Legalize Drugs-Then What?

Since I retired from the Drug Enforcement Administration (DEA) in 1995 and went into teaching and writing, I have been pretty much removed from the drug enforcement scene. Once in a while, I see some of my old DEA colleagues in California at retirements and funerals, but a lot of my old friends are spread out across the country. The so-called War on Drugs (a misnomer in my view) has been largely overshadowed by the War on Terror-which is very real. However, the drug scene is still out there. I remember when I began my career in 1970, I hoped that by the time I retired, our efforts would cause drug use to decline to a manageable level. I, of course, was wrong. Not only are drugs still prevalent, but the drug legalization advocates are still out there. They say that in a free society, people should be allowed to put whatever they want in their bodies. They also say that enforcement has neither reduced the supply nor the demand. They say by keeping it illegal, the price remains higher and more lucrative for the traffickers. Many feel that DEA should be abolished. In their view, drug use would actually decline if made legal. Occasionally, I get asked about my views on legalization. My basic response is that legalization advocates should answer a few questions.

First of all, which drugs would they legalize? Would they legalize only "soft" drugs like marijuana, hash and LSD while keeping heroin, cocaine and methamphetamine illegal? Or would they legalize all drugs? Unless they are willing to legalize all drugs, there would still be a need for enforcement.

Second, would the advocates of legalization put age limits on who could use drugs? Would it be 21, 18, 12? Unless there are virtually no limits as to age, there would still be need for enforcement. That means that virtual infants and toddlers could be given drugs by an adult.

Third, if drugs were legalized, who would be authorized to provide them? Pharmacists, doctors, pharmaceutical companies? Who would supervise their commerce? The government? Perhaps we would have government sites that would dispense drugs.

Once that issue was settled, how would the traffickers and dealers react? Would they just be grateful for being decriminalized and go away to pursue honorable and legal jobs? Or would they try to compete underground by lowering their prices, offering a better product-or would they resort to violence and intimidation against the newly-established drug providers. Remember, we are talking about criminals here. Contrary to the claims of many that people in prison for drug crimes are non-violent, that is a disengenuous argument. Most drug organizations do use violence as a part of their business. Think of traffickers world-wide and the carnage they have brought to places like Colombia, Mexico and Sicily. These people will continue to be criminals one way or another.

You may think the above scenarios I listed are ridiculous, but this is the situation we would face if we decided to eliminate drug laws. When I was stationed in Italy in the 1980s, I had an occasion to go to Paris on a case. Also there on the same case was a British Customs Agent. One evening, while we were checking out the various libraries in Paris, I asked him about the British experiment in dispensing legal heroin to registered addicts (since discontinued). He explained to me that the practice had been an abject failure and was stopped because it only managed to triple the addict population.

I mention the UK because many people here like to point to Europe as the example to emulate. "Why don't we do like the Dutch do?", they ask. I had a few occasions to go to Holland and work with the Dutch drug cops. If you have not been to Amsterdam, I highly recommend a visit. Then you will see the effect that a liberalized policy has had on that society. Amsterdam is a magnet for druggies from all over the world. But then again, we are talking about a society that thinks that child porn is a minor issue.

I also worked with the Swiss cops in Zurich on numerous occasions and had a chance to see the infamous "Needle Park" where addicts could freely shoot heroin, putting a blight on an otherwise beautiful city. Not surprisingly, the town also became a magnet for drug users from elsewhere. If you don't like the immigration picture in the US now,see what it's like if we legalize drugs. We will be inundated with drug-users who will flock here-and not to find jobs.

I personally don't demand that people be put in jail for simple possession or use. DEA has never been involved in enforcing and prosecuting that level of drug offense. Most jurisdictions recognize that we have too few resources to devote to this level of the drug world. However, there should be no apologizing for incarcerating traffickers and dealers. Their actions are a scourge on our society.

Yet, many say that all the enforcement of the past 4 decades has not shown results. Well, I answer yes and no. Had it not been for enforcement, we might have sunk under the weight of our drug problems years ago. Yes, the level of drug abuse has not really declined. However, if that is a reason to eliminate drug laws, then why not get rid of laws against murder, robbery, rape and so on? Our murder rates continue at a disgraceful number every year. We continue to enforce these laws because it is the right and moral thing for a civilized nation to do. In reality, what is needed is a three-pronged approach; enforcement, education and rehabilitation. While enforcement has not been entirely a success, either have education and rehabilitation either.

Much of the public is not aware that to legalize drugs would abrogate international treaties that we and virtually every civilized nation have signed to prohibit cultivation, production and traffic of illicit drugs. Indeed, the US, through the State Department, DEA, Customs and other agencies have led the way in encouraging other nations to crack down on the traffic. If we give up, who will bother to carry on?

I am as much a proponent of limited government control over our lives as anyone. Keep in mind that we have not employed truly draconian measures against drug traffickers since we are a democratic society. Yet, at a certain point, a society has the right and the responsibility to avoid becoming a cesspool that will adversely affect the lives of everyone. Legalization advocates who had a chance to see a crack house or (heroin) shooting gallery might not be so convinced that we should tolerate their existence. In the final analysis, if we were to legalize drugs, government would have to,in one way or another, involve itself in the providing of drugs to its people. If my government were involved in any way in providing drugs to my children, I would cease allegiance to that government.