Legalisation of drugs: A debate

When you say the word ‘drug’, the next word that comes to mind probably isn’t ‘legal’, but things are starting to change. Recently, in the western world, the legalisation of drugs has become a hot topic of debate. With more and more countries legalising Class C drugs like marijuana, we thought it was about time that we jumped into the conversation. So, we sat down with two experts to understand more about the whole thing.

Drug legislation in this country is pretty simple. In short, you’re not supposed to do drugs, and if you do the Government will try and stop you (with the confusing exception of booze and cigarettes, which are, of course, legal). But many people – including political figures – are arguing that the war on drugs is failing and we need to look at decriminalising drugs and helping addicts, rather than demonising them.

So, should drugs be legalised, made readily available and taxed like any other product? Or would this just turn us all into a country full of druggies? Drugs trade expert Tom Feiling and former crime prevention minister James Brokenshire give us their opinions on the legalisation of drugs.

Why drugs should be legalised

Tom Feiling, author of Candy Machine: How Cocaine Took over the World (Penguin, 2009) believes drugs should be made legal.

Failures of Drug prohibition 

“The prohibition of drugs is a failure. Crop eradication programmes haven’t reduced coca, opium poppy or cannabis cultivation. The penalties haven’t deterred producers or traffickers. It’s all just a bit of a joke, really.

Drug prohibition was supposed to push up the price of drugs, making them too expensive for users. That hasn’t happened. It was supposed to send a message that drug use isn’t socially acceptable, but that hasn’t happened either..”

Benefits of the legalisation of drugs 

“Drug prohibition has turned drug production and distribution into highly lucrative enterprises. The inflated profits made by drug traffickers allow them to bribe their way through countries like Mexico, Colombia and Afghanistan. If we legalize drugs, not only would it be beneficial for us but it would also have a positive impact on the corruption and violence those countries have to deal with.

Legalisation would get a significant number of low-level, non-violent drug offenders out of jail. There would be no more drug dealers, hitmen, runners or smugglers. This means that the police could re-focus their energies on fighting real crime. In turn, the police and prison systems could be scaled back. The UK would become a safer and less violent country.

People worry that legalising drugs means drug use would go through the roof. But the decriminalisation of hard drugs in Portugal hasn’t led to an increase in the numbers of people taking those drugs. We have to recognise that the people who want to take drugs are already taking them.”

The impact of the legalisation of drugs

“Legalisation implies regulation and control: that’s what laws are for. We already do a pretty good job of controlling other dangerous substances. You don’t need the law to tell you that becoming an alcoholic isn’t big or clever. We trust in effective education, high taxes and a ban on sale to minors to control alcohol consumption. So why should Drugs be any different? 

The bottom line is, you can’t stop people buying psychoactive substances or hard drugs for personal use – even if you criminalise it. The focus should be on harm reduction and treatment programs rather than punishment. THAT is the secret to ending the war on drugs.”

Why drugs should stay illegal

James Brokenshire, former Minister for Crime Prevention, explains why the Home Office keeps drugs illegal.

The repercussions of drugs 

“Drugs are illegal in almost every country in the world because they are dangerous, both for those who take them and for the wider community. As a Home Office minister, it’s my responsibility to help protect the public from the very real health and social problems that drugs cause.

The majority of people don’t take drugs – decriminalisation would send out the wrong message, specifically to our young people. It would tell them that it was somehow ‘alright’ to take drugs. Our aim is to support people, especially young people, in steering clear of drugs. 

Not only this, but if hard drugs were to become legally available they would become easier to access and levels of supply and demand would rise significantly, along with the associated harms and cost to individuals and society.”

The reality of the situation 

Firstly, Drugs are harmful to health, whatever their purity and dosage; that is why the Government takes legislative steps to reduce their availability. Those who seek to use them already place themselves in harm’s way; we shouldn’t be helping them do that. If legalisation took place, they would simply seek new sources of illicit revenue through crime.

Secondly, the UK’s drug laws provide the opportunity for the criminal justice system to offer interventions for addicts, like addiction treatment, alongside support to address things such as mental health and family issues. This can have a positive effect in reducing drug addiction and related crime. It can even make a real difference to the quality of life of these individuals and their communities.”

Rebuttals to the legalisation of drugs 

I won’t deny that a regulated market for drugs through controlled outlets (e.g. licensed pharmacies) would provide the opportunity for tax revenue. However, establishing the level of taxation would be difficult. Setting the price too high would open the door for the illegal markets, while setting it too low could feed that same market. Regulation also carries its own administrative and enforcement costs, which would be substantial.

What’s more, the way substances such as alcohol are regulated is embedded in historical tradition and a tolerance of responsible consumption. The licensing controls on these substances remain acceptable to the vast majority of people. The way we regulate alcohol and tobacco therefore remains distinct from the way we control illicit drugs.

Our view is that the UK’s drugs policy has not failed. For the past four decades our drug laws have served us well. It has limited the demand and supply of all drugs and reducing the harm caused to dependent users and society.”

This interview took place in 2011, so there have been some slight changes to drug policy. The information in the article is still relevant, but if you want to find out more about the current state of drug policy, click here!