Prohibition (drugs)
Encyclopedia
The prohibition of drugs through sumptuary
legislation
or religious law
is a common means of attempting to prevent drug use
. Prohibition of drugs has existed at various levels of government or other authority from the Middle Ages
to the present.
While most drugs are legal to possess, many governments regulate the manufacture, distribution, marketing, and sale of some drugs, for instance through a prescription
system. Only certain drugs are banned with a "blanket prohibition" against all use. However, a continuing problem remains in effect, as the prohibited drugs continue to be available through illegal trade, see illegal drug trade
, also known as the Black Market. The most widely banned substances include psychoactive drug
s, although blanket prohibition also extends to some steroid
s and other drugs. Many governments do not criminalize the possession of a limited quantity of certain drugs for personal use, while still prohibiting their sale or manufacture, or possession in large quantities. Some laws set a specific volume of a particular drug, above which is considered ipso jure
to be evidence of trafficking or sale of the drug.
Islamic countries mostly prohibit the use of alcohol
. Many non-Islamic governments levy a sin tax
on alcohol and tobacco
products, and restrict alcohol and tobacco from sales or gifts to minor
s. Other common restrictions include bans on outdoor drinking and indoor smoking
. The United States (1920–1933), Finland (1919–1932), Norway (1916–1927), Canada, Iceland (1915–1922) and the USSR (1914–1925) had alcohol prohibition
.
s has occurred since prior to civilization
's existence. Religious governments probably began to criminalize drugs' possession and trade in the Middle Ages
, and such legislation has continued until the present day, by both religious and non-religious governments. In the 20th century, the United States led a major renewed surge in drug prohibition called the "War on Drugs
". Today's War on Drugs bears many similarities to earlier drug laws, particularly in the motivation to prevent drug use.
Motivations claimed by supporters of drug prohibition laws across various societies and eras have included religious observance, allegations of violence by racial minorities, and public health
concerns. Those who are not proponents of anti-drug legislation characterize these motivations as religious intolerance
, racism
, and public healthism.
under Islamic law (Sharia
), which is usually attributed to passages in the Qur'an
dating from the 7th century. Like other Sharia laws, alcohol prohibition is enforced by Mutaween
, the Committee for the Propagation of Virtue and the Prevention of Vice. Some Muslim scholars assert that this prohibition actually addresses only the abuse of alcohol, but they do not have sufficient numbers or authority to override the familiar total prohibition. Although Islamic law is often interpreted as prohibiting all intoxicants (not only alcohol), the ancient practice of hashish
smoking
has continued throughout the history of Islam, against varying degrees of resistance. A major campaign against hashish-eating Sufis was conducted in Egypt
in the 11th and 12th centuries resulting among other things in the burning of fields of cannabis
.
Though the prohibition of illegal drugs
was established under Islamic law
, particularly against the use of hashish as a recreational drug, classical jurists
of medieval Islamic jurisprudence
accepted the use of hashish for medicinal and therapeutic purposes
, and agreed that its "medical use, even if it leads to mental derangement
, remains exempt" from punishment. In the 14th century, the Islamic scholar Az-Zarkashi spoke of "the permissibility of its use for medical purposes if it is established that it is beneficial."
Religious intolerance
was a motivation for drug prohibition in Christian Europe. In Meso-America and South America, peyote (péyotl)
, ololiúqui, toloáche
, teonanácatl and other sacred plants of the Mexican
culture were prohibited as works of the devil
.
In Northern Europe, the Protestants were also responsible for passing drug laws motivated by religious intolerance, according to Stephen Harrod Buhner. Buhner argues that the 1516 Reinheitsgebot
, which stipulates that beer
may only contain water, barley
and hops
was a "reflection of Protestant irritation about 'drugs' and the Catholic Church". Unlike the typically nuts blends widely used at the time (e.g. gruit
), hops cause sedation
and reduce libido
. The exclusive use of hops had been compulsory in France since 1268.
A serious gap in Buhner's approach, though, is that Protestant Reformation
was—largely involuntarily—kickstarted by Martin Luther
in 1517, that is the year after the Reinheitsgebot edict (for one year only, and in a part of Germany that never switched to Protestantism), and two centuries and a half after hops became compulsory in France. Besides the religious motivation there was also a political one: Martin Luther's criticism of the Catholic Church, merely focusing on Indulgences turned into a full-scale revolt against Papal power from 1521 on (after the Diet of Worms
) because he was unexpectedly backed by German princes such as Frederick III, Elector of Saxony
who strongly objected to the Catholic Church meddling in their affairs and finances.
Those princes had been seeking ways to undermine Papal Rome's influence and fundraising on their territories for quite some time when the Reformation actually started. Local monopolies on gruit being a cash cow for many a monastic community, they were an obvious target to undermine their financial power. Which means edicts to impose hops instead of gruit in beer were probably politically motivated, and also explains why many of those edicts did indeed come long before the Reformation even started.
Coffee
almost followed the same fate as cannabis as its use spread from Ethiopia
through the Middle East to Europe. Coffee, regarded as a Muslim drink, was prohibited to Orthodox Christians in its native Ethiopia until as late as 1889; it is now considered a national drink of Ethiopia for people of all faiths. In the Ottoman Empire
, Murad IV
attempted to prohibit coffee drinking to Muslims as haraam
, arguing that it was an intoxicant, but this ruling was soon overturned after his death. The introduction of coffee in Europe from Muslim Turkey prompted calls for it to be banned as the devil's work, though Pope Clement VIII
sanctioned its use in 1600, declaring that it was "so delicious that it would be a pity to let the infidels have exclusive use of it." Its early association in Europe with rebellious political activities led to its banning in England, among other places.
In late Qing Imperial China, opium
imported by the British East India Company
was vastly consumed by all social classes in Southern China. Between 1821 and 1837 imports of the drug increased fivefold. The Chinese government attempted to end this trade, on public health
grounds. The effort was initially successful with the destruction of all British opium stock in May 1839. However, to protect this trade, the British declared war on China (First Opium War
). China was defeated and the war ended with the Treaty of Nanking
, which protected foreign opium traders from Chinese law. A related American treaty promised to end the smuggling of opium by Americans. It took until the next Opium War
for the trade to be legalized.
In the northern provinces of Ningxia
and Suiyuan in China, Chinese Muslim
General Ma Fuxiang
both prohibited and engaged in the opium trade. It was hoped that Ma Fuxiang would have improved the situation, since Chinese Muslims were well known for opposition to smoking opium Ma Fuxiang officially prohibited opium and made it illegal in Ningxia
, but the Guominjun
reversed his policy, by 1933, people from every level of society were abusing the drug, Ningxia was left in destitution In 1923, an officer of the Bank of China
from Baotou
found out that Ma Fuxiang was assisting the drug trade in opium which helped finance his military expenses. He earned a sum of $2 million from taxing those sales in 1923. General Ma had been using the Bank, a branch of the Government of China's exchequer, to arrange for silver curreny to be transported to Baotou to use it to sponsor the trade.
ordinance which banned the smoking of opium in opium den
s in 1875. The reason cited was "many women and young girls, as well as young men of respectable family, were being induced to visit the Chinese opium-smoking dens, where they were ruined morally and otherwise." This was followed by other laws throughout the country, and federal laws which barred Chinese people from trafficking in opium. Though the laws affected the use and distribution of opium by Chinese immigrants, no action was taken against the producers of such products as laudanum
, a tincture
of opium and alcohol, commonly taken as a panacea
by white Americans. The distinction between its use by white Americans and Chinese immigrants was thus based on the form in which it was ingested: Chinese immigrants tended to smoke it, while it was often included in various kinds of generally liquid medicines often (but not exclusively) used by people of European descent. The laws targeted opium smoking, but not other methods of ingestion. As a result of this discrepancy, some modern commentators believe that these laws were possibly racist in origin and intent.
The most important reason for the increase in opiate consumption during the 19th century was however the prescribing and dispensing of legal opiates by physicians and pharmacist to women with "female problems" (mostly to relieve painful menstruation). Between 150,000 and 200,000 opiate addicts lived in the United States in the late 19th century and between two-thirds and three-quarters of these addicts were women.
This was followed by the Harrison Act, passed in 1914, which required sellers of opiate
s and cocaine to get a license. While originally intended to require paper trails of drug transactions between doctors, drug stores, and patients, it soon became a prohibitive law. The law's wording was quite vague; it was originally intended as a revenue tracking mechanism that required prescriptions for opiates. It became legal precedent that any prescription for a narcotic given by a physician or pharmacist – even in the course of medical treatment for addiction
- constituted conspiracy to violate the Harrison Act. In 1919, the Supreme Court
ruled in Doremus that the Harrison Act was constitutional and in Webb that physicians could not prescribe narcotics solely for maintenance. In the decision Jin Fuey Moy v. United States, 254 U.S. 189 (1920) the court upheld that it was a violation of the Harrison Act even if a physician provided prescription of a narcotic for an addict, and thus subject to criminal prosecution. The initial proponents of the Harrison Act did not support blanket prohibition of the drugs involved. This is also true of the later Marijuana Tax Act in 1937. Soon, however, licensing bodies did not issue licenses, effectively banning the drugs.
The American judicial system did not initially accept drug prohibition. Prosecutors argued that possessing drugs was a tax
violation, as no legal licenses to sell drugs were in existence; hence, a person possessing drugs must have purchased them from an unlicensed source. After some wrangling, this was accepted as federal jurisdiction under the interstate commerce clause of the U.S. Constitution.
was the most popular recreational drug in these countries, reactions to its prohibition were very different than to the prohibition of other drugs, which were commonly perceived to be associated with racial and ethnic minorities. Public pressure led to the repeal of alcohol prohibition in Finland in 1932, and in the United States in 1933. Residents of many provinces of Canada
also experienced alcohol prohibition for similar periods of time in the first half of the 20th century.
In Sweden, a referendum
in 1922 decided against an alcohol prohibition law (with 51% of the votes against and 49% for prohibition), but starting in 1914 (nationwide from 1917) and until 1955 Sweden employed an alcohol rationing system with personal liquor ration books ("motbok").
, ran a smear campaign against marijuana. During this particular time frame, the media was swarmed with propaganda regarding the effects of marijuana. Harry J. Anslinger
, a dominant leader in the prohibition against drugs, devised advertisements and commercials to inform the public of the believed side effects of marijuana. Citizens who were high on marijuana were crazy, insane, suicidal, had murderous intentions, etc. according to the propaganda. Disregarding the scientific research on the subject and the falsified claims, the Marijuana Tax Act passed in 1937 quickly and with little debate and no opposition in Congress. The American Medical Association
(AMA) supported a federal law, but recommended that marijuana to be added to the Harrison Narcotic Act. The restrictions for Cannabis was part of a broad international trend supported by the president.
In response to rising drug use among young people and the counter-culture movement, government efforts to enforce prohibition were strengthened in many countries from the 1960s onward. Support at an international level for the prohibition of psychoactive drug
use has been a consistent feature of United States policy during both Republican and Democratic administrations, to such an extent that US support for foreign governments has often been contingent on their adherence to US drug policy
. Major milestones in this campaign include the introduction of the Single Convention on Narcotic Drugs
in 1961, the Convention on Psychotropic Substances
in 1971 and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
in 1988. A few developing countries where consumption of the prohibited substances has enjoyed longstanding cultural support, long resisted such outside pressure to pass legislation adhering to these conventions — such as Nepal
, which did not do so until 1976.
In 1972, United States President Richard Nixon
announced the commencement of the so-called "War on Drugs." Later, President Reagan
added the position of drug czar
to the President's Executive Office
.
In 1973, New York State introduced mandatory minimum sentences of 15 years to life imprisonment
for possession of more than four ounces (113g) of a so-called hard drug
, called the Rockefeller drug laws
after New York Governor and later Vice President Nelson Rockefeller
. Similar laws were introduced across the United States.
California's broader 'three strikes and you're out
' policy adopted in 1994 was the first mandatory sentencing policy to gain widespread publicity and was subsequently adopted in most United States jurisdictions. This policy mandates life imprisonment for a third criminal conviction of any felony offense.
A similar 'three strikes' policy was introduced to the United Kingdom by the Conservative government in 1997. This legislation enacted a mandatory minimum sentence of seven years for those convicted for a third time of a drug trafficking offense involving a class A drug.
Large movements have grown in numerous countries proposing various policy changes such as drug relegalization and drug decriminalization. For instance, there is a movement for cannabis legalization in Canada
, as well as the Marijuana Party of Canada
.
Various drug liberalization policies are often supported by proponents of liberalism
and libertarianism
. Continued drug criminalization is more typically supported by proponents of conservatism
. The latter may often promote the more general notion of individualism
, but social conservatives in particular continue to support drug prohibition.
The former Director of the Office of National Drug Control Policy
, the Drug Czar
, John P. Walters
has described the drug problem in the United States as a "public health challenge", and he has publicly eschewed the notion of a "war on drugs." He has supported additional resources for substance abuse treatment and has touted random student drug testing as an effective prevention strategy. However, the actions of the Office of National Drug Control Policy continue to belie the rhetoric of a shift away from primarily enforcement-based responses to illegal drug use.
banned opium as "against Islam." After the Taliban was ousted
, opium cultivation resumed in more widespread areas and in greater yield. In April 2004, Afghan interim
president Hamid Karzai
declared a jihad
on drugs (after opium output reached a near-record 3,600 tonnes in 2003 — equivalent to three-quarters of world supply). Over the next two years, despite the assistance of several hundreds of millions of dollars of foreign anti-drug support, Afghanistan raised opium production to 6,100 tonne
s in 2006, produced on 407000 acres (1,647.1 km²) of land, including nearly 30000 acres (121.4 km²) of government land - a production estimated to exceed the global demand for opium by thirty percent.
President Manuel Zelaya
called on the United States to legalize drugs, in order, he said, to prevent the majority of violent murders occurring in Honduras. Honduras is used by cocaine
smugglers as a transiting point between Colombia
and the US. Honduras, with a population of 7 million suffers an average of 8–10 murders a day, with an estimated 70% being as a result of this international drug trade. The same problem is occurring in Guatemala
, El Salvador
, Costa Rica
and Mexico
, according to Zelaya.
The regulation of the above drugs varies in many countries. Alcohol possession and consumption by adults is today widely banned only in Islamic countries
and certain states
of India. The United States, Finland, and Canada banned alcohol in the early part of the 20th century; this was called Prohibition. Although alcohol prohibition was repealed in the United States, there are still parts of the United States that do not allow alcohol sales, even though alcohol possession may be legal. Bhutan
is the only country in the world where possession and use of tobacco is illegal. In some parts of the world, provisions are made for the use of traditional sacrament
s like Ayahuasca
, Iboga
, and Peyote
. In Gabon, Africa, iboga (Tabernanthe iboga) has been declared a national treasure and is used in rites of the Bwiti
religion. The active ingredient, ibogaine
, is proposed as a treatment of opioid withdrawal and various substance use disorders.
In countries where alcohol and tobacco are legal, certain measures are frequently undertaken to discourage use of these drugs. For example, packages of alcohol and tobacco sometimes communicate warnings directed towards the consumer, communicating the potential risks of partaking in the use of the substance. These drugs also frequently have special sin tax
es associated with the purchase thereof, in order to recoup the losses associated with public funding for the health problems the use causes in long-term users. Restrictions on advertising also exist in many countries, and often a state holds a monopoly
on manufacture, distribution, marketing, and/or the sale of these drugs.
In the United States, there is considerable legal debate about the impact these laws have had on Americans' civil rights. Critics claim that the War on Drugs has lowered the evidentiary burden required for a legal search of a suspect's dwelling or vehicle, or to intercept a suspect's communications. However, many of the searches that result in drug arrest
s are often "commission" to search a person or the person's property.
People who consent to a search, knowing full well that they possess contraband, generally consent because they are ignorant of the fact that they have the right to decline permission to search. Under the laws of most U.S. states, police are not required to disclose to suspects that they have the right to decline a search. Even when a suspect does not give permission to search, police are often known to state in arrest affidavits and even provide sworn testimony that the suspect consented to the search, secure in the knowledge that a judge will normally weigh all questions of credibility in favour of law enforcement and against the accused.
Similarly, in cases where the accused does not consent to a search, courts have generally held police to a very low standard of reasonable suspicion and/or probable cause in drug cases, essentially endorsing "fishing expeditions" by stop-and-search highway interdiction police.
The sentencing statutes in the United States Code
that cover controlled substances are notoriously intricate. For example, a first-time offender convicted in a single proceeding for selling marijuana three times, and found to have carried a gun on him all three times (even if it were not used) is subject to a minimum sentence of 55 years in federal prison. U.S. v. Angelos, 345 F. Supp. 2d 1227 (D. Utah 2004).
Drug sentencing guidelines under state law in America are generally much less harsh than the federal sentencing guidelines. The vast majority of drug felonies and almost all drug misdemeanors in the United States are prosecuted at the state level. The federal government tends to prosecute only drug trafficking cases involving large amounts of drugs, or cases, which have been referred to federal prosecutors by local district attorneys seeking harsher sentences under the federal sentencing guidelines. In rare instances, some defendants are prosecuted both federally and by the state for the same drug trafficking conduct. The United States Supreme Court has ruled that a defendant does not face double jeopardy if he is convicted and sentenced by both the state and federal government for the same underlying criminal conduct.
Sometimes, crime
s not directly related to drug use and sale are prohibited. For example, the United States recently brought charges against club
owners for maintaining a place of business where a) Ecstasy is known to be frequently consumed; b) paraphernalia
associated with the use of Ecstasy is sold and/or widely tolerated (such as glow sticks and pacifier
s); and c) "chill-out rooms" are created, where Ecstasy users can cool down (Ecstasy users in club settings tend to dance for extended periods of time, raising the user's blood temperature
). These are being challenged in court by organizations such as the American Civil Liberties Union
(ACLU) and Drug Policy Alliance.
Drug prohibition has created several legal dilemmas. For example many countries allow the use of undercover
law enforcement
officers solely or primarily for the enforcement of laws against use of certain drugs. Many of these officers are allegedly allowed to commit crimes if it is necessary to maintain the secrecy of the investigation, or in order to collect adequate evidence
for a conviction. Some people have criticized this practice as failing to ensure equality under the law because it grants police officers the right to commit crimes that no other citizen could commit without potential consequences.
Another legal dilemma is the creation of a legal loop hole allowing for the arbitrary arrest and prosecution of anyone in several countries. This is the result of several drugs such as Dimethyltryptamine
, GHB and morphine
being illegal to possess but also inherently present in all humans as a result of endogenous synthesis. Since some jurisdictions classify possession of drugs to include having the drug present in the blood in any concentration, all residents of such countries are technically in possession of multiple illegal drugs at all times.
The War on Drugs has stimulated the creation of international law enforcement agencies (such as Interpol
), mostly in Western countries. This has occurred because a large volume of illicit drugs come from Third-World countries.
and Ronald K. Siegel
explain how drug prohibition can be used for selective social control:
Academic Noam Chomsky
argues that Drug laws are currently, and have historically, been used by the state to oppress sections of society it opposes:
In the U.S., the penalty for illegal drug possession and sale can vary from a small fine to a prison sentence. In some states, marijuana possession is considered to be a petty offense, with the penalty being comparable to that of a speeding violation. In some municipalities, possessing a small quantity of marijuana in one's own home is not punishable at all. Generally, however, drug possession is an arrestable offense, although first-time offenders rarely serve jail time.
Federal law makes even possession of soft drugs, such as cannabis, illegal, though some local governments have laws contradicting federal laws.
In the U.S., the War on Drugs is thought to be contributing to a prison overcrowding problem. In 1996, 59.6% of prisoners were drug-related criminals. The U.S. population grew by about +25% from 1980 to 2000. In that same 20 year time period, the U.S. prison population tripled, making the U.S. the world leader in both percentage and absolute number of citizens incarcerated. The United States has 5% of the worlds population, but 25% of the prisoners.
, particularly cannabis
, making the possession of such a non-convictable offense in most states (however, the definition of what constitutes possession can differ between states).
As a result of the decriminalization, the punishments for drug use and drug dealing in Australia are typically very small, with many convicted small-time drug dealers not having to spend any time in jail.
There is an associated anti-drug culture amongst a significant number of Australians. Law enforcement targets drugs, particularly in the party scene.
that sell cannabis to people 18 or above are tolerated in some cities, and pay taxes like any other business for their cannabis and hashish sales, although distribution is a grey area that the authorities would rather not go into as it is not decriminalised. Many "coffee shops" are found in Amsterdam
and cater mainly to the large tourist trade; the local consumption rate is far lower than in the US. Each coffee shop will, from 2012, operate like a private club with some 1,000 to 1,500 members. In order to qualify for a membership card, applicants must be adult Dutch citizens, membership will only be allowed in one club.
Netherlands has the highest antidrug related public expenditure per capita of all countries in EU (139 EUR per capita, 2004).
Similarly to the rest of the European Union
member states and American democracies, controlled drugs are illegal in the Netherlands. Nevertheless, illegal drugs are consumed worldwide, causing concern in the international community. According to the United Nations Drug Control Programme, results in the 2001 World Drug Report
estimate "that the extent of drug abuse in the world involves about 180 million people, which represents 3% of the global population. The majority of drug users (80%) used cannabis, followed by amphetamine-type stimulants such as methamphetamine, amphetamine and substances of the ecstasy group (16%), cocaine (8%), heroin (5%) and other opiates (2%)".
The administrative bodies responsible for enforcing the drug policies include the Ministry of Health, Welfare and Sport, the Ministry of Justice, the Ministry of the Interior and Kingdom Relations, and the Ministry of Finance. Local authorities also shape local policy, within the national framework. The prohibition policy is heavily influenced by the international community (through the United Nations), especially the neighboring states of France and Germany, which pressure the kingdom to be more strict, for they are directly affected through the illegal trafficking of narcotics coming from the Netherlands.
Legally, possession, manufacturing, trafficking, importation and exportation are forbidden. Nonetheless, it is not an offense to use drugs (Ministry of Foreign Affairs, 2003). There are different penalties involved when breaking the law, which may include a monetary fine, imprisonment, or both. To apply the law, the government differentiates between "soft" and "hard" drugs. Soft drugs are considered to produce less harm to both the individual and society, these being used mainly for folk medicine
and recreational purposes. This category encompasses cannabis (nederwiet), hashish and some fungi. Hard drugs are considered to cause considerable personal harm through addiction and physical detriment, as well as nuisance to society, by increasing crime and deteriorating families. Cocaine, heroin, etc. belong to this category.
Along with these two categories, there is a pyramid of priority when it comes to prosecution by law enforcement agencies.
There are varying rules within this categories, for example the amount possessed, the role played in the transaction and the intent of the goods.
As regards coffee shops, the line between law and practice thins. A coffee shop is a heavily controlled business establishment where individuals can purchase a personal dose of soft drugs in the form of joints, pastry, drinks and packages. In theory illegal, these shops must abide by governmental and local regulations, as well as meet the AHOJ-G criteria, an acronym for: No Advertising, Hard drugs, Nuisance of any kind, Jongeren (minors under 18), and a limit of five grams per transaction. Additionally, the maximum stock at any time is five hundred grams. Local governments may impose additional rules, such as closing times, zoning (coffee shops may not be close to schools), and parking restrictions. The rationale behind coffee shops is to keep citizens away from the hard drugs scene, bringing them to a safe, social, and regulated environment.
When analyzing the Dutch model, both disadvantages and advantages can be drawn when comparing the results with other countries. On a moral argument, tolerating soft drugs can be seen as the defeat of the government against hedonism
. Additionally, decades of growing and perfecting cannabis and hashish has resulted in increased levels of the main active hallucinogenic constituent tetrahydrocannabinol
(THC), as levels have doubled, making the derived products more powerful, and therefore requiring less to achieve the desired effect.
The coffee shop will lose its license if it caught selling to minors. Though there was a slight increase of use at the beginning, the rates balanced out some years later. The presence of coffee shops does not translate in public urge for experimentation. In fact, most people that did not consume drugs before the enhancement of the policy continue not to use them.
When compared to other countries, Dutch drug consumption falls in the European average at six per cent regular use (twenty-one per cent at some point in life) and considerably lower than the Anglo-Saxon countries headed by the United States with an eight per cent recurring use (thirty-four at some point in life). Experts have come to the conclusion that the policies applied do not play a striking role in these statistics, though there is debate over this issue (CEDRO, 2004).
carries a maximum penalty of death for drug dealing
, and a maximum of 15 years prison for drug use.
In 2004, Australian citizen Schappelle Corby was convicted of smuggling 4.4 kilograms of cannabis in to Bali
, a crime that carried a maximum penalty of death. Her trial reached the verdict of guilty with a punishment of 20 years imprisonment. Corby claimed to be an unwitting drug mule.
Australian citizens known as the "Bali Nine
" were caught smuggling heroin, and each face the death penalty.
In August 2005, Australian model Michelle Leslie
was arrested with two Ecstasy pills. She pleaded guilty to possession and in November 2005 was sentenced to 3 months imprisonment, which she was deemed to have already served, and was released from prison immediately upon her admission of guilt on the charge of possession.
, the enforcement of prohibitionist laws requires methods of law enforcement to inspect even private property. In societies with strong property law
s or individual rights, this may present a risk for conflicts or violations of right
s.
Disrupting the market relies on eradication, interdiction and domestic law enforcement efforts.
Through cooperation with governments such as those of Colombia
, Mexico
and Afghanistan
, coca (the plant source for cocaine) and poppy (the plant source for opium and heroin) are eradicated by the United States and other allies such as the United Kingdom, so that the crops cannot be processed into narcotics. Eradication can be accomplished by aerial spraying or manual eradication. However, the eradication is only temporary as the harvest fields can usually be replanted after a certain amount of time.
The government of Colombian President Álvaro Uribe
has resisted criticism of aerial spraying of coca and poppy and has seen major reductions in both crops according to the United Nations Office of Crime and Drugs (See also Plan Colombia
). In 2003, over 1,300 square kilometers of mature coca were sprayed and eradicated in Colombia, where at the start of the year, approximately 1,450 square kilometers had been planted. This strategic accomplishment prevented the production over 500 tonnes of cocaine, sufficient to supply all the cocaine users in both US and Europe for one year. Further, it eliminated upward of $100 million of illicit income that supports narco-terrorism in Colombia. No effect on prices or availability in the marketplace has been noted, and the actual number of acres of coca planted seems to have actually increased, largely shifting to more remote areas or into neighboring countries. Aerial spraying also has the unintended consequence of destroying legitimate crop fields in the process.
Interdiction is carried out primarily by aerial and naval armed forces patrolling known trafficking zones. From South America to the United States most drugs traverse either the Caribbean Sea or the Eastern Pacific, usually in "go-fast
" boats that carry drug cargos and engines and little else.
Investigation on drug trafficking often begins with the recording of unusually frequent deaths by overdose, monitoring financial flows of suspected traffickers, or by finding concrete elements while inspecting for other purposes. For example, a person pulled over for traffic violations may have illicit drugs in his or her vehicle, thus leading to an arrest and/or investigation of the source of the materials. The United States federal government has placed a premium on disrupting the large drug trafficking organizations that move narcotics into and around the United States, while state and local law enforcement focus on disrupting street-level drug dealing gangs.
. The document questioned the war on drugs and points out its failures. It also indicates that prohibition has come with an extensive social cost, especially to the countries that take part in the production of illicit drugs. Although controversial, the document does not endorse either the production or consumption of drugs but recommends for both a new and an alternative approach. The document argues that drug production and consumption has become a social taboo
that inhibits the public debate because of its relationship to crime and as consequence it confines consumers to a small circle where they become more vulnerable to the actions of organized crime. The authors also demand for a close review to the prohibitive strategies of the United States
and the study of the advantages and limits of the damage reduction strategy followed by the European Union. The proposal uses three paradigms as an alternative:
The document favors the European policies towards drug consumption since according to the authors it is more humane and efficient. The signers of this document are: Fernando Henrique Cardoso
, Ernesto Zedillo
, Cesar Gaviria
, Paolo Coelho, Enrique Santos
, Mario Vargas Llosa
, Moisés Naím
, Tomas Eloy Martinez
Two years later in mid-2011, the core of the Initiative and its commission were extended and endorsed in a report issued by the Global Commission on Drug Policy
. Joining the three former presidents of Colombia, Brazil and Mexico and Nobel Prize for Literature winner Llosa on the Global Commission were former U.S. Secretary of State
George P. Schultz and Federal Reserve chair Paul Volcker
; Carlos Fuentes
, Mexican writer and public intellectual; John C. Whitehead
, formerly of Goldman Sachs
; and Kofi Annan
, former Secretary-General of the United Nations
.
US specific:
Sumptuary law
Sumptuary laws are laws that attempt to regulate habits of consumption. Black's Law Dictionary defines them as "Laws made for the purpose of restraining luxury or extravagance, particularly against inordinate expenditures in the matter of apparel, food, furniture, etc." Traditionally, they were...
legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
or religious law
Religious law
In some religions, law can be thought of as the ordering principle of reality; knowledge as revealed by a God defining and governing all human affairs. Law, in the religious sense, also includes codes of ethics and morality which are upheld and required by the God...
is a common means of attempting to prevent drug use
Recreational drug use
Recreational drug use is the use of a drug, usually psychoactive, with the intention of creating or enhancing recreational experience. Such use is controversial, however, often being considered to be also drug abuse, and it is often illegal...
. Prohibition of drugs has existed at various levels of government or other authority from the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
to the present.
While most drugs are legal to possess, many governments regulate the manufacture, distribution, marketing, and sale of some drugs, for instance through a prescription
Medical prescription
A prescription is a health-care program implemented by a physician or other medical practitioner in the form of instructions that govern the plan of care for an individual patient. Prescriptions may include orders to be performed by a patient, caretaker, nurse, pharmacist or other therapist....
system. Only certain drugs are banned with a "blanket prohibition" against all use. However, a continuing problem remains in effect, as the prohibited drugs continue to be available through illegal trade, see illegal drug trade
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
, also known as the Black Market. The most widely banned substances include psychoactive drug
Psychoactive drug
A psychoactive drug, psychopharmaceutical, or psychotropic is a chemical substance that crosses the blood–brain barrier and acts primarily upon the central nervous system where it affects brain function, resulting in changes in perception, mood, consciousness, cognition, and behavior...
s, although blanket prohibition also extends to some steroid
Steroid
A steroid is a type of organic compound that contains a characteristic arrangement of four cycloalkane rings that are joined to each other. Examples of steroids include the dietary fat cholesterol, the sex hormones estradiol and testosterone, and the anti-inflammatory drug dexamethasone.The core...
s and other drugs. Many governments do not criminalize the possession of a limited quantity of certain drugs for personal use, while still prohibiting their sale or manufacture, or possession in large quantities. Some laws set a specific volume of a particular drug, above which is considered ipso jure
Ipso jure
Ipso jure is a Latin phrase, directly translated as by operation of law. It is used as an adverb.-Usage:The phrase is used to describe legal consequences that occur by the act of the law itself. For example, if property is held in a tenancy by the entirety by a husband and wife, who then get...
to be evidence of trafficking or sale of the drug.
Islamic countries mostly prohibit the use of alcohol
Alcoholic beverage
An alcoholic beverage is a drink containing ethanol, commonly known as alcohol. Alcoholic beverages are divided into three general classes: beers, wines, and spirits. They are legally consumed in most countries, and over 100 countries have laws regulating their production, sale, and consumption...
. Many non-Islamic governments levy a sin tax
Pigovian tax
A Pigovian tax is a tax levied on a market activity that generates negative externalities. The tax is intended to correct the market outcome. In the presence of negative externalities, the social cost of a market activity is not covered by the private cost of the activity...
on alcohol and tobacco
Tobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...
products, and restrict alcohol and tobacco from sales or gifts to minor
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
s. Other common restrictions include bans on outdoor drinking and indoor smoking
Smoking ban
Smoking bans are public policies, including criminal laws and occupational safety and health regulations, which prohibit tobacco smoking in workplaces and/or other public spaces...
. The United States (1920–1933), Finland (1919–1932), Norway (1916–1927), Canada, Iceland (1915–1922) and the USSR (1914–1925) had alcohol prohibition
Prohibition
Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
.
History
The cultivation, use, and trade of psychoactive and other drugDrug
A drug, broadly speaking, is any substance that, when absorbed into the body of a living organism, alters normal bodily function. There is no single, precise definition, as there are different meanings in drug control law, government regulations, medicine, and colloquial usage.In pharmacology, a...
s has occurred since prior to civilization
Civilization
Civilization is a sometimes controversial term that has been used in several related ways. Primarily, the term has been used to refer to the material and instrumental side of human cultures that are complex in terms of technology, science, and division of labor. Such civilizations are generally...
's existence. Religious governments probably began to criminalize drugs' possession and trade in the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
, and such legislation has continued until the present day, by both religious and non-religious governments. In the 20th century, the United States led a major renewed surge in drug prohibition called the "War on Drugs
War on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
". Today's War on Drugs bears many similarities to earlier drug laws, particularly in the motivation to prevent drug use.
Motivations claimed by supporters of drug prohibition laws across various societies and eras have included religious observance, allegations of violence by racial minorities, and public health
Public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...
concerns. Those who are not proponents of anti-drug legislation characterize these motivations as religious intolerance
Religious intolerance
Religious intolerance is intolerance against another's religious beliefs or practices.-Definition:The mere statement on the part of a religion that its own beliefs and practices are correct and any contrary beliefs incorrect does not in itself constitute intolerance...
, racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
, and public healthism.
Drug laws (early)
Perhaps the earliest recorded example is the prohibition of the use of alcoholAlcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
under Islamic law (Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
), which is usually attributed to passages in the Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
dating from the 7th century. Like other Sharia laws, alcohol prohibition is enforced by Mutaween
Mutaween
The word mutaween most literally means "volunteers" in the Arabic language, and is commonly used as a casual term for the government-authorized or government-recognized religious police of Saudi Arabia....
, the Committee for the Propagation of Virtue and the Prevention of Vice. Some Muslim scholars assert that this prohibition actually addresses only the abuse of alcohol, but they do not have sufficient numbers or authority to override the familiar total prohibition. Although Islamic law is often interpreted as prohibiting all intoxicants (not only alcohol), the ancient practice of hashish
Hashish
Hashish is a cannabis preparation composed of compressed stalked resin glands, called trichomes, collected from the unfertilized buds of the cannabis plant. It contains the same active ingredients but in higher concentrations than unsifted buds or leaves...
smoking
Tobacco smoking
Tobacco smoking is the practice where tobacco is burned and the resulting smoke is inhaled. The practice may have begun as early as 5000–3000 BCE. Tobacco was introduced to Eurasia in the late 16th century where it followed common trade routes...
has continued throughout the history of Islam, against varying degrees of resistance. A major campaign against hashish-eating Sufis was conducted in Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
in the 11th and 12th centuries resulting among other things in the burning of fields of cannabis
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
.
Though the prohibition of illegal drugs
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
was established under Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
, particularly against the use of hashish as a recreational drug, classical jurists
Ulema
Ulama , also spelt ulema, refers to the educated class of Muslim legal scholars engaged in the several fields of Islamic studies. They are best known as the arbiters of shari‘a law...
of medieval Islamic jurisprudence
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
accepted the use of hashish for medicinal and therapeutic purposes
Islamic medicine
In the history of medicine, Islamic medicine, Arabic medicine or Arabian medicine refers to medicine developed in the Islamic Golden Age, and written in Arabic, the lingua franca of Islamic civilization....
, and agreed that its "medical use, even if it leads to mental derangement
Islamic psychology
Islamic psychology translates the term ʿIlm al-Nafs the science of the Nafs and refers to the medical and philosophical study of the psyche from an Islamic perspective...
, remains exempt" from punishment. In the 14th century, the Islamic scholar Az-Zarkashi spoke of "the permissibility of its use for medical purposes if it is established that it is beneficial."
Religious intolerance
Religious intolerance
Religious intolerance is intolerance against another's religious beliefs or practices.-Definition:The mere statement on the part of a religion that its own beliefs and practices are correct and any contrary beliefs incorrect does not in itself constitute intolerance...
was a motivation for drug prohibition in Christian Europe. In Meso-America and South America, peyote (péyotl)
Peyote
Lophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
, ololiúqui, toloáche
Datura
Datura is a genus of nine species of vespertine flowering plants belonging to the family Solanaceae. Its precise and natural distribution is uncertain, owing to its extensive cultivation and naturalization throughout the temperate and tropical regions of the globe...
, teonanácatl and other sacred plants of the Mexican
Culture of Mexico
Mexico has changed rapidly during the 20th century. In many ways, contemporary life in its cities has become similar to that in neighboring United States and Europe. Most Mexican villagers follow the older way of life more than the city people do. More than 45% of the people of Mexico live in...
culture were prohibited as works of the devil
Devil
The Devil is believed in many religions and cultures to be a powerful, supernatural entity that is the personification of evil and the enemy of God and humankind. The nature of the role varies greatly...
.
In Northern Europe, the Protestants were also responsible for passing drug laws motivated by religious intolerance, according to Stephen Harrod Buhner. Buhner argues that the 1516 Reinheitsgebot
Reinheitsgebot
The Reinheitsgebot , sometimes called the "German Beer Purity Law" or the "Bavarian Purity Law" in English, was a regulation concerning the production of beer in Germany. In the original text, the only ingredients that could be used in the production of beer were water, barley and hops...
, which stipulates that beer
Beer
Beer is the world's most widely consumed andprobably oldest alcoholic beverage; it is the third most popular drink overall, after water and tea. It is produced by the brewing and fermentation of sugars, mainly derived from malted cereal grains, most commonly malted barley and malted wheat...
may only contain water, barley
Barley
Barley is a major cereal grain, a member of the grass family. It serves as a major animal fodder, as a base malt for beer and certain distilled beverages, and as a component of various health foods...
and hops
Hops
Hops are the female flower clusters , of a hop species, Humulus lupulus. They are used primarily as a flavoring and stability agent in beer, to which they impart a bitter, tangy flavor, though hops are also used for various purposes in other beverages and herbal medicine...
was a "reflection of Protestant irritation about 'drugs' and the Catholic Church". Unlike the typically nuts blends widely used at the time (e.g. gruit
Gruit
Gruit is an old-fashioned herb mixture used for bittering and flavoring beer, popular before the extensive use of hops. Gruit or grut ale may also refer to the beverage produced using gruit....
), hops cause sedation
Sedative
A sedative or tranquilizer is a substance that induces sedation by reducing irritability or excitement....
and reduce libido
Libido
Libido refers to a person's sex drive or desire for sexual activity. The desire for sex is an aspect of a person's sexuality, but varies enormously from one person to another, and it also varies depending on circumstances at a particular time. A person who has extremely frequent or a suddenly...
. The exclusive use of hops had been compulsory in France since 1268.
A serious gap in Buhner's approach, though, is that Protestant Reformation
Protestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...
was—largely involuntarily—kickstarted by Martin Luther
Martin Luther
Martin Luther was a German priest, professor of theology and iconic figure of the Protestant Reformation. He strongly disputed the claim that freedom from God's punishment for sin could be purchased with money. He confronted indulgence salesman Johann Tetzel with his Ninety-Five Theses in 1517...
in 1517, that is the year after the Reinheitsgebot edict (for one year only, and in a part of Germany that never switched to Protestantism), and two centuries and a half after hops became compulsory in France. Besides the religious motivation there was also a political one: Martin Luther's criticism of the Catholic Church, merely focusing on Indulgences turned into a full-scale revolt against Papal power from 1521 on (after the Diet of Worms
Diet of Worms
The Diet of Worms 1521 was a diet that took place in Worms, Germany, and is most memorable for the Edict of Worms , which addressed Martin Luther and the effects of the Protestant Reformation.It was conducted from 28 January to 25 May 1521, with Emperor Charles V presiding.Other Imperial diets at...
) because he was unexpectedly backed by German princes such as Frederick III, Elector of Saxony
Frederick III, Elector of Saxony
Frederick III of Saxony , also known as Frederick the Wise , was Elector of Saxony from 1486 to his death. Frederick was the son of Ernest, Elector of Saxony and his wife Elisabeth, daughter of Albert III, Duke of Bavaria...
who strongly objected to the Catholic Church meddling in their affairs and finances.
Those princes had been seeking ways to undermine Papal Rome's influence and fundraising on their territories for quite some time when the Reformation actually started. Local monopolies on gruit being a cash cow for many a monastic community, they were an obvious target to undermine their financial power. Which means edicts to impose hops instead of gruit in beer were probably politically motivated, and also explains why many of those edicts did indeed come long before the Reformation even started.
Coffee
Coffee
Coffee is a brewed beverage with a dark,init brooo acidic flavor prepared from the roasted seeds of the coffee plant, colloquially called coffee beans. The beans are found in coffee cherries, which grow on trees cultivated in over 70 countries, primarily in equatorial Latin America, Southeast Asia,...
almost followed the same fate as cannabis as its use spread from Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
through the Middle East to Europe. Coffee, regarded as a Muslim drink, was prohibited to Orthodox Christians in its native Ethiopia until as late as 1889; it is now considered a national drink of Ethiopia for people of all faiths. In the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
, Murad IV
Murad IV
Murad IV Ghazi was the Sultan of the Ottoman Empire from 1623 to 1640, known both for restoring the authority of the state and for the brutality of his methods...
attempted to prohibit coffee drinking to Muslims as haraam
Haraam
Haraam is an Arabic term meaning "forbidden", or "sacred". In Islam it is used to refer to anything that is prohibited by the word of Allah in the Qur'an or the Hadith Qudsi. Haraam is the highest status of prohibition given to anything that would result in sin when a Muslim commits it...
, arguing that it was an intoxicant, but this ruling was soon overturned after his death. The introduction of coffee in Europe from Muslim Turkey prompted calls for it to be banned as the devil's work, though Pope Clement VIII
Pope Clement VIII
Pope Clement VIII , born Ippolito Aldobrandini, was Pope from 30 January 1592 to 3 March 1605.-Cardinal:...
sanctioned its use in 1600, declaring that it was "so delicious that it would be a pity to let the infidels have exclusive use of it." Its early association in Europe with rebellious political activities led to its banning in England, among other places.
In late Qing Imperial China, opium
Opium
Opium is the dried latex obtained from the opium poppy . Opium contains up to 12% morphine, an alkaloid, which is frequently processed chemically to produce heroin for the illegal drug trade. The latex also includes codeine and non-narcotic alkaloids such as papaverine, thebaine and noscapine...
imported by the British East India Company
British East India Company
The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...
was vastly consumed by all social classes in Southern China. Between 1821 and 1837 imports of the drug increased fivefold. The Chinese government attempted to end this trade, on public health
Public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...
grounds. The effort was initially successful with the destruction of all British opium stock in May 1839. However, to protect this trade, the British declared war on China (First Opium War
First Opium War
The First Anglo-Chinese War , known popularly as the First Opium War or simply the Opium War, was fought between the United Kingdom and the Qing Dynasty of China over their conflicting viewpoints on diplomatic relations, trade, and the administration of justice...
). China was defeated and the war ended with the Treaty of Nanking
Treaty of Nanking
The Treaty of Nanking was signed on 29 August 1842 to mark the end of the First Opium War between the United Kingdom of Great Britain and Ireland and the Qing Dynasty of China...
, which protected foreign opium traders from Chinese law. A related American treaty promised to end the smuggling of opium by Americans. It took until the next Opium War
Second Opium War
The Second Opium War, the Second Anglo-Chinese War, the Second China War, the Arrow War, or the Anglo-French expedition to China, was a war pitting the British Empire and the Second French Empire against the Qing Dynasty of China, lasting from 1856 to 1860...
for the trade to be legalized.
In the northern provinces of Ningxia
Ningxia
Ningxia, formerly transliterated as Ningsia, is an autonomous region of the People's Republic of China. Located in Northwest China, on the Loess Plateau, the Yellow River flows through this vast area of land. The Great Wall of China runs along its northeastern boundary...
and Suiyuan in China, Chinese Muslim
Hui people
The Hui people are an ethnic group in China, defined as Chinese speaking people descended from foreign Muslims. They are typically distinguished by their practice of Islam, however some also practice other religions, and many are direct descendants of Silk Road travelers.In modern People's...
General Ma Fuxiang
Ma Fuxiang
Ma Fuxiang . Ma, a Dongxiang muslim leader, had a military and political career which spanned the Qing dynasty through the early Republic of China and illustrated the power of family, the role of religious affiliations, and the interaction of Inner Asian China and the national government of...
both prohibited and engaged in the opium trade. It was hoped that Ma Fuxiang would have improved the situation, since Chinese Muslims were well known for opposition to smoking opium Ma Fuxiang officially prohibited opium and made it illegal in Ningxia
Ningxia
Ningxia, formerly transliterated as Ningsia, is an autonomous region of the People's Republic of China. Located in Northwest China, on the Loess Plateau, the Yellow River flows through this vast area of land. The Great Wall of China runs along its northeastern boundary...
, but the Guominjun
Guominjun
The Guominjun , a.k.a Nationalist Army, KMC, or Northwest Army , refers to the military faction founded by Feng Yuxiang, Hu Jingyi and Sun Yue during China's Warlord Era. It was formed when Feng betrayed the Zhili clique during the Second Zhili-Fengtian War with the Fengtian clique in 1924...
reversed his policy, by 1933, people from every level of society were abusing the drug, Ningxia was left in destitution In 1923, an officer of the Bank of China
Bank of China
Bank of China Limited is one of the big four state-owned commercial banks of the People's Republic of China. It was founded in 1912 by the Government of the Republic of China, to replace the Government Bank of Imperial China. It is the oldest bank in China...
from Baotou
Baotou
Baotou is a mid-sized industrial city in the Inner Mongolia Autonomous Region of the People's Republic of China. Governed as a prefecture-level city, its urban areas are home to a population of approximately 1.78 million, with a total population of over 2.65 million accounting for counties under...
found out that Ma Fuxiang was assisting the drug trade in opium which helped finance his military expenses. He earned a sum of $2 million from taxing those sales in 1923. General Ma had been using the Bank, a branch of the Government of China's exchequer, to arrange for silver curreny to be transported to Baotou to use it to sponsor the trade.
US prohibition of opium
The first law outright prohibiting the use of a specific drug in the United States was a San FranciscoSan Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
ordinance which banned the smoking of opium in opium den
Opium den
An opium den was an establishment where opium was sold and smoked. Opium dens were prevalent in many parts of the world in the 19th century, most notably China, Southeast Asia, North America and France...
s in 1875. The reason cited was "many women and young girls, as well as young men of respectable family, were being induced to visit the Chinese opium-smoking dens, where they were ruined morally and otherwise." This was followed by other laws throughout the country, and federal laws which barred Chinese people from trafficking in opium. Though the laws affected the use and distribution of opium by Chinese immigrants, no action was taken against the producers of such products as laudanum
Laudanum
Laudanum , also known as Tincture of Opium, is an alcoholic herbal preparation containing approximately 10% powdered opium by weight ....
, a tincture
Tincture
A tincture is an alcoholic extract or solution of a non-volatile substance . To qualify as a tincture, the alcoholic extract is to have an ethanol percentage of at least 40-60%...
of opium and alcohol, commonly taken as a panacea
Panacea (medicine)
The panacea , named after the Greek goddess of healing, Panacea, also known as panchrest, was supposed to be a remedy that would cure all diseases and prolong life indefinitely...
by white Americans. The distinction between its use by white Americans and Chinese immigrants was thus based on the form in which it was ingested: Chinese immigrants tended to smoke it, while it was often included in various kinds of generally liquid medicines often (but not exclusively) used by people of European descent. The laws targeted opium smoking, but not other methods of ingestion. As a result of this discrepancy, some modern commentators believe that these laws were possibly racist in origin and intent.
The most important reason for the increase in opiate consumption during the 19th century was however the prescribing and dispensing of legal opiates by physicians and pharmacist to women with "female problems" (mostly to relieve painful menstruation). Between 150,000 and 200,000 opiate addicts lived in the United States in the late 19th century and between two-thirds and three-quarters of these addicts were women.
This was followed by the Harrison Act, passed in 1914, which required sellers of opiate
Opiate
In medicine, the term opiate describes any of the narcotic opioid alkaloids found as natural products in the opium poppy plant.-Overview:Opiates are so named because they are constituents or derivatives of constituents found in opium, which is processed from the latex sap of the opium poppy,...
s and cocaine to get a license. While originally intended to require paper trails of drug transactions between doctors, drug stores, and patients, it soon became a prohibitive law. The law's wording was quite vague; it was originally intended as a revenue tracking mechanism that required prescriptions for opiates. It became legal precedent that any prescription for a narcotic given by a physician or pharmacist – even in the course of medical treatment for addiction
Substance use disorder
Substance use disorders include substance abuse and substance dependence. In DSM-IV, the conditions are formally diagnosed as one or the other, but it has been proposed that DSM-5 combine the two into a single condition called "Substance-use disorder"....
- constituted conspiracy to violate the Harrison Act. In 1919, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled in Doremus that the Harrison Act was constitutional and in Webb that physicians could not prescribe narcotics solely for maintenance. In the decision Jin Fuey Moy v. United States, 254 U.S. 189 (1920) the court upheld that it was a violation of the Harrison Act even if a physician provided prescription of a narcotic for an addict, and thus subject to criminal prosecution. The initial proponents of the Harrison Act did not support blanket prohibition of the drugs involved. This is also true of the later Marijuana Tax Act in 1937. Soon, however, licensing bodies did not issue licenses, effectively banning the drugs.
The American judicial system did not initially accept drug prohibition. Prosecutors argued that possessing drugs was a tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
violation, as no legal licenses to sell drugs were in existence; hence, a person possessing drugs must have purchased them from an unlicensed source. After some wrangling, this was accepted as federal jurisdiction under the interstate commerce clause of the U.S. Constitution.
Prohibition of alcohol
The prohibition of alcohol commenced in Finland in 1919 and in the United States in 1920. Because alcoholAlcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
was the most popular recreational drug in these countries, reactions to its prohibition were very different than to the prohibition of other drugs, which were commonly perceived to be associated with racial and ethnic minorities. Public pressure led to the repeal of alcohol prohibition in Finland in 1932, and in the United States in 1933. Residents of many provinces of Canada
Prohibition in Canada
The temperance movement reached its height in Canada in the 1920s, when outside imports were cut off by provincial referendums. As legislation prohibiting consumption of alcohol was repealed, it was typically replaced with regulation restricting the sale of alcohol to minors and imposing excise...
also experienced alcohol prohibition for similar periods of time in the first half of the 20th century.
In Sweden, a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
in 1922 decided against an alcohol prohibition law (with 51% of the votes against and 49% for prohibition), but starting in 1914 (nationwide from 1917) and until 1955 Sweden employed an alcohol rationing system with personal liquor ration books ("motbok").
Marijuana Tax Act
Regulations and restrictions on the sale of Cannabis sativa as a drug began as early as 1860 as a part of different local poisons laws. In the middle of the 1930s all member states in the United States had some regulation of cannabis. In 1936 the Federal Bureau of Narcotics (FBN) noticed an increase of reports of people smoking marijuana, which further increased in 1937. The Bureau drafted a legislative plan for Congress, seeking a new law and the head of the FBN, Harry J. AnslingerHarry J. Anslinger
Harry Jacob Anslinger held office as the Assistant Prohibition Commissioner in the Bureau of Prohibition, before being appointed as the first Commissioner of the U.S. Treasury Department's Federal Bureau of Narcotics on August 12, 1930.Anslinger held office an unprecedented 32 years in his role...
, ran a smear campaign against marijuana. During this particular time frame, the media was swarmed with propaganda regarding the effects of marijuana. Harry J. Anslinger
Harry J. Anslinger
Harry Jacob Anslinger held office as the Assistant Prohibition Commissioner in the Bureau of Prohibition, before being appointed as the first Commissioner of the U.S. Treasury Department's Federal Bureau of Narcotics on August 12, 1930.Anslinger held office an unprecedented 32 years in his role...
, a dominant leader in the prohibition against drugs, devised advertisements and commercials to inform the public of the believed side effects of marijuana. Citizens who were high on marijuana were crazy, insane, suicidal, had murderous intentions, etc. according to the propaganda. Disregarding the scientific research on the subject and the falsified claims, the Marijuana Tax Act passed in 1937 quickly and with little debate and no opposition in Congress. The American Medical Association
American Medical Association
The American Medical Association , founded in 1847 and incorporated in 1897, is the largest association of medical doctors and medical students in the United States.-Scope and operations:...
(AMA) supported a federal law, but recommended that marijuana to be added to the Harrison Narcotic Act. The restrictions for Cannabis was part of a broad international trend supported by the president.
Counter-culture and the War on Drugs
Psychoactive drug
A psychoactive drug, psychopharmaceutical, or psychotropic is a chemical substance that crosses the blood–brain barrier and acts primarily upon the central nervous system where it affects brain function, resulting in changes in perception, mood, consciousness, cognition, and behavior...
use has been a consistent feature of United States policy during both Republican and Democratic administrations, to such an extent that US support for foreign governments has often been contingent on their adherence to US drug policy
Drug policy
A drug policy most often refers to a government's attempt to combat the negative effects of drug addiction and misuse in its society. Governments try to combat drug addiction with policies which address both the demand and supply of drugs, as well as policies which can mitigate the harms of drug...
. Major milestones in this campaign include the introduction of the Single Convention on Narcotic Drugs
Single Convention on Narcotic Drugs
The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
in 1961, the Convention on Psychotropic Substances
Convention on Psychotropic Substances
The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamines, barbiturates, benzodiazepines, and psychedelics signed at Vienna on February 21, 1971...
in 1971 and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 is one of three major drug control treaties currently in force. It provides additional legal mechanisms for enforcing the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on...
in 1988. A few developing countries where consumption of the prohibited substances has enjoyed longstanding cultural support, long resisted such outside pressure to pass legislation adhering to these conventions — such as Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
, which did not do so until 1976.
In 1972, United States President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
announced the commencement of the so-called "War on Drugs." Later, President Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
added the position of drug czar
Drug Czar
Drug Czar is an informal name for the person who directs drug-control policies in the United States, following the U.S. use of the 'czar' term. The 'drug czar' title was first published in a 1982 news story by United Press International which reported that “Senators... voted 62–34 to establish a...
to the President's Executive Office
Executive Office of the President of the United States
The Executive Office of the President consists of the immediate staff of the President of the United States, as well as multiple levels of support staff reporting to the President. The EOP is headed by the White House Chief of Staff, currently William M. Daley...
.
In 1973, New York State introduced mandatory minimum sentences of 15 years to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
for possession of more than four ounces (113g) of a so-called hard drug
Hard and soft drugs
Hard and Soft drugs are terms to distinguish between psychoactive drugs that are addictive and perceived as especially damaging and drugs that are believed to be non-addictive and with fewer dangers associated with their use...
, called the Rockefeller drug laws
Rockefeller drug laws
The Rockefeller Drug Laws is the term used to denote the statutes dealing with the sale and possession of "narcotic" drugs in the New York State Penal Law. The laws are named after Nelson Rockefeller, who was the state's governor at the time the laws were adopted...
after New York Governor and later Vice President Nelson Rockefeller
Nelson Rockefeller
Nelson Aldrich Rockefeller was the 41st Vice President of the United States , serving under President Gerald Ford, and the 49th Governor of New York , as well as serving the Roosevelt, Truman and Eisenhower administrations in a variety of positions...
. Similar laws were introduced across the United States.
California's broader 'three strikes and you're out
Three strikes law
Three strikes laws)"are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became...
' policy adopted in 1994 was the first mandatory sentencing policy to gain widespread publicity and was subsequently adopted in most United States jurisdictions. This policy mandates life imprisonment for a third criminal conviction of any felony offense.
A similar 'three strikes' policy was introduced to the United Kingdom by the Conservative government in 1997. This legislation enacted a mandatory minimum sentence of seven years for those convicted for a third time of a drug trafficking offense involving a class A drug.
Large movements have grown in numerous countries proposing various policy changes such as drug relegalization and drug decriminalization. For instance, there is a movement for cannabis legalization in Canada
Cannabis legalization in Canada
The legal status of cannabis in Canada is under dispute. Superior and appellate courts in Ontario have repeatedly declared Canada's marijuana laws to be of no force and effect. However, challenges to marijuana laws at the federal level have not resulted in the deletion of the appropriate articles...
, as well as the Marijuana Party of Canada
Marijuana Party of Canada
The Marijuana Party is a Canadian federal political party. Its agenda consists of ending prohibition of cannabis. With the exception of this one issue, the party does not have "official policy" in any other area...
.
Various drug liberalization policies are often supported by proponents of liberalism
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
and libertarianism
Libertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
. Continued drug criminalization is more typically supported by proponents of conservatism
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
. The latter may often promote the more general notion of individualism
Individualism
Individualism is the moral stance, political philosophy, ideology, or social outlook that stresses "the moral worth of the individual". Individualists promote the exercise of one's goals and desires and so value independence and self-reliance while opposing most external interference upon one's own...
, but social conservatives in particular continue to support drug prohibition.
The former Director of the Office of National Drug Control Policy
Office of National Drug Control Policy
The White House Office of National Drug Control Policy , a former cabinet level component of the Executive Office of the President of the United States, was established in 1989 by the Anti-Drug Abuse Act of 1988...
, the Drug Czar
Drug Czar
Drug Czar is an informal name for the person who directs drug-control policies in the United States, following the U.S. use of the 'czar' term. The 'drug czar' title was first published in a 1982 news story by United Press International which reported that “Senators... voted 62–34 to establish a...
, John P. Walters
John P. Walters
John P. Walters is the former Director of the White House Office of National Drug Control Policy . He held that position from December 7, 2001 to January 20, 2009. As the nation's "Drug Czar," Mr...
has described the drug problem in the United States as a "public health challenge", and he has publicly eschewed the notion of a "war on drugs." He has supported additional resources for substance abuse treatment and has touted random student drug testing as an effective prevention strategy. However, the actions of the Office of National Drug Control Policy continue to belie the rhetoric of a shift away from primarily enforcement-based responses to illegal drug use.
Opium cultivation in Afghanistan
In July 2000, the Taliban rulers of AfghanistanAfghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
banned opium as "against Islam." After the Taliban was ousted
War in Afghanistan (2001–present)
The War in Afghanistan began on October 7, 2001, as the armed forces of the United States of America, the United Kingdom, Australia, and the Afghan United Front launched Operation Enduring Freedom...
, opium cultivation resumed in more widespread areas and in greater yield. In April 2004, Afghan interim
Ad interim
The Latin phrase ad interim literally means "in the time between" denotes the meaning of "in the meantime", "for an intervening time" or "temporarily" in the English language...
president Hamid Karzai
Hamid Karzai
Hamid Karzai, GCMG is the 12th and current President of Afghanistan, taking office on 7 December 2004. He became a dominant political figure after the removal of the Taliban regime in late 2001...
declared a jihad
Jihad
Jihad , an Islamic term, is a religious duty of Muslims. In Arabic, the word jihād translates as a noun meaning "struggle". Jihad appears 41 times in the Quran and frequently in the idiomatic expression "striving in the way of God ". A person engaged in jihad is called a mujahid; the plural is...
on drugs (after opium output reached a near-record 3,600 tonnes in 2003 — equivalent to three-quarters of world supply). Over the next two years, despite the assistance of several hundreds of millions of dollars of foreign anti-drug support, Afghanistan raised opium production to 6,100 tonne
Tonne
The tonne, known as the metric ton in the US , often put pleonastically as "metric tonne" to avoid confusion with ton, is a metric system unit of mass equal to 1000 kilograms. The tonne is not an International System of Units unit, but is accepted for use with the SI...
s in 2006, produced on 407000 acres (1,647.1 km²) of land, including nearly 30000 acres (121.4 km²) of government land - a production estimated to exceed the global demand for opium by thirty percent.
Honduras President calls for legalization
On February 22, 2008 HondurasHonduras
Honduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize...
President Manuel Zelaya
Manuel Zelaya
José Manuel Zelaya Rosales is a politician who was President of Honduras from January 27, 2006 until June 28, 2009. The eldest son of a wealthy businessman, he inherited his father's nickname "Mel," and, before entering politics, was involved in his family's logging and timber businesses.Elected...
called on the United States to legalize drugs, in order, he said, to prevent the majority of violent murders occurring in Honduras. Honduras is used by cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
smugglers as a transiting point between Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
and the US. Honduras, with a population of 7 million suffers an average of 8–10 murders a day, with an estimated 70% being as a result of this international drug trade. The same problem is occurring in Guatemala
Guatemala
Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
, El Salvador
El Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
, Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
and Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, according to Zelaya.
Drug prohibition laws
The following individual drugs listed under their respective family groups (e.g., barbiturates, benzodiazepines, opiates) are the most frequently sought after by drug users and as such are prohibited or otherwise heavily regulated for use in many countries:- Among the Barbiturates, PentobarbitalPentobarbitalPentobarbital is a short-acting barbiturate that was first synthesized in 1928. Pentobarbital is available as both a free acid and a sodium salt, the former of which is only slightly soluble in water and ethanol....
(Nembutal), SecobarbitalSecobarbitalSecobarbital sodium is a barbiturate derivative drug that was first synthesized in 1928 in Germany. It possesses anaesthetic, anticonvulsant, sedative and hypnotic properties...
(Seconal), and AmobarbitalAmobarbitalAmobarbital is a drug that is a barbiturate derivative. It has sedative-hypnotic and analgesic properties. It is a white crystalline powder with no odor and a slightly bitter taste. It was first synthesized in Germany in 1923...
(Amytal) - Among the BenzodiazepineBenzodiazepineA benzodiazepine is a psychoactive drug whose core chemical structure is the fusion of a benzene ring and a diazepine ring...
s, temazepamTemazepamTemazepam is an intermediate-acting 3-hydroxy benzodiazepine. It is mostly prescribed for the short-term treatment of sleeplessness in patients who have difficulty maintaining sleep...
(Restoril; Normison; Euhypnos), flunitrazepamFlunitrazepamFlunitrazepam is marketed as a potent hypnotic, sedative, anticonvulsant, anxiolytic, amnestic, and skeletal muscle relaxant drug most commonly known as Rohypnol...
(Rohypnol; Hypnor; Flunipam), and nimetazepamNimetazepamNimetazepam is an intermediate-acting hypnotic drug which is a benzodiazepine derivative. It was first synthesized by a team at Hoffmann-La Roche in 1962. It possesses hypnotic, anxiolytic, sedative, and skeletal muscle relaxant properties. Nimetazepam is also an anticonvulsant. It is sold in 5 mg...
(Erimin) - CannabisCannabis (drug)Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
products, e.g., marijuana, hashishHashishHashish is a cannabis preparation composed of compressed stalked resin glands, called trichomes, collected from the unfertilized buds of the cannabis plant. It contains the same active ingredients but in higher concentrations than unsifted buds or leaves...
, and hashish oil - Among the Dissociatives, phencyclidinePhencyclidinePhencyclidine , commonly initialized as PCP and known colloquially as angel dust, is a recreational dissociative drug...
(PCP), and ketamineKetamineKetamine is a drug used in human and veterinary medicine. Its hydrochloride salt is sold as Ketanest, Ketaset, and Ketalar. Pharmacologically, ketamine is classified as an NMDA receptor antagonist...
are the most sought after. - Hallucinogens such as LSDLSDLysergic acid diethylamide, abbreviated LSD or LSD-25, also known as lysergide and colloquially as acid, is a semisynthetic psychedelic drug of the ergoline family, well known for its psychological effects which can include altered thinking processes, closed and open eye visuals, synaesthesia, an...
, mescalineMescalineMescaline or 3,4,5-trimethoxyphenethylamine is a naturally occurring psychedelic alkaloid of the phenethylamine class used mainly as an entheogen....
, peyotePeyoteLophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
, and psilocybinPsilocybinPsilocybin is a naturally occurring psychedelic prodrug, with mind-altering effects similar to those of LSD and mescaline, after it is converted to psilocin. The effects can include altered thinking processes, perceptual distortions, an altered sense of time, and spiritual experiences, as well as... - Empathogen-entactogenEmpathogen-entactogenThe terms empathogen and entactogen are used to describe a class of psychoactive drugs that produce distinctive emotional and social effects similar to those of MDMA. Putative members of this class include 2C-B, 2C-I, MDMA, MDA, MDEA, MBDB, 2C-T-7, and 2C-T-2, among others...
drugs like MDMA ("Ecstasy") - Among the NarcoticsOpioidAn opioid is a psychoactive chemical that works by binding to opioid receptors, which are found principally in the central and peripheral nervous system and the gastrointestinal tract...
, it is opiateOpiateIn medicine, the term opiate describes any of the narcotic opioid alkaloids found as natural products in the opium poppy plant.-Overview:Opiates are so named because they are constituents or derivatives of constituents found in opium, which is processed from the latex sap of the opium poppy,...
s such as morphineMorphineMorphine is a potent opiate analgesic medication and is considered to be the prototypical opioid. It was first isolated in 1804 by Friedrich Sertürner, first distributed by same in 1817, and first commercially sold by Merck in 1827, which at the time was a single small chemists' shop. It was more...
and codeineCodeineCodeine or 3-methylmorphine is an opiate used for its analgesic, antitussive, and antidiarrheal properties...
, and opioidOpioidAn opioid is a psychoactive chemical that works by binding to opioid receptors, which are found principally in the central and peripheral nervous system and the gastrointestinal tract...
s such as hydrocodoneHydrocodoneHydrocodone or dihydrocodeinone is a semi-synthetic opioid derived from either of two naturally occurring opiates: codeine and thebaine. It is an orally active narcotic analgesic and antitussive...
(Vicodin; Hycodan), oxycodoneOxycodoneOxycodone is an opioid analgesic medication synthesized from opium-derived thebaine. It was developed in 1916 in Germany, as one of several new semi-synthetic opioids in an attempt to improve on the existing opioids: morphine, diacetylmorphine , and codeine.Oxycodone oral medications are generally...
(Percocet; Oxycontin), hydromorphoneHydromorphoneHydromorphone, a more common synonym for dihydromorphinone, commonly a hydrochloride is a very potent centrally-acting analgesic drug of the opioid class. It is a derivative of morphine, to be specific, a hydrogenated ketone thereof and, therefore, a semi-synthetic drug...
(Dilaudid), and heroin - SedativeSedativeA sedative or tranquilizer is a substance that induces sedation by reducing irritability or excitement....
s such as GHBGamma-Hydroxybutyric acidγ-Hydroxybutyric acid , also known as 4-hydroxybutanoic acid and sodium oxybate when used for medicinal purposes, is a naturally occurring substance found in the central nervous system, wine, beef, small citrus fruits, and almost all animals in small amounts. It is also categorized as an illegal...
and methaqualoneMethaqualoneMethaqualone is a sedative-hypnotic drug that is similar in effect to barbiturates, a general central nervous system depressant. The sedative-hypnotic activity was first noted by Indian researchers in the 1950s and in 1962 methaqualone itself was patented in the US by Wallace and Tiernan...
(Quaalude) - StimulantStimulantStimulants are psychoactive drugs which induce temporary improvements in either mental or physical function or both. Examples of these kinds of effects may include enhanced alertness, wakefulness, and locomotion, among others...
s such as cocaineCocaineCocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
, amphetamineAmphetamineAmphetamine or amfetamine is a psychostimulant drug of the phenethylamine class which produces increased wakefulness and focus in association with decreased fatigue and appetite.Brand names of medications that contain, or metabolize into, amphetamine include Adderall, Dexedrine, Dextrostat,...
(Adderall), DextroamphetamineDextroamphetamineDextroamphetamine is a psychostimulant drug which is known to produce increased wakefulness and focus as well as decreased fatigue and decreased appetite....
(Dexedrine), methamphetamineMethamphetamineMethamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
(Desoxyn), methcathinoneMethcathinoneMethcathinone , is a psychoactive stimulant, sometimes used as a recreational drug and considered addictive. It is usually snorted, but can be smoked, injected, or taken orally...
, and methylphenidateMethylphenidateMethylphenidate is a psychostimulant drug approved for treatment of attention-deficit hyperactivity disorder, postural orthostatic tachycardia syndrome and narcolepsy. It may also be prescribed for off-label use in treatment-resistant cases of lethargy, depression, neural insult and obesity...
(Ritalin).
The regulation of the above drugs varies in many countries. Alcohol possession and consumption by adults is today widely banned only in Islamic countries
Muslim world
The term Muslim world has several meanings. In a religious sense, it refers to those who adhere to the teachings of Islam, referred to as Muslims. In a cultural sense, it refers to Islamic civilization, inclusive of non-Muslims living in that civilization...
and certain states
Alcohol laws of India
India is the fastest growing alcohol market in the world. The alcohol consumption in India is about 6,700 million litres. It grows approximately at a rate of 30% annually. It is expected to cross 19,000 million litres by 2015...
of India. The United States, Finland, and Canada banned alcohol in the early part of the 20th century; this was called Prohibition. Although alcohol prohibition was repealed in the United States, there are still parts of the United States that do not allow alcohol sales, even though alcohol possession may be legal. Bhutan
Bhutan
Bhutan , officially the Kingdom of Bhutan, is a landlocked state in South Asia, located at the eastern end of the Himalayas and bordered to the south, east and west by the Republic of India and to the north by the People's Republic of China...
is the only country in the world where possession and use of tobacco is illegal. In some parts of the world, provisions are made for the use of traditional sacrament
Sacrament
A sacrament is a sacred rite recognized as of particular importance and significance. There are various views on the existence and meaning of such rites.-General definitions and terms:...
s like Ayahuasca
Ayahuasca
Ayahuasca is any of various psychoactive infusions or decoctions prepared from the Banisteriopsis spp. vine, usually mixed with the leaves of dimethyltryptamine-containing species of shrubs from the Psychotria genus...
, Iboga
Iboga
Tabernanthe iboga or Iboga is a perennial rainforest shrub and hallucinogen, native to western Central Africa. Iboga stimulates the central nervous system when taken in small doses and induces visions in larger doses. In parts of Africa where the plant grows the bark of the root is chewed for...
, and Peyote
Peyote
Lophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
. In Gabon, Africa, iboga (Tabernanthe iboga) has been declared a national treasure and is used in rites of the Bwiti
Bwiti
Bwiti is a West Central African spiritual practice by the forest-dwelling Babongo and Mitsogo people of Gabon, where it is counted as one of the three official religions, and the Fang people of Gabon and Cameroon...
religion. The active ingredient, ibogaine
Ibogaine
Ibogaine is a naturally occurring psychoactive substance found in a number of plants, principally in a member of the Apocynaceae family known as Iboga . A hallucinogen with both psychedelic and dissociative properties, the substance is banned in some countries; in other countries it is being used...
, is proposed as a treatment of opioid withdrawal and various substance use disorders.
In countries where alcohol and tobacco are legal, certain measures are frequently undertaken to discourage use of these drugs. For example, packages of alcohol and tobacco sometimes communicate warnings directed towards the consumer, communicating the potential risks of partaking in the use of the substance. These drugs also frequently have special sin tax
Sin tax
A sin tax is a kind of sumptuary tax: a tax specifically levied on certain generally socially proscribed goods and services. These goods are usually alcohol and tobacco, but also include candies, soft drinks, fat foods and coffee, while services range from prostitution to...
es associated with the purchase thereof, in order to recoup the losses associated with public funding for the health problems the use causes in long-term users. Restrictions on advertising also exist in many countries, and often a state holds a monopoly
Monopoly
A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity...
on manufacture, distribution, marketing, and/or the sale of these drugs.
In the United States, there is considerable legal debate about the impact these laws have had on Americans' civil rights. Critics claim that the War on Drugs has lowered the evidentiary burden required for a legal search of a suspect's dwelling or vehicle, or to intercept a suspect's communications. However, many of the searches that result in drug arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
s are often "commission" to search a person or the person's property.
People who consent to a search, knowing full well that they possess contraband, generally consent because they are ignorant of the fact that they have the right to decline permission to search. Under the laws of most U.S. states, police are not required to disclose to suspects that they have the right to decline a search. Even when a suspect does not give permission to search, police are often known to state in arrest affidavits and even provide sworn testimony that the suspect consented to the search, secure in the knowledge that a judge will normally weigh all questions of credibility in favour of law enforcement and against the accused.
Similarly, in cases where the accused does not consent to a search, courts have generally held police to a very low standard of reasonable suspicion and/or probable cause in drug cases, essentially endorsing "fishing expeditions" by stop-and-search highway interdiction police.
The sentencing statutes in the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
that cover controlled substances are notoriously intricate. For example, a first-time offender convicted in a single proceeding for selling marijuana three times, and found to have carried a gun on him all three times (even if it were not used) is subject to a minimum sentence of 55 years in federal prison. U.S. v. Angelos, 345 F. Supp. 2d 1227 (D. Utah 2004).
Drug sentencing guidelines under state law in America are generally much less harsh than the federal sentencing guidelines. The vast majority of drug felonies and almost all drug misdemeanors in the United States are prosecuted at the state level. The federal government tends to prosecute only drug trafficking cases involving large amounts of drugs, or cases, which have been referred to federal prosecutors by local district attorneys seeking harsher sentences under the federal sentencing guidelines. In rare instances, some defendants are prosecuted both federally and by the state for the same drug trafficking conduct. The United States Supreme Court has ruled that a defendant does not face double jeopardy if he is convicted and sentenced by both the state and federal government for the same underlying criminal conduct.
Sometimes, crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s not directly related to drug use and sale are prohibited. For example, the United States recently brought charges against club
Nightclub
A nightclub is an entertainment venue which usually operates late into the night...
owners for maintaining a place of business where a) Ecstasy is known to be frequently consumed; b) paraphernalia
Drug paraphernalia
Drug paraphernalia is a term used, often with a slightly negative connotation due to its use in criminal law field e.g. "possession of drug paraphernalia", to denote any equipment, product, or material that is modified for making, using, or concealing drugs, typically for recreational purposes...
associated with the use of Ecstasy is sold and/or widely tolerated (such as glow sticks and pacifier
Pacifier
A pacifier is a rubber, plastic, or silicone nipple given to an infant or other young child to suck upon. In its standard appearance it has a teat, mouth shield, and handle...
s); and c) "chill-out rooms" are created, where Ecstasy users can cool down (Ecstasy users in club settings tend to dance for extended periods of time, raising the user's blood temperature
Thermoregulation
Thermoregulation is the ability of an organism to keep its body temperature within certain boundaries, even when the surrounding temperature is very different...
). These are being challenged in court by organizations such as the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
(ACLU) and Drug Policy Alliance.
Drug prohibition has created several legal dilemmas. For example many countries allow the use of undercover
Undercover
Being undercover is disguising one's own identity or using an assumed identity for the purposes of gaining the trust of an individual or organization to learn secret information or to gain the trust of targeted individuals in order to gain information or evidence...
law enforcement
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
officers solely or primarily for the enforcement of laws against use of certain drugs. Many of these officers are allegedly allowed to commit crimes if it is necessary to maintain the secrecy of the investigation, or in order to collect adequate evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
for a conviction. Some people have criticized this practice as failing to ensure equality under the law because it grants police officers the right to commit crimes that no other citizen could commit without potential consequences.
Another legal dilemma is the creation of a legal loop hole allowing for the arbitrary arrest and prosecution of anyone in several countries. This is the result of several drugs such as Dimethyltryptamine
Dimethyltryptamine
N,N-Dimethyltryptamine is a naturally occurring psychedelic compound of the tryptamine family. DMT is found in several plants, and also in trace amounts in humans and other mammals, where it is originally derived from the essential amino acid tryptophan, and ultimately produced by the enzyme INMT...
, GHB and morphine
Morphine
Morphine is a potent opiate analgesic medication and is considered to be the prototypical opioid. It was first isolated in 1804 by Friedrich Sertürner, first distributed by same in 1817, and first commercially sold by Merck in 1827, which at the time was a single small chemists' shop. It was more...
being illegal to possess but also inherently present in all humans as a result of endogenous synthesis. Since some jurisdictions classify possession of drugs to include having the drug present in the blood in any concentration, all residents of such countries are technically in possession of multiple illegal drugs at all times.
The War on Drugs has stimulated the creation of international law enforcement agencies (such as Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
), mostly in Western countries. This has occurred because a large volume of illicit drugs come from Third-World countries.
Social control
In Hallucinations: Behavior, Experience, and Theory (1975), senior US government researchers Louis Jolyon WestLouis Jolyon West
Louis Jolyon West was an American psychiatrist, human rights activist and expert on brainwashing, mind control, torture, substance abuse, post traumatic stress disorder and violence....
and Ronald K. Siegel
Ronald K. Siegel
Ronald Keith Siegel is an American psychiatrist, research professor in the Department of Psychiatry and Biobehavioral Sciences at the University of California, Los Angeles , and the author of several noted studies and books on psychopharmacology, hallucination, and paranoia...
explain how drug prohibition can be used for selective social control:
Academic Noam Chomsky
Noam Chomsky
Avram Noam Chomsky is an American linguist, philosopher, cognitive scientist, and activist. He is an Institute Professor and Professor in the Department of Linguistics & Philosophy at MIT, where he has worked for over 50 years. Chomsky has been described as the "father of modern linguistics" and...
argues that Drug laws are currently, and have historically, been used by the state to oppress sections of society it opposes:
United States
Drug possession is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction.In the U.S., the penalty for illegal drug possession and sale can vary from a small fine to a prison sentence. In some states, marijuana possession is considered to be a petty offense, with the penalty being comparable to that of a speeding violation. In some municipalities, possessing a small quantity of marijuana in one's own home is not punishable at all. Generally, however, drug possession is an arrestable offense, although first-time offenders rarely serve jail time.
Federal law makes even possession of soft drugs, such as cannabis, illegal, though some local governments have laws contradicting federal laws.
In the U.S., the War on Drugs is thought to be contributing to a prison overcrowding problem. In 1996, 59.6% of prisoners were drug-related criminals. The U.S. population grew by about +25% from 1980 to 2000. In that same 20 year time period, the U.S. prison population tripled, making the U.S. the world leader in both percentage and absolute number of citizens incarcerated. The United States has 5% of the worlds population, but 25% of the prisoners.
Australia
There is a movement in Australia to make some substances decriminalizedDecriminalization
Decriminalization or Decriminalisation is the abolition of criminal penalties in relation to certain acts, perhaps retroactively, though perhaps regulated permits or fines might still apply . The reverse process is criminalization.Decriminalization reflects changing social and moral views...
, particularly cannabis
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
, making the possession of such a non-convictable offense in most states (however, the definition of what constitutes possession can differ between states).
As a result of the decriminalization, the punishments for drug use and drug dealing in Australia are typically very small, with many convicted small-time drug dealers not having to spend any time in jail.
There is an associated anti-drug culture amongst a significant number of Australians. Law enforcement targets drugs, particularly in the party scene.
The Netherlands
In the Netherlands, cannabis and other "soft" drugs are partly decriminalised in small quantities. The Dutch government treats the problem as more of a public health issue than a criminal issue. Contrary to popular belief, cannabis is still illegal, mostly to satisfy the country's agreements with the United Nations. Coffee shopsCannabis coffee shop
Coffeeshops are establishments in the Netherlands where the sale of cannabis for personal consumption by the public is tolerated by the local authorities ....
that sell cannabis to people 18 or above are tolerated in some cities, and pay taxes like any other business for their cannabis and hashish sales, although distribution is a grey area that the authorities would rather not go into as it is not decriminalised. Many "coffee shops" are found in Amsterdam
Amsterdam
Amsterdam is the largest city and the capital of the Netherlands. The current position of Amsterdam as capital city of the Kingdom of the Netherlands is governed by the constitution of August 24, 1815 and its successors. Amsterdam has a population of 783,364 within city limits, an urban population...
and cater mainly to the large tourist trade; the local consumption rate is far lower than in the US. Each coffee shop will, from 2012, operate like a private club with some 1,000 to 1,500 members. In order to qualify for a membership card, applicants must be adult Dutch citizens, membership will only be allowed in one club.
Netherlands has the highest antidrug related public expenditure per capita of all countries in EU (139 EUR per capita, 2004).
Similarly to the rest of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
member states and American democracies, controlled drugs are illegal in the Netherlands. Nevertheless, illegal drugs are consumed worldwide, causing concern in the international community. According to the United Nations Drug Control Programme, results in the 2001 World Drug Report
World Drug Report
The World Drug Report is a United Nations Office on Drugs and Crime annual publication that analyzes market trends, compiling detailed statistics on drug markets.-References:*....
estimate "that the extent of drug abuse in the world involves about 180 million people, which represents 3% of the global population. The majority of drug users (80%) used cannabis, followed by amphetamine-type stimulants such as methamphetamine, amphetamine and substances of the ecstasy group (16%), cocaine (8%), heroin (5%) and other opiates (2%)".
The administrative bodies responsible for enforcing the drug policies include the Ministry of Health, Welfare and Sport, the Ministry of Justice, the Ministry of the Interior and Kingdom Relations, and the Ministry of Finance. Local authorities also shape local policy, within the national framework. The prohibition policy is heavily influenced by the international community (through the United Nations), especially the neighboring states of France and Germany, which pressure the kingdom to be more strict, for they are directly affected through the illegal trafficking of narcotics coming from the Netherlands.
Legally, possession, manufacturing, trafficking, importation and exportation are forbidden. Nonetheless, it is not an offense to use drugs (Ministry of Foreign Affairs, 2003). There are different penalties involved when breaking the law, which may include a monetary fine, imprisonment, or both. To apply the law, the government differentiates between "soft" and "hard" drugs. Soft drugs are considered to produce less harm to both the individual and society, these being used mainly for folk medicine
Folk medicine
-Description:Refers to healing practices and ideas of body physiology and health preservation known to a limited segment of the population in a culture, transmitted informally as general knowledge, and practiced or applied by anyone in the culture having prior experience.All cultures and societies...
and recreational purposes. This category encompasses cannabis (nederwiet), hashish and some fungi. Hard drugs are considered to cause considerable personal harm through addiction and physical detriment, as well as nuisance to society, by increasing crime and deteriorating families. Cocaine, heroin, etc. belong to this category.
Along with these two categories, there is a pyramid of priority when it comes to prosecution by law enforcement agencies.
- The handling and trade of hard drugs is on the zenith, being a joint target not only by the Netherlands, but also by the international community. This can be punished by maximum sentences of twelve years of imprisonment and/or a fine of up to €EuroThe euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...
45.000. - The second priority is given to the production and trade of soft drugs. Deviation from the AHOJ-G criteria for coffee shops may result in up to four years of imprisonment and/or a fine of €45.000.
- The third priority focuses on hard drug users. Instead of labeling the users of hard drugs as "criminals", the state aims to rehabilitate users and prevent others from becoming addicted. However, disturbance to society cased by the consumption of hard drugs can result in one year of prison and/or a €11.250 fine. Lastly, individuals possessing more than five grams for personal consumption, or disturbing the public, can go to prison for one month and/or be fined €2.250.
There are varying rules within this categories, for example the amount possessed, the role played in the transaction and the intent of the goods.
As regards coffee shops, the line between law and practice thins. A coffee shop is a heavily controlled business establishment where individuals can purchase a personal dose of soft drugs in the form of joints, pastry, drinks and packages. In theory illegal, these shops must abide by governmental and local regulations, as well as meet the AHOJ-G criteria, an acronym for: No Advertising, Hard drugs, Nuisance of any kind, Jongeren (minors under 18), and a limit of five grams per transaction. Additionally, the maximum stock at any time is five hundred grams. Local governments may impose additional rules, such as closing times, zoning (coffee shops may not be close to schools), and parking restrictions. The rationale behind coffee shops is to keep citizens away from the hard drugs scene, bringing them to a safe, social, and regulated environment.
When analyzing the Dutch model, both disadvantages and advantages can be drawn when comparing the results with other countries. On a moral argument, tolerating soft drugs can be seen as the defeat of the government against hedonism
Hedonism
Hedonism is a school of thought which argues that pleasure is the only intrinsic good. In very simple terms, a hedonist strives to maximize net pleasure .-Etymology:The name derives from the Greek word for "delight" ....
. Additionally, decades of growing and perfecting cannabis and hashish has resulted in increased levels of the main active hallucinogenic constituent tetrahydrocannabinol
Tetrahydrocannabinol
Tetrahydrocannabinol , also known as delta-9-tetrahydrocannabinol , Δ1-THC , or dronabinol, is the main chemical psychoactive substance found in the cannabis plant. It was first isolated in 1964. In pure form, it is a glassy solid when cold, and becomes viscous and sticky if warmed...
(THC), as levels have doubled, making the derived products more powerful, and therefore requiring less to achieve the desired effect.
The coffee shop will lose its license if it caught selling to minors. Though there was a slight increase of use at the beginning, the rates balanced out some years later. The presence of coffee shops does not translate in public urge for experimentation. In fact, most people that did not consume drugs before the enhancement of the policy continue not to use them.
When compared to other countries, Dutch drug consumption falls in the European average at six per cent regular use (twenty-one per cent at some point in life) and considerably lower than the Anglo-Saxon countries headed by the United States with an eight per cent recurring use (thirty-four at some point in life). Experts have come to the conclusion that the policies applied do not play a striking role in these statistics, though there is debate over this issue (CEDRO, 2004).
Indonesia
IndonesiaIndonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
carries a maximum penalty of death for drug dealing
Capital punishment for drug trafficking
In certain countries importing, exporting or even possession of illegal drugs is punishable by death.-Issues:There have been issues about having the death penalty for drug trafficking, including being framed with someone else putting drugs into another's luggage at airports...
, and a maximum of 15 years prison for drug use.
In 2004, Australian citizen Schappelle Corby was convicted of smuggling 4.4 kilograms of cannabis in to Bali
Bali
Bali is an Indonesian island located in the westernmost end of the Lesser Sunda Islands, lying between Java to the west and Lombok to the east...
, a crime that carried a maximum penalty of death. Her trial reached the verdict of guilty with a punishment of 20 years imprisonment. Corby claimed to be an unwitting drug mule.
Australian citizens known as the "Bali Nine
Bali Nine
The Bali Nine is the name given to a group of nine Australians arrested on 17 April 2005, in Denpasar, Bali, Indonesia, in a plan to smuggle of heroin valued at approximately A$4 million from Indonesia to Australia...
" were caught smuggling heroin, and each face the death penalty.
In August 2005, Australian model Michelle Leslie
Michelle Leslie
Michelle Leslie , who also works under the name Michelle Lee, is an Australian model. Leslie is best known for her 2005 arrest, conviction and three-month imprisonment for possessing two ecstasy tablets in Bali, Indonesia...
was arrested with two Ecstasy pills. She pleaded guilty to possession and in November 2005 was sentenced to 3 months imprisonment, which she was deemed to have already served, and was released from prison immediately upon her admission of guilt on the charge of possession.
Methods of law enforcement
Because the possession of drugs is a victimless crime that can be committed in privacyPrivacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
, the enforcement of prohibitionist laws requires methods of law enforcement to inspect even private property. In societies with strong property law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
s or individual rights, this may present a risk for conflicts or violations of right
Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
s.
Disrupting the market relies on eradication, interdiction and domestic law enforcement efforts.
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
, Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
and Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
, coca (the plant source for cocaine) and poppy (the plant source for opium and heroin) are eradicated by the United States and other allies such as the United Kingdom, so that the crops cannot be processed into narcotics. Eradication can be accomplished by aerial spraying or manual eradication. However, the eradication is only temporary as the harvest fields can usually be replanted after a certain amount of time.
The government of Colombian President Álvaro Uribe
Álvaro Uribe
Alvaro Uribe Vélez was the 58th President of Colombia, from 2002 to 2010. In August 2010 he was appointed Vice-chairman of the UN panel investigating the Gaza flotilla raid....
has resisted criticism of aerial spraying of coca and poppy and has seen major reductions in both crops according to the United Nations Office of Crime and Drugs (See also Plan Colombia
Plan Colombia
The term Plan Colombia is most often used to refer to U.S. legislation aimed at curbing drug smuggling and combating a left-wing insurgency by supporting different activities in Colombia....
). In 2003, over 1,300 square kilometers of mature coca were sprayed and eradicated in Colombia, where at the start of the year, approximately 1,450 square kilometers had been planted. This strategic accomplishment prevented the production over 500 tonnes of cocaine, sufficient to supply all the cocaine users in both US and Europe for one year. Further, it eliminated upward of $100 million of illicit income that supports narco-terrorism in Colombia. No effect on prices or availability in the marketplace has been noted, and the actual number of acres of coca planted seems to have actually increased, largely shifting to more remote areas or into neighboring countries. Aerial spraying also has the unintended consequence of destroying legitimate crop fields in the process.
Interdiction is carried out primarily by aerial and naval armed forces patrolling known trafficking zones. From South America to the United States most drugs traverse either the Caribbean Sea or the Eastern Pacific, usually in "go-fast
Go-fast boat
A go-fast boat, or cigarette boat, is a small, fast boat designed with a long narrow platform and a planing hull to enable it to reach high speeds....
" boats that carry drug cargos and engines and little else.
Investigation on drug trafficking often begins with the recording of unusually frequent deaths by overdose, monitoring financial flows of suspected traffickers, or by finding concrete elements while inspecting for other purposes. For example, a person pulled over for traffic violations may have illicit drugs in his or her vehicle, thus leading to an arrest and/or investigation of the source of the materials. The United States federal government has placed a premium on disrupting the large drug trafficking organizations that move narcotics into and around the United States, while state and local law enforcement focus on disrupting street-level drug dealing gangs.
Drug control strategy
Present drug control efforts utilize several techniques in the attempt to achieve their goal of eliminating illegal drug use:- Disrupting the market for drugs
- Prevention efforts that rely on community activism, public information campaigns to educate the public on the potential dangers of drug use
- Law-enforcement efforts against elements of the supply chain, through surveillance and undercover work
- Providing effective and targeted substance abuse treatment to dependent users
Alternatives to prohibition
On February 11, 2009 a document called Drugs and democracy in Latin America: Towards a paradigm shift was signed by several Latin American political figures, intellectuals, writers and journalists as commissioners of the Latin American Initiative on Drugs and DemocracyLatin American Initiative on Drugs and Democracy
The Latin American Initiative on Drugs and Democracy in March, 2009, issued a report which "declared the war on drugs a failure," according to one commentator. The commentator drew parallels with the Prohibition in the United States and also reviewed signs of relaxing attitudes toward drugs...
. The document questioned the war on drugs and points out its failures. It also indicates that prohibition has come with an extensive social cost, especially to the countries that take part in the production of illicit drugs. Although controversial, the document does not endorse either the production or consumption of drugs but recommends for both a new and an alternative approach. The document argues that drug production and consumption has become a social taboo
Taboo
A taboo is a strong social prohibition relating to any area of human activity or social custom that is sacred and or forbidden based on moral judgment, religious beliefs and or scientific consensus. Breaking the taboo is usually considered objectionable or abhorrent by society...
that inhibits the public debate because of its relationship to crime and as consequence it confines consumers to a small circle where they become more vulnerable to the actions of organized crime. The authors also demand for a close review to the prohibitive strategies of the United States
Drug policy of the United States
Drug use has increased in all categories since prohibition except that opium use is at a fraction of its peak level. The big decline in use of opium started already after the Harrison Act of 1914. Use of heroin peaked between 1969 and 1971, cocaine, between 1987 and 1989 and marijuana between 1978...
and the study of the advantages and limits of the damage reduction strategy followed by the European Union. The proposal uses three paradigms as an alternative:
- The treatment of consumption as a problem of public healthPublic healthPublic health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...
. - The reduction of consumption through the dissemination of information and prevention.
- A new focus towards organized crime.
The document favors the European policies towards drug consumption since according to the authors it is more humane and efficient. The signers of this document are: Fernando Henrique Cardoso
Fernando Henrique Cardoso
Fernando Henrique Cardoso – also known by his initials FHC – was the 34th President of the Federative Republic of Brazil for two terms from January 1, 1995 to December 31, 2002. He is an accomplished sociologist, professor and politician...
, Ernesto Zedillo
Ernesto Zedillo
Ernesto Zedillo Ponce de León is a Mexican economist and politician. He served as President of Mexico from December 1, 1994 to November 30, 2000, as the last of the uninterrupted seventy year line of Mexican presidents from the Institutional Revolutionary Party...
, Cesar Gaviria
César Gaviria
César Gaviria Trujillo is a Colombian politician and a Latin American statesman. He served as President of Colombia from 1990 to 1994, and Secretary General of the Organization of American States from 1994 until 2004.-Early life:...
, Paolo Coelho, Enrique Santos
Enrique Santos
Enrique Santos is an American radio personality, former police officer, dispatcher and comedian. Santos hosts the Enrique Santos and Joe Ferrero Show, alongside radio veteran Joe "El Professor" Ferrero, five days a week on WCAA La Kalle 105.9 FM from New York City.-References:...
, Mario Vargas Llosa
Mario Vargas Llosa
Jorge Mario Pedro Vargas Llosa, 1st Marquis of Vargas Llosa is a Peruvian-Spanish writer, politician, journalist, essayist, and Nobel Prize laureate. Vargas Llosa is one of Latin America's most significant novelists and essayists, and one of the leading authors of his generation...
, Moisés Naím
Moisés Naím
-External links:****...
, Tomas Eloy Martinez
Tomás Eloy Martínez
Tomás Eloy Martínez was an Argentine journalist and writer.-Life and work:Born in San Miguel de Tucumán, Martínez obtained a degree in Spanish and Latin American literature from the University of Tucumán, and an MA at the University of Paris...
Two years later in mid-2011, the core of the Initiative and its commission were extended and endorsed in a report issued by the Global Commission on Drug Policy
Global Commission on Drug Policy
The Global Commission on Drug Policy was a 19-person panel which issued an assessment in 2011 of the global war against drugs, saying "it's an abject disaster" according to one report. The emphasis in drug policy on harsh law enforcement over four decades has not accomplished its goal of banishing...
. Joining the three former presidents of Colombia, Brazil and Mexico and Nobel Prize for Literature winner Llosa on the Global Commission were former U.S. Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
George P. Schultz and Federal Reserve chair Paul Volcker
Paul Volcker
Paul Adolph Volcker, Jr. is an American economist. He was the Chairman of the Federal Reserve under United States Presidents Jimmy Carter and Ronald Reagan from August 1979 to August 1987. He is widely credited with ending the high levels of inflation seen in the United States in the 1970s and...
; Carlos Fuentes
Carlos Fuentes
Carlos Fuentes Macías is a Mexican writer and one of the best-known living novelists and essayists in the Spanish-speaking world. He has influenced contemporary Latin American literature, and his works have been widely translated into English and other languages.-Biography:Fuentes was born in...
, Mexican writer and public intellectual; John C. Whitehead
John C. Whitehead
John Cunningham Whitehead is an American banker and civil servant, currently a board member of the World Trade Center Memorial Foundation and, until his resignation in May 2006, chairman of the Lower Manhattan Development Corporation.-Biography:He was born in Evanston, Illinois...
, formerly of Goldman Sachs
Goldman Sachs
The Goldman Sachs Group, Inc. is an American multinational bulge bracket investment banking and securities firm that engages in global investment banking, securities, investment management, and other financial services primarily with institutional clients...
; and Kofi Annan
Kofi Annan
Kofi Atta Annan is a Ghanaian diplomat who served as the seventh Secretary-General of the UN from 1 January 1997 to 31 December 2006...
, former Secretary-General of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
.
See also
- Arguments for and against drug prohibitionArguments for and against drug prohibitionArguments about the prohibition of drugs, and over drug policy reform, are subjects of considerable controversy. The following is a presentation of major drug policy arguments, including those for drug law enforcement on one side of the debate, and arguments for drug law reform on the other.-...
- Drug liberalizationDrug liberalizationDrug liberalization is the process of eliminating or reducing drug prohibition laws. Variations of drug liberalization include drug relegalization, drug legalization, and drug decriminalization -Policies:...
- Demand reductionDemand reductionDemand reduction refers to efforts aimed at reducing public desire for illegal and illicit drugs. This drug policy is in contrast to the reduction of drug supply, but the two policies are often implemented together...
- Harm reductionHarm reductionHarm reduction refers to a range of public health policies designed to reduce the harmful consequences associated with recreational drug use and other high risk activities...
- ProhibitionismProhibitionismProhibitionism is a legal philosophy and political theory often used in lobbying which holds that citizens will abstain from actions if the actions are typed as unlawful and the prohibitions are enforced by law enforcement...
- Drug policy of the Soviet UnionDrug policy of the Soviet UnionThe drug policy of the Soviet Union changed little throughout the existence of the state, other than slowly becoming stricter, although some differences in penalties existed in the different Union Republics...
US specific:
- School district drug policiesSchool district drug policiesSchool district drug policies are measures that administrators of a school district put into place to discourage drug use by students.-Background:...
- Drug Policy AllianceDrug Policy AllianceThe Drug Policy Alliance is a New York City-based non-profit organization, led by executive director Ethan Nadelmann, with the principal goal of ending the American "War on Drugs"...
- DrugWarRantDrugWarrantDrugWarRant is a website created by activist Peter Guither that specifically advocate the termination of War on Drugs in United States. It has a Bulletin Board System, a blog, and other functions, including a comprehensive guide to the Supreme Court case Gonzales v...
- Gary WebbGary WebbGary Webb was a Pulitzer prize-winning American investigative journalist.Webb was best known for his 1996 "Dark Alliance" series of articles written for the San Jose Mercury News and later published as a book...
- Marijuana Policy ProjectMarijuana Policy ProjectThe Marijuana Policy Project, or MPP, is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff...
- National Organization for the Reform of Marijuana Laws
- Students for Sensible Drug PolicyStudents for Sensible Drug PolicyStudents for Sensible Drug Policy is an international non-profit advocacy and education organization based in Washington D.C., with offices in both Washington D.C. and San Francisco, CA...
Further reading
- Eva Bertram, ed., Drug War Politics: The Price of Denial, University of California Press, 1996, ISBN 0-520-20309-7.
- James P. Gray, Why Our Drug Laws Have Failed and What We Can Do About It: A Judicial Indictment of the War on Drugs Temple University Press, 2001, ISBN 1-56639-859-2.
- Richard Lawrence Miller, Drug Warriors and Their Prey, Praeger, 1996, ISBN 0-275-95042-5.
- Dan Baum, Smoke and Mirrors: The War on Drugs and the Politics of Failure, Little Brown & Co., 1996, ISBN 0-316-08412-3.
- Alfred W. McCoy, The Politics of Heroin: CIA Complicity in the Global Drug Trade, Lawrence Hill Books, 1991, ISBN 1-55652-126-X.
- Clarence Lusane and Dennis Desmond, Pipe Dream Blues: Racism and the War on Drugs, South End Press, 1991, ISBN 0-89608-411-6.
- United Nations Office on Drugs and Crime, Colombian Survey, June 2005.
- Office of National Drug Control Policy, National Drug Control Strategy, March 2004.
- David F. MustoDavid F. MustoDavid Franklin Musto was an American expert on U.S. drug policy and the War on Drugs who served as a government adviser on the subject during the Presidency of Jimmy Carter...
, The American Disease, The Origins of Narcotics Controls, New Haven: Yale University Press, 1973, p. 43 - Re-thinking drug control policy - Historical perspectives and conceptual tools by Peter Cohen
- Policy from a harm reduction perspective (journal article)
- Global drug prohibition: its uses and crises (journal article)
- Self-administration behavior is maintained by the psychoactive ingredient of marijuana in squirrel monkeys (journal article)
- Should cannabis be taxed and regulated? (journal article)
- Learning from history: a review of David Bewley-Taylor’s The United States and International Drug Control, 1909–1997 (journal article)
- Shifting the main purposes of drug control: from suppression to regulation of use
- Setting goals for drug policy: harm or use reduction?
- Prohibition, pragmatism and drug policy repatriation
- Challenging the UN drug control conventions: problems and possibilities
- The Economics of Drug Legalization
- Britain on drugs (journal article)
- Laws and the Construction of Drug- and Gender-Related Violence in Central America by Peter Peetz
External links
- Making Contact: The Mission to End Prohibition. Radio piece featuring LEAP founder and former narcotics officer Jack ColeJack A. ColeJack A. Cole is an American drug policy reform activist and retired police officer. He is the executive director of Law Enforcement Against Prohibition ,...
, and Drug Policy Alliance founder Ethan NadelmannEthan NadelmannEthan Nadelmann is the founder and executive director of the Drug Policy Alliance, a New York City-based non-profit organization working to end the War on Drugs. Described by Rolling Stone as, "the point man for drug-policy-reform efforts," Ethan Nadelmann is known as a high profile critic and... - Drug War Facts
- Students for Sensible Drug Policy
- Drug Policy Alliance
- National Youth Anti-Drug Media Campaign
- Fifteen Years to Life
- EMCDDA - Decriminalisation in Europe? Recent developments in legal approaches to drug use.
- European Coalition for Just and Effective Drug Policies (ENCOD)
- The Media Awareness Project
- Frontline: drug wars by PBS
- 10 Downing Street's Strategy Unit Drugs Report
- War on drugs Part I: Winners, documentary (50 min) explaining 'War on Drugs' by Tegenlicht of VPRO Dutch television. After short introduction in Dutch (1 min), English spoken. Broadband internet needed.
- War on drugs Part II: Losers, documentary (50 min) showing downside of the 'War on Drugs' by Tegenlicht of VPRO Dutch television. After short introduction in Dutch (1 min), English spoken. Broadband internet needed.
- DrugSense
- Smoked Out
- American Drug War
- The Committee on Unjust Sentencing
- Transform Drug Policy Foundation
- After the War on Drugs: Options for Control (Report)
- Partnership for Drug Freedom in America
- The Drug War as a Socialist Enterprise by Milton Friedman
- Network Against Prohibition
- National Organization for the Reform of Marijuana Laws
- Law Enforcement Against Prohibition (LEAP)
- Free from the Nightmare of Prohibition by Harry BrowneHarry BrowneHarry Browne was an American libertarian writer, politician, and free-market investment analyst. He ran for President of the United States as the nominee of the Libertarian Party in 1996 and 2000....
- War on Drugs - How government drug war policies promote violence, destroy liberty and actually increase drug abuse.
- Prohibition news page - Alcohol and Drugs History SocietyAlcohol and Drugs History SocietyThe Alcohol and Drugs History Society is a scholarly organization whose members study the history of a variety of illegal, regulated, and unregulated drugs such as opium, alcohol, and coffee. Organized in 2004, the ADHS is the successor to a society with a more limited scope, the Alcohol and...
- Drugs and conservatives should go together