Special to L. Neil Smith's The Libertarian Enterprise

(Written early in the 21st century for a Roger Scruton publication)

The libertarian position on drugs is simply stated. People should have the right to do with themselves as they please. This necessarily includes the right to take any drugs they please—for recreation or for medication. No one else automatically has the right to interfere with such choices, unless they can be shown to involve force or fraud or some attack on the whole community that threatens its dissolution.

Taking drugs in consenting company is not an act of the first kind—it causes no one else the sort of harm against which they can legitimately demand protection. Nor is it an act of the second kind. We are told endlessly that drugs are a danger to social stability—that they lead to crime and degradation and so forth. There is no evidence for this claim.

The British past provides a compelling example. Until 1920, drug use was uncontrolled. Between 1827 and 1859, British opium consumption rose from 17,000lb to 61,000lb. Workmen mixed it in their beer. Gladstone took it in his coffee before speaking. Scott wrote The Bride of Lammermoor under its influence. Dickens and Wilkie Collins were both heavy users. Cannabis and heroin were openly on sale. There was no social collapse. There were few deaths from taking drugs. Most deaths involving opium were individual accidents, and even these were negligible—excluding suicides, 104 in 1868 and thereafter to 1901 an annual average of 95. Hardly anyone even recognised that a problem might exist.

The claim that drugs are bad for a society falls. The opposite is true. Criminalisation is bad. All the ills now blamed on drugs are more truly blamed on the illegality of drugs.

When drugs are illegal, only criminals will supply them. And when criminals are allowed to dominate an entire market, they will be able—indeed required—to form extended, permanent structures of criminality that could never otherwise exist. They will then make drugs both expensive and dirty.

Drugs will be expensive because bribes, transport inefficiencies, rewards of special risk, and so forth, all raise the costs of bringing drugs to market. Therefore much of the begging, prostitution and street crime that inconvenience Western cities.

Drugs will be dirty because illegal markets lack the usual safeguards of quality. When a can of beer is stamped “8 per cent alcohol by volume”, this does not mean anything between 0.5 and 30 per cent. Nor will caustic soda be used to make it fizzy. Brewers have too much to lose by poisoning or defrauding customers. Drug dealers can afford to be less particular.

Therefore frequent overdosing. Therefore poisonous additives. Therefore, the frequent transmission of aids even today by the sharing of dirty needles.

Moving from the costs of the crime resulting from illegality, we come to the costs of enforcement. These also are massive.

In the first place, the Police need to become a virtual Gestapo if they are to try enforcing laws that create no victim willing to complain and help in any investigation. They need powers to stop and search people and to search private homes that would never be necessary to stop things like burglary and murder. They need to get involved in entrapment schemes. They are exposed to offers of bribes frequently too large to be turned away. In one way or another, the War on Drugs leads to the corruption of every enforcement agency sent into battle.

And that War cannot be won. The British Customs and Excise have no land border to worry about. They can track every boat and aeroplane that enters British territory. They have far wider powers of investigation than the regular Police. Even so, they themselves estimate that they stop fewer than three per cent of the drugs smuggled into the United Kingdom every year.

In the second place, we have the war on money laundering. Since it is impossible to stop the import and sale of the drugs, attention has switched in recent years to stopping the profits of the trade from being enjoyed. The idea now is to confiscate these profits and use them for further investigations. However, before the money can be taken, it must be found. This requires surveillance and control over all financial transactions. Because any one of us might be a drug dealer trying to launder dirty money, we must all provide endless documentation when we open bank accounts. We are not allowed to pay in large amounts of cash without facing an inquisition from the bank clerks. Our banking details are open to official inspection virtually on demand.

Just as with drugs, the war on money laundering is also a war on freedom. In this case, it frees the authorities from the requirements of due process. The confiscations of alleged drug money are increasingly made without any pretence of a trial. In America, civil asset forfeiture, has become legalised theft of the plainest kind. In Britain, we are moving towards a similar breach of Common Law rights.

Moreover, the fact that our financial transactions can now be monitored gives the authorities an entirely new power over us. Its means of exercise are not yet in place. But we are moving fast into a world where all our purchases can be stored in a database. We can try to avoid this surveillance by using cash. But there are experiments in both Britain and America to see how anonymous cash can be replaced by cards that leave a record of every transaction.

Therefore, on the grounds both of individual freedom and of social utility, there is no argument whatever for continuing with the present War on Drugs. It is a War that benefits only criminals and a few drug enforcement agencies, and that harms every one of the rest of us, whether or not we take drugs.

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