Arguments for Drug Legalization and Regulation
I have recently attended jury duty on a Special Narcotics Unit Grand Jury
I believe that full drug legalization and regulation is the best solution for our current political context in the Americas
My experience as a juror has not changed my opinion on the subject, but has reinforced it and caused me to articulate the reasons for my beliefs more fully than I have in the past.
Free market competition is the only effective way to prevent the unregulated sale of dangerous substances at the street level
Competition from the drug industry would take all the business from street vendors, gangs, and criminal producers of drugs
It would be in the industry’s best interests to submit itself to regulation, as the alternative, criminalization, would present far greater risks and operating costs to the industry
Deregulation efforts will most likely not include the producers of drugs, who will still have incentive to commit violence in this scenario, and thus drug industry on the production side will not easily and cost-effectively be able to expand as much as it would in a legalized scenario. This would give producers incentive to participate in a legalized market instead of an illicit one
Customers will almost certainly go for the legitimate option with no legal consequences rather than risk legal consequences by purchasing illicit substances on the street
Customers can achieve greater confidence about what they are actually purchasing (purity, dosage, etc.) in a legalized and regulated industry than they could in an illicit or deregulated industry
Illicit industries reward people who are mentally unstable. Legitimate industries exclude these people from gaining control
Illegal industry incentivizes and rewards mentally unstable or insane people to participate. These are people who would not qualify for a job that carries much responsibility in a legalized and regulated industry
These people are the most likely to rise to the top in an illicit industry, as any means of operation is possible when your industry is already secret and clandestine out of the view of the public and authorities, and the most brutal and ruthless tactics and the ability to take extreme risks (which sane people would otherwise not attempt) will deliver the most advantage in this scenario
The drug war creates and sustains violent gangs
Gangs recruit members from childhood and teen age, either voluntarily when people live in situations that compromise their judgement or when the gang presents a real potential benefit to their lives, with children and teenagers being incapable of understanding the consequences or predicting how the situation could play out long term, or the gangs violently force people into their their ranks. Once involved, participation is mandatory, there is no escape for most and thus there is no other choice than to participate or face horrifying retaliations including death
The drug trade facilitates gang formation and gang activity more than any other source of revenue, it exceeds, by far, revenue from extortion, robbery, pimping sex workers, etc.
Gangs establish criminal networks and build transportation systems that allow them to transport drugs, guns, people across borders, anywhere they want. Once these routes are established they can be used to transport many things other than just drugs. Taking drugs out of the picture greatly reduces the ability of the gangs to construct these systems and conduct crimes across the spectrum
Ultimately, legalization will reduce violence
With gangs and other violent actors competed off the streets, violence will be reduced: particularly gun violence within cities
People need catharsis. Just as the increase in the popularity and availability of violent video games have been correlated with a reduction in street violence, access to the psychoactive experience in safe and controlled settings may further reduce motivation to commit acts of violence
Addicts can gain a social safety net through regulation
Prostitution is commonly resorted to as a means to maintain access to drugs in the case of addiction, and there may not be a need to obtain money this way if the industry was regulated such that drug prices can become cheaper than they are now, and such that proven addicts can receive free rehabilitation treatment, as an exchange by the industry for permission to remain in business
The legalization or decriminalization of sex work can further serve to create a safer society in the presence of drug use
Legalization can prevent the spread of disease
HIV and Hepatitis can be contracted via stays in prison in the case of rape and the other violent interactions that occur within these spaces, through the use of dirty needles, and through prostitution. The drug war creates circumstances that facilitate the spread of diseaseÂ
Punishment makes life hard for people, prevents participation within the legitimate economy, and puts criminals in contact with each other, thus creating a self-feeding cycle
Prison stays reduce income and savings for convicts. Criminal records, trauma, visible scars and tattoos from prison and forced gang involvement makes it difficult for ex-convicts to participate in the legitimate economy, thus creating renewed incentive to sell drugs or resort to prostitution once they are freed
Prison concentrates criminals and allows them to network thus perpetuating the drug trade
Aggression within prison can aggravate people and turn them into violent criminals or addicts to cope with the trauma and aggravation
Inmates are commonly forced to use drugs in order to test potency of drugs smuggled into prisons, and are forced into addiction as a method of extortion. Prisons perpetuate addiction and produce new addicts this way
There is so much economic incentive to sell drugs that criminalization is basically just a perpetual game of “Whack-a-Mole”, except with dire consequences for society
If you arrest one dealer another will come up in their place weeks to months laterÂ
The generational aspect of human procreation will ensure that there is always someone emotionally immature to pick up the torch in the illicit drug market. The younger generations will enter the market before they are old enough to understand the history or the consequences, and they will fill in the voids left by established dealers who have been incarcerated
Unregulated drug markets can be exploited to push drugs on children and trick people into taking addictive drugsÂ
Drug dealers are free to lace drugs with other drugs (like mixing heroin into cocaine) or to present drugs as different from what they are in an effort to make sales or get people addicted to the drugs they want to sell. A legalized industry can avert this by requiring the provision of transparent information about the drugs being sold
Drug dealers are free to violently push drugs on kids and sell to children or teens. Legalized industry can be effectively regulated to prevent this
An illicit industry will target people of poor mental health and addicts to sell drugs
An informed public can make responsible decisions about what to purchase and how to safely handle the effects of drug use within society
Reduction of stigma and open conversation as well as transparent information surrounding the drugs will allow the general population to become familiarized with the effects and dangers of the drugs. This will lead to greater public awareness and thus more responsible and informed consumption, as well as giving the public information necessary to implement effective regulations as the situation evolves
Regulations can effectively prevent industry from hiding facts about their product or irresponsibly commercializing it
Dosage will be much more reliable with legalized industry thus overdoses will be prevented
Increased visibility into the lives of addicts will act as a strong deterrent especially for those who are too young to comprehend the real life consequences and ease of addiction of some substances. Parents should already be showing their children documentaries of real life drug addicts as there are many now, freely available on YouTube, etc. which are far better of a depiction of the problems surrounding drug use than any PSA or educational videos I watched in school (I’m a 80′s-90s kid..)
The dangerous crimes committed by drug addicts can be prevented through harm reduction techniques
If the industry is regulated to support the addicts they create and detox them, etc., then theft and prostitution on behalf of the addicts can be averted
Reach out at point of sale can offer mental health services and mental health checks may be required to obtain certain drugs. Alternatives may be offered to prevent incentive for customers to obtain drugs on the street
The development of dangerous synthetic drugs and alternatives to illicit substances may be averted by legalization of safer and more natural drugs
The development and distribution of dangerous alternatives such as k2 and fentanyl can be averted if safer drugs are produced at scale and sold at competitive prices
The drug industry will produce benefits for all aspects of society as a side effect of the economic activities surrounding this industry
Technology will be progressed as research and innovation in the drug space is legalized and incentivized. This increases the potential for safer drugs to be developed and for more effective methods of detox, addiction prevention, and rehabilitation to be developed
The presence of a legalized industry will increase legitimate and stable economic opportunity spanning many fields
People who would otherwise have jobs as illicit or underground drug dealers could have jobs in a legalized industry which they can list on a resume, thus increasing economic mobility for large portions of society
Drug legalization can prevent global international economic instability and prevent immigration crises
Control over the production supply chain by a consumer base can prevent terrorist activity, the rise of gangs and the rise of warlords outside the country, as these organizations have historically gained traction through the exploitation of the drug trade. A competitive legal industry could serve to legitimize the operations of these organizations and provide incentive for them to pursue peaceful relations with local people and the outside world. Otherwise a legalized industry would fill market demand and compete these organizations out of existence.Â
Economic stabilization can limit emigration, as in the case of economic migrants, and make the world more secure globally
Removing power from gangs and drug lords will prevent emigration, as it would prevent the creation of refugees fleeing from the circumstances these organizations create
The following points present my suggestions for the most practical and effective regulation techniques
Price controls should not be established. Price should be competitive, to make the products sold by legalized and regulated industry more appealing to consumers than the products of an illicit industry (because they would cheaper, as well as being of higher verifiable quality, etc.) We are already seeing this effect with legalization efforts in the United States, in which black markets are still thriving because states are artificially increasing the price of legal drugs such that they aren’t competitive compared to black market products
Machines, procedure, and telemetry can be used to regulate the distribution of drugs such that the drugs don't end up on the street. We can distribute cash effectively with ATMs so we should also be able to distribute drugs in a similar way
The industry should be established in an incremental way such that people who may be effected by the change are compensated or given an advantage in establishing legitimate business, so not to disrupt local economies which may be reliant upon illicit drug trade and shift economic power away from minority social groups who may be most subjected to the street-level manifestations of the industryÂ
Gangs will retaliate for a long time as their business is being taken from them. We created a beast with the drug war and it will not easily disappear, so the development of a legalized industry must be looked upon as a long term endeavor, and we must stay the course despite retaliation and the fear it will cause
The effects of drug use can be insulated from technical industries through the use of systematic drug tests and the use of sophisticated and highly redundant quality control and assurance methods. Engineers, doctors, and pilots will not all become drug addicts if these industries use techniques to prevent drug use among its highly skilled employees
Most jobs are relatively low risk and thus regulations should not attempt to keep everybody who participates in the work for to stay clean of drugs
To prevent drugs from being bought and resold on the street, certain drugs may be regulated such that they must be administered on site.Â
To prevent dangerous activities of drug users while they are on hard drugs such as LSD or other psychedelic substances from affecting others within society, certain drugs may be regulated such that they must be administered on site.
Further, only small amounts may be sold to any given person at a time. A potential mechanism to facilitate this regulation would be the use of cards that may be issued to allow cartels of sellers to keep track of how many items a particular customer has purchased in a given time. These cards or ids could be distributed such that the identity of the person is not stored or even used at all. An application and renewal process may need to exist involving psychiatric vetting and physical identification. The ability of central authorities to link identities to history of purchase can present a risk to customers.Â
Trained and certified staff, like doctors, psychiatrists, and professionals trained in restraint, as well as supporting facilities, may be required for certain commercial operations, particularly those which require administration of site due to potent disorienting effects of certain substances. This may seem like a nightmarish setting in which to consume drugs, but these types of facilities could be made presentable and fun. Commercial operations will find ways to create appealing experiences within the frameworks of regulation
Consumption off site may present risk of use while operating sensitive machinery or automobiles. This may provide further motivation to enforce consumption on site or to use some other method of prevention like confiscation of car keys and offer of driving service on site
Transport of substances off site may be necessary to increase the appeal of legalized product and allow the legalized industry to effectively compete with criminal enterprises, although consistency and quality of product along with lessened prices may be sufficient. The resale of substances may primarily target those who are underage since this is a market that most likely would not be served in the case of legalization, which would make this aspect of regulation a point of contention. Decriminalization allows that underage market to be served, but Portugal has shown positive results after decriminalization.Â
To mitigate the size of the underage market which thus creates a niche for gangs and other violent actors to fill, lowering of legal ages of consumption may be practical. One of the points of legalization is to prevent the rise of violent criminal organizations and the negative effects they have upon society. The negative effects of increased consumption among youth may be outweighed by the prevention of violent crime.Â
Mental health checks may be required for the purchase of certain substances
The economic stability of individual customers may also be necessary to evaluate in order to sell to certain individuals, so that drugs aren’t allowed to be sold to someone who is destitute or at risk of becoming destitute
The industry may provide rehabilitation services in many ways, taxation may serve as an effective means to establish a universal robust rehab system and welfare program requiring that rehab be carried out, so that people have a chance to rebound in case they become addicted and aren't forced into prostitution or to commit acts of theft to support drug habits. The worst that could happen in the scenario of legalization is that more people become addicted to drugs (and also driving becomes less safe as a side effect of increased drug use) If drugs are not criminalized and there is no violence surrounding it, and if prices can be brought down because of decreased risk associated with doing business, then people should be able to cope with their problems and function as addicts with (maybe) a lessened capacity to perform work (Joseph McCarthy was a heroin addict for example) until they gain the ability to overcome their addiction. Welfare as described above would probably be cheaper than paying police to enforce drug laws and to incarcerate people, and the industry would further provide benefit to the social mobility of economic minorities which would increase the power of local economies. The spread of disease would be prevented which would collectively save society a lot of money and provide stability. The industry could also be taxed to supplement the cost of this kind of welfare, so the industry and the surrounding regulatory infrastructure should easily have the ability to solve any problems that the industry createsÂ
Counter arguments to legalization, in support of criminalization
Arguments may be made that criminalization is the desirable solution, in order to insulate ones children or family from access to substances. Many people would support this argument even if it means that economically disadvantaged children suffer more as a consequence. Ultimately, people will want to protect their own children at the cost of everyone else’s safety. Criminalization may be an effective way to achieve this morally questionable goal.Â
However, one may say that the immense emotional responses individuals may experience when considering effects on their children may cloud judgement and, further, families with economic means to escape risky situations may be isolated from the reality of the situation in the places that drug trade and drug use manifest their effects. Negative effects of criminalization may simply be transferred to other areas or other countries, particularly those without the economic means to carry out criminalization effectively. One may describe this tactic as classist or selfish in motivation. Legalization may pay for itself and thus prove to provide a more equalized solution while maybe not being able to achieve the classist goal of total isolation from access to drugs for certain segments of society (wealthy people’s children, etc.)
Increased presence of police in neighborhoods supposedly reduces crime. My question is: what kinds of crime? Maybe violent crime, robberies and overt drug sales are prevented, but drug transactions may actually still be occurring in the area, but just undetected. Also, increased better economic circumstances may correlate with police presence, so how can we know if this phenomenon caused the change or if some phenomenon in parallel caused the change, like greater access to technology for those who can “afford” to have more police in the neighborhood (local governments typically assign greater police coverage to areas of greater economic circumstance)
I have been told, though I have not yet found material on this yet, that the string of violent crime in the 80′s caused by crack addiction, which particularly instigated addicts to commit violent robberies with handguns and knives in order to support their addiction, was only solved by mandatory minimum sentences. However, through legalization, cocaine may reach a low enough price point and safer alternative drugs may be cheap enough and prevalent enough that crack wouldn’t be a popular phenomenon anymore, rehabilitation programs would be more available, and the sale of crack may even be effectively outlawed through regulation.
The U.S. military argued as to the use of psychedelic drugs, which are undetectable in tests and can exhibit after effects long after consumption, that it could be dangerous if somebody experienced a flashback spontaneously while in operation. A legalized industry may actually serve to prevent this from happening as there would be no legal consequences and less social consequences for disclosing prior use of drugs while being vetted for positions. A relative literally told me he and his company literally hallucinate on LSD while they were actively working on aircraft carriers in the military. This was after LSD had been illegal for a long time. Only in the case of a draft might the military be forced to accept people with this history of drug use. Maybe this potential for error would serve as a deterrent to enter into war and an incentive to prevent wars from escalating to the point of necessitation of a draft