Drugs and CrimeDrugs and Crime

The Drug Prohibition Movement:The Drug Prohibition Movement:A Brief OverviewA Brief Overview

• The nature & availability of drugs in the The nature & availability of drugs in the 19th century19th century– Opium and derivate use – Growth of addiction during Civil War

• morphine effective pain killer• hypodermic needle invented

• Post war affluencePost war affluence— health care access, and addiction in the middle/upper

classes

• No prescription needed - patent medicinesNo prescription needed - patent medicines– mixtures of alcohol and opium– sold from corner drug store– Barkers in traveling road shows

Shift toward Prohibition in Shift toward Prohibition in late-19thlate-19th

Growing fear and intolerance of drugs and Growing fear and intolerance of drugs and movement by states to controlmovement by states to control

The role of drug myths (The role of drug myths (a 19th century claims a 19th century claims

maker tool)maker tool)

– Myths re: women– Myths re: minoritiesMyths re: minorities

• blacks said to be consuming huge amounts of cocaine

• produced “coca mania”

The Movement Began at The Movement Began at State LevelState Level

• Requirements for a prescription from Requirements for a prescription from physicianphysician

– One big problem: Patent medicine Patent medicine loopholeloophole

– Also lack of uniform drug laws across states– States lack resources to enforce new laws

• Reluctance of federal government to Reluctance of federal government to interveneintervene– concerns about federalism and states rights

The Feds Get Involved: The Feds Get Involved: TwoTwo MotivatorsMotivators1. Growth and power of medical profession1. Growth and power of medical profession

– AMA founded in 1847, but weak during 19th– threatening to most doctors, didn’t belong to AMA– Didn’t need lot of knowledge to prescribe drug

• During Progressive movement, AMA grew powerful– advanced medical training became available– awareness of dangers of drugs– patent medicines took money out of their pocket

• AMA lobbied for federal prohibition of narcotics w/o

doctor’s prescription

2.2. Capitalism and desire for Capitalism and desire for Chinese MarketsChinese Markets

• China not receptiveChina not receptive– harsh discriminatory practices in U.S.harsh discriminatory practices in U.S.– China’s experience with AnglosChina’s experience with Anglos

• China was swamped with opium from China was swamped with opium from BritainBritain

• U.S. wanted to improve relations with ChinaU.S. wanted to improve relations with China– Called international conference of nationsCalled international conference of nations– ban opium distributionban opium distribution

• Problem: U.S. had no law prohibiting opium Problem: U.S. had no law prohibiting opium

The Harrison Act of 1914The Harrison Act of 1914

• First Federal drug lawFirst Federal drug law• Requirements Requirements

– License, tax ($1 per year), and recordsLicense, tax ($1 per year), and records– License restricted to medical License restricted to medical

professionalsprofessionals

• How physicians viewed the Harrison How physicians viewed the Harrison

ActAct

• How the Treasury Department viewed How the Treasury Department viewed

ActAct

• How the Federal Courts viewed ActHow the Federal Courts viewed Act

Marijuana Tax Act of Marijuana Tax Act of 19371937

Effectively added marijuana to Effectively added marijuana to prohibited substances under prohibited substances under HarrisonHarrison

Required tax and registration for Required tax and registration for dealersdealers

Impetus for actImpetus for act• Marijuana “epidemic” Marijuana “epidemic” • Empire building by federal Empire building by federal

bureaucratsbureaucrats• Bigotry toward MexicansBigotry toward Mexicans

Comprehensive Drug Abuse Comprehensive Drug Abuse and Prevention and Control and Prevention and Control

Act of 1970Act of 1970

• Unified categories of illegal drugs Unified categories of illegal drugs

and penalties and penalties

• Basis of federal and state drug Basis of federal and state drug

enforcement todayenforcement today

• Compressed Harrison Act and Compressed Harrison Act and

amendments into one lawamendments into one law

• Title II: Substance Control Act - drug Title II: Substance Control Act - drug

schedulesschedules

CriteriaCriteria ExamplesExamples

SCHEDULE I

Drugs with high abuse potential and NO SAFE ACCEPTED medical use

in U.S.

Marijuana, heroin, LSD, PCP, mescaline

SCHEDULE II

Drugs with high abuse potential, with SAFE

ACCEPTED medical use in U.S.

Opium, cocaine, morphine,

methamphetamine, methadone

SCHEDULE III

Drugs with moderate abuse potential, with

recognized medical use in U.S.

Barbiturates, amphetamines

SCHEDULE IV

Drugs with low abuse potential, with

recognized medical use in U.s.

Valium, Darvon, Phenobarbital

SCHEDULE V

Drugs with minimal abuse potential, with

recognized medical use in U.S.

Cough medicine with small amount

of narcotics

Contemporary Federal Contemporary Federal Drug Control StrategiesDrug Control Strategies

The Current War on Drugs:The Current War on Drugs:Trends in federal expenditures for the drug warTrends in federal expenditures for the drug war

2

1213

1415

16

18 18 1819

7

20

0

5

10

15

20

25

1981 1989 1992 1995 1996 1997 1998 1999 2000 2001 2002 2003

Billion

s

FY 2003 Federal Drug Control FY 2003 Federal Drug Control BudgetBudget

3070

0 20 40 60 80 100

Percent

Law Enforcement Prevention/Treatment/Ed.

Three-Pronged Federal Three-Pronged Federal Drug Control StrategyDrug Control Strategy

Demand ReductionDemand Reduction

• Several ways to reduce demand, all focus on increasing the price of drugs

• Assumption that drug abuse is “inelastic”• Increase the costs of selling drugs, which

will increase price of drugs• Problems with increasing price of drugs• Increase profitability lures more to market• Creates incentives to increase drug

potency

Supply ReductionSupply Reduction

• Eliminate or reduce availability Eliminate or reduce availability of drugsof drugs

• Supply reduction strategiesSupply reduction strategies• Crop eradication programsCrop eradication programs

– Problems with eradication Problems with eradication programsprograms

– Resistance from host governmentsResistance from host governments– ““Push-down, pop up effect”Push-down, pop up effect”

• Border interdiction programsBorder interdiction programs

Prevention/Education/Prevention/Education/TreatmentTreatment

• DARE (Drug Abuse Resistance DARE (Drug Abuse Resistance Education)Education)– Most widely used school based Most widely used school based

curriculumcurriculum– 1.3 billion dollars annually1.3 billion dollars annually– Effectiveness of DAREEffectiveness of DARE– National Academy of SciencesNational Academy of Sciences– U.S. Surgeon General’s conclusionU.S. Surgeon General’s conclusion

• Other public education initiativesOther public education initiatives

• Created by Congress in 1998Created by Congress in 1998• Targets youth age 9-18 and their Targets youth age 9-18 and their

parentsparents• TV, radio, print, and Internet TV, radio, print, and Internet

advertisingadvertising

The National Youth Anti-The National Youth Anti-Drug Media CampaignDrug Media Campaign

Drugs and CrimeDrugs and Crime

TreatmentTreatment

• Variety of treatment modalitiesVariety of treatment modalities• Studies have concluded drug Studies have concluded drug

treatment is beneficial, though treatment is beneficial, though degree may be overstateddegree may be overstated

• Treatment programs under Treatment programs under fundedfunded

• Few in need receive treatmentFew in need receive treatment

Drug Seizures (in pounds)

DrugDrugFY 1998FY 1998 FY 1999FY 1999 FY 2000FY 2000 FY2001FY2001

TotalTotal2,047,5582,047,558 2,571,3552,571,355 2,894,2002,894,200 2,913,7242,913,724

HeroinHeroin3,4993,499 2,7332,733 6,6406,640 4,3794,379

CocaineCocaine266,029266,029 284,631284,631 248,827248,827 235,377235,377

MarijuanaMarijuana1,777,4341,777,434 2,282,3132,282,313 2,614,7462,614,746 2,673,5352,673,535

HashishHashish596596 1,6781,678 23,98723,987 433433

Number of Arrests by Drug Law Number of Arrests by Drug Law ViolationViolation

0

200,000

400,000

600,000

800,000

1,000,000

1,200,000

1,400,000

1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002

Sale/manufacture Possession

Drug Offenders in State Drug Offenders in State Prisons,Prisons,

1980-20011980-2001

0

50,000

100,000

150,000

200,000

250,000

300,000

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

246,100

Percentage of Persons Age 12 Years Percentage of Persons Age 12 Years or Older Reporting Any Illicit Drug or Older Reporting Any Illicit Drug

Use in Past YearUse in Past Year

16.3

12.6

11

11.5

10.6

10.8

10.3

17.5

11.712.4

0

2

4

6

8

10

12

14

16

18

20

1979 1985 1988 1990 1993 1996 1998 1999 2000 2001

Perc

en

t

Source: National Household Survey on Drug Abuse

Percentage of Persons Age 12-17 Percentage of Persons Age 12-17 Reporting Any Illicit Drug Use in Past Reporting Any Illicit Drug Use in Past

YearYear

20.7 20.8

18.6

19.8

16.4

16.7

11.9

24.3

14.114.9

0

5

10

15

20

25

30

1979 1985 1988 1990 1993 1996 1998 1999 2000 2001

Perc

en

t

Source: National Household Survey on Drug Abuse

Marijuana Use Among College Students

0

5

10

15

20

25

30

35

40

1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001

Per

cen

t

Daily Last month Last year

Info from Retail Level Info from Retail Level Drug SalesDrug Sales

• Drugs more available• Price of drugs has decreased• Purity level of drugs has increased• Spread of designer and “cottage-

level” drugs

The Legalization The Legalization DebateDebate

Current policies are a failureCurrent policies are a failure more available, more potent, cheapermore available, more potent, cheaper

• Drug war has high physical costs Drug war has high physical costs

to societyto society– Increases transmission of HIVIncreases transmission of HIV– Overdoses due to adulterated street Overdoses due to adulterated street

drugsdrugs

Pro-Legalization ArgumentsPro-Legalization Arguments

More Arguments for More Arguments for LegalizationLegalization

• War on drugs is racistWar on drugs is racist– Majority of drug consumers are white, but Majority of drug consumers are white, but

majority incarcerated for drug offenses are majority incarcerated for drug offenses are

non-whitenon-white– More young black males under correctional More young black males under correctional

supervision than attending collegesupervision than attending college– Incarceration of black males destroying the Incarceration of black males destroying the

black familyblack family– War on drugs is genocide of Black familyWar on drugs is genocide of Black family

• Incarceration of Blacks destroying Black familyIncarceration of Blacks destroying Black family

Arguments for LegalizationArguments for Legalization

• War on drugs exacerbates the War on drugs exacerbates the crime problemcrime problem– High price of illegal drugs means High price of illegal drugs means

addict has to steal more to addict has to steal more to support habitsupport habit

– Current illegal drug markets Current illegal drug markets foster violencefoster violence

More Arguments for More Arguments for LegalizationLegalization

• Drug war is a war on civil Drug war is a war on civil libertiesliberties– 4th Amendment rights have been 4th Amendment rights have been

whittled awaywhittled away– Suspicion-less drug testing in the Suspicion-less drug testing in the

workplace and schoolsworkplace and schools– Civil forfeiture of propertyCivil forfeiture of property

Prohibition ArgumentsProhibition Arguments

• If drugs were legalized, If drugs were legalized, consumption would increaseconsumption would increase– From 1972 to 1978, eleven states From 1972 to 1978, eleven states

decriminalized marijuana possession decriminalized marijuana possession • Yet, after 1978 marijuana use steadily Yet, after 1978 marijuana use steadily

declined for over a decade. declined for over a decade.

– The Netherlands decriminalized The Netherlands decriminalized possession and allowed small scale possession and allowed small scale sales of marijuana beginning in 1976.sales of marijuana beginning in 1976.• Marijuana use in Holland half the rate in U.SMarijuana use in Holland half the rate in U.S

Prohibition ArgumentsProhibition Arguments

• Crime rate would increaseCrime rate would increase

– Argue clear link between drugs and crime

– Statistics do suggest a link between drugs and crime

Drug Use Among Booked Drug Use Among Booked ArresteesArrestees

62

62

43

69

58

0 10 20 30 40 50 60 70 80

Violent Crimes

Property crimes

DUI

Weapons

Prostitution

Percent

Source: Arrestee Drug Abuse Monitoring (ADAM) Program

Drug Use by State Prison Drug Use by State Prison InmatesInmates

Type of Offense

Under influence at time of

offense (%)

Committed offense for

money to buy drugs (%)

Murder 26.8 5.0

Sexual assault 21.5 2.0

Robbery 39.9 27.0

Aggravated Assault

24.2 6.0

Burglary 38.4 30.0

Larceny/theft 38.4 31.0

SIDSIDEE

BARBAR

THREE THREE

THEORETICALTHEORETICAL

LINKSLINKS

BETWEENBETWEEN

DRUGS &DRUGS &

CRIMECRIME

Three Model of Drugs-Three Model of Drugs-Crime LinkCrime Link

• Physical properties of the drug Physical properties of the drug cause aggressioncause aggression

• Economic compulsive modelEconomic compulsive model• Systemic modelSystemic model

Pro-Legalization Response to Drugs-Crime Link

• Little evidence to show chemical properties alone cause violence

• Little evidence for notion that drugs cause crime - could be spurious relationship– drugs do increase

the rate of criminal activity

• Cede the evidence of pattern of violence associated with illegal drug markets

Drugs Crime

??

Prohibitionist’s ArgumentsProhibitionist’s Arguments

• Public opinion is against Public opinion is against legalizationlegalization– Can’t legalize what so many opposeCan’t legalize what so many oppose

• War on drugs amoral imperativeWar on drugs amoral imperative– we continue to fight, even if are we continue to fight, even if are

losinglosing

A Third Way:A Third Way:Between Legalization and ProhibitionBetween Legalization and Prohibition

• Adopt more reasonable sentences Adopt more reasonable sentences for drug offendersfor drug offenders

• Focus on traffickers, not usersFocus on traffickers, not users• Provide serious help for users in Provide serious help for users in

the criminal justice systemthe criminal justice system• Shift law enforcement policies Shift law enforcement policies

toward community safetytoward community safety– away from enforcement to problem away from enforcement to problem

solving policingsolving policing