Legalization doesn’t mean endorsement. Cigarettes, liquor, and prescription drugs such as Valium are now legal, though neither government nor society endorses their use. Any citizen can now endanger his health with cigarettes (and 300,000 people die each year from smoking-related illnesses). Or make a mess of his life with whiskey (alcohol abuse costs us more than $100 billion a year). Or take too many Valiums and die. These drugs, however, have become respectable over the years. State banquets are often marked by the drinking of toasts, in which the drug called liquor is offered in honor of the distinguished visitor. Business, politics, and love affairs are often conducted with the lubricant of alcohol. I have no patience anymore for drunks, and I can’t abide the company of cokeheads and junkies. But every sensible citizen must recognize that the current system under which some drugs are legal and others are not is hypocritical.
I think a ten-year experiment with legalization is worth the risk. If it doesn’t accomplish its goals, legislators could always go back to the present disastrous system. And we might learn that we can live without hypocrisy.
The strongest argument for legalization is economic. We simply don’t have the money to deal with eliminating supply or demand. Too many Americans want this stuff, and we are again falling into the trap created by Prohibition: We try to keep people from buying things they want, we cite moral reasons as our motives, and we create a criminal organization that will poison all of our lives for decades. The old mob was the child of Prohibition. A new mob, infinitely more ruthless, is certain to come out of the present crisis. That can be prevented by eliminating the illegal profits that fund and expand the power of the drug gangs.
How would legalization work? A few possibilities:
1. Marijuana — not a hard drug, of course, but described as one in the debate — could be the first to be legalized. About 20 million Americans smoke grass on a regular basis and about 400,000 are arrested every year for possession. Mark Kleiman, former director of policy analysis for the Criminal Division of the Justice Department, estimates that legalizing the sale of marijuana would save about $500 million in law-enforcement costs and produce about $7 billion in revenues. Those numbers alone should settle this part of the argument.
Pot could be sold openly in licensed liquor stores all over the country (legalization must be national; if it were limited to New York, every pothead, cokehead, and junkie in the country would soon arrive here). All laws now applicable to selling liquor (used legally by 100 million Americans) would apply to marijuana. Citizens would be arrested for driving under the influence. The weed could not be sold to minors. Advertising would be restricted. All taxes — including those on domestic farmers and importers — would be applied to drug treatment, education, and research for the duration of the ten-year experiment.
2. Heroin could be legalized a year later, dispensed through a net work of neighborhood health stations and drugstores. While the old British system of registering addicts was in effect, the number of those receiving daily maintenance doses was low (about 500 in London). In the late sixties, the system was changed. The number of dispensing doctors was reduced nationwide to a few hundred (from thousands), and new registered addicts were required to enter methadone programs. The number of addicts soared. Obviously, the old system was better.
After legalization, this vile drug would be banned from commercial sale. The price would be very low (25 cents a dose), perhaps even free. All current addicts would have to register within six months of the passage of the enabling legislation. They would be supplied with identity cards resembling driver’s licenses, showing their faces. They would also be given the opportunity to go drug-free through a greatly expanded system of treatment centers (funded by the marijuana tax and import fees). Their records would be kept confidential, but they would have to register.
Presumably, this would accomplish two things: (i) take the profits out of heroin sales and (2) contain the present addict population. Most junkies support their habits by dealing; they create new addicts to have more customers. There would be no economic point to creating new junkies. The street junkie also would gain relief from the degrading process of making his day’s connection. He would stop stealing from old ladies, his family, and strangers. He would no longer have to risk AIDS infection by sharing works.
The mechanics would be difficult; some junkies need five or six doses a day, and if you hand them the supply all at once, they are likely to sell some of it to others. The cost of six separate needles a day for 200,000 junkies would be very high. New junkies would be a different problem. Certainly, there would be a continuing, if diminished, supply of young addicts, for a variety of reasons. Some would get heroin from family members who are junkies, the way young alcoholics have been known to raid the family liquor cabinet. There will always be sick old junkies ready to corrupt the young and others who may want to spread their personal misery to as many as possible. But new junkies would be able to enter the system only by telling the authorities how they got turned on. And this would be a point where one of those good old Draconian measures would be useful. Part of the law could mandate life sentences for anyone who created a new junkie.
3. Cocaine could be legalized soon after heroin and sold in its conventional forms through liquor stores. The same regulations that govern the sale and use of liquor and marijuana would apply. The drug barons of the world could then go legitimate. The drug-user would have a regulated supply of cocaine that was not cut with Ajax or speed. He would pay a variety of prices depending on quality, as the drinker does for various wines, liquors, and champagnes. Even the crack-users, at the bottom of the social scale of coke-users, would be able to buy cocaine legally, thus putting the hoodlums out of business. If the customers wanted to go home, then, and cook up some crack in a microwave (all they would need is cocaine, hydrochloride, baking soda, and water or ammonia), they could do so. If they then sold it to kids, they would end up doing life.
I say all of this with enormous reluctance. I hate the idea of living in a country that is drowning in drugs. I know that if drugs were freely available, some of the most damaged people in society could fall into degradation, as many of the poor have across the years in countries where alcohol is legal. There would be casualties everywhere, and the big-city ghettos might suffer terribly (although the assumption that blacks and Hispanics automatically would fall into addiction faster than others is a kind of racism). I know that it would be strange to travel around the world and be an automatic drug suspect, my luggage searched, my body frisked, a citizen of a drug country. Alas, while researching this article, I realized that I live in that country now.
There are good and decent arguments against legalization that go beyond the minor problems of embarrassment and humiliation. The most obvious is that the number of addicts might increase dramatically as legalization and easy access tempted millions of citizens to experiment. History suggests that this is likely to happen, at least for a while. One study shows that the number of drinkers in this country increased by more than 60 percent after the end of Prohibition, returning to the level reached before the noble experiment. Forty years after the British drug-dealers won the Opium War, the number of opium addicts in China had risen to 90 million. In laboratory experiments with cocaine, animals keep taking larger and larger amounts of the drug, until they die. Dr. Frank H. Gawin, director of stimulant abuse, treatment, and research at Yale University, said recently, “I would be terrified to live in a cocaine-legalized society.”