It is obvious that illegal drugs have become a major cause for concern in North America. It is becoming increasingly difficult to fight the war on drugs since many substances are readily available to anyone who can afford them. According to the PFDA, Partnership for a Drug-Free America, the average age teens first use inhalants is thirteen. This statistic is mind-boggling and surely something must be done. Since Canada tends to follow America’s example, the drug problem in the United States affects Canadians as well. What is the clean-cut solution? There are many advocates for drug legalization and many people feel that legalization will end all drug-related crimes. Yet, this issue has been debated to death and there is no need to beat a dead horse. Instead, it is more advantageous to examine the many other viable options, rather than looking at the old argument of drug “legalization.” Therefore, the real question is – “What steps should America take to fix its growing drug problem?” and there are actually five main areas to consider – adolescent drug use, drug offenses/crimes, the drug laws themselves, foreign drug trade, and drug abuse.

By looking at these five issues in detail and considering possible solutions, an overall answer can be found. Firstly, illegal drugs seem to have found a younger target audience. In 1995, one in three high school seniors, one in four sophomores, and one in six eighth graders used marijuana. (ElSohly, 1995, letter to editor) ‘Right now anyone, any 14-year-old who wants drugs, can usually find them within minutes almost anywhere in the country [United States].’ (The Nation, 1999, p. 18) A more effective means of preventing drug use among young people is an urgent need. Today, prevention consists mainly of ‘Just Say No’ messages broadcast on TV or preached in the classroom. Research shows that such messages by themselves do not work. (Oliver, 1996, p. 41) Although the United States government is spending more money to fight drugs, the approach itself needs to be questioned. Schools are a haven for illegal drugs and this is an area in which a stronger emphasis must be placed. If schools adopt a “no tolerance to drugs” policy as with the “no tolerance to violence,” at least the message will be clear. The actual problem is not so much with kids who smoke an occasional joint but with those who regularly use drugs and/or alcohol.

For youths living in poor neighborhoods, effective prevention would mean more recreational programs, after-school activities and summer job opportunities. For more privileged students, prevention might take the form of early-warning systems in which teachers, counselors and parents work together to intervene with youths who show signs of getting into trouble with drugs, legal or otherwise. (The Nation, 1999, p. 14) If these simple yet effective preventative methods are taken, youth drug involvement will drastically drop leading to less drug problems in the not so distant future. Secondly, and perhaps the most significant, is the problem of drug related crimes. According to an unnamed lawyer who practices law in the criminal courts of Harris County Texas, more than half the people in prison are there because of drug-related crimes. (Decriminalization Article, 1992, p.2) At present, almost 700, 000 people a year are arrested for the sale or possession of pot. (The Nation, 1999, p. 14) Although marijuana possession may not entitle jail time, why are the basic drug laws being broken? In reality, one of the main reasons rampant crime is associated with drugs is the drug trade’s great profitability. The money involved is so ready, so substantial, that dealers can always find another recruit to take the place of someone who has just been caught. For those imprisoned, for use or for dealing, incarceration does little more than harden them. It certainly doesn’t rehabilitate them. They come out of prison only to involve themselves again, and this in turn accounts for the system’s high recidivism rates. (Decriminalization Article, 1992, p.3-4) As another federal judge, Robert W. Swett, told the New York Times, “The present policy of trying to prohibit the use of drugs through the use of criminal law is a mistake.” (New York Times, 1997, p. 2) So if the drug trade “profitability” can be lessened, perhaps drug crimes will go down as well. The idea of “harm reduction” is a thought that may hold some merit. Not always easy to define, harm reduction generally holds that the primary goal of drug policy should not be to eliminate drug use but rather to reduce the harm that drugs cause. Those who can be persuaded to stop using drugs should be; those who can’t should be encouraged to use their drugs more safely. (The Nation, 1999, p. 12)

What will this do? The government will be able to save costs in the fight against drug crime lords. If it is OK to use certain drugs responsibly, the underground drug rings may fall apart. Although the entire concept is based on pure speculation, ‘harm reduction’ will certainly help to unclog the prison system. In addition to the issues themselves, the actual drug laws must be considered. Do these laws need to be reformed? The following cases will help to enlighten the reader of the current situation. The first deals with a high school student who is not a drug trafficker but is still indirectly involved. “Charisse was a high school senior in Alabama when she fell in love with Jeff, a small-time local dealer who sold LSD and Ecstasy. On a few occasions Charisse accompanied Jeff while he made a drug deal. When Jeff was busted for drug dealing, Charisse was arrested too, even though she had no drugs in her possession and had never sold drugs. Charisse was charged with conspiracy to deal drugs, and she received the minimum sentence required by law – ten years in prison with no chance of parole. The sentencing judge said that he regretted having to mete out such a harsh sentence to a first-time, nonviolent offender. But the law allowed him no alternative.” (Terkel, 1997, p. 33) Consider ! the second case involving another young individual with no criminal record. “A student at the University of Virginia was caught selling three quarters of an ounce of marijuana and a bag of hallucinogenic mushrooms. For drug trafficking, he was sentenced to over a year in federal prison with no possibility of parole. The judge lamented that he could not order a less severe sentence, considering the student’s good academic record and previously clean slate.” (Drummon, 1991, New York Times) Numerous cases like the two above have been brought to court and the accompanying punishments are usually very harsh. Also, in addition to the lengthy jail time, another problem with rigid sentencing procedures is the “sentencing cliff.”

A person charged with possession of 4.99 grams of crack gets a sentence of one year in jail. In contrast, someone charged with possession of 5.01 grams – only 0.2 grams more, an amount weighing less than a feather; will receive a five-year prison sentence. Neither the severity of the penalties nor the government campaign to educate people about the danger of drugs has stopped drug use or abuse. If a person convicted of growing marijuana plants can serve more time than someone convicted of rape, and if possessing or selling 650 grams of cocaine or heroin in Michigan, even if it is a first-time offense, can bring a sentence of life in prison with no chance of parole, the drug laws seem unfair to many, and the penalties too harsh. (Terkel, 1997, p. 38) Laws are supposed to keep society’s members from harming each other, and to punish those who inflict harm. It doesn’t make sense to enact enough laws to govern all of human behavior. How many people want to live in a society in which every single act is regulated? Vincent Bugliosi, a former prosecutor, explains how the law has two classifications of crime. The first, Malum in se is ‘a wrong itself.’ This is a crime resulting from morally reprehensible behavior such as rape, murder, and theft. The second is known as Malum prohibition – ‘a wrong forbidden by law.’ This is a crime because it involves behavior that is against the law, but not necessary considered evil. (Bugliosi, 1996, p. 230) Drug laws are supposed to protect people from themselves and keep them from hurting others. Yet, perhaps current drug laws are actually raising crimes of ‘malum in se’ – a wrong itself. Therefore, in order to combat future harm to society, the drug laws need to be reformed. This does not call for drug legalization but it does call upon the examination of underlying issues within the laws. Furthermore, it is important to consider the origin of drugs themselves. In truth, the actual source of most illegal drugs is not from America. Much of the world’s cocaine comes from Central and South America. Mexico also plays a key role in the global drug scene. (Terkel, 1997, p. 127) In poor regions, illegal drugs provide a way to earn a living and occasionally the chance to rise above poverty. Throughout the world, hundreds of thousands of peasants earn far more money growing poppy, coca, and marijuana than they could earn from legal crops. Thus, almost all-illegal drugs from South America travel through Mexico before reaching the U.S. border. (Hamill, 1990, p.159) This is a very controversial issue that cannot be easily remedied. Many governments, particularly those in nations struggling with poverty or shaky politics, refuse to cooperate with international drug control efforts. Take Iran for example. Iran is a major producer of opium and heroin. Since the 1979 revolution! that established the Islamic Republic of Iran, U.S. diplomatic relations with Iran have been severed. This leaves the United States with no influence on Iranian drug trafficking whatsoever. (Falco, 1994, p. 92)

If the transport of drugs into North America can be stemmed, the actual drugs will not be as readily available. The resulting skyrocketing prices should help to reduce the number of addicts and also the attractiveness of drugs. In reality, the drug trade cannot continue if drugs are only manufactured from within the United States and Canada. Therefore, if the smuggling of drugs across the border is stopped, the actual drug problem will similarly cease to exist. Lastly, and one of the most commonly debated issues, is the topic of drug abuse. According to The National Institute on Drug Abuse, the official 1988 toll of drug-caused deaths in 27 U.S. cities, the best available measure of the nation’s “drug problem,” was, for cocaine products, 3,308, for heroin and morphine, 2,480, and for marijuana, zero. (Newsweek, 1990, p. 4) The article goes on to list other non-related deaths such as smoking and alcohol. For comparison, smoking killed 390,000 last year and alcohol killed at least 100,000. Liquor itself is responsible for more fetal damage than crack and remains a major menace on American highways. (Newsweek, 1990, p. 5) It seems as if the drug of choice in the white community is alcohol. Alcohol is of course a legal substance and there are many programs out there to deal with its negative effects. In other words, the majority of drug users are being shipped off to prison while the alcoholics who are considered “sick”, are being sent t! o rehab centers for therapy. Is this the right course of action? Why is excessive drug use not on the same level as excessive alcohol consumption? Kurt Schmoke, a supporter of “medicalization”, feels that ‘drug abuse’ is primarily a public health problem and not primarily a criminal justice problem.” (The Nation, 1999, p. 22) The following case is an example in which jail time is not the best course of action. “Jackie, who wanted to be known only by her first name, is 37 years old and looks twenty years older. She has five children and uses between $50 and $200 worth of heroin and cocaine a day. She’s been in jail five times, for soliciting prostitution and for shoplifting. She spoke with evident anguish about this – about the jobs she has lost, about ‘what I put my parents through.’ When asked about treatment, she response was, ‘Oh yes. If I could right this minute, yes I would. Yes I would. Next time I get the chance to get into treatment…’ and then her voice trailed off.” (! The Nation, 1999, p. 23) Obviously the line ‘right this minute’ is clear enough. The thing is, people who want treatment cannot always get it. More money must be spent on making treatment-on-request a reality. If the current budget is increased considerably to help with drug addiction, this is a step forward in the right direction. What must be changed is the idea that “drug users belong in prison.” This is probably a strong sentiment among a majority of people but it is not the right attitude to have. If society is bettered, individuals will all reap the added benefits. Therefore, in the long run, treatment will help the entire populace of the country and not just the individuals who are being treated.

In conclusion, there is still a great deal to do before the drug problem can be mended. Perhaps it is necessary to take a step backwards before we can take a step forwards, but there must be a genuine effort on the part of the government and also the entire society to help fight the problems. If areas such as adolescent drug use, drug offenses/crimes, drug laws, the foreign drug trade, and drug abuse are combated; this will surely help to set the wheels in motion and the drug problem will eventually resolve itself. Without a start there is no finish, and the ideas discussed above are crucial pieces of the puzzle. In other words, when the problem areas are all addressed, the drug problem will finally be solved.

Bibliography

Bucknell, Patrick. “Misuse of Drugs.” The Criminal Law Library. 1986.

The Phoenix Solution: Getting Serious About Winning America’s B. Drummon Ayres Jr. “2 Students Enter Pleas in Campus Drug Raid,” New York Times 15 June.

“Yes, Treatment, But…” The Nation 20 September 1999: 18-19 Drug War. Beverly Hills Dove, 1996.

The Making of a Drug-Free America. New York: Random House, 1994.

“Perils of Prohibition.” The Nation 20 September 1999: 16-19.

“The Great American Drug Muddle,” Lears (Mar. 1990), p. 159.

“Life of A Scandal.” The Nation 20 September 1999: 15-16.

“It’s Time for Realism.” The Nation 20 September 1999: 11-15.

Drugs – STBL. New Jersey: Enslow Publishers Inc, 1996.

“An Old City Seeks a New Model.” The Nation 20 September 1999: 22 Terkel, Susan. The Drug Laws. New York: Franklin Watts, 1997