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Drugs and Crime. The Drug Prohibition Movement: A Brief Overview. The nature & availability of drugs in the 19th century Opium and derivate use Growth of addiction during Civil War morphine effective pain killer hypodermic needle invented Post war affluence
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The Drug Prohibition Movement:A Brief Overview • The nature & availability of drugs in the 19th century • Opium and derivate use • Growth of addiction during Civil War • morphine effective pain killer • hypodermic needle invented • Post war affluence • health care access, and addiction in the middle/upper classes • No prescription needed - patent medicines • mixtures of alcohol and opium • sold from corner drug store • Barkers in traveling road shows
Shift toward Prohibition in late-19th • Growing fear and intolerance of drugs and movement by states to control • The role of drug myths (a 19th century claims maker tool) • Myths re: women • Myths re: minorities • blacks said to be consuming huge amounts of cocaine • produced “coca mania”
The Movement Began at State Level • Requirements for a prescription from physician • One big problem: Patent medicine loophole • Also lack of uniform drug laws across states • States lack resources to enforce new laws • Reluctance of federal government to intervene • concerns about federalism and states rights
The Feds Get Involved: Two Motivators 1. Growth and power of medical profession • AMA founded in 1847, but weak during 19th • threatening to most doctors, didn’t belong to AMA • Didn’t need lot of knowledge to prescribe drug • During Progressive movement, AMA grew powerful • advanced medical training became available • awareness of dangers of drugs • patent medicines took money out of their pocket • AMA lobbied for federal prohibition of narcotics w/o doctor’s prescription
Capitalism and desire for Chinese Markets • China not receptive • harsh discriminatory practices in U.S. • China’s experience with Anglos • China was swamped with opium from Britain • U.S. wanted to improve relations with China • Called international conference of nations • ban opium distribution • Problem: U.S. had no law prohibiting opium
The Harrison Act of 1914 • First Federal drug law • Requirements • License, tax ($1 per year), and records • License restricted to medical professionals • How physicians viewed the Harrison Act • How the Treasury Department viewed Act • How the Federal Courts viewed Act
Marijuana Tax Act of 1937 • Effectively added marijuana to prohibited substances under Harrison • Required tax and registration for dealers • Impetus for act • Marijuana “epidemic” • Empire building by federal bureaucrats • Bigotry toward Mexicans
Comprehensive Drug Abuse and Prevention and Control Act of 1970 • Unified categories of illegal drugs and penalties • Basis of federal and state drug enforcement today • Compressed Harrison Act and amendments into one law • Title II: Substance Control Act - drug schedules
The Current War on Drugs:Trends in federal expenditures for the drug war
Demand Reduction • Several ways to reduce demand, all focus on increasing the price of drugs • Assumption that drug abuse is “inelastic” • Increase the costs of selling drugs, which will increase price of drugs • Problems with increasing price of drugs • Increase profitability lures more to market • Creates incentives to increase drug potency
Supply Reduction • Eliminate or reduce availability of drugs • Supply reduction strategies • Crop eradication programs • Problems with eradication programs • Resistance from host governments • “Push-down, pop up effect” • Border interdiction programs
Prevention/Education/Treatment • DARE (Drug Abuse Resistance Education) • Most widely used school based curriculum • 1.3 billion dollars annually • Effectiveness of DARE • National Academy of Sciences • U.S. Surgeon General’s conclusion • Other public education initiatives
The National Youth Anti-Drug Media Campaign • Created by Congress in 1998 • Targets youth age 9-18 and their parents • TV, radio, print, and Internet advertising
Treatment • Variety of treatment modalities • Studies have concluded drug treatment is beneficial, though degree may be overstated • Treatment programs under funded • Few in need receive treatment
Percentage of Persons Age 12 Years or Older Reporting Any Illicit Drug Use in Past Year Source: National Household Survey on Drug Abuse
Percentage of Persons Age 12-17 Reporting Any Illicit Drug Use in Past Year Source: National Household Survey on Drug Abuse
Info from Retail Level Drug Sales • Drugs more available • Price of drugs has decreased • Purity level of drugs has increased • Spread of designer and “cottage-level” drugs
The Legalization Debate Pro-Legalization Arguments • Current policies are a failure • more available, more potent, cheaper • Drug war has high physical costs to society • Increases transmission of HIV • Overdoses due to adulterated street drugs
More Arguments for Legalization • War on drugs is racist • Majority of drug consumers are white, but majority incarcerated for drug offenses are non-white • More young black males under correctional supervision than attending college • Incarceration of black males destroying the black family • War on drugs is genocide of Black family • Incarceration of Blacks destroying Black family
Arguments for Legalization • War on drugs exacerbates the crime problem • High price of illegal drugs means addict has to steal more to support habit • Current illegal drug markets foster violence
More Arguments for Legalization • Drug war is a war on civil liberties • 4th Amendment rights have been whittled away • Suspicion-less drug testing in the workplace and schools • Civil forfeiture of property
Prohibition Arguments • If drugs were legalized, consumption would increase • From 1972 to 1978, eleven states decriminalized marijuana possession • Yet, after 1978 marijuana use steadily declined for over a decade. • The Netherlands decriminalized possession and allowed small scale sales of marijuana beginning in 1976. • Marijuana use in Holland half the rate in U.S
Prohibition Arguments • Crime rate would increase • Argue clear link between drugs and crime • Statistics do suggest a link between drugs and crime
Drug Use Among Booked Arrestees Source: Arrestee Drug Abuse Monitoring (ADAM) Program
THREE THEORETICAL LINKS BETWEEN DRUGS & CRIME SIDEBAR
Three Model of Drugs-Crime Link • Physical properties of the drug cause aggression • Economic compulsive model • Systemic model
Pro-Legalization Response to Drugs-Crime Link • Little evidence to show chemical properties alone cause violence • Little evidence for notion that drugs cause crime - could be spurious relationship • drugs do increase the rate of criminal activity • Cede the evidence of pattern of violence associated with illegal drug markets Crime Drugs ??
Prohibitionist’s Arguments • Public opinion is against legalization • Can’t legalize what so many oppose • War on drugs amoral imperative • we continue to fight, even if are losing
A Third Way:Between Legalization and Prohibition • Adopt more reasonable sentences for drug offenders • Focus on traffickers, not users • Provide serious help for users in the criminal justice system • Shift law enforcement policies toward community safety • away from enforcement to problem solving policing