Chapter 11:United States Drug Policy

PSY 302: Substance Abuse

Moral-Legal Model

Alcohol and other psychoactive drugs are defined as either legal or illegal with attempts to control the latter type through penalties

In US, this is the model that we base our decisions on (no longer accepting public health model ideas)

Moral-Legal Model

Three methods to control drug use:RegulationCertain harmful substances are sold with minimal restrictionsSin tax; special licenses; age restrictionsMedical AuspicesPotentially harmful substances are allowed under medical supervision; value outweighs danger when taken under medical supervisionCriminalizationSpecific public officials are empowered to enforce statutes prohibiting the manufacture or possession of dangerous drugs

Incongruities between facts and policies…

Only some drugs are banned leading to different perceptions Those that smoke tobacco are smokers;

those who smoke marijuana are drug users Some of the more dangerous

substances are legal For example, nicotine, alcohol, a variety of

sedatives, etc.

Supply reduction through the criminal sanction…

Supply reduction usually drives up the price of a product and ultimately reduces demand and consumption

Drug supply reduction doesn’t really work that way Less supply – yes Higher price – yes Less demand/consumption – NO!

Supply reduction through the criminal sanction…

Probably only the less-organized criminal organizations are hurt

Stronger organizations will actually likely profit from law enforcement efforts

Higher prices; less competition; stable consumption rates

Tougher laws – probably not the answer?

1973 - New York State’s “Rockefeller Drug Laws”, a mandatory minimum 15 year to life prison term for anyone convicted of selling 2 ounces or possessing 4 ounces of heroin or cocaine, regardless of the offender’s criminal historyUse of drugs increased during the years immediately after (1973-1976)

Nelson Rockefeller(1908-1979)

More problems for NYC…

So many more drug arrests Major back-up in court Riker’s Island was chaotically

overcrowded 1981-1991 the average jail population

in NYC increased 170%Riker’s Island Prison

Not just NYC’s problem…

By 2004, federal prisons were operating at 140% of capacity; state prisons at 115%This lead to:

Emergency prison release programs Increase in plea bargaining Heavy caseloads - Less supervision of

those on probation or parole

A Racial Drug War?

USA Today (1993) Same drug usage between African Americans

and whites African Americans 4 times more likely to be

arrested than whites are Eckholm (2008)

Same drug usage between African Americans and whites

African Americans 12 times more likely to be arrested than whites are

A RACIAL DRUG WAR?

Drug Use Rates for Adults (% using past month)

6.4 6.4

0

3

6

9

12

15

White Black

Source: 2000 National Household Survey on Drug Abuse

A Racial Drug War?

African Americans constitute about 13% of drug users BUT: 36.8% of those arrested for drug violations42% of those in federal prisons for drug violations59% of those in state prisons

A Racial Drug War?

Males 28.5% African-Americans 16% Latinos 4.4% Non-Latino Whites

Females 3.6% African-Americans 1.5% Latinos 0.5% Non-Latino Whites

A Racial Drug War?

Discriminatory LawsMost crack cocaine users are blacks; most powdered cocaine users are whitesUntil 1991, Minnesota Law:20 years for crack cocaine possession5 years for powdered cocaine possession1988 – those arrested for crack 97% blacks; 80% of those arrested for cocaine hydrochloride were white1991 – Minnesota Supreme Court found this to be unconstitutional

A Racial Drug War?

Health IssuesFederal prohibits ex-prison inmates from receiving federal benefits for five years if they were convicted of drug possession or drug trafficking; no food stamps and other assistance

Would changing the penalties help?

Reducing penalties: Only incarcerate serious drug offenders Probably not feasible; most of these

individuals go undetected Just fining drug users will probably

prevent full decriminalization of drugs Decriminalization would lessen black

market appeal

Would changing the penalties help?

Increasing penalties:Unrealistic strategy as sentences for drug trafficking are already high 40 years for second offenseCapital punishment for drug-related murderThese severe penalties already have instilled a “nothing to lose” attitudeDeath penalty for dealers hasn’t worked elsewhere

Chinese Drug Treatment

Mandatory drug testing for suspected drug users; test positive incarcerated in a “rehab center”

Improving Drug Enforcement

Theory At some point when drug prices are too

high and/or amount available for consumption is too low then drug users will seek treatment

Practice Instead of treatment they will switch to a

new drug

Improving Drug Enforcement

Increases in law enforcement often lead to a more potent alternative Hydrochloride cocaine crack Methamphetamine crystal

methamphetamine Long-term perspective

Rates of usage change Crack epidemic was short-lived

Total US Cocaine consumption 1988-2000 (in metric tons)

200

250

300

350

400

450

500

550

600

650

700

1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000

Co

ca

ine

US High School Senior Use

0

2

4

6

8

10

1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007

Daily marijuana

30-day cocaine

Source: Monitoring the Future

No easy answer…

Reducing the market for illegal drugs can have negative repercussions

Increased competition; violence Other crimes

Drug-Trafficking Law Changes…

Some new laws work: 2004 – Iowa restricts purchase of cold medicines

with pseudoephedrine 2005 – Burn victims at University of Iowa Burn

Center related to toxic chemicals drops to near zero

Some don’t: Extreme measures such as shooting down

aircrafts Peru shot down commercial airliners by mistake

Drug Trafficking Laws

Bottom line…A troubling aspect of drug trafficking is that it operates in accordance with the powerful forces of free-market capitalism

Trebach (1987)In the broadest sense, there is no way to win because we cannot make the drugs or their abusers go away

The “Balloon Effect”

Reference to what happens when you squeeze a latex balloon

Often cited criticism of United States drug policy (as well as other countries)

As long as demand remains strong cultivation will shift to a new location (displacement)

The “Balloon Effect”

New York Times (2005)Forcing crop eradication just moves the problem aroundEnriches drug traffickers by raising the priceCreates turmoil in rural areas

Crop Eradication or Substitution

Substitution Conventional crops not nearly as lucrative Violence

Eradication efforts Cutting or burning crops makes for healthier

soil; uprooting ruins all planting for about 10 years; aerial herbicides lead to environmental concerns

More violenceSee next slide

Crop Eradication or Substitution

U.S. Antidrug Efforts in Peru's Upper Huallaga Valley

Crop Eradication or Substitution

Underground Farms

Quite a crop: Trevor Winterbottom cultivated cannabis in an underground home-made basement hidden within his 10 acre property

Click on picture for story

Drug Enforcement and Foreign Policy

Trade and other economic issues seem to take precedence over drug lawsAnti-Drug Abuse Act (1986)Requires that nations be making adequate progress against drugs to get aid, loans, etc. from US1990 – only 4 of the top 24 drug-producing and drug-transiting countries denied

Demand reduction by criminal prosecution for fetal liability

1989 – Florida Jennifer Johnson convicted under a drug

trafficking law for consuming cocaine during her pregnancy

She was sentenced to one-year in a drug treatment program, 14 years probation, and 200 hours of community service

1992 – Florida Johnson appealed and Supreme Court

overturned its decision to convict her

Demand reduction by criminal prosecution for fetal liability

Benefits Prosecution can be used to coerce these women

into drug treatment Problems

Some programs are unwilling or unable to provide for pregnant clients

Psychoactive drugs are hazardous to spermatozoa

High cost of providing for drug-abusing mothers (Foster care, etc.)

Demand reduction by criminal prosecution for fetal liability

Because of high cost of foster care, NYC has decided to allow drug-abusing mothers to keep their children at home under the intensive supervision of a social worker

United States President George W. Bush signs the Unborn Victims of Violence Act of 2004

Demand reduction by expanding treatment…

Much more cost efficient Short-term effect: $34 Million spent on treatment vs. $246 Million spent on domestic law enforcementAfter-treatment effect adds to thisMuch support for mandatory outpatient treatment policies

Demand reduction by expanding treatment…

Some laws seem to take disease model into considerationIt is the possession of controlled substances that constitutes a crime; an addict is not a criminal by virtue of his or her addiction. Supreme Court ruled that individuals cannot be prosecuted for “being under the influence” or for “internal possession” of illegal drugs

Measuring the results of policy changes…

No direct measures of incidence or prevalence of drug use in general population

All inferences are derived from data gathered by law enforcement or medical sources

Difficult to determine effectiveness of drug policies on the addict population

Difficult to interpret data…

Difficult to determine the cause when there is a drop in emergency room admissions for a particular drugEffective police control?Successful treatment of addicts?Change in drug preference?Increase in the number of natural recoveries

Drug Abuse Directions

Good News Major concern of our nation (world) which is

being addressed on daily basis Many steps in the right direction

Bad News Many questions remain Exact direction we go insofar as dealing

with drug abuse is still to be determined

Credits

Some slides prepared with the help of the following websites:

www.geos.ed.ac.uk/homes/tslater/americanincarceration.ppt

www.tarleton.edu/~jdixon/RaceClassUS.ppt www.encod.org/.../ppt/REUTER_TRAUTMANN_REPORT.pp...