In July 2001 the government of Portugal took the extraordinary step of decriminalising drugs including cocaine and heroin. While some other European States have taken some less radical approaches and made criminal prosecutions less common in certain circumstances, Portugal remains the only EU country to officially decriminalise drug possession and use. After 12 years the data shows that, by nearly every measure, the Portuguese decriminalization structure has been a booming success. The execution of this brave new step forward in fighting the evil of drugs can, and should be, a catalyst to guide the rest of the world to a more mature approach to tackling the drug problem.
This is not the first time someone has tried to demonstrate the folly of our approach to tackling the drug problem in our society and doubtless it won’t be the last. I realize too, that the emotive issue attached to this disease is probably the single most difficult side-issue working against our efforts. Put simply, emotions are not going to help us in the fight against drugs. Emotions are about as helpful as the present, outdated, unworkable, inefficient laws that our governments force the police, and the judiciary, as well as Customs and Immigration to work within, and which plague our community outreach centres.
Drugs kill people, mostly our young; so do cigarettes, alcohol, sleeping pills, motor cars, aeroplanes, kitchen knives and any number of other items we use every day. Yet, of these, drugs are the only ones we outlaw, setting aside that vast arsenal of prescription drugs we permit for lots of different reasons. But, like the ones we outlaw, even the drugs we approve, can be abused and result in death.
So what have we learned from all of this? Nothing, it would appear.
Just as the USA learned that its prohibition laws against alcohol in the 1920’s were nothing more than an expensive waste of tax-payers’ money, it is safe to say our experience with the criminalisation of drug possession and use, is just as fruitless. Prohibition of any kind creates black market crime. We should have learned that by now. Those who want drugs, find them by various means. Some are so desperate they buy home-made concoctions. Some of it is so poorly refined, it kills people. Drug dealers don’t care.
So that begs the question, when are we going to demonstrate some maturity here? Does anyone seriously think that the present method of tackling the drug problem is working? Does making drugs a criminal offense work? Does that stop the drug trade? The issue of drug related theft is just one spin-off to these laws that is out of control. There is also the issue of drug related murder, rape and white collar crime.
Fifty years ago, 75% of adults in Australia smoked cigarettes. Today the figure is less than 20%. Did we achieve that by outlawing cigarettes? No, we achieved that through education and rehabilitation. Consider for a moment that if drugs were de-criminalized and we transferred all the money we currently spend on law enforcement into education and rehabilitation, we would likely be no worse off than we are now. The result in Portugal suggests we would be better off. Drug use there is in decline. Such a relatively simple policy turn-a-round could so easily create the foundation for a more enlightened approach to this insidious ailment?
What stops us from doing this is the emotional element. We think of drugs and we fear for our sons and daughters. We must protect them. Time and time again, the fear of our society going to the dogs, and the ever-present threat to our young seems to blind us to responsible, mature, decision making.
Let us for a moment imagine a world where blind fear does not get in the way of responsible decision making. It begins with recognizing that drugs will always be available and that trying to stop their manufacture, distribution and sale is a waste of time. On the contrary, by trying to stop them, we actually encourage and assist black-markets to flourish.
The former NSW Director of Public Prosecutions, Nicholas Cowdrey believes the state should legalise illicit drugs and take over their supply and distribution. The release of the Australia 21 Report to which he is a signatory opened the floodgates of debate on illicit drug use in 2012. But it seems that is as far as things got. Expecting the current conservative government to show leadership in this area is a waste of time. But the debate should continue until common sense prevails. The savings we would achieve in law enforcement that could be channeled into educating our young to the dangers associated with drugs is self-evident.
For those who think our young who don’t “do drugs” would suddenly rush headlong into experimentation, the Portugal data suggests otherwise. Would those who take drugs today suddenly stop? No, of course not. Will some still overdose and die as a result? Yes, they will. There’s an idiot on every corner. Would decriminalisation mean we as a community would be worse off than we are now? I don’t think so.
I strongly suspect that over time, we would position ourselves far more effectively to deal with the problem and at the very least, be heading down the right path. And who knows? Perhaps in ten to fifteen years time, when the next generation of potential addicts enters the target market, they might be sufficiently educated and alert to the dangers to be dissuaded from experimenting.
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