You can't tell us drug legalization is impossible

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You can't tell us drug legalization is impossible
Dan Gardner
The Ottawa Citizen
4.10.09



Writing in The American Interest, esteemed political scientist Francis Fukuyama called on the United States to do more to help Mexico in its battle with the drug trade -- namely by boosting security on both sides of the border and assisting reform of the Mexican justice system. So far, so routine. But then Fukuyama made an interesting observation.

The ultimate source of the problem, Fukuyama noted, is American demand for illicit drugs -- and "the most straightforward way to reduce demand, of course, would be legalization under a tightly controlled regime."

Note the phrase "of course." Fukuyama is a leading American thinker, a conservative, whose views are widely respected by powerful people. And he is saying, almost with a shrug, that it's perfectly obvious that legalization would do away with the most terrible problems associated with illicit drugs.

But then politics rushes in. "While legalization has been proposed by many people over the years," Fukuyama writes, "it has very little chance of being enacted by Congress, and therefore is not for the time being a realistic policy choice."

For those of us who think the criminal prohibition of the production, sale, and possession of (some) drugs is the single most destructive public policy of the last century, Fukuyama's argument may be frustrating. First, he raises the possibility that serious policy thinkers finally get it. Then, he dismisses legalization as a fantasy.

But keep some history in mind.

"There is as much chance of repealing the 18th Amendment as there is for a hummingbird to fly to the planet Mars with the Washington Monument tied to its tail," claimed Morris Sheppard, a U.S. Senator from Texas.

The 18th Amendment was the constitutional provision banning alcohol. It was passed in 1920. Sheppard made his statement in 1930.

The 18th Amendment was repealed in 1933.

Sheppard wasn't the only one caught out by history. Far from it.

"They can never repeal it," boasted Congressman Andrew Volstead in 1921.

"I will never see the day when the 18th Amendment is out of the Constitution of the U.S.," said Senator William Borah in 1929.

Prohibition's supporters had good reason to be confident. Legalization wasn't merely unpopular. It required an amendment to the constitution. "Thirteen states with a population less than that of New York State alone can prevent repeal until Halley's Comet returns," Clarence Darrow observed when Prohibition came into force in 1920. "One might as well talk about his summer vacation on Mars."

So what happened? Prohibition failed, for one thing. It failed blatantly, spectacularly. Instead of the sunny nation where children grew up innocent of the evils of alcohol, the United States became the land of bathtub gin and speakeasies. It also became the land of opportunity for every thug looking to make big money, which inevitably meant corruption and gangland violence on a scale never before experienced.

But just as important was the coming of the Great Depression. While the economy roared, most people were prepared to put up with an idealistic, but futile crusade. But with banks crashing and unemployment soaring, Prohibition felt like what it was -- an asinine waste of time and money.

The solution became something obvious. It became something you describe with the phrase "of course." Of course alcohol should be legalized. Of course. In the end, Prohibition went quietly.

No, I don't think we are at our own "of course" moment, notwithstanding Francis Fukuyama's "of course." But it is conceivable we are heading that way.

In private conversations, I have heard many senior people say "of course." I suspect the number of those thinking "of course" grows daily.

CNN's coverage of the bloodshed in Mexico has repeatedly raised legalization as an option worth debating. That's a big change.

Critically, however, we lack the personal experience that people had when they judged alcohol prohibition a failure. Most people today don't know that drugs have not always been criminalized. Fewer still know that when drugs were legal, they were not a source of ghettoes, gang wars, and narco-states.

They do know, however, that developed countries spend tens of billions of dollars every year trying to stamp out the illicit drug trade. And they do know drugs are cheaper and more widely available than ever.

They also know we face an economic crisis. As in 1933, they may conclude that there are better ways to spend precious tax dollars than trying to enforce unenforceable laws.

The political barrier remains massive, but in politics even the mightiest wall can turn to vapour with startling speed -- a fact Fukuyama implicitly acknowledged when he said legalization was not a realistic policy choice "for the time being."

It was impossible that alcohol would be legalized only a few years before it was legalized. It was impossible that a black man would become president of the United States in the year that the black president of the United States was born.

The history of politics is stuffed with such transformation. Only 15 years ago, the NDP government of Ontario tore itself apart over a modest plan to extend benefits to same-sex partners. Gay marriage? Gay marriage was a fantasy. And today, that fantasy is law.

Never doubt that hummingbirds can fly to Mars.

Link!
 
^I think the analogies to the Alcohol Prohibition of the past are definitely there but they are limited. Alcohol was, even back in 1920s, a huge part of the culture and society at large. The demand for alcohol was huge. Thus, the prohibition was short-lived as the downside in terms of societal costs became apparent. As far as other drugs go, the demand is not as large and there is still a huge segment of the population that is blissfully ignorant about drugs, the different types of drugs, effects, downsides, upsides, etc... they all roll it all up into one big monster called drugs. Add to the that the incredible amount of vested interests (cops, prison industry, judges, lawyers, etc) and this issue is DOA.
Thus I don't see any movement on this subject as far as laws go unless the societal costs are overwhelming and/or the demand for legalization is coming from a large part of the population.
Probably nothing in the next 50 years IMHO.
Sad to say :(
 
progress none the less even if slightly skewed. Legalization makes sense, its just a small handful of elitists make way too much money through the usa gov. playing both sides of the drug trade and keeping it illegal.
 
progress none the less even if slightly skewed. Legalization makes sense, its just a small handful of elitists make way too much money through the usa gov. playing both sides of the drug trade and keeping it illegal.


Yeah those guys are living the life, I'd laugh at legalization too if I was one of them. They're on both sides of the border too. Shame.
 
The people will deman legalization when the mexican gangs and druglords start killing americans, or killing in america. Once it spills over the borders...people will be running about in a panic thinking about the children and what not. So then, they either erect a massive wall along the entire southern border (i see this happening in the future neway), or the legalize drugs to cut out the gangs profit.
 
If the government wants all this drug crime to stop, they should legalize. Just think of how many people are making a shitload of money from selling drugs and such. We all know who is really winning the drug war here. All the big guys are doing is sponsoring anti-drug campaigns and ads...not really solving the problem. And convicting users and throwing otherwise good people into jail for indulging themselves a bit.
 
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