NCJ Number
138531
Date Published
1991
Length
304 pages
Annotation
This discussion of drug laws and drug law enforcement policy in the United States concludes that the Federal Government's "war on drugs" has failed and that a new approach is needed that allows each State and local jurisdiction to determine the most appropriate approach to addressing drug abuse.
Abstract
The current policies are costly, jeopardize constitutional rights, and divert scarce State and local police and prisons away from violent criminals toward victimless moral offenses. However, neither the nationwide legalization of all drugs nor an intensified national "war" that includes capital punishment for drug dealers and even users is an acceptable alternative. Legalization will fail because most people do not use illegal drugs and do not want to live in neighborhoods with drug abuse and trafficking, while intensified national law enforcement efforts will impose most of the suffering on law-abiding citizens. The proposed new approach would reflect the Constitution's 10th Amendment, which specifies that power not discussed in the Constitution is automatically assigned to the States and the people. The power to control the manufacture, distribution, and consumption of all psychoactive substances would revert to the States. Each State would set its own drug regulations, just as currently happens for alcohol policy. This approach would end the Federal monopoly and force State and local governments to undertake new initiatives that match the preferences and circumstances of their citizens. Footnotes, chapter notes, and index