DRUG CONTROL - THE FAILURE OF THE LAW (FROM PROBLEMS OF DRUG ABUSE IN BRITAIN, 1978, BY D J WEST - SEE NCJ-48378)

• NCJ Number: 48387
• Author(s): D OFFENBACH; K DOLAN
• Date Published: 1978
• Length: 17 pages
• Corporate Author: University of Cambridge
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

REASONS FOR USING NONMEDICAL DRUGS, THE FUNCTION OF THE CRIMINAL LAW, THE JUDICIARY, AND THE POLICE IN RELATION TO DRUG USE, AND SUGGESTIONS FOR POLICY FORMULATION IN THE USE OF PSYCHOTROPIC DRUGS ARE DISCUSSED.

Abstract

DRUGTAKING FOR THE PURPOSES OF CHANGING UNCOMFORTABLE OR DANGEROUS STATES OF THE MIND AND BODY IS DESCRIBED AS ORDINARY AND ACCEPTABLE IN THE FACE OF THE VAST RESEARCH, DEVELOPMENT, AND MARKETING OF ALL SORTS OF DRUGS TO ACCOMPLISH A VARIETY OF EFFECTS. THE SELECTIVE PROHIBITION OR SEVERE CURTAILMENT OF THE USE OF SOME OF THESE DRUGS WHOSE EFFECTS ARE IN GREAT DEMAND IS BRANDED AN INEVITABLE FAILURE. THE DECISIONMAKING APPROACH PROPOSED INCLUDES AN ANALYSIS OF WHY PEOPLE TAKE NONMEDICAL DRUGS, A DETERMINATION OF WHAT THEY ARE TAKING, AND THEN AN EXPLORATION OF THE NEED FOR CONTROL OF SPECIFIC DRUGS USED. THE REASONS FOR TAKING NONMEDICAL DRUGS ARE EXAMINED THROUGH AN ANALYSIS OF A REPORT ON THIS SUBJECT BY THE CANADIAN GOVERNMENT COMMISSION OF ENQUIRY. THE EXPERIENCE OF A VARIETY OF PSYCHOLOGICAL CHANGES THAT INCREASE MENTAL AND BEHAVIORAL PLEASURE IS CITED AS THE BASIC REASON FOR DRUG TAKING. AGAINST THIS BACKGROUND THE FUNCTION OF THE CRIMINAL LAW IN RELATION TO DRUG USE IS APPRAISED, WITH THE CONCLUSION BEING THAT CRIMINAL SANCTIONS FOR THE PREPONDERANCE OF DRUG USE ARE INAPPROPRIATE BECAUSE IT HAS TO DO ESSENTIALLY WITH A PERSON'S CHOICE ABOUT HIS OR HER OWN STATE OF MIND. THE BASIC PURPOSE OF THE CRIMINAL LAW IS VIEWED TO BE THE PROVISION OF THE PROTECTION OF A CITIZENRY FROM THE HARMFUL CONSEQUENCES OF THE ACTS OF OTHERS, WHILE LEAVING EACH CITIZEN FREE TO DO WHAT HE WISHES RELATIVE TO HIS OWN PERSON SO LONG AS IT DOES NOT SERIOUSLY THREATEN OTHERS. DRUG LAWS AND THEIR ENFORCEMENT ARE CONSIDERED TO INTRUDE UPON THIS VALUED PERSONAL FREEDOM. THE HIGH COST OF ENFORCEMENT, LOSS OF RESPECT FOR THE LAW, THE FAILURE OF PENAL SANCTIONS TO DETER DRUG USE, AND THE STIMULUS PROVIDED FOR CORRUPTION OF OFFICIALS ARE OTHER REASONS CITED FOR REVISING THE PRESENT SYSTEM OF DRUG LEGISLATION. THE LEGALIZING OF CANNABIS IS SPECIFICALLY RECOMMENDED. (RCB)