Drugs And Legality: Breaking The Law

The prohibition of drugs is a common means of attempting to prevent the recreational use of certain intoxicating substances. An area has a prohibition of drugs when its government uses the force of law to punish the use or possession of drugs which have been classified as controlled. The first modern law in Europe for the regulating of drugs was the Pharmacy Act 1868 in the United Kingdom. In the US, the Harrison Act was passed in 1914, and required sellers of opiates and cocaine to get a license. In the UK the Defence of the Realm Act 1914, passed at the onset of the First World War, gave the government wide-ranging powers to requisition the property and to criminalize specific activities. After the war, this legislation was maintained and strengthened with the passing of the Dangerous Drugs Act 1920.

In the twenty-first century, caffeine has pharmaceutical uses. Caffeine is used to treat bronchopulmonary dysplasia. In most cultures, caffeine in the form of coffee or tea is unregulated. Over 2.25 billion cups of coffee are consumed in the world every day. Some religions, including the Church of Jesus Christ of Latter-day Saints, prohibit coffee. They believe that it is both physically and spiritually unhealthy to consume coffee.

In the US, 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 US population grew by about +25% from 1980 to 2000. In that same 20-year time period, the US prison population tripled, making the US the world leader in both percentage and absolute number of citizens incarcerated.

In 2004, the Council of the European Union adopted a framework decision harmonizing the minimum penal provisions for illicit drug-related activities. In particular, article 2(9) stipulates that activities may be exempt from the minimum provisions when it is committed by its perpetrators exclusively for their own personal consumption as defined by national law. This was made, in particular, to accommodate more liberal national systems such as the Dutch coffee shops or the Spanish Cannabis Social Clubs.

The classification of drugs

Legal Classification of Drugs

The legal classification of drugs varies by jurisdiction. For example, the United States, Canada, and the United Kingdom each have their own legal frameworks for classifying controlled substances. In the US, the Controlled Substances Act (CSA) of 1970 places drugs into five distinct schedules based on their medical use, potential for abuse, and safety or dependence liability. These schedules range from Schedule I, which includes drugs with no current medical use and a high potential for abuse, to Schedule V, which consists of drugs with a lower potential for abuse than Schedule IV and are typically used for medical purposes.

Chemical Classification of Drugs

Drugs can be classified based on their chemical structure and composition. This type of categorisation focuses on the similarities in chemical structures and mechanisms of action among different drugs. For example, the β-lactam antibiotic class of drugs shares a common chemical structure and mechanism of action, targeting specific biological processes.

Pharmacological Classification of Drugs

The pharmacological classification of drugs involves grouping them based on their biological targets and mechanisms of action. This categorisation considers how drugs interact with specific molecular targets, such as receptors, enzymes, or ion channels. For instance, drugs can act as agonists, antagonists, inverse agonists, or modulators at receptor targets.

Biological and Medical Classification of Drugs

Drugs can also be classified based on the anatomical or functional changes they induce and the pathologies they are used to treat. This type of categorisation focuses on the physiological effects of drugs and their therapeutic applications. For example, chronotropes and inotropes are classified based on their positive or negative effects on heart rate and cardiac contractility, respectively.

Comprehensive Drug Classification Systems

There are comprehensive systems that integrate multiple classification criteria, such as anatomical, therapeutic, pharmacological, and chemical properties. One example is the Anatomical Therapeutic Chemical (ATC) Classification System, which organises drugs across five levels of specificity. Another example is the Systematized Nomenclature of Medicine (SNOMED), which includes a dedicated section for drug classification.

The legalisation of drugs

The topic of drug legalisation is a highly debated issue, with strong arguments on both sides.

Arguments for legalisation

Proponents of drug liberalisation argue that legalising drugs would eradicate the illegal drug market, reduce law enforcement costs and incarceration rates, and that prohibition of recreational drugs has been ineffective and counterproductive. They suggest that substance use is better responded to by implementing harm reduction practices and increasing the availability of addiction treatment. It is also argued that relative harm should be considered when regulating drugs. For example, some drugs which cause less harm than alcohol, caffeine or tobacco are entirely prohibited, with possession punishable by severe criminal penalties.

In addition, it is argued that the criminalisation of drugs creates many negative externalities, such as increased incarceration rates, the undertreatment of chronic pain, corruption, disproportional imprisonment of certain racial groups, compounding harm to users, and the destruction of inner cities and foreign countries.

Some also argue that prohibition decreases the quality of drugs, which can lead to more physical harm, like accidental overdoses and poisoning, to the user.

From an economic perspective, it has been estimated that ending the war on drugs would inject $76.8 billion into the US economy in a single year. The government would save $41.3 billion in law enforcement costs and gain up to $46.7 billion in tax revenue.

Arguments against legalisation

Opponents of drug liberalisation argue that it would increase the number of drug users, increase crime, destroy families, and increase the number of adverse physical effects among users. They also argue that legalisation would increase the availability of drugs, and therefore increase consumption.

Current Status

In the US, drugs are classified into five schedules based on their medical use, potential for abuse, and safety or dependence liability. Schedule I drugs, such as heroin, LSD, marijuana, and ecstasy, have no currently accepted medical use and a high potential for abuse. Other drugs, such as cocaine, methamphetamine, and oxycodone, are classified as Schedule II drugs, which have a high potential for abuse and can lead to severe psychological or physical dependence.

Despite the ongoing debate, there has been a movement towards drug decriminalisation in some countries. For example, Portugal has decriminalised the possession of small quantities of drugs, treating it as a public health issue rather than a criminal offence. This has resulted in positive outcomes, including a decrease in HIV infection rates and an increase in the number of people seeking treatment for drug addiction. Other countries, such as Spain, Italy, and Greece, have followed similar models.

In summary, the legalisation of drugs is a complex issue with valid arguments on both sides. While some argue that legalisation would bring about positive changes, such as reduced crime and enhanced public health, others warn of potential negative consequences, such as increased drug use and adverse physical effects.

The history of drug prohibition

19th Century

During the 19th century, there was little to no effective regulation of narcotics in the United States. While some states had statutes governing the sale of narcotics, and opium smoking was outlawed in many municipalities, these laws were often not enforced. This led to a significant number of drug addicts in the country, with estimates ranging from 300,000 to 500,000 opiate addicts by the turn of the century.

Early 20th Century

• 1906: The Pure Food and Drug Act was passed, requiring drugs such as alcohol, cocaine, heroin, morphine, and cannabis to be accurately labelled with contents and dosage.
• 1909: The Smoking Opium Exclusion Act banned the possession, importation, and use of opium for smoking, but allowed it to be used as a medication.
• 1911: Massachusetts became the first state to criminalize marijuana.
• 1913: California outlawed cannabis.
• 1914: The Harrison Narcotic Act was passed, regulating the production, importation, and distribution of opiates and cocaine. This act was later used to prosecute doctors who prescribed opiates to addicts.
• 1919: Alcohol prohibition began with the ratification of the 18th Amendment, which banned the manufacture, transportation, and sale of intoxicating liquors. This was followed by the National Prohibition Act (Volstead Act), which provided guidelines for federal enforcement.

Post-Prohibition Era

• 1933: The 18th Amendment was repealed with the ratification of the 21st Amendment, ending Prohibition.
• 1935: President Franklin D. Roosevelt hailed the International Opium Convention, which regulated cannabis, in a radio message to the nation.
• 1937: The Marijuana Tax Act was passed, placing a tax on the sale of cannabis and imposing heavy penalties for non-payment, including fines and prison sentences.
• 1951: The Boggs Act increased penalties for drug-related offenses, including mandatory penalties.
• 1956: The Daniel Act further increased penalties for drug offenses, despite growing evidence that contradicted claims about the negative effects of marijuana.
• 1969: Psychiatrist Dr. Robert DuPont conducted a urinalysis of individuals entering the D.C. jail system, finding that 44% tested positive for heroin. He started the first methadone treatment program in the Department of Corrections for heroin addicts.

The War on Drugs

• 1970: The Controlled Substances Act (CSA) was enacted, providing a federal drug policy that regulated the manufacture, importation, possession, use, and distribution of certain substances. Drugs were classified into five schedules based on their medical application and potential for abuse.
• 1971: President Richard Nixon officially declared a "War on Drugs," stating that drug abuse was "public enemy number one." He increased funding for drug-control agencies and proposed strict measures such as mandatory prison sentences.
• 1973: Nixon created the Drug Enforcement Administration (DEA), a special police force dedicated to targeting illegal drug use and smuggling.
• 1984: First Lady Nancy Reagan launched the "Just Say No" campaign to highlight the dangers of drug use.
• 1986: Congress passed the Anti-Drug Abuse Act, establishing mandatory minimum prison sentences for certain drug offenses. This led to a rapid increase in incarcerations for nonviolent drug crimes, with nearly half of those serving time in federal prisons in 2014 being incarcerated on drug-related charges.

Recent Developments

In recent years, there has been a shift away from strict drug prohibition policies, with some states legalizing marijuana for recreational use. However, the War on Drugs is still ongoing, and drug prohibition remains a controversial and divisive issue in the United States.

The impact of drug prohibition on society

Drug prohibition has had a significant impact on society, and its effectiveness as a policy has been questioned by many. The American Civil Liberties Union (ACLU) opposes the criminal prohibition of drugs, arguing that it fails as a drug control strategy and infringes on citizens' fundamental rights to privacy and personal autonomy.

Impact on Public Health

Drug prohibition has had unintended negative consequences for public health. The lack of quality control over illegal drugs means that users cannot be certain of the strength or contents of the substances they are taking. This can lead to contaminated or extremely potent drugs, causing disease and even death. The prohibition of drug paraphernalia, such as needles, has also contributed to the spread of diseases like HIV among intravenous drug users.

Impact on Crime and Violence

Rather than reducing drug-related crime, prohibition has led to the emergence of a violent black market controlled by criminal organizations. The "war on drugs" has resulted in a militarized approach to law enforcement, with billions of tax dollars spent on enforcement and incarceration, while illegal drug trafficking, violence, and drug abuse continue to thrive.

Impact on the Justice System

Drug prohibition has placed a significant burden on the justice system. Drug law violations constitute a substantial proportion of incarcerations, and the "lock 'em up" mentality has contributed to the steep climb in the US incarceration rate, making it the world's leading jailer. Nonviolent drug offenders make up a large percentage of the prison population, which is extremely costly to maintain.

Impact on Productivity and the Economy

Drug-related premature mortality, illness, and incarceration result in a significant loss of productivity. The economic cost of drug abuse and addiction is immense, with impacts on healthcare, lost productivity, and environmental destruction.

Impact on Treatment and Social Programs

The focus on law enforcement and incarceration has diminished the resources available for drug education, prevention, treatment, and social programs that could address the underlying causes of drug use.

Impact on Racial Minorities

While Black, Hispanic, and White Americans use illegal drugs at similar rates, there are disparities in the application of criminal penalties. African Americans are much more likely to be incarcerated for drug offenses, and drug-related health consequences, such as emergency department visits and overdose deaths, are also higher for Blacks than Whites.

Alternative Approaches

Some alternative approaches to drug prohibition have been proposed, such as decriminalization and regulation, which could potentially reduce the harmful effects of drug use and the associated crime and violence.

The legalisation of medical drugs

The legalisation of drugs is a highly debated topic, with strong arguments for and against. While some drugs are already legal, such as alcohol, caffeine, nicotine, and prescription medications, others like cannabis, amphetamines, ecstasy, cocaine, and heroin are illegal. The use of illegal drugs carries inherent risks due to the inconsistent content and quality across different batches.

Arguments for Legalisation

There are growing efforts to legalise certain drugs, particularly cannabis, which has been decriminalised for medical use in many places. This shift is driven by evidence suggesting that previously criminalised substances like cannabis and heroin may offer potential medical benefits. For instance, several European countries and Canada have endorsed the use of medicinal injectable and oral heroin as an effective treatment for heroin use disorder. Additionally, countries like Portugal, which decriminalised all illicit drugs in 2001, have reported subsequent decreases in drug-related societal problems. These real-world examples provide valuable insights into the potential benefits of drug decriminalisation.

Arguments Against Legalisation

On the other hand, opponents of drug legalisation argue that it is a fantasy to believe that problems will disappear by making narcotics legal. They caution that legalising another intoxicating drug will only add to the societal issues already caused by alcohol. The argument highlights the negative consequences of alcohol misuse, which is easily accessible and socially accepted. Additionally, critics worry about the practicalities of legalisation, such as determining "small amounts" for personal use and verifying compliance.

Decriminalisation vs. Legalisation

It is important to distinguish between decriminalisation and legalisation. Decriminalisation removes criminal charges for drug use and possession, replacing them with civil penalties like fines or treatment programs. This approach treats drug use as a health and social issue rather than a criminal one, aiming to reduce stigma and encourage people to seek help. Decriminalisation also reduces strain on the criminal justice system. However, it does not address all drug-related health risks and requires significant investment in drug treatment services.

In contrast, drug legalisation removes all penalties for possession and personal use, with regulations governing production, sale, and consumption. Alcohol, for example, is a legal drug in Australia, but its misuse still causes significant harm despite the regulations in place. This demonstrates that legalisation alone may not solve all the problems associated with drug use.

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