance should be controlled or removed from control. This request is sent to the Assistant Secretary of Health of the HHS. Then, the HHS solicits information from the Commissioner of the Food and Drug Administration and evaluations and recommendations from the National Institute on Drug Abuse, and on occasion, from the scientific and medical community at large. The Assistant Secretary, by authority of the Secretary, compiles the information and transmits back to the DEA a medical and scientific evaluation regarding the drug or other substance, a recommendation as to whether the drug should be controlled, and in what schedule it should be placed.
The medical and scientific evaluations are binding to the DEA with respect to scientific and medical matters. The recommendation on scheduling is binding only to the extent that if HHS recommends that the substance not be controlled, the DEA may not control the substance.
Once the DEA has received the scientific and medical evaluation from HHS, the Administrator will evaluate all available data and make a final decision whether to propose that a drug or other substance be controlled and into which schedule it should be placed.
The CSA also creates a closed system of distribution for those authorized to handle controlled substances. The cornerstone of this system is the registration of all those authorized by the DEA to handle controlled substances. All individuals and firms that are registered are required to maintain complete and accurate inventories and records of all transactions involving controlled substances, as well as security for the storage of controlled substances.
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TOUBY v. UNITED STATES, 500 U.S. 160 (1991)
The Controlled Substances Act authorizes the Attorney General, upon compliance with specified procedures, to add new drugs to five "schedules" of controlled substances, the manufacture, possession, and distribution of which the Act regulates or prohibits. Because compliance with the Act's procedures resulted in lengthy delays, drug traffickers were able to develop and market "designer drugs" - which have pharmacological effects similar to, but chemical compositions slightly different from, scheduled substances - long before the Government was able to schedule them and initiate prosecutions. To combat this problem, Congress added 201(h) to the Act, creating an expedited procedure by which the Attorney General can schedule a substance on a temporary basis when doing so is "necessary to avoid an imminent hazard to the public safety," and providing that a temporary scheduling order is not subject to judicial review. The Attorney General promulgated regulations delegating, inter alia, his temporary scheduling power to the Drug Enforcement Administration (DEA), which subsequently temporarily designated the designer drug "Euphoria" as a schedule I controlled substance. While that temporary order was in effect, petitioners were indicted for manufacturing and conspiring to manufacture Euphoria. The District Court denied their motion to dismiss, rejecting their contentions that 201(h) unconstitutionally delegates legislative power to the Attorney General, and that the Attorney General improperly delegated his temporary scheduling authority to the DEA. The Court of Appeals affirmed petitioners' subsequent convictions.
We've been breaking down doors (sometimes even the right ones), seizing property like crazy, kicking grandmas out of public housing, flying around with IR gear looking for grow lights, shooting down planes full of missionaries for years now.
But it must be working huh? After all, you hardly ever hear of anyone using those bad ol' drugs anymore!
That really is what it comes down, isn't it? Do you believe people will be more effective in their compassion without government interference or don't you? The answer for me, you and many of my Libertarian friends is yes--- we believe in people, not government coercion.
Have you noticed how the tenor of the debate has changed lately? The statists are getting nervous as they see the anti-prohibition camps gaining momentum. The prohibitionists are cranking up the propoganda mills in an effort to staunch the debate. Their desperation is showing.
Not to nag, or anything, but what constitutional foundation exists to support Comprehensive Drug Abuse Prevention and Control Act of 1970?
Another good reason to make caffeine illegal!
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