In an openly free and democratic society the personal freedom of choice is, beyond all else, the right to make the “wrong” choice. Especially in matters of consumption, the individual right to decide what they will or will not partake, indulge, consume or participate is inherently your own despite government approval, and in spite of legal ramifications and consequences. It is primarily this “free will” leading government to pass legislation targeted at prohibiting the production, trafficking, and consumption of psychoactive drugs. The Nixon Administration proclaimed the process a “War on drugs” in the United States.

Since 1973, this country has spent billions of tax dollars in what some consider being a practice in futility. The original and noble intention stated was to protect and preserve the health and well-being of each citizen in our society. Yet, treatment was never the intention and the disease model was never the theory, approach, or mindset. In efforts to stop the influx of drugs to this country, the United States proclaimed war on the inanimate and passed legislation intended to enforce this legislation by any means it deems appropriate. The United States once again proving it learned nothing from history in matters of prohibition. This was not a new concept. Yet, the United States intends force to be a means with which it can stop the spread of drugs and reduce the number of abusers and addicts within our American society. It intended to engage in practices aimed at reducing supply in this country. Now even Mexico recognizes this is an impossible task given demand remains high. Of course, The strategy has proven itself -flawed at best.

Clearly, the Nixon Administration vision did not adequately consider the rules of underground players and smugglers. Market strategies intending to limit supply and demand of an already prohibited substance is beyond the control of governmental forces. More to the point, an open market is for the buying and selling of legitimate products and goods. Such rules can not be applied to illegitimate products. The strategies aimed at supply reduction disregard the illicit nature of narcotics. Again, fair market rules do not apply to underground goods. Meaning, in spite of efforts, the application of market strategy on illicit goods will not be honored by drug cartels. These groups have their own established rules of engagement which neither acknowledge nor regard normal rules of society with law enforcement as the only exception. Illicit goods do not seek an open market due to their prohibited nature alone. Any attempt by government to the contrary is to suggest that anything and nothing short of decriminalizing the product will result in failure because a government cannot regulate that which it prohibits [1]

This is a fundamental rule and the black market will demonstrate much to the same. The only way in which to apply real market strategies of supply and reduction is to change the criminal status of the sales transaction. Economically speaking, the black market is an underground economy free of the rules of fair play and governmental regulation of the legitimate markets. No amount of effort will change this specific blanket of immunity that attaches to underground transactions until their sheer and illicit nature is changed. Thus, it is safe to suggest that policy in the United States is incorrect in attempting to apply such strategies as the supply reduction approach because the fundamental nature will not attach to an illicit good.

In the “War on drugs” despite efforts of law enforcement agencies and billions of dollars spent, it is no closer to a success than it was at any other time in history. In fact, the “War on Drugs” was closer to winning before it started than it is at the present. Americans currently purchase and consume an estimated 35% – 60% of the entire production of illicit drugs in the world [2]. In spite of the original and noble intention to protect and preserve the health and well-being of each citizen, the methods applied in the ongoing battle have proven themselves dismal failures. The only reality confirmed in the current prohibition of drugs and drug abuse specifically is that psychoactive drugs -those with mind altering properties- are firmly engrained in the fabric of our Nation just as alcohol and cigarettes, the two most commonly abused, yet, legal drugs.

Footnotes

1.Thomas, Tonya. (2004) “Harm Production vs. Harm Reduction”. Unpublished theory as it relates to Government policy in the “War on Drugs”.

2.Federal Government Spending & Privately funded studies all report different findings. This estimate is based on all in an attempt to fairly represent the amount of drugs used in American society.