Drugs are no different to other indulgences, so why are they illegal?

TheBlackPirate

TheBlackPirate

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The Sydney Morning Herald said:
Drugs are no different to other indulgences, so why are they illegal?
Date: December 8, 2015
Harold Sperling


The distinction between illegal drugs and legal pursuits such as alcohol, gambling and cigarettes is irrational.


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The war on drugs is hugely expensive, irrational and has adverse consequences.


How did we get into this bind about drugs?

Smoking cigarettes is enjoyed by a lot of people but it is very harmful to smokers and to others. We know we cannot eliminate smoking by making it a crime. So we reduce the harm by regulating sale and by other measures, such as public campaigns to persuade people to give up smoking, restrictions on advertising, treatment for addiction and so on.

Alcohol is also enjoyed by a lot of people but it causes serious harm to some individuals, to their families and to others. That includes a lot of violence. We know we cannot eliminate alcohol by making drinking a crime. They tried that in the United States under Prohibition and it did not work. So we reduce the harm caused by alcohol by regulating sale and by other measures.

Gambling is enjoyed by a lot of people. It also causes serious harm to some individuals and to their families. We know we cannot eliminate gambling by making it a crime. So we reduce the harm by regulating gambling and by other measures.

By contrast, use of drugs is mostly prohibited, by making possession for personal use a crime. Why a different attitude to drugs? The distinction is irrational.

The distinction also has adverse consequences. The futile attempt to prevent drug use by prohibition is hugely expensive. Worse, it makes criminals out of ordinary people. Bringing people before the courts, stigmatising them as criminals and punishing them by fine or imprisonment is only justified if the conduct is wrong, and seriously wrong at that.

We have eliminated crimes such as vagrancy, blasphemy, adultery, prostitution and homosexual acts because we have come to recognise that these behaviours are not wrong or, as some would say, not sufficiently wrong to justify making them a crime. Using drugs is no more wrong than smoking cigarettes, drinking alcohol or gambling.

There is much that can be done to reduce the harmful effects of drug use. Such measures should not be hampered by the cry that they condone a crime when use should not be a crime. Drug use should no more be a crime than smoking, drinking or gambling. It is time to give up the futile attempt to prevent drug use by prohibition and to concentrate on rational and achievable measures to minimise harm.

Sale is a different matter. We would not contemplate decriminalising the sale of drugs without a regulatory framework to control sale, any more than we would contemplate an unregulated market for tobacco, alcohol or gambling. And there might be some drug products which are so harmful that we would not countenance even regulated sale.

It would take time to devise a satisfactory regulatory regime for the sale of drugs. That is for tomorrow. Meanwhile, the abolition of the crime of possessing drugs, where possession is for personal use, is something that can be done today.

Harold Sperling, QC, is a retired Supreme Court of NSW judge.
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http://www.smh.com.au/comment/drugs...-so-why-are-they-illegal-20151208-glibh4.html
 
In such alarming regressive times in America it is a bright spot of my day to read articles that point to the ever-crumbling War on Drugs. From the UN to countries all over the world, harm reduction and decriminalization are being put forth by people that may never have dared even consider these ideas a decade ago. As in the case of the Berlin Wall coming down, I never thought I would see the status-quo thinking on prohibition begin to crumble in my lifetime, but indeed it is.
 
^ and these are politically dark times in Australia too - we are decades behind (parts of) the US when it comes to drug law reform (federal parliament finally passed a bill last week paving the way for the use of medicinal cannabis to be cultivated and prescribed) - so i'm really pleased to read such an article and see that it was published in a conservative newspaper, written by a retired Supreme Court Judge.

Momentum is finally gathering over here, after many years of stagnation. I do hope to see meaningful reform, and try to maintain hope and optimism, but i'm not going to get too excited just yet.

Thanks for posting this, BlackPirate, and much love to you Herbie <3
 
herbavore said:
In such alarming regressive times in America it is a bright spot of my day to read articles that point to the ever-crumbling War on Drugs. From the UN to countries all over the world, harm reduction and decriminalization are being put forth by people that may never have dared even consider these ideas a decade ago. As in the case of the Berlin Wall coming down, I never thought I would see the status-quo thinking on prohibition begin to crumble in my lifetime, but indeed it is.
Click to expand...

I also feel that today. We are considering ideas we should think about in the future.


I hope Americans keep the momentum of MAPS research, cannabis reform, and decriminalization of recreational drugs. The United States began the War on Drugs and aggressively proselytized these failed policies. Perhaps our citizens, in general, can't recall this fact. I guarantee people in the non-English speaking world recall the War on Drugs was created by us.

The era of criminalizing the public health problem of addiction and criminalizing the personal choice of drug consumptions is indeed ending. Frankly criminalizing these behaviors isn't effective. The social consequences of the War on Drugs including mass incarceration are details other countries notice.

The United States' War on Drugs created especially disastrous consequences in Central America and South America. The fact the United States was the primary advocate of these failed policies is something those politicians easily notice as well.

I hope Americans keep the momentum of MAPS research, cannabis reform, and decriminalization of recreational drugs because the international War on Drugs is ending without or with the consent of Americans. If we irrationally continue these failed prohibitionist policies then the the United States and Americans receive full blame as the unrepentant cause of these international problems. This hurts the reputation of the United States, reduces this countries credibility in international negotiations, and eventually inevitably hurts our economy during these pivotal years the Federal Reserve attempts increasing the rock bottom Federal Funds Rate.

I hope Americans keep the momentum of MAPS research, cannabis reform, and decriminalization of recreational drugs because if Americans are progressive then Americans come out of this as leaders. We can't undo the past. The future is in our control. Lets come out of this era as leaders providing others with solutions and a map.
 
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