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Drug Policy Isn't Futile, But Unpredictable

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Mark, I don't argue that drug policy is futile, at least in the sense that you mean, or that it doesn't have an effect on drug use. It does. The price of a drug certainly has an influence over the rate of the use of that drug.

The three most important factors that influence use are price, availability and perception of a drug's harmfulness or attractiveness, but many other factors unique to time, place and culture also come into play.

But let's stick to your coke example and run through the three biggest factors that influence its use. 1). The drug war has largely failed to make it unavailable. (Certainly, if cocaine were legal, it would be comparatively more available than it is now, so that's worth considering.) 2). The drug war has also failed in its goal of keeping cocaine and other drug prices high. Cocaine is much, much cheaper than it was in the early '80s, despite a 25-year war against it. 3). And coke is still considered to be a very attractive drug, but also one that has a considerable down side.

So the drug war has largely failed in its first three goals and left in its wake millions of lives shattered by enforcement policies. That needs to be considered in the context of the negative consequences of legalization.

I'm not arguing that cocaine use wouldn't increase if it were legalized. It probably would. But I'd challenge some of your assumptions about what the legal trade would look like. Why would alcohol and cocaine have to be on an equal regulatory footing? We have agreed that it's good policy to prevent tobacco ads from airing on TV. We could similarly circumscribe cocaine advertising. In exchange for a federal license to manufacture cocaine, a producer could be required to agree to tight restrictions on advertising - perhaps an outright ban other than a website.

And to use your tax policy example, it would also be reasonable to heavily tax cocaine to keep the price very high. (Plus, every time a Wall Street guy and his three buddies go to the bathroom together, the U.S. treasury takes in a few hundred bucks more.) The stated goal of U.S. drug policy is to reduce consumption by increasing the price through a combination of reducing supply (enforcement, interdiction, eradication) and reducing demand (treatment, education). It would be smarter (and more humane) to influence the price using a combination of tax policy and investment in treatment and education.

Now that we're talking about the relationship between tax policy, price, and use, I'd point out that you've ceded major ground to the legalization side. We're now debating what the most appropriate way to regulate cocaine is. If we find that the tax isn't sufficient to tamp down consumption, we could increase the tax further, which would have the added benefit of raising additional revenue that could be used to fund addiction treatment and an education campaign about the very real risks associate with cocaine.

To be an advocate of legalization, one need not argue that drug use wouldn't go up, but rather that a possible increase is outweighed by the possible benefits of legalization - fewer prisoners, more revenue, more treatment. If use does rise under legalization, remember that that down side needs to be balanced against the consequences of prohibition: thousands in prison and millions whose lives are made more difficult thanks to a drug charge. There are 800,000 people arrested every year for marijuana, after all, who would be better off without that charge on their record. So I would put it back to you this way: Why is prohibition a better strategy to increase price than the one laid out above?

You also write:

"The book also pays a lot of attention to substitution effects, which, you say, makes drug policy a mere game of 'whack-a-mole.' But substitution is only one of two logical possibilities: the other is complementarity... Basically, any stimulant (cocaine, amphetamines, methylphenidate, caffeine) complements any depressant (alcohol, opiates, benzos, barbiturates): think of rum-and-cola or cafe royale, or someone taking a drink or a Valium to get to sleep after a speed or coke run. Roughly speaking, stimulants keep you awake to enjoy more and more of your favorite depressant, and depressants help you come down from your favorite stimulant. More surprisingly, the depressants seem to potentiate one another. Casual drug users are sometimes specialists, but heavy drug users, other than some alcoholics, tend to be generalists. So when people tell me that easing up on drug laws would merely shift drug users around among drugs without increasing the total number of people in trouble, I have to scratch my head. Increased consumption of cocaine would almost certainly lead to increased alcohol abuse."

A couple things here. First, you're conflating a macro analysis with a micro one. You're talking about the specific choices of individual drug users. But in the aggregate, on a macro level, when one drug has become less popular or less available another has often become more popular, more available. Take the reduction in drinking that began in the 1830s and extended over the next several decades. At the same time, opiate use increased. So much of the effort of the temperance movement was for naught.

Importantly, though, I don't argue that legalization wouldn't increase drug use. It would, I think. (Although this Zogby poll found 99 percent of people saying that if hard drugs were legalized, they still wouldn't do them. A few of them are lying, of course, because more than 1 percent of the population already does hard drugs.)

My point, rather, is not that LIBERALIZING drug policies would cause people merely to shift around, it's the reverse: I argue that TIGHTENING policy around a specific drug (say, marijuana in the early '80s) can raise its price or make it less available and lead folks to use something else (say, cocaine) in the aggregate. To be sure, not every individual responds that way, but enough respond that way overall to undermine the overall policy.

I also don't believe that drug policy is "a mere game of 'whack-a-mole." It often is a game of 'whack-a-mole,' but it is also much more than that. It is the ability of drug users to substitute one product for another, however - the 'whack-a-mole' effect -- that makes drug policy so complex and so difficult and leads to so many unintended or unforeseen consequences.

And it's been that way from the beginning.

An 1872 study into the rise of opiate use in America by the Massachusetts State Board of Health, which I write about in my second chapter, concluded that the "most important cause" of the rise of opium was "the simple desire for stimulation." It was the temperance movement that had made alcohol uncool. Opium, however, "can be procured and taken without endangering the reputation for sobriety. In one town mentioned, it was thought 'more genteel' than alcohol." The report goes on to note "between 1840 and 1850, soon after teetotalism had become a fixed fact, that our own importations of opium swelled." The report noted as an aside that it was "curious and interesting" that as wine drinking increased in Turkey, use of opium retreated.

The real point of my 'whack-a-mole' argument isn't to suggest that drug policy is futile. Rather, it's to say that its consequences are wildly unpredictable. The reasons people get high are many and varied: price is among them, but so is societal pressure, compatibility of a given drug with a given lifestyle, and a person's own consideration of the many costs of drug use versus the benefits - a calculation heavily influence by a person's station in life and hope for their own future. (The more hope for a vibrant future, the greater is the disincentive to become an addict.)

The great risk of legalization is a drastic increase in drug addiction, which could shatter thousands of lives. But by tightly regulating and steeply taxing hard drugs - and only doing so after the very gradual legalization of marijuana, a strategy I can elaborate on in a later post -- those risks could be somewhat mitigated. If they're not, I argue in my book that the point will be moot. Our history shows that if we did legalize drugs and people had ready and cheap access to them, we'd go on a college-freshman binge, wake up a few years later and ban everything all over again.

I've been arguing from a public-health policy perspective here, but let me add something else I believe, though I don't make this argument part of the book: It should not be, from a moral perspective, a crime punishable by imprisonment for an adult to voluntarily choose to consume a drug.


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Mark actually ceded so much ground to the legalization side that I kind of thought he was pro-legalization with reservations. He isn't?

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I think you misunderstand the business. With legalization, the cost of bringing product to market should drop, so there is room for significant revenue-producing taxation. Excessive taxation, however, would not change consumption or prices, it would simply guarantee that a thriving black market continues.

If the goal of a policy is to force people not to do something - instead of to ensure safety - the regulatory authority will always be circumvented to the degree that it's efforts have an apparent impact. If the tax is higher than the cost of using a mule from TJ ... the stuff will still flow in the same fashion it does today. In a situation of legalized possession, the danger of a black-market purchase would be negligible compared to today (once the transaction was complete, the buyer's liability all but vanishes). Are you seriously proposing that both sellers and buyers wouldn't just avoid paying a $100-per-transaction tax and keep the current distribution infrastructure? This is even more true for domestic marijuana where the growers already have direct contact with the purchasers and there is no international border to navigate.

Any rational drug policy must be implemented from the goal of providing people who make the decision to use drugs the same level of consumer protection as those who make the decision to consume any other product - like milk. Investments should shift from aggressive police forces that have little impact on the underlying issues related to drug use to support services and mental health professionals so that the system is no longer overwhelmed by individuals looking for support when they decide to change their behavior. The attitude that a valid role of the government is to use coercion in trying to force the public into a course of action needs to be abandoned in it's entirety.

All that said, it seems pretty disingenuous to discuss this issue in terms of cocaine when looking at the real issue in America today. The current question before the American people is if they would like to stop paying to put people in jail and capture tax revenue from the domestic marijuana industry. Muddying the waters by trying to make a unified policy that covers "drugs" seems to engage in the old saw of false equivalence. Without the discredited assertion of marijuana as a gateway ... it seems rather invalid to conflate the two issues.

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Great point. In New York the level of taxation for cigarettes is high and a functioning black market is the result. You can tax it but you can't tax it to the point that it makes economic sense for people to undercut the government.

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This is especially true if the only US policy in Latin America is trying to get rid of the only source of income for a big chunk of some populations without investing real dollars in other industries and/or development programs. Continuing to police drugs in the same way is ineffective and dangerous.

http://www.enewse.com

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so we should only talk about legalizing marijuana because that's the only policy question that's sorta on the table already??

i don't see how a rational discussion of what the legalization of cocaine could (or should) look like 'muddies the waters' or amounts to any sort of false equivalence. those sorts of accusations just come off as the same kind of drug bigotry and hypocrisy that our current framework of prohibition is built upon.

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also, any taxation scheme has an inherent potential to create a black market. and in that, drugs are no different from any other consumer good. your point about the limited potential of an 'excessive tax' to influence behavior is well taken, but you might've noticed that the author says that such a tax could keep the price high, not make it higher.

the majority of the benefits in cost reduction wrt bringing the product to market would confer to legitimate manufacturers and distributors rather than black marketeers and crime syndicates. unless the black market could significantly undercut the regulated market i don't see how they can compete with the legitimacy, convenience, and the quality controls (especially with purity, potency, and consistency) that a consumer could likely find in a regulated market.

a pack of marlboros without a tax stamp is still a pack of marlboros. and the quality (and weight) of a sticky bag of kind buds is easy enough to discern. but if i'm buying a dose of mdma or lsd (or a gram of cocaine) the black market is incapable of offering the sorts of guarantees that a regulated market could (actual micrograms of advertised active ingredient, percent of purity, detailed list of inactive ingredients).

i think for these reasons the example of cocaine is much more instructive than marijuana.

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a pack of marlboros without a tax stamp is still a pack of marlboros.

or maybe it isn't, but it's usually close enough.

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I think that if we, as a society, accept legalization (or for that matter criminalization), we have to accept certain costs.

With alcohol, we accept that some number of people's lives (and the lives of their families) will be ruined by alcoholism. Hence skid rows. And traffic accidents. We offer some help in terms of treatment centers, for those that actually want to "get off the bottle," but basically throw away those that don't.

With tobacco, we accept the premature death of perhaps a half million people a year. (Personal note: my uncle died because my aunt smoked.) More lives thrown away.

If we legalize some or all of the now-illegal drugs, we will need to accept similar costs - dependency, ruined lives, perhaps increased traffic deaths, premature deaths.

On the other hand, we now have enormous social and individual costs associated with prohibition. Ruined lives, increased crime, increased social costs of prisons, and the like.

So, what's the choice going to be? My personal answer is to accept the costs of legalization. I guess in essence, I believe that if you wish to ruin your life, go right ahead.

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With alcohol, we accept that some number of people's lives (and the lives of their families) will be ruined by alcoholism.

This assumes the only regulation available is blanket prohibition or legalization for all. Kleiman's personal alcohol license idea holds a lot of promise in my eyes. I wrote about this just last night. Google "drug licenses".

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I tend to disagree with the position that legalization will increase drug use over what it is today. I think use would remain steady, seeing that whomever wants drugs in our society can already get them very simply. So either way I see access to their supply remaining basically status quo.

In the long run is where there will be a reduction in use. Drugs will no longer be 'pushed' on people on the street. But if they are legalized, or at least some of them, tighter controls than we have on distribution of liquor to minors currently need to be put in place for liquor and all the newly legalized drugs. Kids will be kids and any determined one will be able to get it some how but at least it won't be 'pushed' on them. And actually the way most kids get 'introduced' to drugs is through their parents liquor or medicine cabinets not by street level drugs, though that is probably more a suburban snapshot and inner city kids probably are just as likely to get exposed to street drugs first. But I digress since that doesn't detract from my overall point...

But aside from how to keep them out of the hands of minors I see legalization as a better way to manage our drug use, if that is the goal. As always I return to alcohol to make my point. Not that I drink that much of it, I really don't drink much of it at all lol, but because it is probably one of the most addicting, and powerful, of the intoxicants and the point is there would be much less cost to society if more people, lets say, were chain pot smokers rather than alcoholics.

Let the people who are looking to unwind and enjoy some intoxication choose weed instead of the other drugs and as a society we'd be much better off. For me the question is how to handle the legal obtaining of them once the prohibitions are lifted. The one drug I see as being very problematic in this scenario is Meth and certain peoples needs for bigger and better highs. What are the new drugs that the chemists of today, like Albert Hoffman all those years ago, being conjured up. And most of the stuff being 'invented' now is much more dangerous than Hoffman's LSD.

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And actually the way most kids get 'introduced' to drugs is through their parents liquor or medicine cabinets not by street level drugs, though that is probably more a suburban snapshot and inner city kids probably are just as likely to get exposed to street drugs first. But I digress...

although it has been my experience that whether it's small town, suburbia, or inner city, (excepting the pilfering of their parents' stashes) minors have readier access to illegal drugs (as well as 'controlled' prescription drugs in quantity) than they have to regulated drugs. always easier to buy a bag of weed than it is to buy a bottle of boone's farm.

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always easier to buy a bag of weed than it is to buy a bottle of boone's farm.
Well, sure it is.
Anyone who has legally purchased a bottle (whether as a distributor or a consumer) is in no danger from the act of possessing it.
But if they transfer it to a minor, they are in legal jeopardy - there is an incentive to not do so.

Anyone who has a bag of weed is in legal danger from the moment they get it. Selling half of it to a 14 year old doesn't make the danger any greater unless they're at a school playground. But the danger at the playground is irrespective of the age of the customer, so most folks avoid playgrounds, and sell someplace else.
There's no incentive to keep it from minors that is any greater than the incentive to not have it in the first place.

To my mind, the biggest problem with Prohibition is the violence engendered, and the enrichment of the unscrupulous and violent. Prohibition increases the costs (and profits) of the drug trade, incentivizing violence because there is no legal enforcement of contracts. So lex taleonis is the order of business, and the criminally violent gain resources to engage in other activities.

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But it is even easier, and much cheaper, to raid mom and dad's liquor cabinet.

And I wasn't saying that is where most of the drugs being used by teens are being obtained. All I am saying is that home is usually where the kids first exposure to drugs occur. After that it usually heads onwards and upwards to street drugs for those who enjoyed their first experience with intoxicants...so in that sense we do agree.

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i learned it from watching you dad!

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I think we also have to address the effects of our drug consuption on other countries. I know this falls under the umbrella of our foreign policy also being our drug policy. Mexico is destroying itself, as gangs fight over who is going to supply the marijuana trade to this country. Also, our failed policies in Columbia, trying to stem the tide of cocaine.

In the next few years, it might get to the point where legalization is the only choice. The violence could spill over to the US from Mexico. We can either spend more money on enforcement and imprisonment, or legalize marijuana and start controlling the process and regulating it.

Finally, if we legalize it, we could actually control the potency of the drug. Many people complain that marijuana is getting worse because of the THC levels in the drugs that are being imported. If the government was able to take over regulation of the drug, they could set a limit on the amount of THC contained in the drug.

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Many people complain that marijuana is getting worse because of the THC levels in the drugs that are being imported.

i'm not sure i understand that construction...

marijuana has become more potent. but that is a good thing, not a bad thing. and it is as much the result of better breeding and more sophisticated growing (and harvesting) domestically as anything.

If the government was able to take over regulation of the drug, they could set a limit on the amount of THC contained in the drug.

i fail to see how this would be practical or why this would even be desirable.

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