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Tony Newman

Tony Newman

Will Cigarettes Be Illegal in the Future?

Posted: 02/ 7/11 09:56 PM ET

Will cigarettes be illegal in the future? The battle over cigarettes is heating up -- and recent news shows that momentum to criminalize tobacco smoking continues to build in the U.S. and around the world.

Last week The New York Times reported on the Himalayan Kingdom of Bhutan's war on cigarette smokers. Back in 2005 Bhutan banned the sale of tobacco but made little headway as smugglers brought in cigarettes from India. Now the country is enforcing the ban by allowing authorities to break down doors looking for illegal cigarettes. People who sell illegal cigarettes are now facing five year sentences. Breaking down doors and long sentences over the tobacco plant! Sounds familiar? If it does, it's because that's how the U.S. deals with the marijuana and coca plants.

And the creeping criminalization of tobacco is not only happening in far away places, but right here in the "Land of the Free."

The Wall Street Journal reported last week that the FDA is looking into banning menthol cigarettes. The argument by some antismoking groups is that menthol cigarettes are enticing to adolescent smokers and have been marketed to the African-American community. A ban on menthols would build on the FDA's ban last year on flavored cigarettes and cloves.

While I support many restrictions on public smoking, such as at restaurants and workplaces, and I appreciate public education campaigns and efforts aimed at discouraging young people from smoking, I believe the prohibition of menthols would inevitably lead to harmful and unintended consequences.

For millions of people, menthols are their smoke of choice. I have no doubt that someone is going to step in to meet this demand. What do we propose doing to the people who are caught selling illegal menthol cigarettes? Are cops going to have to expend limited resources to enforce this ban? Are we going to arrest and lock up people who are selling the illegal cigarettes? Prisons are already bursting at the seams (thanks to drug laws) across the country. Are we going to waste more taxpayer money on criminalization and incarceration?

The prohibition of flavored cigarettes also moves us another step closer to total cigarette prohibition. Last year it was cloves. This year it may be menthol. And why not all cigarettes next year? Cigarettes kill; 400,000 people die prematurely every year from smoking. When we analyze the harm from drugs, there is no doubt that cigarettes are the worst. Considering how harshly we deal with less harmful drugs like marijuana, by that same flawed logic cigarettes should be illegal too.

But with all the good intentions in the world, outlawing cigarettes would be just as disastrous as the prohibition of other drugs. After all, people would still smoke, just as they still use other drugs that are prohibited, from marijuana to cocaine. But now, in addition to the harm of smoking, there would be a whole range of "collateral consequences," such as black market-related violence, that crop up with prohibition.

Remember, banning marijuana and coca plants have led to 35,000 deaths in Mexico due to prohibition over just the past four years. Imagine what banning the tobacco plant would do. We would have a black market, with outlaws taking the place of delis and supermarkets, stepping in to meet the demand and provide the desired drug.

Instead of buying your cigarettes in a legally sanctioned place, you would have to hit the streets to pick up your fix. The cigarette trade would provide big revenue to "drug dealers," just as illegal drugs do today. There would be shootouts in the streets and killings over the right to sell the illicit substance.

We need to realize that drugs that already have an established demand, whether cigarettes or marijuana or alcohol, will always be consumed, whether they are legal or illegal. Although drugs have health consequences and dangers, making them illegal -- and keeping them illegal -- will only bring additional death and suffering.

We should celebrate our success curbing cigarette smoking and continue to encourage people to cut back or give up cigarettes, but let's not get carried away and think that criminalizing smoking or making cigarettes illegal is the answer.

Tony Newman is the director of media relations at the Drug Policy Alliance (www.drugpolicy.org)

 

Follow Tony Newman on Twitter: www.twitter.com/TonyNewmanDPA

 
 
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HUFFPOST SUPER USER
Hob-Goblin
A smile like a Siberian winter
01:50 AM on 02/16/2011
Sorry, found that here: http://www.medicalnewstoday.com/articles/138439.php
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HUFFPOST SUPER USER
Hob-Goblin
A smile like a Siberian winter
01:50 AM on 02/16/2011
One point:
"According to the National Conference of State Legislatures, states face total budget deficits of $47.4 billion for the 2009 fiscal year. The Journal reports that state tobacco taxes collected $15.26 billion in revenue in 2007 (McKay, Wall Street Journal, 2/9)."

Tobacco will never be illegal, the gov't makes too much money off of it.
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Marcus01
It all just seems like it's real
10:52 PM on 02/15/2011
Great, let's ban cigarettes. Then we can have another thriving black market breeding crime and violence. Are you listening, narco-traffickers? Time to gear up for the next wave of prohibition-driven profits.
07:57 PM on 02/15/2011
I have no problem with smokers smoking, provided that they do not expose others to second-hand smoke. Smokers have no more "rights" to expose others to carcinogens than I have to start spraying insecticides inside a restaurant.
01:59 AM on 02/12/2011
Based on the settlement with the state governments, the tobacco companies pay 25 billion dollars per year to the states. If they stopped payment many states would be bankrupt. Insurance companies should raise the rates to smokers, and the states should raise taxes on cigarettes and thus reward people that do not smoke. Then have the schools spend money to teach young children to results of smoking by taking them on a tour of the hospital cancer section where people have lung cancer from smoking. My five year old daughter asked her grandmother why the cat died. When told she had cancer, my daughter said."I never saw the cat smoke" Educate them when they are young. A great deal of money spent properly could make a big difference to our country's financial reality
08:02 PM on 02/11/2011
It should go the other way in fact and tobacco should be legalised. Fees and licences should be removed so that anyone could grow and sell it. Why should only tobacco companies sell us their addictive, chemically grown, dangerous product when the mom and pop growers and retailers could be making a living providing unique local old varieties and maybe organic produce. And alcohol too, let's legalise it all so that everyone can start their own small scale business. Put all drugs on the same level. Back in the public domain where they belong. People are responsible and people will provide a better product than giant companies.
03:02 PM on 02/09/2011
At least I'm close to the border where I can get some black-market cigs... but if it's anything like the quality of their "other smoke", it might be a waste of time. Buy American "smoke" - it ain't cheap but it's good; so are the cigs!
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thinkingwomanmillstone
My life is microbiodegradable.
02:47 PM on 02/09/2011
I hate smoking and am all in favor of banning it in public places including public parks and beaches (ever stepped on a discarded cigarette butt with your bare foot or sat on one at the beach?) but prohibition doesn't work. Continue to tax the heck out of it and let people pay for the clean up and additional health costs through their user tax.
HUFFPOST SUPER USER
onionboy
Blessed are the Cheese Makers
05:52 PM on 02/11/2011
Agreed. Prohibition would be silly. Just writing the law would be close to impossible. What would they actually prohibit? Just manufactured cigarettes? Would they allow people to grow their own tobacco and roll their own? Is it just tobacco? Can they choose another plant and roll their own?

Like you, I can't stand it, but I think we need to handle addiction (whether cigarettes or heroin) in a smarter fashion than we're doing today.
This user has chosen to opt out of the Badges program
06:30 PM on 02/08/2011
Yes, tobacco will be illegal in the U.S.

That is why the government bought all the tobacco bases in May 2004.

My prediction is you will be allow to grow tobacco in the U.S. for overseas consumption, but consumption in the U.S. will be illegal.
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JayMonaco
09:38 PM on 02/08/2011
OK I just did a google search and came up with nothing. What is a "tobacco base" and from whom did the US government purchase them?

In fact, your comment, to which I am now replying, was on the first page of the search. The whole notion seems kind of thin to me.
This user has chosen to opt out of the Badges program
10:06 PM on 02/08/2011
Hello.

I will try to explain what a 'tobacco base' was.
I had a 158 pound tobacco base. A very small base.
You could only grow the amount of your base, no more.
If you had a one acre tobacco base, you could only plant one acre of tobacco.
Some people had 900 pounds, 1 acre, and some thousands of acres of tobacco bases.
We were they only people who were allowed to grow tobacco.
If you didn't have a tobacco base, you could not grow tobacco on your land.

The U.S. government bought all of our tobacco bases.
I am not sure how they determined what they were worth, but I get $109.00 per year, for ten years.
The reason we were paid for our tobbaco bases is because it lowered the value of our property.

As of May 2004 anyone who wants to grow tobacco can grow it.
As of May 2004 you can grow as much tobacco as you want.

I think when all of the payments have been made it will be against the law to smoke in the U.S., but tobacco will exported.


You can find more information by typing 'when did the U.S. buy out tobacco bases' into Google, Bing, or Yahoo. I found a wealth of info on Google.

Hope that helps.

Have a nice evening.
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HUFFPOST SUPER USER
JayMonaco
12:47 PM on 02/08/2011
I enjoy cigarettes. I smoke them now, have no plans to quit, and will continue smoking if smoking is banned.

Which it won't be. Articles like this disregard the tobacco lobby--which, despite its demonization in recent years, is still very powerful, since tobacco accounts for large percentages of the economies in certain states.

If you do a little research, you'll find that anti-smoking sentiment has waxed and waned over the last 300 years. For every prohibitionist movement, there is ultimately a pro-smoking backlash. I'm waiting patiently.
04:35 PM on 02/08/2011
I'm very curious to hear your stance on marijuana prohibition.
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JayMonaco
02:23 PM on 02/09/2011
My position is exactly the same on actual marijuana prohibition as it is for hypothetical tobacco prohibition. I do believe in moderation, but I'm just not a teetotaler and don't believe it is ever effective or useful to try and convince people to avoid using mind-altering chemicals.

As for those out there who seem to take an "alcohol-only" approach to mind-altering chemicals, that's just silly. it's not even a particularly good one.
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02:00 PM on 02/09/2011
Wait.... Jay? Are you an actual Real Liberal or just have your brain attached to your spine your entire life, because you sure do sound actually smart. :) F&F'd!!
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JayMonaco
02:23 PM on 02/09/2011
Right back at ya man...I'd like to say a little of both :)
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Iatros78
Science is the consensus of expert opinion
12:26 PM on 02/08/2011
What Mr. Newman fails to mention is that the legality of cigarettes has not prevented its "pushers" from engaging in widespread illegal activities. In 2006, the major American tobacco companies were convicted of federal racketeering charges. Last year, the Supreme Court refused to hear the appeal to this conviction. What were they convicted of? The makers of Marlboros, Newports, and Camels, said the judge, “over the course of 50 years, lied, misrepresented, and deceived the American public, including smokers and the young people they avidly sought as ‘replacement smokers,’ about the devastating health effects of smoking and environmental tobacco smoke.” In the process they also perverted science, journalism, and the democratic process. These pushers' illegal activities have cost America millions of lives and billions of dollars.
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wetdentist
11:47 AM on 02/08/2011
"tell congress, no new taxes on my juice drinks and sody-pop for my family"

we have a lobby that promotes future cases of diabetes, and they make their message sound wholesome and pure

where is the "personal freedoms" lobby?
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HerrMonk
Son of Apollo
11:33 AM on 02/08/2011
I think everything I don't like should be illegal.
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JayMonaco
12:42 PM on 02/08/2011
F/f, hilarious.
02:11 AM on 02/08/2011
Cigs will be illegal before guns will be.
01:41 AM on 02/08/2011
I'm really tired of the authoritarian nitwits of the Left and Right trying to micromanage our lives.
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HerrMonk
Son of Apollo
11:31 AM on 02/08/2011
No freakin' kidding.
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JayMonaco
12:42 PM on 02/08/2011
The funny thing is, any good authoritarian leader worth his (or her) salt would simply allow people to smoke.