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Against Drug Prohibition | American Civil Liberties Union

More and more ordinary people, elected officials, newspaper columnists, economists, doctors, judges and even the Surgeon General of the United States are concluding that the effects of our drug control policy are at least as harmful as the effects of drugs themselves. After decades of criminal prohibition and intensive law enforcement efforts to rid the country of illegal drugs, violent traffickers still endanger life in our cities, a steady stream of drug offenders still pours into our jails and prisons, and tons of cocaine, heroin and marijuana still cross our borders unimpeded.  The American Civil Liberties Union (ACLU) opposes criminal prohibition of drugs. Not only is prohibition a proven failure as a drug control strategy, but it subjects otherwise law-abiding citizens to arrest, prosecution and imprisonment for what they do in private. In trying to enforce the drug laws, the government violates the fundamental rights of privacy and personal autonomy that are guaranteed by our Constitution. The ACLU believes that unless they do harm to others, people should not be punished — even if they do harm to themselves. There are better ways to control drug use, ways that will ultimately lead to a healthier, freer and less crime-ridden society.  Currently Illegal Drugs Have Not Always Been Illegal  During the Civil War, morphine (an opium derivative and cousin of heroin) was found to have pain-killing properties and soon became the main ingredient in several patent medicines. In the late 19th century, marijuana and cocaine were put to various medicinal uses — marijuana to treat migraines, rheumatism and insomnia, and cocaine to treat sinusitis, hay fever and chronic fatigue. All of these drugs were also used recreationally, and cocaine, in particular, was a common incredient in wines and soda pop — including the popular Coca Cola.  At the turn of the century, many drugs were made illegal when a mood of temperance swept the nation. In 1914, Congress passed the Harrison Act, banning opiates and cocaine. Alcohol prohibition quickly followed, and by 1918 the U.S. was officially a “dry” nation. That did not mean, however, an end to drug use. It meant that, suddenly, people were arrested and jailed for doing what they had previously done without government interference. Prohibition also meant the emergence of a black market, operated by criminals and marked by violence.  In 1933, because of concern over widespread organized crime, police corruption and violence, the public demanded repeal of alcohol prohibition and the return of regulatory power to the states. Most states immediately replaced criminal bans with laws regulating the quality, potency and commercial sale of alcohol; as a result, the harms associated with alcohol prohibition disappeared. Meanwhile, federal prohibition of heroin and cocaine remained, and with passage of the Marijuana Stamp Act in 1937 marijuana was prohibited as well. Federal drug policy has remained strictly prohibitionist to this day.  Decades of Drug Prohibition: A History of Failure  Criminal prohibition, the centerpiece of U.S. drug policy, has failed miserably. Since 1981, tax dollars to the tune of $150 billion have been spent trying to prevent Columbian cocaine, Burmese heroin and Jamaican marijuana from penetrating our borders. Yet the evidence is that for every ton seized, hundreds more get through. Hundreds of thousands of otherwise law abiding people have been arrested and jailed for drug possession. Between 1968 and 1992, the annual number of drug-related arrests increased from 200,000 to over 1.2 million. One-third of those were marijuana arrests, most for mere possession.  The best evidence of prohibition’s failure is the government’s current war on drugs. This war, instead of employing a strategy of prevention, research, education and social programs designed to address problems such as permanent poverty, long term unemployment and deteriorating living conditions in our inner cities, has employed a strategy of law enforcement. While this military approach continues to devour billions of tax dollars and sends tens of thousands of people to prison, illegal drug trafficking thrives, violence escalates and drug abuse continues to debilitate lives. Compounding these problems is the largely unchecked spread of the AIDS virus among drug-users, their sexual partners and their offspring.  Those who benefit the most from prohibition are organized crime barons, who derive an estimated $10 to $50 billion a year from the illegal drug trade. Indeed, the criminal drug laws protect drug traffickers from taxation, regulation and quality control. Those laws also support artificially high prices and assure that commercial disputes among drug dealers and their customers will be settled not in courts of law, but with automatic weapons in the streets.  Drug Prohibition is a Public Health Menace  Drug prohibition promises a healthier society by denying people the opportunit

Source: Against Drug Prohibition | American Civil Liberties Union