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(photo credit: REUTERS)
In 1920 the United States embarked on a “noble experiment”: a nationwide ban on
the production, sale and consumption of alcoholic beverages. The object of the
ban, which was passed after being approved overwhelmingly in 36 of the 48
states, was to fight the scourge of alcohol overuse: disease, crime, wasteful
spending, family neglect, abuse and so on.
The ban did in fact enjoy some
success in reducing drinking, including problem drinking, but the country
quickly came to the conclusion that the costs were unbearable.
the predictable costs of deprivation and inconvenience for responsible drinkers,
and the huge loss of revenue to the beverage industry and to the national
coffers (prior to prohibition, about a third of federal revenue came from taxes
on liquor), Americans saw a greater and unexpected result: a huge increase in
the extent, power and violence of organized crime.
It turned out that the
demand for liquor could not be legislated away, and the legal industry was
overnight replaced by an illegal one – one that enforced its market power
through violence rather than contracts, and which supported public officials
through bribery rather than through taxes.
The liquor industry was
transformed overnight from a huge boon to the public purse to a huge burden on
it, as armies of law-enforcement and tax-enforcement agents sought to bring the
offenders to justice.
Only 13 years after it was imposed, prohibition was
This week the distinguished commissioners of the Global
Commission on Drug Policy reached the conclusion that the prohibition on
recreational drugs is having the same effects and that the lesson should be the
same. The commission, which includes Greek Prime Minister George Papandreou,
former US secretary of state George Schultz, former UN secretary general Kofi
Annan, and former US Fed chairman Paul Volcker, recommends ending “the
criminalization, marginalization and stigmatization of people who use drugs but
who do no harm to others” and “experimentation by governments with models of
legal regulation of drugs to undermine the power of organized crime and
safeguard the health and security of their citizens.”
The commission said
despite the commendable objectives of the worldwide war on drugs, hindsight and
careful examination of the relevant research had led to the conclusion that the
benefits of the prohibition have been much less than expected, and in some cases
nonexistent, while the costs have been enormously greater than originally
Organized crime, financed by the drug trade, threatens the
very existence of political stability in many countries, the commission said.
And the effect of decriminalization on the amount of drug use has been
considerably smaller than what was thought and sometimes feared, it
The report points out that while drug use is ultimately a
public health concern, its criminalization makes it virtually impossible to deal
with the public-health aspects of drug use with the normal tools and agencies –
since every patient is simultaneously and automatically a criminal. So even
putting the problem of organized crime and law enforcement expenses to the side,
criminalization constitutes to a large extent an obstacle to dealing with the
very problem it was meant to remedy.
I think the commission’s report is
worthy of careful study. It is nearly universally accepted today that
prohibition was foolish and counterproductive, and the parallels to the war on
drugs deserve a broad public discussion.
One reservation is that research
studies done under the current worldwide regime cannot necessarily be easily
extrapolated to a different worldwide approach. Local decriminalization could
have a larger effect than large-scale, because a small, lenient locale will
attract users from around the region or the world. Or it could have a smaller
effect; even if drugs are legal in a small region, residents may still find it
impossible to obtain drugs because they are illegal in surrounding locales, or
because widespread decriminalization would remove the stigma of drug use in a
way that regional leniencies would not.
There are no easy answers to the
scourge of addictive and mind-altering drugs, but the topic deserves more
discussion than it receives.
This new study is a worthy contribution to
the public discussion.
Meir is research director at the Business Ethics Center of Jerusalem, an
independent institute in the Jerusalem College of Technology (Machon Lev).