Decriminalization of Drugs

• Define Prohibition.

  The act of making something criminal, or making it against the law.

  • This is also called, criminalization, penalization, or anti-decriminalization (all terms mean the same thing).
• Define Decriminalization.

  No punishment for a crime even if you are breaking a law.
• Describe James Wilson.

  • James Wilson's essay represents the prohibitionist position.
  • He was the 1970s Chairman of President Nixon's National Advisory Council for Drug Abuse Prevention.
  • Argued against economist Milton Friedman's stance to legalize heroin.
• What prevented a "heroin epidemic"?

  Health related problems as well as increased price and decreased supply.

  • Most returning Vietnam veterans gave up heroin because of lower availability and sanctions (illegality).
• According to Wilson, who are victims of drug use?

  1. Brain damage to fetus during pregnancy.
  2. Children hurt by neglect.
  3. Families hurt by lost income.
  4. Economy hurt by lethargy.
  5. Society hurt by violent crimes.
• Why do prohibitionists reject decriminalization?

  It wouldn't have enough positive effects on society.

  • Even if crime rates drop, drugs still cause violent mood swings and will be the cause of violent crimes.
  • Positive effects of ending the drug war are offset by the costs of caring for a vast number of addicts.
• What is Wilson's last objection?

  • Mind altering drugs are immoral and destroy the users Humanity. They cause neglect of the user's human world and the world of others.
  • Nicotine and alcohol don't cause the same decay of human Duty and care about the wellbeing of others.
• Describe Douglas Husak.

  • Douglas Husak's essay, "Why We Should Decriminalize Drug Use," represents decriminalization.
• What is Husak's definition of Decriminalization?

  The use of a drug would not be a criminal offense. People shouldn't be punished merely for using drugs (he's not arguing to legalize drugs).

  • There is little punishment for use today, rather it is possession that is punished. But this doesn't change much because one cannot use a drug without possessing it.
  • Even fines and coerced treatment are modes of punishment and should be ruled out.
• List prohibition's reasons.

  • The state must be punish illicit drug users because their actions cause Harm to others. So, Mill's principle of harm prohibit illegal drug use.
  • A cheap, legal supply of drugs would increase the number of addicts.
  • If drugs were legal, the fear of punishment would go away. People who would otherwise quit or refrain would continue use.
• List decriminalization's responses.

  • Evidence shows that very few users cause harm to others. Criminalization punishes many for the sake of the few harmful cases.
  • Laws should not be based on predictions.
  • People don't always quit due to fear of punishment.
• What does Decriminalization say about Prohibition of drugs?

  Prohibitionists give rational arguments for avoiding drug use, but not criminalization.

  • The facts show racial and economic bias. The punished are mostly minorities without power or wealth.
• What would drug prices increase?

  • Once a product enters the market, the state becomes responsible for overseeing its safety and quality. That requires taxes to pay for a new drug safety division of the FDA.
  • Producers set a product's cost high enough to generate a profit and pay for possible harm to consumers. If there are harms, the producer covers harm, not society. Since producers don't want to pay for harms, they would work to increase quality and society.
• According to reports, why might people quit the use of drugs?

  • Bad experiences with use.
  • Heightened health awareness (decreased alcohol, cigarette, and illicit drug use).
• Describe Husak's last points.

  • Decriminalization will end the "forbidden fruit" effect (thrill that comes from doing something rebellious) when thrill of defiance, danger, and deviance goes away.
  • It will prevent lives devastated by arrest and prosecution.