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Oct-24-2007 05:24printcomments

Prohibition in the 21st Century: A Poor Policy

The policy simply makes no sense.

First victim of Marijuana Prohibition
Sam Caldwell, the first victim of Marijuana Prohibition
Courtesy: NORML

(SALEM, Ore.) - Prohibition. Most think of it as just against alcohol. But that was just one target of this failed governmental policy.

With the Eighteenth Amendment to the United States Constitution, ratified January 29th 1919 and the Volstead Act, passed October 28th 1919, Prohibition began on January 16th 1920, when the Eighteenth Amendment went into effect and that brought Prohibition of alcohol into the US.

The policy was such a 'rousing success' that speakeasies popped up everywhere, unsafe bathtub gin was made and consumed to great harm nationwide, organized crime flourished with incredible income streams from the manufacture, import and sale of illegal alcoholic beverages and the only Constitutional Amendment ever to be repealed was removed only 13 years after it was put into effect with the ratification of the Twenty-first Amendment, on December 5th 1933.

It took only 13 years for the people of the US to see the utter stupidity and completely failed policy inherent in Prohibition of alcohol. So much so that any suggestion of banning the other most deadly drug, tobacco, is scoffed at (rightly) as unworkable and a foolish idea.

So how come this country that learned its lesson with one drug enough to refuse to repeat its mistake with another somehow seems perfectly ok with the ridiculously failed policy of Prohibition known as the War on (some) Drugs?

This is a policy so ludicrous that it has alcohol and tobacco legal for use by adults when they together kill approximately 300,000 people per year while at the same time banning legal use of marijuana that has yet to be shown to have ever caused the death of even a single person. Not only that but while study after study conclusively prove the medical benefits of cannabis use for some patients the government, to continue the farce, continues to wallow in denial regarding these facts.

Additionally, hemp as a fiber for ropes, clothing, etc would be a significant industry having nothing to do with drug use, but the textile industries are more than happy to see the Prohibition policies continue as they directly benefit.

It is undeniable that drug abuse can cause great harms both personally as well as socially. However Prohibition, as a policy, has never been successful in stopping or changing this fact. All Prohibition does, in every context it has ever been applied, is create a black market for whatever it is targeted at and lucrative income streams for the criminal element.

What HAS proven effective in both the cases of alcohol and tobacco is education and treatment availability. Do these eliminate the harms?

Nope. Nothing ever will. But they HAVE succeeded in significantly reducing use and abuse of both drugs.

And just like when Prohibition of alcohol was in effect we have cheap and unsafe drugs being used (such as meth) which would not be used anywhere near as much if all drugs were fully legalized. Just like bathtub gin all but disappeared with the end of Prohibition in 1933 it is very likely the same would happen to meth use if drugs were legalized. Why would someone choose to use meth if they had so many other safer options to choose from? Yes, some would still use harmful drugs like meth, just like some still use alcohol and tobacco, each of which, though legal, kill many times annually the total number killed each year by all other drug abuse combined.

The policy simply makes no sense.

Not only does it eat up finite and expensive law enforcement resources, court resources, prison resources etc, but it also wrecks lives which would otherwise have gone on unharmed were it not for the failed laws.

The policy also gives incredible amounts of funding to criminal gangs and denies legal government astounding levels of tax revenues. From a product safety standpoint it is a no brainer as well, since legal drugs are going to be more high quality and consistent than illegal drugs currently tend to be. With legalization the prices of currently illegal drugs would plummet thereby reducing the crime that exists solely because addicts have to pay extremely high prices for their drugs currently.

Additionally any credible research will show that the basis of marijuana banning, for example, is racism - it was argued that it was only used by blacks and orientals and later hispanics to fuel their 'inherently genetic criminal proclivities'. Additionally as stated the textile industry has never cried a single tear that they have not had to compete with hemp.

On virtually every level or aspect one looks at it Prohibition must be one of the most grievously idiotic ideas to come down the pike.

And it is not just drugs where this failed policy has been used and promoted, with equally spectacular failure. Prostitution, Gambling and even Abortion have been subjected to this failed policy. The first two still are. And the same public expense, personal freedom public health and safety and other arguments apply equally in those cases as well.

How many more trillions of dollars need to be wasted? How many more millions of lives need to be lost or harmed? When will the people of this allegedly free country wake up to the reality that you cannot control personal stupidity with laws? It never works. It never has and it clearly never will. Just tune in to the show Jackass, or its many spawned imitators, to know this fact to be true.

But it is not the place or purpose of the government to protect us from ourselves as adults. And it will always be a failed policy for the government to try.




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Detective D November 11, 2007 7:01 pm (Pacific time)

The government has been lieing to us for years about the affects of different drugs. Just think about the Medical Industry... Prescription Drugs are not illegal because why? The Pharmecutical Companies out there are making too much money off the deal. Make all drugs illegal that aren't made by us.(Pharmecies)(Tabbacco Industries)(Alcohol Industries) All safe?? Some are but we are living in a world where our rights are being taken away everytime you think. Remember that, the government doens't want everyone to think "TOO MUCH" Who says what is safe for ourselves...? Taxes? Arrests and Prisons? The government will keep you safe. Seems reasuring doens't it.


GreenFloyd October 25, 2007 11:52 pm (Pacific time)

Dear Skipper, Very good question. You may be pleased to know that placing an excise on any commodity is a well established practice dating back thousands of years. In other words it ain't rocket science. You wrote, "Show the government how they can "TAX" it; as long as the U.S. Government gets its share, it does not care. I am dead serious!" I am curious how you arrived at this conclusion? I and many others have walked the halls of various state and local and federal officials and for the most part all we've got was frostbite from all the cold shoulders. If you are or if you know of anybody in political office who wants to help make these badly needed reforms please let us know who they are.


Skipper Osborne October 25, 2007 1:27 pm (Pacific time)

Okay folks, you want to stop the crimanalization of any drugs? Show the government how they can "TAX" it; as long as the U.S. Government gets its share, it does not care. I am dead serious!


GreenFloyd October 24, 2007 9:14 pm (Pacific time)

Good commentary Mr. Feldman. It's good to see Salem News encouraging an open and honest debate over these stupid drug policies. Reformers should not overlook the importance of standing for the rule of law and the terrible harm our drug laws do in that regard. The hard reality is these laws are mostly unenforceable and widely ignored. Thus breeding contempt and disrespect for the law itself, and those who enforce them. Thank you


Neal Feldman October 24, 2007 6:04 pm (Pacific time)

Sue - Not always. Look at OMMA and the Beasley case... the law specifically says he can do what he was doing yet Keizer police arrest him anyway So mych for law enforcement following the laws. Ah well...


Sue October 24, 2007 1:16 pm (Pacific time)

Vic: law enforcement just enforces the laws that are brought to them. Change the lawmakers, and the enforcers will follow.


Nory King October 24, 2007 11:30 am (Pacific time)

Bravo! Very well articulated and justified. It is sad that wisdom and logic seem not to influence federal policy, though.


Vic October 24, 2007 7:52 am (Pacific time)

Right on , Neal ! I think law enforcement would rather bust potheads than real criminals that might fight back. Plus it is a cash cow....fines , court fees, lawyer fees, and the expensive "classes" that offenders are forced to take.Bad laws were meant to be broken.

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