Decriminalizing Drugs - Essay Example

4/27 Decriminalizing Drugs Thesis Since the current US antidrug policies have been proven not to be effective and have not led to decreased rates of illegal drug use, decriminalizing or legalizing illicit drug use may be a more effective alternative and have a beneficial impact on American society as a whole. Outline Introduction An Argument against Decriminalizing or Legalizing Drugs History of US Drug Laws Current Fallout from Drug Laws - Why we need to Decriminalize/Legalize Hard Drugs Proposed Changes, Alternatives or Modifications to the Current System Examination of Successful Programs Elsewhere Conclusion Introduction In the United States, there is much debate about whether or not to decriminalize drugs. Illegal drug use continues in the US despite numerous and aggressive enforcement strategies and legislation aimed at illegal drug sales and use (Reuter 512). In addition to illegal drugs, the rate of prescription drug misuse and addiction continues to rise, with Oxycontin being the most common of these drugs (Grau et al. 169). Regardless of whether the drugs are legal or illegal, drug use and addiction has many direct and indirect effects on society including health costs, crime rates, incarceration, rates, and high costs of enforcement and legislation (Reuter 514). However, as evidenced by the steady increase in drug use, current attempts at drug control do not seem to have any significant effect and are apparently not effective, making decriminalization a more effective alternative. An Argument against Decriminalizing or Legalizing Drugs In the article, “Against the Legalization of Heroin,” de Marneffe presents his argument as to why the United States should not legalize or decriminalize illegal drugs (34-40). The first reason he presents against the decriminalization or legalization of illegal drugs in the US is that it would surely lead to an increase in their use (34). While this premise is based solely on speculation and assumption, and not based on facts or evidence, it is the argument most commonly used by individuals opposing drug decriminalization or legalization in the US. De Marneffe continues the speculation by making the prediction that if drugs (i.e. heroin) were made legal in the US, all adolescents would begin their regular use which would have a detrimental effect on their achievement in the future and general wellbeing (36). This argument is based on the premise that life is especially difficult for adolescents and heroin use is pleasurable, so adolescents would use it regularly to deal with life in general (37). However, like the previously discussed argument, there are no facts or evidence to prove this. In the article, de Marneffe also argues that current drug laws and policies make using illegal drugs (i.e. heroin) more difficult and more expensive, make the drugs less available, reinforce the social norms against using them, and predictably reduce rates of illegal drug use (36). Again, as with his other arguments, there are no facts or evidence supporting this premise; and, the argument is based on speculation and assumption like the other arguments presented in the article (36-7). History of US Drug Laws Throughout the 19th century, illicit drugs such as opium, morphine, cocaine and heroin, were legal in the United States (Echegaray 1217). In 1914, the US Congress passed the first antinarcotics act, the Harrison Act, which was a law controlling the sale and distribution of certain drugs; however, the Harrison Act did not prohibit drugs entirely (1222). The Narcotic Drugs Importation and Export Act dealt with importing and exporting drugs and it was passed in 1922 (1223). By the 1950s, a number of laws were passed that prohibited or restricted using, selling or distributing drugs (i.e. cocaine, heroin) (1225). For example, the Boggs Amendment to the Harrison Act was passed in 1951, establishing a mandatory two-year sentence for convictions of first-time drug offenders; and, the Narcotics Control Act increased penalties for drug related offenses even more and it was passed in 1956 (1225). In order to control the illicit use of prescription drugs, in 1965, the US Congress approved the Drug Abuse Control Amendments (1226). Finally, America’s War on Drugs was declared by President Nixon and the 1970 Comprehensive Drug Abuse Prevention and Control Act were passed; and, it is the main body of legislation the government uses to control drugs in America (1228). Current Fallout from Drug Laws - Why we need to Decriminalize/Legalize Hard Drugs Even with the abundance of antidrug legislation, rates of illegal drug use in the US have continued to increase. Illegal drug use in the US would be constantly declining, or entirely eliminated, had drug control legislation been effective; however, this is not the case. Instead, illicit drug use continues in the US; and, it continues to negatively affect the wellbeing of society as a whole in a variety of ways. Perhaps the greatest impact of illegal drug use on US society is the expenditure of a lot of financial resources to fight America’s “war on drugs” (Echegaray 1228). The creation, adoption and implementation of antidrug legislation, as well as enforcement of current policies, all cost a very large amount of money; and, the health costs of drug-related issues also costs the US a lot of money. All of these financial resources could be more effectively and beneficially spent on alternatives to the current policy, such as treatment and preventive education. Proposed Changes, Alternatives or Modifications to the Current System In recent years, an increasing number of changes, alternatives or modifications to the current system have been proposed in the United States. For example, a current trend, slowly growing in the US, is to remove criminal offenses related to drug use and addiction out of the criminal justice system into special drug courts that focus more on treatment and rehabilitation than incarceration (Nielson 480). Some other proposals include the total legalization of all illicit drugs and the decriminalization of possessing illegal drugs for personal use. Both of these alternatives have been implemented successfully in other countries, giving the US facts and evidence as to the effectiveness of these alternatives. Examination of Successful Programs Elsewhere Illegal drug use had become the biggest public health problem in Portugal in the 1990s. So, in 2001, all criminal penalties for the personal possession of drugs (i.e. marijuana, cocaine, heroin, and methamphetamine) were abolished in Portugal (Szalavitz). While the main argument against decriminalizing drugs in the US is that it will lead to increased rates of drugs use; in fact, since the decriminalization of drugs in Portugal, drug use rates have actually decreased (Szalavitz). Portugal has seen a decline in drug use by teens and an increase in individuals choosing to go to treatment for drug addictions. Furthermore, financial resources previously spent on enforcing antidrug laws can now be better spent on more effective alternatives, such as treatment (Szalavitz). Apparently, decriminalizing drugs in Portugal has made a large and beneficial impact on the overall wellbeing on its society. Most European countries, in fact, have more lenient drug policies than the US; and, most European countries have lower rates of illicit drug use than the US (Szalavitz). The evidence shows that while the US has some of the most stringent drug policies and penalties in the world, it also has the highest rates of illicit drug use. Therefore, the US should seriously consider reforming its current policies and seek more effective ways to deal with illicit drug use, as has been done successfully in other countries. Conclusion Regardless of whether the drugs are legal or illegal, drug use and addiction has many direct and indirect effects on society including health costs, crime rates, incarceration, rates, and high costs of enforcement and legislation (Reuter 516). However, as evidenced by the steady increase in drug use, current attempts at drug control do not seem to have any significant effect and are basically not working. Heroin, cocaine and marijuana have been, and continue to be, the most commonly used illegal drugs around the world, especially in the US; and, despite increased interdiction and seizures by the Coast Guard, and other government authorities, retail prices of heroin and cocaine in the US continues to decrease significantly. Despite all efforts, drug use and addiction continues to be a steadily increasing problem in the US; and, its effects on society are numerous, including increased health care costs, loss of productivity and increased crime rates. The fact that there has not been a dramatic decrease in drug use and addiction indicates that current efforts at drug control, enforcement and legislation are not working. Therefore, the US, as other countries have done, must find alternatives or solutions which are more effective and beneficial to society as a whole, Works Cited De Marneffe, P. “Against the Legalization of Heroin.” Criminal Justice Ethics 22(1) (winter 2003): 34-40. Echegaray, M.M. “Drug Prohibition in America: Federal Drug Policy and its Consequences.” University of Puerto Rico Law Review 75 (2006): 1215-76. Grau, L.E., Dasgupta, N., Harvey, A.P., Irwin, K., Givens, A., Kinzly, M.L. et al.”Illicit Use of Opioids: is Oxycontin a Gateway Drug?” The American Journal on Addictions 16 (2007): 166-73. Nielson, A.L. “Americans’ Attitudes toward Drug-Related Issues from 1975-2006: the Roles of Period and Cohort Effects.” Journal of Drug Issues, 10(2) (2010): 461-94. Reuter, P. “Ten Years after the United Nations General Assembly Special Session (UNGASS): Assessing Drug Problems, Policies and Reform Proposals.” Addiction 104 (2009): 510-17. Szalavitz, Maia. “Drugs in Portugal: Did Decriminalization Work?” Time.com 26 April 2009. Web. 25 April 2011. Read More