The Week Online with DRCNet, Issue #243 - June 28, 2002
DRCNet Book Review: Drug War Heresies
Phillip S. Smith, Week Online Editor, psmith@drcnet.org, 6/28/02
[Editor's Note: Somebody thinks this book is dangerously subversive.
This reviewer's copy of "Drug War Heresies" was confiscated by Canadian
customs agents during an attempted border crossing on June 21.
No reason was given. -- Phil Smith]
Professors of public policy Robert MacCoun (UC Berkeley) and Peter Reuter
(University of Maryland) have written what promises to be the textbook on
drug policy for the next generation of university undergraduate and graduate
students. In doing so, they have caused howls of protest to rise from
some quarters of the drug reform movement, primarily because the authors
seek to find a workable middle ground for drug reform somewhere between prohibition
and outright legalization. But those rising to critique MacCoun and
Reuter would be well-served if they took the time to read and confront "Drug
War Heresies" for what it is instead of what it is not.
MacCoun and Reuter are undeniably sympathetic to reform of US
drug laws, but theirs is no libertarian manifesto, and it seems a waste
of time to criticize them for not penning one. What their work makes
clear is that they are mainstream academics studying a public policy problem
from a reasonably progressive perspective. As such, they can be maddening
for activists: Every conclusion is tentative, every policy prescription
heavily qualified -- as is entirely appropriate in a work of serious scholarship.
And that is what "Drug War Heresies" is. MacCoun and Reuter have spent
the past decade studying not only American drug policy, but also, as their
subtitle puts it, "other vices, times, and places." As a result, they
bring an illuminating comparative perspective to the contemporary US drug
policy discussion, measuring current drug policy against, for instance, Alcohol
Prohibition, the American experience with gambling and prostitution, the
contemporary Dutch experience with marijuana, and the ongoing Italian experiments
with the decriminalization of heroin possession.
What they find may be particularly disturbing for libertarians.
Among other things, Reuter and MacCoun chart the increase in teenage marijuana
use in Holland and the post-Prohibition increase in alcohol consumption.
Through thorough number-crunching they show that those increases are unarguable,
but that they are not directly attributable to softening prohibitionist policies.
Instead, write the authors, in both cases the increase in usage levels was
tied to the commercialization of the drug. In the US context of unalloyed
fealty to the free market, intense marketing of newly legalized, decriminalized,
or depenalized drugs is undesirable yet unavoidable, they suggest, citing
recent experience with efforts to control tobacco and alcohol advertising.
Commercialization resulting in higher usage levels makes drug legalization
a harder sell in a society where the only measure of "success" in the drug
war is decreased usage levels. Libertarian advocates of
drug legalization will have to confront the ugly political reality that their
strict embrace of the market will make achieving legalization all the more
difficult because opponents will be able to argue that unrestrained market
forces will push drug consumption up as they have pushed up tobacco and alcohol
consumption.
[Editor's Note: The author's predictions and conclusions
in this area are certainly important to consider but are by no means as
inevitable or formidable as they suggest. It is not at all clear >
that society would ever tolerate outright commercialization of hard
drugs or hard forms of drugs, or that commercial promotion of them would
work if it did. Drugs like heroin and cocaine and pretty scary
to most people and hence have their own built-in disincentives to use, disincentives
that won't go away regardless of the legal or commercial systems.
And commercialization of marijuana may actually be a good thing, if it competes
with and hence reduces use of alcohol or other drugs. -- David Borden.]
It is these sorts of observations that make "Drug War Heresies"
so potentially useful for drug reformers. While the authors make
clear they believe that prohibition causes more harm than drug use itself
and admit that drug reformers hold the intellectual high ground, they pull
no punches in estimating the difficulty of transforming a winning argument
into a change of policy. Reuter and MacCoun trace three "battlefields"
where the drug policy fight will be one or lost. The first is the
philosophical: Does the state have sufficient justification to infringe
on the liberty of its citizens to control drug use? No, say the authors,
here is where the drug reformers are ascendant. The second battlefield
is analytical: Do current policies achieve their stated aims of reducing
drug consumption? Here the terrain is more contested, say
Reuter and MacCoun, and this is largely the ground they plow in "Drug War
Heresies." But the third battlefield is the toughest of all, the battlefield
of politics: Can drug reformers win the battle for the hearts and minds of
US voters and politicians?
MacCoun and Reuter are not so sure, and it is perhaps here that
they can be accused of misplaced pessimism. Apparently writing before
the most recent round of state-level drug reform initiative victories, they
fail to sense the hollow fragility of the prohibitionist drug war consensus
as demonstrated by drug reform victories on nearly every occasion that such
issues are put directly before the voters.
And while MacCoun and Reuter make clear that they believe the
US has too many people in prison for drug crimes, there is something curiously
bloodless about their argument. They list some of the harms resulting
from imprisoning hundreds of thousands of Americans -- lost wages and productivity,
huge prison budgets -- but fail to grasp or address the soul searching human
suffering among drug war prisoners, their friends, spouses, parents and children.
A half-million drug war prisoners, a million fatherless or motherless (or
both) children, a rural white population increasingly dependent on the brutalizing
labor of keeping other human beings in cages, the corrosive effects of the
"snitch state" on such basic things as interpersonal trust -- such things
are difficult to quantify, no doubt, but are ignored at our peril. Reuter
and MacCoun do manage to note that drug use offers certain pleasures to
drug users -- something that is equally difficult to quantify -- and it
is a shame they cannot at least acknowledge the human horror of the drug
war prison complex.
These failings, however, should not detract from the importance
of "Drug War Heresies." MacCoun and Reuter have explored many of the
myriad issues surrounding drug policy in discussions that are consistently
provocative (and fascinating for policy wonks), if sometimes infuriatingly
qualified. But they have written an academic study, not a polemic,
and they deserve to be judged on their own terms. As a work of scholarly
research, "Drug War Heresies" succeeds wonderfully, and serious drug reformers
can only help themselves and their cause by reading and confronting the arguments
in this book. The next generation of drug policy scholars is certain
to be doing so.