The debate over drugs and drug legalization is an increasingly important
political issue as we proceed into the twenty-first century. It is important
that we proceed into this era with a keen sense of direction on this issue.
Whether we increase our current laws or we proceed in the direction
legalization. It is obvious that some reformation of our current policy is
needed. But, the drug legalization debate is not a issue that should only
concern our political officials and law makers.
It should concern all of us, since all of us are affected by the laws
governing the trade and use of drugs. In this paper I will address the drug
legalization debate from the view of the anti-legalist and the view of the
legalist. I will also address the historical issues and arguments that lead to
the prohibition on drugs and the subsequent War on Drugs. Before we look ahead
to the debate over legalization, we should first look back at what took place to
bring about the current drug prohibition.
The drug hysteria first started around the turn of the century, by Orville
Marshall who documented San Francisco’s opium dens. In his report he documented
the people who frequented these dens of sin. He found, that a significant number
of the patrons were criminals of varying degree and classified the rest as the
undesirables of society. What he proposed was for federal intervention in an
attempt to lower crime and rid society of the scourge that drugs represented.
The report lead to the Harrison Act of 1914, which restricted the use of
opiates and cocaine to medicinal uses only. The Harrison Acts language is
relatively vague leading to varied interpretations and throughout the years has
become the cornerstone of the American drug prohibition. Leading to the
formation of the DEA (Drug Enforcement Agency), in 1974.
It has also allowed for further restrictions on the use of drugs for both
personal and medicinal use. In recent times it has also served as a spring board
for much of the recent legislature regarding mandatory minimums and the
expansion of asset forfeiture laws. Which allows drug enforcement agency’s to
confiscate any and all property that is suspected to be related to the
transportation or distribution of drugs. In most arguments regarding the
legalization of drugs they are quick to point out that the drug prohibition is
doomed to the failure of the Eighteenth Amendment (alcohol prohibition).
Anti-legalist point out that this is not the case. That much like the
prohibition on alcohol, in 1919, it is unrealistic for us to think that we can
totally prevent the use or sale of drugs. But, much like the prohibition on
alcohol our goal is to limit the consumption of drugs and thereupon lessen its
effects on society.
