http://www.sltrib.com/07162001/commenta/114036.htm
Monday, July 16, 2001
The dam burst last weekend. There
had been cracks in the concrete of consensus and growing trickles of dissent
for some time, but suddenly the issue of legalizing the use of marijuana
is on the table in a major country -- and an English-speaking one, at that.
BY GWYNNE DYER
In Spain, Italy, Portugal, and Switzerland
it is already practically impossible to get arrested for buying or using
"soft drugs." In the Netherlands, users may buy up to 5 grams of marijuana
or hashish for private use at 1,500 licensed "coffee shops," and they are
opening two drive-through outlets in the border town of Venlo to cater
to German purchasers.
Even in Canada, Conservative leader
and former prime minister Joe Clark is openly calling for the decriminalization
of cannabis.
But that is still far short of what
Sir David Ramsbotham, the outgoing Chief Inspector of Prisons, suggested
last Sunday in Britain.
"The more I look at what's happening,
the more I can see the logic of legalizing drugs, because the misery that
is caused by the people who are making criminal profit is so appalling
and the sums are so great that are being made illegally. I think there
is merit in legalizing and prescribing, so people don't have to go and
find an illegal way of doing it," he said.
You will note that he said "drugs,"
not just cannabis, and that he talked of "legalizing and prescribing,"
not just "decriminalizing." Most British politicians are afraid to go that
far in public yet, but over the past week former Home Secretaries Lord
Jenkins and Lord Baker and outgoing British "drugs czar" Keith Hellawell
have all called for a debate on decriminalizing so-called "soft drugs."
And the new Home Secretary, David Blunkett, has given his support to a
local experiment in the south London district of Brixton where police will
simply caution people found with pot. No trial, no criminal record.
Others, like Mo Mowlam, until recently
the Cabinet Office minister responsible for the Labor government's drug
policy, and Peter Lilley, former minister for social security and Conservative
deputy leader, are now going further. "It strikes me as totally irrational
to decriminalize cannabis without looking at the sale of it," said Ms.
Mowlam. "It would be an absurdity to have criminals controlling the market
of a substance people can use legally."
Peter Lilley began by quoting a
recent study in the respected medical journal The Lancet, which concluded
that "moderate indulgence in cannabis has little ill effect on health,
and decisions to ban or to legalize cannabis should be based on other considerations."
For Lilley, banning cannabis is indefensible and unenforceable in a country
where far more harmful drugs like alcohol and tobacco are legal, and he
went the distance in accepting the implications of legalization.
Magistrates should issue licenses
to local shops for the sale of limited amounts of cannabis to people over
18, Lilley said. Like tobacco, it would be taxed and carry a health warning
-- and the tax yield on an estimated annual British consumption of 1,500
tons of cannabis a year has been calculated at about $23 billion if the
cannabis were produced and marketed in exactly the same way as tobacco,
enough to cut the standard rate of British taxes by 5 percent.
That is a pipe-dream, of course.
Many people would grow their own, and given the pre-existing black market,
too high a rate of taxation on cannabis would simply push consumers back
into the hands of the private dealers. Most experts think the highest practical
rate of taxation would be around $3 to $4 per gram (against a production
cost of around $0.75), which would yield a mere $7 billion to $8 billion
a year in extra tax revenue. But it would also cut law enforcement costs
-- and it would keep ordinary cannabis users out of contact with "hard
drug" dealers.
As Lilley pointed out, "By making
cannabis illegal, it is only available through illegal sources, which are
the same channels that handle hard drugs. So we are forcing cannabis users
into the arms of hard-drug pushers." When senior Conservative politicians
start talking like that, you know the wind has changed, and British opinion
polls support it.
Opposition to legalizing cannabis
has dropped from 66 percent to only 51 percent in the past five years,
and the nay-sayers are overwhelmingly in the older age groups.
It is a welcome outbreak of sanity,
and even mere decriminalization in a major English-speaking country would
have a profound effect on the debate in the United States, the heart and
soul of the prohibitionist movement. But actual legalization of cannabis
in Britain is unlikely because the U.S. government strong-armed all its
allies into signing three international conventions in the 1970s and 1980s
that define cannabis as a dangerous drug.
To break out of those treaties would
involve a larger effort of political will than any government with many
other items on its agenda (like persuading the United States to ratify
the Kyoto accord on climate change and to honor the ABM treaty) would be
willing to undertake. So millions of individual Britons may benefit from
the decriminalization of cannabis and an end to harassment, but the potentially
large social and tax benefits of outright legalization are likely to be
lost.