Simply by buying, selling, or using illegal drugs, people are committing a crime. The fact that many commit more serious or violent crimes in order to support their drug habits is a bigger issue. Approximately 17% of state prison inmates and 18% of federal prison inmates state that they were incarcerated for committing crimes to support their illegal drug habits (Lopez, 2016). Drug abuse is caused by many different factors. Nine out of 10 heroin addicts were legally prescribed Oxycodone to treat their chronic pain and then, when they could no longer obtain this drug legally, they turned to heroin to avoid withdrawal and to further deal with their continuing pain (Lopez, 2016). Some people turn to drugs because they cannot face the reality of their lives and others start experimenting with drugs because of peer pressure and end up with an addiction.
Since the Reagan administration, the United States has been embroiled in a so-called “War on Drugs” (Miranda, 1998). Unfortunately, this war is both unwinnable and could be causing more harm than good (Miranda, 1998). The primary result of this war has been long prison terms for nonviolent drug offenses—it has not lessened the sale or use of illegal drugs by a significant amount (Miranda, 1998).
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The best way to fight the crimes associated with drug use would be a combination of smart prohibition and smart legalization (Lopez, 2016). Smart prohibition would focus on penalizing and preventing the illegal behaviors and actions caused by drug use, rather than actually penalizing the use of drugs. If a person is using illegal drugs but not committing crimes to support his habit, he would not be arrested or incarcerated. If he stole to get drug money, he would be arrested for the thefts, not for the possession or use of the drugs themselves (Lopez, 2016).
Smart legalization would allow the use and sales of certain drugs by making them legal (Lopez, 2016). However, they would be heavily regulated by the government and the sale of them would be controlled by laws similar to those currently used with tobacco and alcohol (Lopez, 2016). Obviously, this is not a suggestion that heroin become available at Walmart. Any retailer who sold drugs would have to be licensed by the government, and these licenses would be limited according to the population of the area where the drugs are to be sold. Prospective buyers would need a prescription from a licensed physician to be able to purchase drugs at sites where they are sold. This is currently how the sale of medicinal marijuana is conducted, and although controversial, most legislators believe that this system works well (Miranda, 1998).
While legalizing drugs and making them available through licensed sellers would most likely not completely eliminate the sale of drugs on the street, it would almost certainly decrease the number of these sales (Lopez, 2016). If a person can legally purchase his drug of choice without having to worry that he will be arrested simply for possession, he is less likely to commit a crime to get the drug (Lopez, 2016). In the mind of a drug addict, he is already a criminal if he is caught with drugs in his possession, so it is a short step towards committing another crime to get those drugs. If the act of using drugs in itself is not punishable by arrest and imprisonment, it will most likely discourage an addict from taking that step into criminal behavior (Lopez, 2016).
- Lopez, G. (Apr 2016). America can end its war on drugs. Here’s how. Vox. Retrieved from https://www.vox.com
- Miranda, J. (Sum 1998). War or pseudo-war? Social Justice, 25(2), 65-84.
