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Julian Critchley: All the experts admit that we should legalise drugs

Thursday, 14 August 2008

Eight years ago, I left my civil service job as director of the UK Anti-Drug Co-Ordination Unit. I went partly because I was sick of having to implement policies that I knew, and my political masters knew, were unsupported by evidence. Yesterday, after a surreal flurry of media requests referring to a blog I wrote that questioned the wisdom of the UK's drug policies, I found myself in the thick of the debate again, and I was sorry to discover that the terms hadn't changed a bit.

I was being interviewed on the BBC World Service, and after I tried to explain why I believe that drugs should be decriminalised, the person representing the other side of the argument pointed out that drugs are terrible, that they destroy lives. Now, I am a deeply boring, undruggy person myself, and I think the world would be a better place without drugs. But I think that we must live in the world as it is, and not as we want it to be. And so my answer was, yes, I know that drugs are terrible. I'm not saying that drugs should be decriminalised because it would be fun if we could all get stoned with impunity. I'm saying that we've tried minimising harm through a draconian legal policy. It is now clear that enforcement and supply-side interventions are largely pointless. They haven't worked. There is evidence that this works.

Unfortunately, evidence is still not a major component in our policy. Take cannabis. When I was in the Anti-Drug Unit, the moves towards making it a class C drug began, and I hoped that our position on drugs was finally moving in a rational direction. But then Gordon Brown ignored his scientific advisers to make it a class B again. It was a decision that pandered to the instincts of the tabloids, and it made no sense whatsoever.

There is no doubt at all that the benefits to society of the fall in crime as a result of legalisation would be dramatic. The argument always put forward against this is that there would be a commensurate increase in drug use as a result of legalisation. This, it seems to me, is a bogus point: tobacco is a legal drug, whose use is declining, and precisely because it is legal, its users are far more amenable to Government control, education programmes and taxation than they would be otherwise. Studies suggest that the market is already almost saturated, and anyone who wishes to purchase the drug of their choice anywhere in the UK can already do so. The idea that many people are holding back solely because of a law which they know is already unenforceable is ridiculous.

Ultimately, people will make choices which harm themselves, whether they involve diet, smoking, drinking, lack of exercise, sexual activity or pursuit of extreme sports. In all these instances, the Government rightly takes the line that if these activities are to be pursued, society will ensure that those who pursue them have access to accurate information about the risks; can access assistance to change their harmful habits should they so wish; are protected by a legal standards regime; are taxed accordingly; and – crucially – do not harm other people. Only in the field of drugs does the Government take a different line.

The case is overwhelming. But I fear that policy will not catch up with the facts any time soon. It would take a mature society to accept that some individuals may hurt, or even kill themselves, as a result of a policy change, even if the evidence suggested that fewer people died or were harmed as a result. It would take a brave government to face down the tabloid fury in the face of anecdotes about middle-class children who bought drugs legally and came to grief, and this is not a brave government.

I think what was truly depressing about my time in the civil service was that the professionals I met from every sector held the same view: the illegality of drugs causes far more problems for society and the individual than it solves. Yet publicly, all those people were forced to repeat the mantra that the Government would be "tough on drugs", even though they all knew that the policy was causing harm.

I recall a conversation I had with a Number 10 policy advisor about a series of announcements in which we were to emphasise the shift of resources to treatment and highlight successes in prevention and education. She asked me whether we couldn't arrange for "a drugs bust in Brighton" at the same time, or "a boat speeding down the Thames to catch smugglers". For that advisor, what worked mattered considerably less than what would play well in the right-wing press. The tragedy of our drugs policy is that it is dictated by tabloid irrationality, and not by evidence.

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84 Comments

So there seems to be a consensus among experts that - when it comes to illicit drugs - the law is an ass.

But it is also as stubborn as a mule. Few realise the sheer inertia involved in shifting the international drug control system. The drugs problem provides comfortable, well-paid work, usually at taxpayers' expense. From supranational technocrats (UN, EMCDDA), through government tsars, to village constables, the people employed - entirely legally - in the fight against drugs could fill Olympic stadiums. Descriptions of this complex industry use words such as 'apparatus', 'behemoth' 'dysfunctional family'.

So Julian Critchley should be applauded for choosing teaching over being a drugs civil servant. A minority of technocrats take the moral route, sack themselves, and speak out. But the majority realise they are in a gilded cage, becoming deft at navigating between libertarians and prohibitionists. 'The drug problem' and its control is their livelihood. They perpetuate it.

Posted by Pete | 20.08.08, 17:16 GMT

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Correction. Sentence should read:

"Pushers" DON'T actually "push" their drugs on others, as much as others "pull"/demand those drugs.

Posted by Jesper Kristensen | 20.08.08, 12:56 GMT

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Dear William,

You assume the type of people in "drug dealing" and "possession" would necessarily go for other crimes, as if all crimes were equal.

Selling drugs is easy and the allure of profits tend to draw even normal people in. Not only is drug dealing easy on practical terms, but even morally it's easy on the soul.

Those who don't use, sell or know people in that market may be appalled by such a remark.

However, it is an essential truth that both the seller and buyer in the illegal market act out of their own free will. "Pushers" actually "push" their drugs on others as much as others "pull"/demand those drugs.

To the involved the consensus around the trade lacks the defining characteristics of the very term "a crime". There are no credible victims, and the "victims" actually try their most to obstruct "justice".

It's a big step up to violent crime or property theft from there.

Then again we might outlaw toothpicks so that no one gravitates towards drugs, no?

Posted by Jesper Kristensen | 20.08.08, 12:52 GMT

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The logic of decriminalising drug use seems clear. But I have a serious question. Drug dealers work at their nasty trade to become rich. They are not there because they believe that drugs are harmless and should be promoted for our well-being.
If we take most of the profit out of drug selling, what awful substitute will replace drugs? Would we see an increase in selling people or maybe in body parts?
Some will dismiss my question as fear mongering. I don't have evidence for the effects of a future theoretical action.
But we need to think through what might be unintended consequences of decriminalising. Of course, what we foresee will be largely determined by our current stand on the drug scene. Those who believe drugs should be decriminalised may say that the dealers would find other better employment. Those who think any drug selling is evil will adduce their own "evidence" too.

Posted by William | 17.08.08, 22:08 GMT

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Nice article. I like this piece the most.

The tragedy of our drugs policy is that it is dictated by tabloid irrationality, and not by evidence.

Reading this reminds me of the Independents about turn in regards to cannabis. So well done for printing this piece I hope the Editor will learn something from it.

Posted by Nik | 16.08.08, 14:25 GMT

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The reality is that for millennia societies and cultures throughout the world have used mind and mood altering drugs.
There is, always has been, and always will be an insatiable appetite for drugs, illegal or otherwise, in the world as long as mankind exists.

This appetite gives rise to a market like any other.
Prohibition of drugs does not destroy this market, it merely pushes it underground, where it cannot be controlled by legitimate authorities. Instead it is controlled violently by criminals who enjoy incomparable profit margins for an unregulated, untested product.

If there is in fact a "war on drugs" it was lost a long time ago and along the way its worst casualties were our family members, friends, and the most indigent in our societies.

I wish to commend Mr. Critchley for an excellent article. A policy of regulation, taxation and harm reduction is the way forward

Posted by P Davey | 16.08.08, 13:07 GMT

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To Prestorian

While I assume that your remarks are intended to be deliberately inflammatory for comic effect (and I agree that stirring it up can be amusing), this argument is all too common in reality as well as in jest:

"People who think that drugs should be legalised are bound to be drug addicts and so you can safely discount any argument other than the 'War on Drugs' approach".

Personally, I'm not a drug addict (although my lack of drug use does not in itself ensure that my spelling is correct!)... I am a person who would like to see public funds spent in way that generates the most positive effect per pound spent. The 'War on Drugs' is counter-effective. Just like the US prohibition on alcohol in the 1930's the policy actively creates and maintains a market that is a vast source of income that criminals can use to bankroll other activities.

Posted by Mike | 16.08.08, 03:31 GMT

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Thank you, Mr. Critchley for this articulate, well-considered article. True to form comments are running 95%+ in agreement. Legalize, regulate, educate.

Thanks too, to the Independent for publishing it. So many folks are responding here because there are very few forums for intelligent discussion of this issue in the mainstream media. It's maddening that in spite of all the logical arguments, this useless, harmful, utterly-failed so called "war on drugs" continues to destroy lives.

It is so sad how afraid we are to make changes, even when the evidence for the need to do so is overwhelming.

Posted by Brinna | 15.08.08, 22:49 GMT

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The commenters who have attacked my view-point (and me personally) are all pretty illiterate - bad grammar and incorrect spelling. Proves my point, n'est-ce-pas? The drugs have rotted their brains!

Posted by Prestonian | 15.08.08, 21:02 GMT

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If David Cameron wins the next election I suggest that he ;
a) Abandons Identity Cards.
b)Legalises drugs, and taxes as tobacco and alchohol.
c) Make all Chief Constables stand for election.

Posted by mike murphy | 15.08.08, 18:32 GMT

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84 Comments