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Kevin A. Sabet, Ph.D.

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Legalization Is Not the Answer

Posted: 08/28/2012 8:18 am

Although it hardly enjoys the status it did twenty years ago, drug policy remains important. American society loses nearly $200 billion in social costs every year -- from reduced productivity to increased health care costs, from accidents to premature illness and death, drug use is expensive. And it destroys minds and breaks families apart in ways that no dollar amount can capture.

So what, if anything, can we do about drugs?

Unfortunately, well-meaning observers -- Ron Paul comes to mind -- too often try to frame the drug policy debate as a simple dichotomy: "legalization and regulation versus a costly, ineffective drug war." While such simplifications make for good sound bites, they mask the fact that there are much more effective and sophisticated ways to deal with drugs. A balanced and nuanced approach based on evidence, common sense, public health and public safety has been shown to produce results. What does this approach look like? Here are some of its elements:

(a) Community-based prevention that focuses not only on preventing drug use among school kids, but also on changing ill-conceived local laws and ordinances that promote underage drinking, smoking and marijuana use (so-called "environmental policies");

(b) Early intervention and detection of drug use in health settings -- after all, prescription drug overdose is now the leading cause of accidental death in this country, and health professionals need to be better equipped to deal with this epidemic;

(c) Evidence-based treatment, including methadone and buprenorphine, as well as 12-step programs;

(d) Recovery-based policies that don't penalize people for past drug use and instead facilitate full and productive participation in society;

(e) Smart law enforcement that combines credible threats with modest sanctions.Through drug courts, for example, offenders are offered the chance to get their record cleared if they successfully complete treatment. Through testing and sanctions programs, probation violators are given modest jail stays that are swift and certain, rather than uncertain, distant, and severe. Such measures have yielded stellar results in localities where they've been implemented: less crime, lower rates of recidivism and substantial cost savings.

Drug legalization sounds tempting -- advocates argue that it would rid America of violent underground markets, while taxes on newly legal drugs would lead to public budget windfalls. But a close and honest analysis reveals that legalization is, at best, a very risky proposition.

Research uniformly reveals that under legalization, the price of drugs would fall substantially, thereby increasing consumption. Any taxes gained on legal drugs would be quickly offset by the social costs resulting from this increased use: witness how today society receives about $1 in alcohol and tobacco tax revenue for every $10 lost on the social costs of those two legal drugs. Increased drug use means increased costs, including those borne by American businesses as they deal with a high workforce, greater absenteeism and less productivity.

Furthermore, there is no guarantee that drug legalization would significantly diminish the underground market. In a legal market, where drugs are taxed, the well-established illegal drug trade has every incentive to remain. The drug trade is so profitable that even undercutting the legal (taxed) market price would leave cartels with a handsome profit. Drug legalization would also do nothing to loosen the cartels' grip on other illegal trades such as human trafficking, kidnapping, extortion and piracy.

What about criminal justice costs? Wouldn't legalization at least decrease these? Surprisingly, legal drugs -- especially alcohol -- cause more arrests every year than illegal ones. Legal drugs are more available and therefore more abused. Driving while intoxicated, public drunkenness, and liquor law violations result in over 2.5 million arrests every year. That isn't to say that current drug policies are not costly to the criminal justice system. They are. But that is precisely why we need smarter enforcement policies -- not legalization, which would likely compound current costs.

In order to save America from losing trillions down the road in social costs, it makes sense to devote our time and resources now to stopping drug use before it starts, intervening on early use, treating addiction, and enforcing our laws justly and smartly. Drug legalization is not the magic bullet it is often claimed to be. Let's move beyond unhelpful simplifications and dichotomies, and come together behind strategies that will lead to a safer and healthier America.

This post is part of the HuffPost Shadow Conventions 2012, a series spotlighting three issues that are not being discussed at the national GOP and Democratic conventions: The Drug War, Poverty in America, and Money in Politics.

HuffPost Live will be taking a comprehensive look at America's failed war on drugs August 28th and September 4th from 12-4 pm ET and 6-10 pm ET. Click here to check it out -- and join the conversation.

 

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Although it hardly enjoys the status it did twenty years ago, drug policy remains important. American society loses nearly $200 billion in social costs every year -- from reduced productivity to incre...
Although it hardly enjoys the status it did twenty years ago, drug policy remains important. American society loses nearly $200 billion in social costs every year -- from reduced productivity to incre...
 
 
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HUFFPOST SUPER USER
Stevie Hallandale
Aware
11:22 PM on 09/17/2012
Legalize all drugs. Land of the free? Who are you to judge anothers pursuit of happiness. Control freak
11:05 AM on 09/15/2012
Legalize all drugs. People who want to do them now will do them, people who don't won't. It would be the same if they are legal.
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HUFFPOST SUPER USER
Steve Scott
06:27 AM on 09/08/2012
So...this guy just made an argument for making alcohol illegal.

No, of course he didn't...but he might as well have. His arguments against legalization of pot draw from the problems we face with legal alcohol.

Stoners are FAR different than drunks. The effects of the drugs are different, as are the behaviors of the users.
HUFFPOST SUPER USER
pistoff
11:14 AM on 09/06/2012
Bunk! This is just a variation of a tired and discredited drug policy. If this method works so well why don't we try to solve the abortion problem by simply making sex illegal out of wedlock.
HUFFPOST SUPER USER
Gonzo333
11:13 AM on 09/06/2012
WRONG!
This user has chosen to opt out of the Badges program
c-tom
Badges we don't need no stinking badges
11:05 AM on 09/06/2012
Of course legalization is an answer. But there probably isn't any "the answer". Burroughs wrote that drug markets are a pyramid and as long as the base exists the top part will re-built no matter how many times it is broken off. {As long as there is a demand there will be suppliers.} Regulated and taxed as tobacco and liquor are makes sense for marijuana. How to handle speed and the opiates isn't quite as clear cut at least to me.
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11:04 AM on 09/06/2012
Marijuana is less harmful than what is being done to our food. But then, Monsanto has an army of lobbyists along with a very big bankroll - something of which the marijuana industry does not have. Guess that makes it okay for the public to ingest Monsanto's chemicals and GMO foods per the FDA.
09:53 AM on 09/06/2012
I hope people understand that the suggestions and findings in this atricle in no way refute the benefits of legalizing marijuana. This is about illegal harmful drugs (cocaine, heroin, meth, etc), which most people aren't asking to be made legal.
HUFFPOST SUPER USER
realitytrumpsbull
Two 'alves of coconut!
09:43 AM on 09/06/2012
Legalize! Save some gummitmunny, and listen to the public, for a change, instead of trying to GIVE the People their opinion. Getting stoned is not a threat to nastyskirty. Trying to establish/maintain totalitarian control over people's lives, is a threat to liberty, though, and having organized criminal syndicates working in concert to out-maneuver, and out-network federal enforcement efforts has given rise to 'drug armies' who make it their mission in life to keep supply lines open in spite of the best efforts of The Government, at an annual expense to the public of billions upon billions of enforcement dollars. Hey, job security, right? Right. Is pot smoking part of this nutritious breakfast? Well....no, but this is the United States, and if you want to get high and sing John Denver songs to the squirrels, knock yourself out. Legalize pot, put it on sale at the (GASP) drugstore, and maybe even hang some garlic over the door, as bureaucrat-bane. Back, back, away, foul thing of darkness!
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HUFFPOST SUPER USER
maverick9808
klaatu barada necktie
08:37 AM on 09/06/2012
why would drug prices drop? I get that the prices of anything going mainstream will generally drop due to increased efficiency in manufacturing, however this is not the case with alcohol or cigarettes. Plus the whole claim of a fair and balanced court system dealing out justice is a farce proven to be untrue by the war on drugs which has made it clear ethnic communities are not benefited by such measures. Rather than continue a pointless drug war which hurts women, yes women, and their children by way of a disrupted home life legalize and tax the hell out of it and use the excess to fund social programs. Why is this so hard to argue? My friends don't brew hooch at home they go to the store like everyone else and buy it, paying exorbitant taxes and all...no complaints.
Last point the methadone treatment is a farce which is only replacing one dependence with another. Unlike marijuana which has cash crop potential methadone's key ingredient is not produced in the US, and only presents huge profits for those who import it to produce "medicine".
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HUFFPOST SUPER USER
Grimway
09:56 PM on 09/05/2012
I think the author is a little young, and definetly wrong. You have the distinct privilage of witnessing marijuana prohibition, first hand. What part of this debacle is unclear? Cost? Deaths? Nothing could possibly be worse than reality?
HUFFPOST SUPER USER
RedandGreen
07:42 PM on 09/05/2012
It certainly is not the answer. The only ones benefitting will be potheads and Capitalists.
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HUFFPOST SUPER USER
maverick9808
klaatu barada necktie
08:38 AM on 09/06/2012
Well that and cancer patients
HUFFPOST SUPER USER
realitytrumpsbull
Two 'alves of coconut!
09:54 AM on 09/06/2012
What's wrong with potheads? Give me 21st century hippies any day, over govt. hitlerpigs, who, in more than one stellar example, have turned out to be part of the criminal syndicate profiting mightily by the international drug trade. Pot has been around a lot longer than govt. bureaucracy, they made it illegal, and gave rise to a multitude of Al Capones. Recently, the news talked about Columbian drug cartels now having enough money, to build rudimentary submarines. Sounds to me like it's time to open a drugstore and sell the stuff OTC, before they develop cruise missile delivery systems. Bring pot out into the open, and tell the right-wingers to take their religious/moral tirades and pound them where the sun doesn't shine. Enough is enough, already. W.O.D. has been a stellar failure, and represents billions in potential annual federal budget savings. Sure, it's job security for govt. lifers, but frankly, I think legalization is the 'way forward'.
05:31 PM on 09/05/2012
If you ignore everything that was learned from prohibition then this guy makes some sense.
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lcr999
scientist
05:27 PM on 09/05/2012
Contrary to the main page title, Dr. Sabat is not a Presidential Science Adviser, nor was he ever. He WAS a Senior Adviser for Policy in the Office of National Drug Policy. He has a Ph.D. in Social Policy. He is neither a Scientist or a Science Adviser, just a policy wonk.
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OutAtFirst
Mountain goat, desert rat and sea dog
03:17 PM on 09/05/2012
Maybe, but next time I have a bad hangover it sure would be nice if I could go out and grab a few Vicodin at the local pharmacy.