|
|
Post by Aleksandro Tilka on Oct 14, 2016 15:07:41 GMT
Good morning Class, As I was doing some research on the impact of War on Drugs in our society, I came across some interesting facts that I would like to share with you. The Current Drug Problem. According to a 2013 survey conducted by Substance Abuse and Mental Health Services Administration (SAMHSA) the illicit drug use in the U.S has been increasing due to the more use of marijuana. In 2013, there were 19.8 million marijuana users compare to the 14.5 million in 2007 (see http://www.drugabuse.gov). In contrast, cocaine use has gone down in the last few years. From some 2.4 million cocaine users in 2007 there is a drastic decrease in 2013 where only 1.5 million used it. Scholars believe that drugs “directly or indirectly were responsible for dramatic rise in gun violence and the murder rate in 1980s, gang violence, the soaring prison population, the worsening crisis in race relations, and the steady erosion of individual rights” (Walker, 2011, p. 304). In fact, the Alexander's reading provides us with great details on how such "erosion of individual rights" have affected minorities and disadvantage people. For example, she cites the pretext stops recognized by the Supreme Court as a legit police practice to "seize" and obtain "consent" of people to be searched. How did we get here?Recent evidences suggests that the drug policies implemented by the United States in the last three decades are ineffective and in many cases have produced adverse consequences. Here are some reasons why. I. Public hysteria over drugs and drug-related crime has prevented a sound and sensible discussion on drug policy. Scholars point out that during the “crack epidemic” of the 1980s there was tremendous media coverage on the dangerous effects of the use of drugs. Many studies reported that some 375,000 “crack babies” born to addicted mothers would have their ability to “discuss and reflect” grossly impaired and as a result would be a permanent burden to society (Gieringer, 1990). Such sensational news pushed for a stronger “war on drugs” and tougher sentences policies for drug offensives. Today the of “war on drugs” is II. Overreliance on the Criminal Law to deter and control drug use. The majority of policies and programs designed in the last forty years to reduce and control drugs, rely on the deterrence effects of criminal sanctions to change the behavior of drug users. Imposing harsher penalties, minimum mandatory sentences, massive drug arrests, police crackdowns, and incapacitation appear not to have a significant effect on the reduction of drugs and crimes. There are three main reasons why the deterrence does not work with the drug users. First, the majority of marijuana users (54 percent) are yang men ages 15-18 years, unable to make rational judgments, control their actions, and are more vulnerable to the environment and peers pressure then adults. Second, there is convincing scientific evidence that points out to the effect of drugs on brain. Although, some drug abusers might be afraid of the legal consequences of their actions, they cannot help to stop using drugs. Third, the majority of such drug policies are enforced in disadvantaged neighborhoods inhabited by poor, uneducated people with low steaks in society that have no alternatives or perhaps nothing to lose. But even if we believe that the minors and the drug addict are indeed able to make rational decisions, the deterrence theory still might not seems to work. Walker suggests, “if a large number of people want a product or service, someone will take the risk to supply it” (2011, p. 316). In other words, criminal law enforcement is “inherently weak in the face of a strong public demand for a product or service” The case of prohibition, prostitution, abortion, and gambling illustrate the point. Do you believe that legalizing or decriminalizing marijuana will end the draconian effects of the War on Drugs? References: National Institute on Drug Abuse. Retrieved from: www.drugabuse.gov/Walker. S (2011). Sense and non-sense about crime, drugs, and communities. Wadsworth Cengage Learning. |
|
|
|
Post by Courtney Malloy on Oct 14, 2016 17:46:29 GMT
You make good points here about the use of the Drug War and the effects that it has caused. It is true that our criminal justice system relies on the deterrence effect in order to reduce crime rates; however, the majority of research has shown that the deterrence effect doesn't work for any crimes. In addition to the deterrence effect, you make a good point that the very make-up of drugs makes it hard for individuals to just stop taking them; therefore, being caught for drug use and sent to prison is not enough to stop the urges to use drugs. I do believe that decriminalizing marijuana will reduce some of the effects of the War on Drugs; however, there are many more aspects of the Drug War that need to change before the draconian effects cease to exist.
|
|
|
|
Post by Alex park on Oct 14, 2016 18:01:27 GMT
Many studies have debunked the myth that marijuana is as detrimental as hard drugs. Can legalizing marijuana lessen the war on drugs? I think so. Why not legalize it and tax it like tobacco and alcohol? I believe I read somewhere that the ATF concurs with this. Most Americans or New Yorkers at least do not really care if someone uses marijuana. Many police agencies that are hitting will not care as long as that applicant hasn't been using it for a certain amount of time.
|
|
|
|
Post by Davewin Meade on Oct 14, 2016 18:40:22 GMT
That’s a very good question @ Aleksandro
It is pertinent to note that decriminalization and legalization are frequently used interchangeably, however, to be clear, decriminalization of marijuana is not the same as legalization of marijuana. Decriminalization means that a state repealed or amended its laws to make certain acts criminal, but no longer subject to prosecution. In the marijuana context, this means individuals caught with small amounts of marijuana for personal consumption won’t be prosecuted and won’t subsequently receive a criminal record or a jail sentence. In many states, possession of small amounts of marijuana is treated like a minor traffic violation. States that have decriminalized marijuana include Alaska, California, New York, Minnesota, North Carolina, Oregon, and much of the Northeast. California's decriminalization statute is a good example of how possession of small amounts of marijuana can result in an infraction and fine, but not in criminal consequences:
“Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of an infraction punishable by a fine of not more than one hundred dollars”
Although there are benefits in decriminalizing or legalizing marijuana, there are certain aspects that are just as ineffective as criminalizing the drug. Although Colorado made less than the economist predicted initially, legal weed sold at dispensaries in Colorado had a 28 percent tax rate. Because of the high price, many people are still purchasing weed illegally for the affordability. What decriminalization and legalization both fail to do is dismantle large organized drug-distribution groups. Often times, these laws punish the drug users or individual dealers but don’t go as far as to tackle the root of the problem.
So while they both prevent unnecessarily strict policing and saves a country billions of dollars annually, they are just as ineffective as making weed criminal when it comes to eradicating the source of the drug problem.
|
|
|
|
Post by Aleksandro Tilka on Oct 14, 2016 18:44:38 GMT
Hi Alex, You make a good point that a lot of American people believe that marijuana should be decriminalized. A 2009 survey reveals that support for decriminalization of drugs has grown substantially, from 25 percent of the population in 1980 to 44 percent in 2009 (Walker, 2011, p. 326). Moreover, there is good evidence that the decriminalization of some illicit drugs will not necessarily increase more use of drugs. The international experience, such as the case of Portugal that since 2001 decriminalized the position and use of illicit drugs, suggest for no major increase in drug use and in fact if such efforts are companied with serious investment in treatment and harm reduction services, can significantly improve public health and safety (Domoslawski, 2015). Other studies show that marijuana’s active ingredients seem to have many medical benefits including pain relief, control of nausea and vomiting, and appetite stimulation. The study also rejected the notion that marijuana is a “gateway drug.” Similarly, Morgan and Zimmer, analyzing Center on Addiction and Substance Abuse data, found that 83 percent of reported marijuana users never go on to use cocaine (2006). However, I believe that decriminalization is better then legalizing the use of marijuana because it preserve the discretional powers of police, prosecutors, and judges to intervene if there is sufficient evidence that the marijuana users have a propensity to progress to stronger and illegal drugs. Doing so, I believe, sends a message to the general population that the use of marijuana is not an accepted behavior in our society, and that the government still can enforce the law when and if it sees fit. I hope our conversation is not departing to far from our main theme, but i believe decriminalization can help minority and disadvantaged people from getting arrested and ending up in jails. References: Domoslawski, A. (2015). Drug policy in Portugal: The Benefits of decriminalizing drug use, trans. Law & Social Inquiry National Institute on Drug Abuse. Retrieved from: www.drugabuse.gov/Walker. S (2011). Sense and non-sense about crime, drugs, and communities. Wadsworth Cengage Learning. |
|
|
|
Post by Esther Oh on Oct 14, 2016 20:28:37 GMT
The question posed is, "Do you believe that legalizing or decriminalizing marijuana will end the draconian effects of the War on Drugs?"
I think that all drugs should be decriminalized but not suddenly. In my previous undergrad drug policy course, legislature, time and time again have been used as a means to employ social control over a marginalized group. It has happened with Chinese immigrants and their opioids; Mexicans and their marijuana; African Americans with their crack. Each time, people of power fed off the societal fear and opinions which shift from conservative draconian beliefs to liberal rehabilitative beliefs. It may sound crazy at first; to allow all drugs to be legalized, however, America is already behind. We're still grasping onto the years of investment on carceral systems; and racially protected social, economic, and political safeties. But look at Colorado who has legalized marijuana and now have regulation and substancial revenue being generated. And Portugal, as Michelle Alexander described, who invested in education and rehabilitation; resulting in the plummeting of drug related crimes. Couple years ago, most of us at one point probably had our imaginative and fearful perception of marijuana; however upon further development we now know there are medical and therapeutic affects. Innovation and progress can only happen when we are willing to take a chance and overcome our fears. All drugs have their benefits and harms; but did you know more people die from alcohol use than any other drug use?
Decriminalization of all drugs not only regulates the black market, but also can be the first step in decarceration and the end to disparate justice.
|
|
|
|
Post by Leah DeMartini on Oct 14, 2016 21:21:45 GMT
I believe the second part of Alexandra's question "Over reliance on the criminal law to deter and control drug use" is particularly important. As she points out, increased jail times, minimum mandatory sentences etc. all pose further consequences for drug violations but do not get to the root of the problem. Imprisoning an individual might prevent him/ her from buying, selling and consuming drugs, but does not cure the problem of addiction or ensure different behavior post- jail. Instead, government resources should be spent on rehabilitation programs and agencies that are specialized in dealing with addiction. Alexander clearly agrees with this opinion as she points to the financial redistribution at the beginning of the war on drugs as one of the many signs that drugs were not the actual focus (p. 49-50).
|
|
|
|
Post by Shannice brown on Oct 14, 2016 21:24:19 GMT
I do believe that legalizing or decriminalizing marijuana will end the draconian effects of the War on Drugs .
When and why marijuana became applicable to the War on Drugs, I'm not sure, but I know that marijuana usage is not nearly detrimental as meth, heroin, or crack cocaine, which usage created hysteria leading to the War on Drugs in the 1980s. Marijuana is being used today for rehabilitative purposes medically such as pain, nausea, asthma, glaucoma and serious disease such as Crohns disease, to people who are deemed eligible and can afford it. According to historical and modern case reports cannabis is a good remedy to combat withdrawal in dependency on benzodiazepines, opiates and alcohol. For this reason, some have referred to it as a gateway drug back. What about the people who are suffering from similar symptoms but cannot afford the medically prescribed versions BUT can afford it from their next door neighbor whose product is just as good ? Im not saying lets all get high and roll weed cause marijuana has negative effects as well , I'm just saying that if you want to criminalize drugs, criminalize drugs that do more harm then good. Criminalize the meth, the crack, and the heroin that lets users form addicting habits that lead them to use violence in order to get funds to keep feeding their addiction.
|
|
|
|
Post by Aleksandro Tilka on Oct 14, 2016 23:25:09 GMT
Leah,
I agree with your comment that "government resources should be spent on rehabilitation programs and agencies that are specialized in dealing with addiction". Yes, our government needs to shift funding from militarizing police departments and incarcerating Americans towards education, prevention, and treatments of the drug problem. We nee to reorient our drug policies to consider the drug addiction as a public health issue. There is scientific evidence that drug addiction is a brain disease. Although initial drug use might be voluntary, drugs of abuse have been shown to alter gene expression and brain circuitry, which in turn affect human behavior (see National Institute of Drug Abuse). Once addiction develops, these brain changes interfere with an individual’s ability to make voluntary decisions, leading to compulsive drug craving, seeking and usage.
One specific area to intervene is to create more Specialized Drug Courts. Although there is not enough evidence that the interventions of drug courts can significantly reduce drug usage, it appears that “well-planned and properly managed programs are effective in reducing drug use and criminal behavior” (Walker, 2011, p.325). The diversion presented by drug courts: suspending prosecution or imprisonment pending successful completion of a drug treatment program, can benefit both the first time drug users and save cost of incarcerations.
|
|
|
|
Post by annessalall on Oct 15, 2016 3:43:24 GMT
Many studies have debunked the myth that marijuana is as detrimental as hard drugs. Can legalizing marijuana lessen the war on drugs? I think so. Why not legalize it and tax it like tobacco and alcohol? I believe I read somewhere that the ATF concurs with this. Most Americans or New Yorkers at least do not really care if someone uses marijuana. Many police agencies that are hitting will not care as long as that applicant hasn't been using it for a certain amount of time. Hello Alex, I completely agree with your point, Marijuana has become one of the most commonly used drugs in America. It also proves to be less lethal than tobacco and alcohol. If the usage is so high, why not make it legal all around. Many states have recently legalized the drug, but it still remains as a federal offense. Legalizing marijuana will not only bring in increased revenues, but drop incarceration levels as well. Most drug offenses are non-violent and for possession of marijuana. |
|
|
|
Post by Tylor Beck on Oct 15, 2016 3:53:27 GMT
In response to basically everyone,
I personally have seen the detrimental effects that drugs can have on someone however, I think drug use is a social problem, not a criminal justice problem. Our courts are constantly over run with drug cases and our prisons are overcrowded with non violent drug offenders. If we legalized drugs we would obviously have a lot less arrests and convictions and we could potentially get serious Drug users some help, because they won't have to hide their addictions. They can be more open and honest with their problems and tendencies and won't have to feel like a criminal just because they are an addict. Addiction is a disease and it shouldn't be a crime.
We could stop the war on drugs by implementing laws about who to arrest and prosecute. Individuals who are just smoking pot should not have their lives ruined because of it. We could open up more treatment programs with the tax payer money that wouldn't have to be spent on continuous drug prosecutions.
|
|
