Social issues: Legal history and legalization/criminalization discussion
The other major social issues (NOT unrelated to economics) raised were related to the legal control of drugs. As pointed out in the in-class discussion (and in the online readings), there are legitimate concerns AND advantages for BOTH (1)keeping drug use and distribution illegal and for (2)legalizing use and/or distribution to some extent or another. Simply a CHANGE in policy may be more problematic than any one approach.
Clearly, legal control is focused more heavily on the welfare of society and less on the individual. Further, it sees drug use as a BEHAVIOR that can be willfully changed and, if a threat to society, should be PUNISHED. In contrast, most legalization views focus on the rights and choices of the INDIVIDUAL. In this view, the government has the authority to control the behaviors one does while intoxicated (e.g., dangerous driving, criminal behaviors), but not the intoxication itself which would be an individual's choice.
Yes, criminalization does consider the individual (e.g., decreasing availability as a way to prevent use) and legalization considers society (e.g., legalization will take $ from organized crime and place it into legitimate economy), but the major foci in practice are what I've stated above.
Finally, don't make the common mistake of confusing "harm reduction" with "legalization"-- issues related to reducing harm related to drug use and distribution is separable from the legalization-criminalization debate. Some terms:
 | Criminalization of drugs-- refers to the current status in the U.S. where manufacture,
distribution, sale, and use of certain drugs constitute illegal activities. |
| Legalization of drugs-- refers to legalizing manufacture, distribution, sale, and use of
currently prohibited substances. Propositions range from some kind of regulated sale
and places of use (as is done with alcohol) to no regulation, putting full responsibility
on the individual. |
| Decriminalization-- refers to the elimination or substantial reduction of penalties for
possession of drugs for personal use (i.e., no intent to sell or distribute). The
manufacture, distribution, and sale of these same drugs would still be illegal. |
| Harm reduction-- refers to attempts at reducing the harm (physical, psychological, and social) associated with drug use. Generally, under this view, drug use is most properly a health issue and should be handled within the medical, not the penal, community. |
Arguments for legalization or decriminalization often refer to the harm reduction benefits that may come from such a change. However, one can find harm reduction proposals that do not alter the legal status of drugs.
The examples and distinctions presented in class further clarify these issues. Those that are interested should visit Dr. Robert MacCoun's web page. He has copies of his testimony to Congress, July 1999, and published articles devoted to the topic of harm reduction.
Finally, the history of legal control of drugs in this country is fascinating. In relatively short time, we have moved from no regulation of medicines and mind-altering substances to a very elaborate set of controls. I don't just refer to "pleasure" drugs in relation to this either. Consider the regulation of medicines-- people now protest the lengthy approval process for therapeutic drugs without taking into account the dangers encountered PRIOR to this control. (See History of legal control in U.S. for excerpts from the historical timeline that focus on the developing legal control of drugs (including medicines) in the U.S. Be aware of the major shifts and relative dates (that is, ORDER of events and approximate times of major policy changes). Note also the shift from STATE control with the FEDERAL role being restricted to taxation, to the current FEDERAL control with only STATE differences in implementation.
Ready to test yourself on the major events in the "history of legal control"?
Click here for matching exercise.
For the marijuana chapter, consider it as an example in the context of our discussions. This means, look at its history from the general point of view discussed, but also look at the specifics related to the drug, how society has reacted to it, and how controls have been attempted and why.
Return to Drugs Course Index page
Section 3a-1: Societal issues related to drug use and trafficking