Hubris

“Prohibition Didn’t Work With Alcohol & It’s Not Working With Drugs”

The Polemicist

by Michael House

Michael HouseLONDON, England—(Weekly Hubris)—4/19/10—A brave and wise senior police officer has called for the decriminalization of all illicit drugs and an end to the failed “war” on drugs. Richard Brunstrom, the Chief Constable of North Wales, made his controversial pitch to his local police assembly on Monday. He was later supported by General Lord Ramsbotham, former Chief Inspector of Prisons.

In the 1920’s, the US introduced a policy of prohibiting the sale of alcohol. The result was the relentless growth of gangsterism, violence, and crime, generally. The experiment was abandoned in 1933. Al Capone was put out of business overnight. It is time Britain abandoned her home-grown prohibition, which the Home Office estimates costs £15 billion a year.

Britain’s policy on banning the sale of dangerous narcotics is a mess. The most dangerous drug in Britain is tobacco. It kills over 100,000 people a year and maims many more. It is perfectly legal. Alcohol kills a few thousand every year as well. Over half of all violent crime in the UK is attributable to alcohol. It is not only legal, but the government encourages 24-hour drinking and the yob culture that goes with it. Libertarians argue that the government has no right to interfere with what people choose to put into their bodies. That argument has obvious flaws. But if it applies to alcohol and tobacco, it applies equally to heroin and cocaine.

Cannabis has a long history in the Caribbean as a medicine on islands where doctors are few and far between. It is a well-recognized pain-killer, effective in conditions for which nothing else works.  It doesn’t kill anybody, but can be dangerous for people with mental health problems, although not as dangerous as alcohol. Possessing cannabis carries a maximum two-year prison sentence. Supplying it carries a maximum of 14 years.

Heroin and cocaine are dangerous, and do kill people, but far fewer than tobacco or alcohol. They are heavily addictive, especially heroin. Huge volumes of acquisitive crime—robberies, burglaries and thefts—are carried out by addicts who cannot otherwise afford their next fix. An estimated 60 percent of recorded crime is drug-related. Because drugs are illicit, there can be no quality control—hard drugs are sometimes mixed with potentially lethal cutting agents. Gangs fight and kill in turf wars over territory. Gun crime grows, with offenders getting younger and younger. Kids see dealers in their flash cars and want to emulate them. There are three routes to rapid wealth for working-class kids: footballer, pop-singer, or drug-dealer.

Our overflowing prisons are filled with dealers and, in particular, drug-couriers, bringing in heroin and cocaine from abroad. Sentences have escalated over the years, with no discernable deterrent effect. Send a dealer to jail and there will soon be another to take his place. A tragic by-product of illegality is that young men and women (more often women) from dirt-poor countries, or working-class Brits who are promised a free holiday, all expenses paid, bring drugs into the country. Often they swallow them in supposedly impermeable containers—if the containers burst, they die.  They are often caught and receive savage prison sentences, often in double figures for a large consignment.  Some of the foreigners are so poor than they are able to send money home to their families from their meager prison earnings.

Police and Customs often triumphantly announce major drug seizures. The result is that street prices go up, addicts become ever-more desperate for money, and yet more people are robbed and burgled.

Young people rebel—it is in their nature to do things their elders disapprove of. Because they are illegal, drugs are glamorous. Kids use cannabis and like the feeling. It is illegal, but it does them no harm.  Therefore, the other drugs that are illegal are probably harmless as well, right? Wrong. By the time they find out the truth, it is too late. And, of course, it brings the law into disrepute when it is openly flouted: 500,000 youngsters use ecstasy every weekend. In a survey, 30 percent of 15-to-43-year-olds admitted having used cannabis in the previous 12 months. If a law is unenforceable, drop it.

There are two possible routes to dealing with the drugs epidemic. One is to destroy supply by destroying demand. Send every user to jail, followed by compulsory rehab. Really make deterrence work. Of course, if parking illegally were punished by death, people wouldn’t park illegally. But there has to be a sensible balance in a civilized society. Zero tolerance would mean billions spent on new jails, on rehab centers and their staff.  Thousands of middle-class parents would not relish having to visit their offspring in prison. This option might conceivably work but, for other reasons, it’s a non-starter.

So we can go on as we are, sticking our fingers in the dyke as the floodwaters rise around us. Or we can decriminalize. We can license drug production, introduce quality control, tax drugs, and sell them at registered outlets or prescribe them to addicts. The huge savings on prisons (it costs more to keep a kid in detention for a year than to send him to Eton for a year) and police resources, and the revenue raised in taxation, could be spent on rehabilitation centers and sensible education campaigns. Don’t tell boys that heroin will kill them; tell them it makes their breath stink and makes them unattractive to women. Tell girls that drugs will make them spotty and give them wrinkles.

Courage and imagination can beat the scourge of drugs. But no British government will risk being crucified by the tabloid press.

(Personal note: I have no axe to grind here—the changes I propose would probably halve my income as a barrister.)

Michael House, FRGS was born, of rural, peasant stock, in Somerset, England. He read law at Exeter College, Oxford and was elected President of the Oxford Union. In 1974, along with five colleagues, House started up a set of barristers' chambers in three little rooms in Lincoln's Inn, London, specializing in human rights and in representing the poor and dispossessed. The set now comprises 170 members and occupies a 17th-century building that was home to the only British Prime Minister to be assassinated (Spencer Perceval, 1812). In 1987, depressed by Mrs. Thatcher's third election victory, House fled to Greece for three years, where he was published in The Athenian and The Southeastern Review. He also there met his archaeologist wife, Diane. The pair returned to England in 1990 after a half-year, round-the-world trip, and settled in London and Northamptonshire. Since then, by way of escape from humdrum criminality, House has traveled in Tibet, Nepal, Sikkim, Ladakh, Uzbekistan, India, Pakistan, Turkey, Morocco, Syria, Jordan, Libya, Mongolia, Kashmir, and Sri Lanka, where only the stout walls of Galle Fort saved him and his spouse from being swept away by the tsunami. House returns to Greece, his second home, almost every year. He has written for, inter alia, History Today, the Universities Quarterly, the Sydney Morning Herald, and the Rough Guide to Greece. House practices criminal defense law from Garden Court Chambers, Lincoln's Inn Fields, in London, and hopes that if he keeps on practicing, he may eventually get the hang of it. His yet unachieved ambitions are: to farm alpacas; see Tibet liberated from the Chinese jackboot; and live to see Britain a socialist republic. (Author Head Shot Augment: René Laanen.)

3 Comments

  • Michael House

    P.S. Please go at once to Avaaz.org website and sign the petition against lifting the ban on whaling. Time is running out. Act now!

  • Mano Scritto

    “decriminalization of all illicit drugs”. It’s the word “all” that throws me. I have no problem with cannabis, pot, wacky weed, smoke, boo or whatever you want to call it. As a recreation drug, why not? As a medical palliative it’s attributes can no longer be denied, even by aristocratic afternoon tea drinking prudes. By the way, “tea” used to be another term for the aromatically pungent hand rolled or pipe filling canabis leaves. Oh, oh, I’m getting a nostalgic memory of the bong I had many decades ago. (A type of water pipe, not a cymbal like instrument)

    Legalization would not only accomplish a reduction of prison cell usage, (if you make a telephone call in prison, do you use a cell phone?), it would also reduce expenditures used in law enforcement administration and the affiliated problems of crime used to finance drug traffic. Legalization would also provide means to insure a quality product. There was neither consolation nor remedy when you got ripped off with lousy product. No guarantee or warranty here.

    Back to the word “all”. I don’t want all of the crap we see on the streets (more likely in alleyways) to be legalized. I have a really strong objection to regulating, read that as allowing, crack, cocaine, heroine and many other “hard core” drugs to be main streamed, read that as main lined, to the public. Let’s not dump all chemicals into one bin. There is a difference to be recognized. The big problem is who has the knowledge and wisdom to determine the merits and liabilities inherent in each.

    Am I starting to sound like an aristocratic afternoon tea drinking prude? I don’t even like tea.

  • Michael House

    Legalization would result in fewer ‘hard’ drugs being consumed, in safer quantities and with quality control. The glamour (sorry, glamor) of the illicit would disappear. Lives would be saved and property crime dramatically reduced. That’s the utilitarian argument (or part of it.)

    For right-wing opponents of “big government”, the argument should be a principled one – what I choose to put in my body is not the business of the State. It follows that those who sell me the stuff should not be persecuted.

    No-one respects laws that do not make sense. Alcohol and tobacco (and probably trans-fats) cause infinitely more harm than heroin or cocaine, and they are perfectly legal. No wonder the young think their elders are hypocrites.