![DEA-Agents](https://upload.wikimedia.org/wikipedia/commons/a/a1/DEA-Agents.jpeg)
The prohibition of drugs through
sumptuary legislation or
religious law
Religious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas othe ...
is a common means of attempting to prevent the
recreational use
Recreational drug use indicates the use of one or more psychoactive drugs to induce an altered state of consciousness either for pleasure or for some other casual purpose or pastime by modifying the perceptions and emotions of the user. When a ...
of certain intoxicating substances.
While some drugs are illegal to possess, many governments regulate the manufacture, distribution, marketing, sale, and use of certain drugs, for instance through a
prescription system. For example,
amphetamine
Amphetamine (contracted from alpha- methylphenethylamine) is a strong central nervous system (CNS) stimulant that is used in the treatment of attention deficit hyperactivity disorder (ADHD), narcolepsy, and obesity. It is also commonly used ...
s may be legal to possess if a doctor has prescribed them; otherwise, possession or sale of the drug is typically a criminal offense. Only certain drugs are banned with a "blanket prohibition" against all possession or use (e.g.,
LSD
Lysergic acid diethylamide (LSD), also known colloquially as acid, is a potent psychedelic drug. Effects typically include intensified thoughts, emotions, and sensory perception. At sufficiently high dosages LSD manifests primarily mental, vi ...
). The most widely banned substances include
psychoactive drug
A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior.
...
s, although blanket prohibition also extends to some
steroid
A steroid is a biologically active organic compound with four rings arranged in a specific molecular configuration. Steroids have two principal biological functions: as important components of cell membranes that alter membrane fluidity; and ...
s and other drugs. Many governments do not criminalize the possession of a limited quantity of certain drugs for personal use, while still prohibiting their sale or manufacture, or possession in large quantities. Some laws (or judicial practice) set a specific volume of a particular drug, above which is considered ''
ipso jure
''Ipso jure'' is a Latin phrase, directly translated as "by the law itself". It is used as an adverb.[ipso jure] '' to be evidence of trafficking or sale of the drug.
Some Islamic countries prohibit the use of
alcohol
Alcohol most commonly refers to:
* Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom
* Alcohol (drug), an intoxicant found in alcoholic drinks
Alcohol may also refer to:
Chemicals
* Ethanol, one of sev ...
(see
list of countries with alcohol prohibition
The following countries have or had comprehensive prohibitions against alcohol. Particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoh ...
). Many governments levy a
sin tax
A sin tax is an excise tax specifically levied on certain goods deemed harmful to society and individuals, such as alcohol, tobacco, drugs, candies, soft drinks, fast foods, coffee, sugar, gambling, and pornography. In contrast to Pigovian ta ...
on alcohol and
tobacco
Tobacco is the common name of several plants in the genus '' Nicotiana'' of the family Solanaceae, and the general term for any product prepared from the cured leaves of these plants. More than 70 species of tobacco are known, but the ...
products, and restrict alcohol and tobacco from being sold or gifted to a
minor. Other common restrictions include bans on
outdoor drinking and
indoor smoking. In the early 20th century, many countries had
alcohol prohibition. These include the
United States (1920–1933),
Finland (1919–1932),
Norway (1916–1927),
Canada (1901–1948),
Iceland (1915–1922) and the
Russian Empire/USSR (1914–1925). In fact, the first
international treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
to control a
psychoactive substance
A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior.
Th ...
adopted in
1890
Events
January–March
* January 1
** The Kingdom of Italy establishes Eritrea as its colony, in the Horn of Africa.
** In Michigan, the wooden steamer ''Mackinaw'' burns in a fire on the Black River.
* January 2
** The steamship '' ...
actually concerned
alcoholic beverages
An alcoholic beverage (also called an alcoholic drink, adult beverage, or a drink) is a drink that contains ethanol, a type of alcohol that acts as a drug and is produced by fermentation of grains, fruits, or other sources of sugar. The cons ...
(
Brussels Conference). The
first treaty on opium only arrived two decades later, in 1912.
Definitions
''Drugs'', in the context of ''prohibition,'' are any of a number of
psychoactive substances
A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior.
Th ...
whose use a government or religious body seeks to control. What constitutes a ''drug'' varies by century and belief system. What is a
psychoactive substance
A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior.
Th ...
is relatively well known to modern science.
Examples include a range from
caffeine
Caffeine is a central nervous system (CNS) stimulant of the methylxanthine chemical classification, class. It is mainly recreational drug use, used recreationally as a Nootropic, cognitive enhancer, increasing alertness and attentional perfor ...
found in coffee, tea, and chocolate,
nicotine
Nicotine is a naturally produced alkaloid in the nightshade family of plants (most predominantly in tobacco and '' Duboisia hopwoodii'') and is widely used recreationally as a stimulant and anxiolytic. As a pharmaceutical drug, it is use ...
in tobacco products; botanical extracts morphine and heroin, and synthetic compounds
MDMA
3,4-Methylenedioxymethamphetamine (MDMA), commonly seen in tablet form (ecstasy) and crystal form (molly or mandy), is a potent empathogen–entactogen with stimulant properties primarily used for recreational purposes. The desire ...
and
fentanyl
Fentanyl, also spelled fentanil, is a very potent synthetic opioid used as a pain medication. Together with other drugs, fentanyl is used for anesthesia. It is also used illicitly as a recreational drug, sometimes mixed with heroin, cocain ...
. Almost without exception, these substances also have a medical use, in which case they are called
pharmaceutical drug
A medication (also called medicament, medicine, pharmaceutical drug, medicinal drug or simply drug) is a drug used to diagnose, cure, treat, or prevent disease. Drug therapy ( pharmacotherapy) is an important part of the medical field and ...
s or just ''pharmaceuticals.'' The use of
medicine
Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care pr ...
to save or extend life or to alleviate suffering is uncontroversial in most cultures. ''Prohibition'' applies to certain conditions of possession or use. ''Recreational use'' refers to the use of substances primarily for their psychoactive effect outside of a
clinical situation or doctor's care.
In the twenty-first century, caffeine has pharmaceutical uses.
Caffeine
Caffeine is a central nervous system (CNS) stimulant of the methylxanthine chemical classification, class. It is mainly recreational drug use, used recreationally as a Nootropic, cognitive enhancer, increasing alertness and attentional perfor ...
is used to treat
bronchopulmonary dysplasia
Bronchopulmonary dysplasia (BPD; part of the spectrum of chronic lung disease of infancy) is a chronic lung disease in which premature infants, usually those who were treated with supplemental oxygen, require long-term oxygen. The alveoli that are ...
. In most cultures, caffeine in the form of coffee or tea is unregulated. Over 2.25 billion cups of coffee are consumed in the world every day.
Some religions, including
the Church of Jesus Christ of Latter-day Saints
The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a Nontrinitarianism, nontrinitarian Christianity, Christian church that considers itself to be the Restorationism, restoration of the ...
, prohibit coffee.
They believe that it is both physically and spiritually unhealthy to consume coffee.
A government's interest to control a drug may be based on its negative effects on its users, or it may simply have a revenue interest. The
British parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
prohibited the possession of untaxed tea with the imposition of the
Tea Act of 1773
The Tea Act 1773 (13 Geo 3 c 44) was an Act of the Parliament of Great Britain. The principal objective was to reduce the massive amount of tea held by the financially troubled British East India Company in its London warehouses and to help ...
. In this case, as in many others, it is not a substance that is prohibited, but the conditions under which it is possessed or consumed. Those conditions include matters of intent, which makes the enforcement of laws difficult. In Colorado possession of "blenders, bowls, containers, spoons, and mixing devices" is illegal if there was ''intent'' to use them with drugs.
Many drugs, beyond their pharmaceutical and recreational uses, have industrial uses.
Nitrous oxide
Nitrous oxide (dinitrogen oxide or dinitrogen monoxide), commonly known as laughing gas, nitrous, or nos, is a chemical compound, an oxide of nitrogen with the formula . At room temperature, it is a colourless non-flammable gas, and ha ...
, or ''laughing gas'' is a dental anesthetic, also used to prepare whipped cream, fuel rocket engines, and enhance the performance of race cars.
History
The cultivation, use, and trade of
psychoactive
A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior.
Th ...
and other
drug
A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via inhala ...
s has occurred since ancient times. Concurrently, authorities have often restricted drug possession and trade for a variety of political and religious reasons. In the 20th century, the United States led a major renewed surge in drug prohibition called the "
War on Drugs
The war on drugs is a global campaign, led by the United States federal government, of drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the United States.Cockburn and St. Clair, 1 ...
".
Early drug laws
![Huichol-Fadenbild](https://upload.wikimedia.org/wikipedia/commons/3/3b/Huichol-Fadenbild.jpg)
The prohibition on
alcohol
Alcohol most commonly refers to:
* Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom
* Alcohol (drug), an intoxicant found in alcoholic drinks
Alcohol may also refer to:
Chemicals
* Ethanol, one of sev ...
under Islamic ''
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
'' law, which is usually attributed to passages in the ''
Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , si ...
'', dates back to the seventh century. Although Islamic law is often interpreted as prohibiting all
intoxicant
A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior.
Th ...
s (not only alcohol), the ancient practice of
hashish smoking has continued throughout the
history of Islam
The history of Islam concerns the political, social, economic, military, and cultural developments of the Islamic civilization. Most historians believe that Islam originated in Mecca and Medina at the start of the 7th century CE. Muslims r ...
, against varying degrees of resistance. A major campaign against hashish-eating
Sufi
Sufism ( ar, ''aṣ-ṣūfiyya''), also known as Tasawwuf ( ''at-taṣawwuf''), is a mystic body of religious practice, found mainly within Sunni Islam but also within Shia Islam, which is characterized by a focus on Islamic spirituality, ...
s were conducted in
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
in the 11th and 12th centuries resulting among other things in the burning of fields of
cannabis
''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: ''Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternatively ...
.
Though the prohibition of
illegal drugs
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.
While some drugs are illegal to possess, many governments regulate the ...
was established under Sharia law, particularly against the use of hashish as a
recreational drug
Recreational drug use indicates the use of one or more psychoactive drugs to induce an altered state of consciousness either for pleasure or for some other casual purpose or pastime by modifying the perceptions and emotions of the user. When a ...
, classical
jurists
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
of medieval
Islamic jurisprudence
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh.
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and e ...
accepted the use of hashish for
medicinal and therapeutic purposes, and agreed that its "medical use, even if it leads to
mental derangement, should remain exempt
rom punishment. In the 14th century, the Islamic scholar Az-Zarkashi spoke of "the permissibility of its use for medical purposes if it is established that it is beneficial".
![William John Huggins - The opium ships at Lintin, China, 1824](https://upload.wikimedia.org/wikipedia/commons/d/d4/William_John_Huggins_-_The_opium_ships_at_Lintin%2C_China%2C_1824.jpg)
In the
Ottoman Empire
The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
,
Murad IV
Murad IV ( ota, مراد رابع, ''Murād-ı Rābiʿ''; tr, IV. Murad, was the Sultan of the Ottoman Empire from 1623 to 1640, known both for restoring the authority of the state and for the brutality of his methods. Murad IV was born in Cons ...
attempted to prohibit
coffee
Coffee is a drink prepared from roasted coffee beans. Darkly colored, bitter, and slightly acidic, coffee has a stimulant, stimulating effect on humans, primarily due to its caffeine content. It is the most popular hot drink in the world.
S ...
drinking to Muslims as ''
haraam
''Haram'' (; ar, حَرَام, , ) is an Arabic term meaning 'Forbidden'. This may refer to either something sacred to which access is not allowed to the people who are not in a state of purity or who are not initiated into the sacred knowle ...
'', arguing that it was an
intoxicant
A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior.
Th ...
, but this ruling was overturned soon after his death in 1640. The introduction of coffee in Europe from Muslim Turkey prompted calls for it to be banned as the devil's work, although
Pope Clement VIII
Pope Clement VIII ( la, Clemens VIII; it, Clemente VIII; 24 February 1536 – 3 March 1605), born Ippolito Aldobrandini, was head of the Catholic Church and ruler of the Papal States from 2 February 1592 to his death in March 1605.
Born ...
sanctioned its use in 1600, declaring that it was "so delicious that it would be a pity to let the infidels have exclusive use of it".
Bach
Johann Sebastian Bach (28 July 1750) was a German composer and musician of the late Baroque period. He is known for his orchestral music such as the '' Brandenburg Concertos''; instrumental compositions such as the Cello Suites; keyboard w ...
's
Coffee Cantata
' (Be still, stop chattering), BWV 211, also known as the ''Coffee Cantata'', is a secular cantata by Johann Sebastian Bach. He composed it probably between 1732 and 1735. Although classified as a cantata, it is essentially a miniature comic ...
, from the 1730s, presents a vigorous debate between a girl and her father over her desire to consume coffee. The early association between
coffeehouse
A coffeehouse, coffee shop, or café is an establishment that primarily serves coffee of various types, notably espresso, latte, and cappuccino. Some coffeehouses may serve cold drinks, such as iced coffee and iced tea, as well as other non-ca ...
s and seditious political activities in England led to the banning of such establishments in the mid-17th century.
A number of Asian rulers had similarly enacted early prohibitions, many of which were later forcefully overturned by Western colonial powers during the 18th and 19th centuries. In 1360, for example, King
Ramathibodi I
King U-thongThe Royal Institute. List of monarchs Ayutthaya''. ( th, พระเจ้าอู่ทอง) or King Ramathibodi I ( th, สมเด็จพระรามาธิบดีที่ ๑ ; 1314–1369) was the first king of ...
, of
Ayutthaya Kingdom
The Ayutthaya Kingdom (; th, อยุธยา, , IAST: or , ) was a Siamese kingdom that existed in Southeast Asia from 1351 to 1767, centered around the city of Ayutthaya, in Siam, or present-day Thailand. The Ayutthaya Kingdom is conside ...
(now
Thailand
Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
), prohibited opium consumption and trade. The prohibition lasted nearly 500 years until 1851 when King
Rama IV
Mongkut ( th, มงกุฏ; 18 October 18041 October 1868) was the fourth monarch of Siam (Thailand) under the House of Chakri, titled Rama IV. He ruled from 1851 to 1868. His full title in Thai was ''Phra Bat Somdet Phra Menthora Ramathibo ...
allowed Chinese migrants to consume opium. The Konbaung Dynasty prohibited all
intoxicant
A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior.
Th ...
s and
stimulant
Stimulants (also often referred to as psychostimulants or colloquially as uppers) is an overarching term that covers many drugs including those that increase activity of the central nervous system and the body, drugs that are pleasurable and inv ...
s during the reign of King Bodawpaya (1781–1819). After Burma became a
British colony
The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former Bri ...
, the restrictions on opium were abolished and the colonial government established monopolies selling Indian-produced opium.
In late
Qing China
The Qing dynasty ( ), officially the Great Qing,, was a Manchu people, Manchu-led Dynasties in Chinese history, imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin (1616–1636), La ...
,
opium
Opium (or poppy tears, scientific name: ''Lachryma papaveris'') is dried latex obtained from the seed capsules of the opium poppy ''Papaver somniferum''. Approximately 12 percent of opium is made up of the analgesic alkaloid morphine, which i ...
imported by foreign traders, such as those employed by
Jardine Matheson
Jardine Matheson Holdings Limited (also known as Jardines) is a Hong Kong-based Bermuda-domiciled British multinational conglomerate. It has a primary listing on the London Stock Exchange and secondary listings on the Singapore Exchange and ...
and the
East India Company
The East India Company (EIC) was an English, and later British, joint-stock company founded in 1600 and dissolved in 1874. It was formed to trade in the Indian Ocean region, initially with the East Indies (the Indian subcontinent and Southea ...
, was consumed by all social classes in
Southern China
South China () is a geographical and cultural region that covers the southernmost part of China. Its precise meaning varies with context. A notable feature of South China in comparison to the rest of China is that most of its citizens are not n ...
. Between 1821 and 1837, imports of the drug increased fivefold. The wealth drain and widespread social problems that resulted from this consumption prompted the Chinese government to attempt to end the trade. This effort was initially successful, with
Lin Zexu
Lin Zexu (30 August 1785 – 22 November 1850), courtesy name Yuanfu, was a Chinese political philosopher and politician. He was the head of states (Viceroy), Governor General, scholar-official, and under the Daoguang Emperor of the Qing dynast ...
ordering the
destruction of opium at Humen
The destruction of opium at Humen began on 3June 1839 and involved the destruction of 1,000 long tons (1,016 t) of illegal opium seized from British traders under the aegis of Lin Zexu, an Imperial Commissioner of Qing China. Conducted on ...
in June 1839. However, the opium traders lobbied the British government to declare war on China, resulting in the
First Opium War
The First Opium War (), also known as the Opium War or the Anglo-Sino War was a series of military engagements fought between Britain and the Qing dynasty of China between 1839 and 1842. The immediate issue was the Chinese enforcement of the ...
. The Qing government was defeated and the war ended with the
Treaty of Nanking
The Treaty of Nanjing was the peace treaty which ended the First Opium War (1839–1842) between Great Britain and the Qing dynasty of China on 29 August 1842. It was the first of what the Chinese later termed the Unequal Treaties.
In the ...
, which legalized opium trading in Chinese law.
First modern drug regulations
![Illustration Papaver somniferum0](https://upload.wikimedia.org/wikipedia/commons/1/18/Illustration_Papaver_somniferum0.jpg)
The first modern law in Europe for the regulating of drugs was the
Pharmacy Act 1868
The Pharmacy Act 1868 (31 & 32 Vict c 121) was an Act of the Parliament of the United Kingdom. It was the major 19th-century legislation in the United Kingdom limiting the sale of poisons and dangerous drugs to qualified pharmacists and druggis ...
in the United Kingdom. There had been previous moves to establish the medical and pharmaceutical professions as separate, self-regulating bodies, but the
General Medical Council
The General Medical Council (GMC) is a public body that maintains the official register of medical practitioners within the United Kingdom. Its chief responsibility is to "protect, promote and maintain the health and safety of the public" by c ...
, established in 1863, unsuccessfully attempted to assert control over drug distribution. The Act set controls on the distribution of poisons and drugs. Poisons could only be sold if the purchaser was known to the seller or to an intermediary known to both, and drugs, including
opium
Opium (or poppy tears, scientific name: ''Lachryma papaveris'') is dried latex obtained from the seed capsules of the opium poppy ''Papaver somniferum''. Approximately 12 percent of opium is made up of the analgesic alkaloid morphine, which i ...
and all preparations of opium or of
poppies Poppies can refer to:
*Poppy, a flowering plant
*The Poppies (disambiguation) - multiple uses
*''Poppies (film)'' - Children's BBC remembrance animation
*"Poppies", a song by Patti Smith Group from their 1976 album ''Radio Ethiopia''
*"Poppies", th ...
, had to be sold in containers with the seller's name and address.
Despite the reservation of opium to professional control, general sales did continue to a limited extent, with mixtures with less than 1 percent opium being unregulated.
After the legislation passed, the death rate caused by opium immediately fell from 6.4 per million population in 1868 to 4.5 in 1869. Deaths among children under five dropped from 20.5 per million population between 1863 and 1867 to 12.7 per million in 1871 and further declined to between 6 and 7 per million in the 1880s.
In the United States, the first drug law was passed in
San Francisco
San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
in 1875, banning the smoking of opium in
opium den
An opium den was an establishment in which opium was sold and smoked. Opium dens were prevalent in many parts of the world in the 19th century, most notably China, Southeast Asia, North America, and France. Throughout the West, opium dens were fr ...
s. The reason cited was "many women and young girls, as well as young men of a respectable family, were being induced to visit the Chinese opium-smoking dens, where they were ruined morally and otherwise." This was followed by other laws throughout the country, and federal laws that barred Chinese people from trafficking in opium. Though the laws affected the use and distribution of opium by Chinese immigrants, no action was taken against the producers of such products as
laudanum
Laudanum is a tincture of opium containing approximately 10% powdered opium by weight (the equivalent of 1% morphine). Laudanum is prepared by dissolving extracts from the opium poppy (''Papaver somniferum Linnaeus'') in alcohol (ethanol).
Red ...
, a
tincture
A tincture is typically an extract of plant or animal material dissolved in ethanol (ethyl alcohol). Solvent concentrations of 25–60% are common, but may run as high as 90%.Groot Handboek Geneeskrachtige Planten by Geert Verhelst In chemistr ...
of opium and alcohol, commonly taken as a
panacea
In Greek mythology, Panacea (Greek ''Πανάκεια'', Panakeia), a goddess of universal remedy, was the daughter of Asclepius and Epione. Panacea and her four sisters each performed a facet of Apollo's art:
* Panacea (the goddess of universal ...
by white Americans. The distinction between its use by white Americans and Chinese immigrants was thus a form of
racial discrimination
Racial discrimination is any discrimination against any individual on the basis of their skin color, race or ethnic origin.Individuals can discriminate by refusing to do business with, socialize with, or share resources with people of a certain g ...
as it was based on the form in which it was ingested: Chinese immigrants tended to smoke it, while it was often included in various kinds of generally liquid medicines often (but not exclusively) used by Americans of European descent. The laws targeted opium smoking, but not other methods of ingestion.
Britain passed the All-India Opium Act of 1878, which limited recreational opium sales to registered Indian opium-eaters and Chinese opium-smokers and prohibiting its sale to emigrant workers from British Burma.
Following the passage of a regional law in 1895, Australia's
1897 Aboriginals Protection and Restriction of the Sale of Opium Act addressed opium addiction among
Aborigines, though it soon became a general vehicle for depriving them of basic rights by administrative regulation. Opium sale was prohibited to the general population in 1905, and smoking and possession were prohibited in 1908.
Despite these laws, the late 19th century saw an increase in opiate consumption. This was due to the prescribing and dispensing of legal opiates by physicians and pharmacists to relieve
menstruation
Menstruation (also known as a period, among other colloquial terms) is the regular discharge of blood and mucosal tissue from the inner lining of the uterus through the vagina. The menstrual cycle is characterized by the rise and fall of hor ...
pain. It is estimated that between 150,000 and 200,000 opiate addicts lived in the United States at the time, and a majority of these addicts were women.
Changing attitudes and the drug prohibition campaign
![Brassey1](https://upload.wikimedia.org/wikipedia/commons/b/bc/Brassey1.JPG)
Foreign traders, including those employed by
Jardine Matheson
Jardine Matheson Holdings Limited (also known as Jardines) is a Hong Kong-based Bermuda-domiciled British multinational conglomerate. It has a primary listing on the London Stock Exchange and secondary listings on the Singapore Exchange and ...
and the
East India Company
The East India Company (EIC) was an English, and later British, joint-stock company founded in 1600 and dissolved in 1874. It was formed to trade in the Indian Ocean region, initially with the East Indies (the Indian subcontinent and Southea ...
, smuggled opium into China in order to balance high trade deficits. Chinese attempts to outlaw the trade led to the
First Opium War
The First Opium War (), also known as the Opium War or the Anglo-Sino War was a series of military engagements fought between Britain and the Qing dynasty of China between 1839 and 1842. The immediate issue was the Chinese enforcement of the ...
and the subsequent legalization of the trade at the
Treaty of Nanking
The Treaty of Nanjing was the peace treaty which ended the First Opium War (1839–1842) between Great Britain and the Qing dynasty of China on 29 August 1842. It was the first of what the Chinese later termed the Unequal Treaties.
In the ...
. Attitudes towards the opium trade were initially ambivalent, but in 1874 the
Society for the Suppression of the Opium Trade
The Anglo-Oriental Society for the Suppression of the Opium Trade, generally known by the somewhat shorter name of Society for the Suppression of the Opium Trade (SSOT), was a British lobbying group in the late nineteenth and early twentieth cent ...
was formed in England by
Quaker
Quakers are people who belong to a historically Protestant Christian set of Christian denomination, denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belie ...
s led by the
Rev. Frederick Storrs-Turner. By the 1890s, increasingly strident campaigns were waged by
Protestant
Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
missionaries
A missionary is a member of a religious group which is sent into an area in order to promote its faith or provide services to people, such as education, literacy, social justice, health care, and economic development.Thomas Hale 'On Being a Mi ...
in China for its abolition. The first such society was established at the 1890 Shanghai Missionary Conference, where British and American representatives, including
John Glasgow Kerr
John Glasgow Kerr (1824–1901) was an American medical missionary and philanthropist who helped establish the Canton Hospital, also known as the Ophthalmic Hospital, in Canton, China.
Kerr was born in Dunkinsville, Ohio and graduated from ...
,
Arthur E. Moule,
Arthur Gostick Shorrock
Arthur Gostick Shorrock (1861–1945) was a Baptist missionary who worked in China for 40 years. Arthur was born in 1861 in Blackburn, Lancashire, England. He entered Spurgeon's College and as a student preacher took services at the Baptist Ch ...
and
Griffith John
Griffith John ( zh, t=楊格非, p=Yáng Géfēi; 14 December 1831 – 25 July 1912) was a Welsh Christian missionary and translator in China. A member of the Congregational church, he was a pioneer evangelist with the London Missionary Society ...
, agreed to establish the Permanent Committee for the Promotion of Anti-Opium Societies.
Due to increasing pressure in the
British parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...
, the
Liberal
Liberal or liberalism may refer to:
Politics
* a supporter of liberalism
** Liberalism by country
* an adherent of a Liberal Party
* Liberalism (international relations)
* Sexually liberal feminism
* Social liberalism
Arts, entertainment and m ...
government under
William Ewart Gladstone
William Ewart Gladstone ( ; 29 December 1809 – 19 May 1898) was a British statesman and Liberal politician. In a career lasting over 60 years, he served for 12 years as Prime Minister of the United Kingdom, spread over four non-conse ...
approved the appointment of a
Royal Commission on Opium to India in 1893. The commission was tasked with ascertaining the impact of Indian opium exports to the
Far East
The ''Far East'' was a European term to refer to the geographical regions that includes East and Southeast Asia as well as the Russian Far East to a lesser extent. South Asia is sometimes also included for economic and cultural reasons.
The ter ...
, and to advise whether the trade should be banned and opium consumption itself banned in India. After an extended inquiry the Royal Commission rejected the claims made by the anti-opium campaigners in regard to the supposed societal harm caused by the trade and the issue was finalized for another 15 years.
The missionary organizations were outraged over the
Royal Commission on Opium
The Royal Commission on Opium was a British Royal Commission that investigated the opium trade in British India in 1893–1895, particularly focusing on the medical impacts of opium consumption within India. Set up by Prime Minister William G ...
's conclusions and set up the Anti-Opium League in China; the league gathered data from every Western-trained medical doctor in China and published ''Opinions of Over 100 Physicians on the Use of Opium in China''. This was the first anti-drug campaign to be based on scientific principles, and it had a tremendous impact on the state of educated opinion in the West. In England, the home director of the
China Inland Mission
OMF International (formerly Overseas Missionary Fellowship and before 1964 the China Inland Mission) is an international and interdenominational Evangelical Christian missionary society with an international centre in Singapore. It was founded i ...
,
Benjamin Broomhall
Benjamin Broomhall (15 August 1829 – 29 May 1911) was a British advocate of foreign missions, administrator of the China Inland Mission, and author. Broomhall served as the General Secretary of the China Inland Mission (CIM), (from 1878 to 1895 ...
, was an active opponent of the opium trade, writing two books to promote the banning of opium smoking: ''The Truth about Opium Smoking'' and ''The Chinese Opium Smoker''. In 1888, Broomhall formed and became secretary of the Christian Union for the Severance of the British Empire with the Opium Traffic and editor of its periodical, ''National Righteousness''. He lobbied the British parliament to ban the opium trade. Broomhall and
James Laidlaw Maxwell
James Laidlaw Maxwell Senior (Pe̍h-ōe-jī: ''Má Ngá-kok''; ; born 18 March 1836 in Scotland – March 1921) was the first Presbyterian missionary to Formosa ( Qing-era Taiwan). He served with the English Presbyterian Mission.
Maxwell ...
appealed to the London Missionary Conference of 1888 and the Edinburgh Missionary Conference of 1910 to condemn the continuation of the trade. As Broomhall lay dying, an article from ''
The Times
''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
'' was read to him with the welcome news that an international agreement had been signed ensuring the end of the opium trade within two years.
![Raid](https://upload.wikimedia.org/wikipedia/commons/0/0a/Raid.jpeg)
In 1906, a motion to 'declare the opium trade "morally indefensible" and remove Government support for it', initially unsuccessfully proposed by
Arthur Pease in 1891, was put before the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
. This time the motion passed. The Qing government banned opium soon afterward.
These changing attitudes led to the founding of the
International Opium Commission
The International Opium Commission was a meeting convened on February 1 to February 26, 1909 in Shanghai that represented one of the first steps toward international drug prohibition. Dr. Hamilton Wright and Episcopal Bishop Charles Henry Brent h ...
in 1909. An
International Opium Convention
The expression International Opium Convention refers either to the first International Opium Convention signed at The Hague in 1912, or to the second International Opium Convention signed at Geneva in 1925.
First International Opium Convention ...
was signed by 13 nations at
The Hague
The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital of ...
on January 23, 1912, during the First International Opium Conference. This was the first international
drug control treaty and it was registered in the ''League of Nations Treaty Series'' on January 23, 1922. The Convention provided that "The contracting Powers shall use their best endeavors to control or to cause to be controlled, all person manufacturing, importing, selling, distributing, and exporting morphine, cocaine, and their respective salts, as well as the buildings in which these persons carry such an industry or trade."
The treaty became international law in 1919 when it was incorporated into the
Treaty of Versailles
The Treaty of Versailles (french: Traité de Versailles; german: Versailler Vertrag, ) was the most important of the peace treaties of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June ...
. The role of the commission was passed to the
League of Nations
The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ...
, and all signatory nations agreed to prohibit the import, sale, distribution, export, and use of all
narcotic
The term narcotic (, from ancient Greek ναρκῶ ''narkō'', "to make numb") originally referred medically to any psychoactive compound with numbing or paralyzing properties. In the United States, it has since become associated with opiates ...
drugs, except for medical and scientific purposes.
Prohibition
In the UK the
Defence of the Realm Act 1914
The Defence of the Realm Act (DORA) was passed in the United Kingdom on 8 August 1914, four days after it entered the First World War and was added to as the war progressed. It gave the government wide-ranging powers during the war, such as the p ...
, passed at the onset of the
First World War
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, gave the government wide-ranging powers to requisition the property and to criminalize specific activities. A
moral panic
A moral panic is a widespread feeling of fear, often an irrational one, that some evil person or thing threatens the values, interests, or well-being of a community or society. It is "the process of arousing social concern over an issue", usua ...
was whipped up by the press in 1916 over the alleged sale of drugs to the troops of the
British Indian Army
The British Indian Army, commonly referred to as the Indian Army, was the main military of the British Raj before its dissolution in 1947. It was responsible for the defence of the British Indian Empire, including the princely states, which co ...
. With the temporary powers of DORA, the
Army Council quickly banned the sale of all psychoactive drugs to troops, unless required for medical reasons. However, shifts in the public attitude towards drugs—they were beginning to be associated with
prostitution
Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
,
vice
A vice is a practice, behaviour, or habit generally considered immoral, sinful, criminal, rude, taboo, depraved, degrading, deviant or perverted in the associated society. In more minor usage, vice can refer to a fault, a negative character tra ...
and
immorality
Immorality is the violation of moral laws, norms or standards. It refers to an agent doing or thinking something they know or believe to be wrong. Immorality is normally applied to people or actions, or in a broader sense, it can be applied to g ...
—led the government to pass further unprecedented laws, banning and criminalising the possession and dispensation of all narcotics, including opium and cocaine. After the war, this legislation was maintained and strengthened with the passing of the
Dangerous Drugs Act 1920
In the United Kingdom the Dangerous Drugs Act 1920 is an Act which changed to a penal offence drug addiction which up to then was, within the medical profession, treated as a disease. The former was the view held by the then Assistant Under Secre ...
.
Home Office control was extended to include
raw opium
Opium (or poppy tears, scientific name: ''Lachryma papaveris'') is dried latex obtained from the seed capsules of the opium poppy ''Papaver somniferum''. Approximately 12 percent of opium is made up of the analgesic alkaloid morphine, which i ...
,
morphine
Morphine is a strong opiate that is found naturally in opium, a dark brown resin in poppies (''Papaver somniferum''). It is mainly used as a analgesic, pain medication, and is also commonly used recreational drug, recreationally, or to make ...
,
cocaine
Cocaine (from , from , ultimately from Quechuan languages, Quechua: ''kúka'') is a central nervous system (CNS) stimulant mainly recreational drug use, used recreationally for its euphoria, euphoric effects. It is primarily obtained from t ...
,
ecogonine and
heroin
Heroin, also known as diacetylmorphine and diamorphine among other names, is a potent opioid mainly used as a recreational drug for its euphoric effects. Medical grade diamorphine is used as a pure hydrochloride salt. Various white and brow ...
.
Hardening of Canadian attitudes toward
Chinese-Canadian
, native_name =
, native_name_lang =
, image = Chinese Canadian population by province.svg
, image_caption = Chinese Canadians as percent of population by province / territory
, pop = 1,715,7704.63% of the ...
opium users and fear of a spread of the drug into the white population led to the effective criminalization of opium for nonmedical use in Canada between 1908 and the mid-1920s.
The
Mao Zedong
Mao Zedong pronounced ; also romanised traditionally as Mao Tse-tung. (26 December 1893 – 9 September 1976), also known as Chairman Mao, was a Chinese communist revolutionary who was the founder of the People's Republic of China (PRC) ...
government nearly eradicated both consumption and production of opium during the 1950s using social control and isolation. Ten million addicts were forced into compulsory treatment, dealers were executed, and opium-producing regions were planted with new crops. Remaining opium production shifted south of the Chinese border into the
Golden Triangle
Golden Triangle may refer to:
Places
Asia
* Golden Triangle (Southeast Asia), named for its opium production
* Golden Triangle (Yangtze), China, named for its rapid economic development
* Golden Triangle (India), comprising the popular tourist ...
region.
The remnant opium trade primarily served Southeast Asia, but spread to American soldiers during the
Vietnam War
The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
, with 20 percent of soldiers regarding themselves as addicted during the peak of the epidemic in 1971. In 2003, China was estimated to have four million regular drug users and one million registered drug addicts.
In the US, the
Harrison Act
The Harrison Narcotics Tax Act (Ch. 1, ) was a United States federal law that regulated and taxed the production, importation, and distribution of opiates and coca products. The act was proposed by Representative Francis Burton Harrison of New Y ...
was passed in 1914, and required sellers of
opiate
An opiate, in classical pharmacology, is a substance derived from opium. In more modern usage, the term ''opioid'' is used to designate all substances, both natural and synthetic, that bind to opioid receptors in the brain (including antagonis ...
s and cocaine to get a license. While originally intended to regulate the trade, it soon became a prohibitive law, eventually becoming
legal precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
that any prescription for a narcotic given by a physician or pharmacist – even in the course of medical treatment for
addiction
Addiction is a neuropsychological disorder characterized by a persistent and intense urge to engage in certain behaviors, one of which is the usage of a drug, despite substantial harm and other negative consequences. Repetitive drug use o ...
– constituted conspiracy to violate the Harrison Act. In 1919, the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
ruled in ''Doremus'' that the Harrison Act was constitutional and in ''Webb'' that physicians could not prescribe narcotics solely for maintenance.
In ''Jin Fuey Moy v. United States'', the court upheld that it was a violation of the Harrison Act even if a physician provided prescription of a narcotic for an addict, and thus subject to criminal
prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
. This is also true of the later
Marijuana Tax Act
The Marihuana Tax Act of 1937, , was a United States Act that placed a tax on the sale of cannabis. The H.R. 6385 act was drafted by Harry Anslinger and introduced by Rep. Robert L. Doughton of North Carolina, on April 14, 1937. The Seventy-fift ...
in 1937. Soon, however, licensing bodies did not issue licenses, effectively banning the drugs.
The American judicial system did not initially accept drug prohibition. Prosecutors argued that possessing drugs was a tax violation, as no legal licenses to sell drugs were in existence; hence, a person possessing drugs must have purchased them from an unlicensed source. After some wrangling, this was accepted as federal jurisdiction under the
interstate commerce
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among ...
clause of the
U.S. Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
.
Alcohol prohibition
The prohibition of alcohol commenced in Finland in 1919 and in the United States in 1920. Because alcohol was the most popular recreational drug in these countries, reactions to its prohibition were far more negative than to the prohibition of other drugs, which were commonly associated with ethnic minorities, prostitution, and vice. Public pressure led to the repeal of alcohol prohibition in Finland in 1932, and in the United States in 1933. Residents of many provinces of
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
also experienced alcohol prohibition for similar periods in the first half of the 20th century.
In Sweden, a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
in 1922 decided against an alcohol prohibition law (with 51% of the votes against and 49% for prohibition), but starting in 1914 (nationwide from 1917) and until 1955 Sweden employed an alcohol rationing system with personal liquor ration books ("
motbok
The Bratt System was a system that was used in Sweden (1919–1955) and similarly in Finland (1944–1970) to control alcohol consumption, by rationing of liquor. Every citizen allowed to consume alcohol was given a booklet called a mo ...
").
War on Drugs
![DEA Operation Mallorca, 2005](https://upload.wikimedia.org/wikipedia/commons/6/68/DEA_Operation_Mallorca%2C_2005.jpg)
In response to rising drug use among young people and the
counterculture
A counterculture is a culture whose values and norms of behavior differ substantially from those of mainstream society, sometimes diametrically opposed to mainstream cultural mores.Eric Donald Hirsch. ''The Dictionary of Cultural Literacy''. Hou ...
movement, government efforts to enforce prohibition were strengthened in many countries from the 1960s onward. Support at an international level for the prohibition of
psychoactive drug
A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior.
...
use became a consistent feature of United States policy during both Republican and Democratic administrations, to such an extent that US support for foreign governments has often been contingent on their adherence to US
drug policy
A drug policy is the policy regarding the control and regulation of psychoactive substances (commonly referred to as drugs), particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemen ...
. Major milestones in this campaign include the introduction of the
Single Convention on Narcotic Drugs
The Single Convention on Narcotic Drugs, 1961 (Single Convention, 1961 Convention, or C61) is an international treaty that controls activities (cultivation, production, supply, trade, transport) of specific narcotic drugs and lays down a syst ...
in 1961, the
Convention on Psychotropic Substances
The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as #Amphetamine-type stimulants, amphetamine-type stimulants, barbiturates, benzodiazepines, and Psychedelic drug, psychede ...
in 1971 and the
in 1988. A few developing countries where consumption of the prohibited substances has enjoyed longstanding cultural support, long resisted such outside pressure to pass legislation adhering to these conventions.
Nepal
Nepal (; ne, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in South Asia. It is mai ...
only did so in 1976.
![Afghanistan 16](https://upload.wikimedia.org/wikipedia/commons/1/1f/Afghanistan_16.jpg)
In 1972, United States President
Richard Nixon
Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
announced the commencement of the so-called "War on Drugs". Later,
President Reagan
Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
added the position of
drug czar Drug czar is an informal name for the person who directs drug-control policies in various areas. The term follows the informal use of the term ''czar'' in U.S. politics. The 'drug czar' title first appeared in a 1982 news story by United Press Int ...
to the
President's Executive Office. In 1973,
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
introduced
mandatory minimum sentences
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
of 15 years to
life imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
for possession of more than of a so-called
hard drug, called the
Rockefeller drug laws
The Rockefeller Drug Laws are the statutes dealing with the sale and possession of " narcotic" drugs in the New York State Penal Law. The laws are named after Nelson Rockefeller, who was the state's governor at the time the laws were adopted. Ro ...
after New York Governor and later Vice President
Nelson Rockefeller
Nelson Aldrich Rockefeller (July 8, 1908 – January 26, 1979), sometimes referred to by his nickname Rocky, was an American businessman and politician who served as the 41st vice president of the United States from 1974 to 1977. A member of t ...
. Similar laws were introduced across the United States.
California's broader '
three strikes and you're out' policy adopted in 1994 was the first
mandatory sentencing
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
policy to gain widespread publicity and was subsequently adopted in most United States jurisdictions. This policy mandates life imprisonment for a third criminal conviction of any felony offense. A similar 'three strikes' policy was introduced to the United Kingdom by the Conservative government in 1997. This legislation enacted a mandatory minimum sentence of seven years for those convicted for a third time of a drug trafficking offense involving a class A drug.
Calls for legalization, relegalization or decriminalization
The terms relegalization, legalization, legal regulations, or decriminalization are used with very different meanings by different authors, something that can be confusing when the claims are not specified. Here are some variants:
* Sales of one or more drugs (e.g.,
marijuana
Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various tra ...
) for personal use become legal, at least if sold in a certain way.
* Sales of an extracts with a specific substance become legal sold in a certain way, for example on prescription.
* Use or possession of small amounts for personal use do not lead to incarceration if it is the only crime, but it is still illegal; the court or the prosecutor can impose a fine. (In that sense, Sweden both legalized and supported drug prohibition simultaneously.)
* Use or possession of small amounts for personal use do not lead to incarceration. The case is not treated in an ordinary court, but by a commission that may recommend treatment or sanctions including fines. (In that sense, Portugal both legalized and supported drug prohibitions).
There are efforts around the world to promote the
relegalization and
decriminalization
Decriminalization or decriminalisation is the reclassification in law relating to certain acts or aspects of such to the effect that they are no longer considered a crime, including the removal of criminal penalties in relation to them. This reform ...
of drugs. These policies are often supported by proponents of
liberalism
Liberalism is a political and moral philosophy based on the rights of the individual, liberty, consent of the governed, political equality and equality before the law."political rationalism, hostility to autocracy, cultural distaste for c ...
and
libertarianism
Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and minimize the state's en ...
on the grounds of individual freedom, as well as by
leftists
Left-wing politics describes the range of political ideologies that support and seek to achieve social equality and egalitarianism, often in opposition to social hierarchy. Left-wing politics typically involve a concern for those in soci ...
who believe prohibition to be a method of suppression of the working class by the ruling class. Prohibition of drugs is supported by proponents of
conservatism
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilizati ...
as well various
NGOs
A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...
. A number of NGOs are aligned in support of drug prohibition as members of the
World Federation Against Drugs. WFAD members support the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
narcotics conventions.
[WFAD members](_blank)
/ref>
In 2002, five (former) police officers created Law Enforcement Action Partnership (LEAP), a NGO
A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...
that has gained a lot of media attention, showing that support for a regulation of drug sales also comes from the "other side" of the drug war and that maintaining a global corruption pyramid for the tax-free Mafia monopoly is not a good idea, compared to controlling access, age and quality. The former Director of the Office of National Drug Control Policy
The Office of National Drug Control Policy (ONDCP) is a component of the Executive Office of the President of the United States.
The Director of the ONDCP, colloquially known as the Drug Czar, heads the office. "Drug Czar" was a term first used ...
, the Drug Czar Drug czar is an informal name for the person who directs drug-control policies in various areas. The term follows the informal use of the term ''czar'' in U.S. politics. The 'drug czar' title first appeared in a 1982 news story by United Press Int ...
John P. Walters, has described the drug problem in the United States as a "public health challenge", and he has publicly eschewed the notion of a "war on drugs". He has supported additional resources for substance abuse treatment and has touted random student drug testing as an effective prevention strategy. However, the actions of the Office of National Drug Control Policy continue to belie the rhetoric of a shift away from primarily enforcement-based responses to illegal drug use.
According to some critics, drug prohibition is responsible for enriching "organised criminal networks" while the hypothesis that the prohibition of drugs generates violence is consistent with research done over long time-series and cross-country facts.
In the United Kingdom, where the principal piece of drug prohibition legislation is the Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is an Act of the Parliament of the United Kingdom. It represents action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nation ...
,[''Misuse of Drugs Act 1971 (c.38)'', the text of the act, OPSI website, accessed 27 January 2009](_blank)
/ref> criticism includes:
* '' Drug classification: making a hash of it?'', Fifth Report of Session 2005–06, House of Commons Science and Technology Committee
Science is a systematic endeavor that builds and organizes knowledge in the form of testable explanations and predictions about the universe.
Science may be as old as the human species, and some of the earliest archeological evidence fo ...
, which said that the present system of drug classification is based on historical assumptions, not scientific assessment
* ''Development of a rational scale to assess the harm of drugs of potential misuse'', David Nutt, Leslie A. King, William Saulsbury, Colin Blakemore, The Lancet
''The Lancet'' is a weekly peer-reviewed general medical journal and one of the oldest of its kind. It is also the world's highest-impact academic journal. It was founded in England in 1823.
The journal publishes original research articles, ...
, 24 March 2007, said the act is "not fit for purpose" and "the exclusion of alcohol and tobacco from the Misuse of Drugs Act is, from a scientific perspective, arbitrary"
* The '' Drug Equality Alliance (DEA)'' argue that the Government is administering the Act arbitrarily, contrary to its purpose, contrary to the original wishes of Parliament and therefore illegally. They are currently assisting and supporting several legal challenges to this alleged maladministration.
In February 2008 the then-president of Honduras
Honduras, officially the Republic of Honduras, is a country in Central America. The republic of Honduras is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Oce ...
, Manuel Zelaya
José Manuel Zelaya Rosales (born 20 September 1952)Encyclopædia BritannicaManuel Zelaya/ref> is a Honduran politician who was President of Honduras from 27 January 2006 until 28 June 2009, and who since January 2022 serves as the first Fir ...
, called on the world to legalize drugs, in order, he said, to prevent the majority of violent murders occurring in Honduras. Honduras is used by cocaine
Cocaine (from , from , ultimately from Quechuan languages, Quechua: ''kúka'') is a central nervous system (CNS) stimulant mainly recreational drug use, used recreationally for its euphoria, euphoric effects. It is primarily obtained from t ...
smugglers as a transiting point between Colombia
Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
and the US. Honduras, with a population of 7 million, suffers an average of 8–10 murders a day, with an estimated 70% being a result of this international drug trade. The same problem is occurring in Guatemala
Guatemala ( ; ), officially the Republic of Guatemala ( es, República de Guatemala, links=no), is a country in Central America. It is bordered to the north and west by Mexico; to the northeast by Belize and the Caribbean; to the east by H ...
, El Salvador
El Salvador (; , meaning " The Saviour"), officially the Republic of El Salvador ( es, República de El Salvador), is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south b ...
, Costa Rica
Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...
and Mexico, according to Zelaya. In January 2012 Colombia
Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
n President Juan Manuel Santos
Juan Manuel Santos Calderón (; born 10 August 1951) is a Colombian politician who was the President of Colombia from 2010 to 2018. He was the sole recipient of the 2016 Nobel Peace Prize.
An economist by profession and a journalist by trade, ...
made a plea to the United States and Europe to start a global debate about legalizing drugs. This call was echoed by the Guatemala
Guatemala ( ; ), officially the Republic of Guatemala ( es, República de Guatemala, links=no), is a country in Central America. It is bordered to the north and west by Mexico; to the northeast by Belize and the Caribbean; to the east by H ...
n President Otto Pérez Molina
Otto Fernando Pérez Molina (born 1 December 1950) is a Guatemalan politician and retired general, who was President of Guatemala from 2012 to 2015. Standing as the Patriotic Party (Guatemala), Patriotic Party (''Partido Patriota'') candidate, ...
, who announced his desire to legalize drugs, saying "What I have done is put the issue back on the table."
In a report dealing with HIV
The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...
in June 2014, the World Health Organization
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of h ...
(WHO) of the UN called for the decriminalization of drugs particularly including injected ones. This conclusion put WHO at odds with broader long-standing UN policy favoring criminalization. Eight states of the United States (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, and Washington), as well as the District of Columbia, have legalized the sale of marijuana for personal recreational use as of 2017, despite the fact that recreational use remains illegal under U.S. federal law. The conflict between state and federal law is, as of 2018, unresolved.
Since Uruguay in 2014 and Canada in 2018 legalized cannabis, the debate has known a new turn internationally.
Drug prohibition laws
The following individual drugs, listed under their respective family groups (e.g., barbiturates, benzodiazepines, opiates), are the most frequently sought after by drug users and as such are prohibited or otherwise heavily regulated for use in many countries:
* Among the barbiturates
Barbiturates are a class of depressant drugs that are chemically derived from barbituric acid. They are effective when used medically as anxiolytics, hypnotics, and anticonvulsants, but have physical and psychological addiction potential as ...
, pentobarbital
Pentobarbital (previously known as pentobarbitone in Britain and Australia) is a short-acting barbiturate typically used as a sedative, a preanesthetic, and to control convulsions in emergencies. It can also be used for short-term treatment of ...
(Nembutal), secobarbital
Secobarbital (as the sodium salt, originally marketed by Eli Lilly and Company for the treatment of insomnia, and subsequently by other companies as described below, under the brand name Seconal) is a short-acting barbiturate derivative drug that ...
(Seconal), and amobarbital
Amobarbital (formerly known as amylobarbitone or sodium amytal as the soluble sodium salt) is a drug that is a barbiturate derivative. It has sedative- hypnotic properties. It is a white crystalline powder with no odor and a slightly bitter tas ...
(Amytal)
* Among the benzodiazepine
Benzodiazepines (BZD, BDZ, BZs), sometimes called "benzos", are a class of depressant drugs whose core chemical structure is the fusion of a benzene ring and a diazepine ring. They are prescribed to treat conditions such as anxiety disorders, ...
s, temazepam
Temazepam (sold under the brand names Restoril among others) is a medication of the benzodiazepine class which is generally used to treat severe or debilitating insomnia. It is taken by mouth. Temazepam is rapidly absorbed, and significant hypno ...
(Restoril; Normison; Euhypnos), flunitrazepam
Flunitrazepam, also known as Rohypnol among other names, is a benzodiazepine used to treat severe insomnia and assist with anesthesia. As with other hypnotics, flunitrazepam has been advised to be prescribed only for short-term use or by those ...
(Rohypnol; Hypnor; Flunipam), and alprazolam
Alprazolam, sold under the brand name Xanax, among others, is a fast-acting, potent tranquilizer of medium duration in the triazolobenzodiazepine (TBZD) class, which are benzodiazepines (BZDs) fused with a triazole ring. It is most commonly u ...
(Xanax)
* Cannabis
''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: ''Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternatively ...
products, e.g., marijuana, hashish
Hashish ( ar, حشيش, ()), also known as hash, "dry herb, hay" is a drug made by compressing and processing parts of the cannabis plant, typically focusing on flowering buds (female flowers) containing the most trichomes. European Monitorin ...
, and hashish oil
* Among the dissociative
Dissociatives, colloquially dissos, are a subclass of hallucinogens which distort perception of sight and sound and produce feelings of detachment – dissociation – from the environment and/or self. Although many kinds of drugs are capable of ...
s, phencyclidine
Phencyclidine or phenylcyclohexyl piperidine (PCP), also known as angel dust among other names, is a dissociative anesthetic mainly used recreationally for its significant mind-altering effects. PCP may cause hallucinations, distorted perceptio ...
(PCP), and ketamine
Ketamine is a dissociative anesthetic used medically for induction and maintenance of anesthesia. It is also used as a recreational drug. It is one of the safest anesthetics, as, in contrast with opiates, ether, and propofol, it suppresses ne ...
are the most sought after.
* hallucinogens
Hallucinogens are a large, diverse class of psychoactive drugs that can produce altered states of consciousness characterized by major alterations in thought, mood, and perception as well as other changes. Most hallucinogens can be categorized ...
such as LSD
Lysergic acid diethylamide (LSD), also known colloquially as acid, is a potent psychedelic drug. Effects typically include intensified thoughts, emotions, and sensory perception. At sufficiently high dosages LSD manifests primarily mental, vi ...
, mescaline
Mescaline or mescalin (3,4,5-trimethoxyphenethylamine) is a naturally occurring psychedelic protoalkaloid of the substituted phenethylamine class, known for its hallucinogenic effects comparable to those of LSD and psilocybin.
Biological sou ...
, peyote
The peyote (; ''Lophophora williamsii'' ) is a small, spineless cactus which contains psychoactive alkaloids, particularly mescaline. ''Peyote'' is a Spanish word derived from the Nahuatl (), meaning "caterpillar cocoon", from a root , "to gl ...
, and psilocybin
Psilocybin ( , ) is a naturally occurring psychedelic prodrug compound produced by more than 200 species of fungi. The most potent are members of the genus ''Psilocybe'', such as '' P. azurescens'', '' P. semilanceata'', and '' P.&nbs ...
* Empathogen-entactogen drugs like MDMA
3,4-Methylenedioxymethamphetamine (MDMA), commonly seen in Tablet (pharmacy), tablet form (ecstasy) and crystal form (molly or mandy), is a potent empathogen–entactogen with stimulant properties primarily used for Recreational dru ...
("ecstasy")
* Among the narcotics
The term narcotic (, from ancient Greek ναρκῶ ''narkō'', "to make numb") originally referred medically to any psychoactive compound with numbing or paralyzing properties. In the United States, it has since become associated with opiates ...
, it is opiate
An opiate, in classical pharmacology, is a substance derived from opium. In more modern usage, the term ''opioid'' is used to designate all substances, both natural and synthetic, that bind to opioid receptors in the brain (including antagonis ...
s such as morphine
Morphine is a strong opiate that is found naturally in opium, a dark brown resin in poppies (''Papaver somniferum''). It is mainly used as a analgesic, pain medication, and is also commonly used recreational drug, recreationally, or to make ...
and codeine
Codeine is an opiate and prodrug of morphine mainly used to treat pain, coughing, and diarrhea. It is also commonly used as a recreational drug. It is found naturally in the sap of the opium poppy, ''Papaver somniferum''. It is typically use ...
, and opioid
Opioids are substances that act on opioid receptors to produce morphine-like effects. Medically they are primarily used for pain relief, including anesthesia. Other medical uses include suppression of diarrhea, replacement therapy for opioid us ...
s such as diacetylmorphine
Heroin, also known as diacetylmorphine and diamorphine among other names, is a potent opioid mainly used as a recreational drug for its euphoric effects. Medical grade diamorphine is used as a pure hydrochloride salt. Various white and brown ...
(Heroin), hydrocodone
Hydrocodone, also known as dihydrocodeinone, is an opioid used to treat pain and as a cough suppressant. It is taken by mouth. Typically it is dispensed as the combination acetaminophen/hydrocodone or ibuprofen/hydrocodone for pain severe en ...
(Vicodin; Hycodan), oxycodone
Oxycodone, sold under various brand names such as Roxicodone and OxyContin (which is the extended release form), is a strong, semi-synthetic opioid used medically for treatment of moderate to severe pain. It is highly addictive and a commonly ...
(Percocet; Oxycontin), hydromorphone
Hydromorphone, also known as dihydromorphinone, and sold under the brand name Dilaudid among others, is an opioid used to treat moderate to severe pain. Typically, long-term use is only recommended for pain due to cancer. It may be used by mou ...
(Dilaudid), and oxymorphone
Oxymorphone (sold under the brand names Numorphan and Opana among others) is a highly potent opioid analgesic indicated for treatment of severe pain. Pain relief after injection begins after about 5–10 minutes, after oral administration it beg ...
(Opana).
* Sedative
A sedative or tranquilliser is a substance that induces sedation by reducing irritability or excitement. They are CNS depressants and interact with brain activity causing its deceleration. Various kinds of sedatives can be distinguished, but t ...
s such as GHB
''gamma''-Hydroxybutyric acid (or γ-hydroxybutyric acid (GHB), also known as 4-hydroxybutanoic acid) is a naturally occurring neurotransmitter and a depressant drug. It is a precursor to GABA, glutamate, and glycine in certain brain areas. ...
and methaqualone
Methaqualone is a hypnotic sedative. It was sold under the brand names Quaalude ( ) and Sopor among others, which contained 300 mg of methaqualone, and sold as a combination drug under the brand name Mandrax, which contained 250 mg met ...
(Quaalude)
* Stimulant
Stimulants (also often referred to as psychostimulants or colloquially as uppers) is an overarching term that covers many drugs including those that increase activity of the central nervous system and the body, drugs that are pleasurable and inv ...
s such as cocaine
Cocaine (from , from , ultimately from Quechuan languages, Quechua: ''kúka'') is a central nervous system (CNS) stimulant mainly recreational drug use, used recreationally for its euphoria, euphoric effects. It is primarily obtained from t ...
, amphetamine
Amphetamine (contracted from alpha- methylphenethylamine) is a strong central nervous system (CNS) stimulant that is used in the treatment of attention deficit hyperactivity disorder (ADHD), narcolepsy, and obesity. It is also commonly used ...
(Adderall), dextroamphetamine
Dextroamphetamine is a central nervous system (CNS) stimulant and an amphetamine enantiomer that is prescribed for the treatment of attention deficit hyperactivity disorder (ADHD) and narcolepsy. It is also used as an athletic performance and ...
(Dexedrine), methamphetamine
Methamphetamine (contracted from ) is a potent central nervous system (CNS) stimulant that is mainly used as a recreational drug and less commonly as a second-line treatment for attention deficit hyperactivity disorder and obesity. Methamph ...
(Desoxyn), methcathinone
Methcathinone (α-methylamino-propiophenone or ephedrone) (sometimes called "cat" or "jeff" or "catnip" or "M-Kat" or "kat" or "intash" ) is a monoamine alkaloid and psychoactive stimulant, a substituted cathinone. It is used as a recreational ...
, and methylphenidate
Methylphenidate, sold under the brand names Ritalin and Concerta among others, is the most widely prescribed central nervous system (CNS) stimulant medication used to treat attention deficit hyperactivity disorder (ADHD) and, to a lesser extent, ...
(Ritalin)
The regulation of the above drugs varies in many countries. Alcohol possession and consumption by adults is today widely banned only in Islamic countries
The terms Muslim world and Islamic world commonly refer to the Islamic community, which is also known as the Ummah. This consists of all those who adhere to the religious beliefs and laws of Islam or to societies in which Islam is practiced. In ...
and certain states of India. Although alcohol prohibition was eventually repealed in the countries that enacted it, there are, for example, still parts of the United States that do not allow alcohol sales, though alcohol possession may be legal (see dry counties
A dry county is a County (United States), county in the United States whose government forbids the sale of any kind of alcoholic beverages. Some prohibit off-premises sale, some prohibit on-premises sale, and some prohibit both. Dozens of dry c ...
). New Zealand has banned the importation of chewing tobacco
Chewing tobacco is a type of smokeless tobacco product that is placed between the cheek and lower gum to draw out its flavor. Some users chew it, others do not. It consists of coarsely chopped aged tobacco that is flavored and often sweetened; ...
as part of the Smoke-free Environments Act 1990
The Smokefree Environments and Regulated Products Act 1990 (originally the Smoke-free Environments Act 1990) is an Act of Parliament in New Zealand. The Act placed smoking restrictions on indoor spaces, banned smoking on public transport and es ...
. In some parts of the world, provisions are made for the use of traditional sacraments like ayahuasca, iboga, and peyote
The peyote (; ''Lophophora williamsii'' ) is a small, spineless cactus which contains psychoactive alkaloids, particularly mescaline. ''Peyote'' is a Spanish word derived from the Nahuatl (), meaning "caterpillar cocoon", from a root , "to gl ...
. In Gabon, iboga (tabernanthe iboga) has been declared a national treasure and is used in rites of the Bwiti religion. The active ingredient, ibogaine, is proposed as a treatment of opioid withdrawal and various substance use disorders.
In countries where alcohol and tobacco are legal, certain measures are frequently undertaken to discourage use of these drugs. For example, packages of alcohol and tobacco sometimes communicate warnings directed towards the consumer, communicating the potential risks of partaking in the use of the substance. These drugs also frequently have special ''sin tax
A sin tax is an excise tax specifically levied on certain goods deemed harmful to society and individuals, such as alcohol, tobacco, drugs, candies, soft drinks, fast foods, coffee, sugar, gambling, and pornography. In contrast to Pigovian ta ...
es'' associated with the purchase thereof, in order to recoup the losses associated with public funding for the health problems the use causes in long-term users. Restrictions on advertising also exist in many countries, and often a state holds a monopoly on manufacture, distribution, marketing, and/or the sale of these drugs.
List of principal drug prohibition laws by jurisdiction (non-exhaustive)
* Australia: Standard for the Uniform Scheduling of Drugs and Poisons
*Bangladesh: Narcotics Substances Control Act, 2018
* Belize: Misuse of Drugs Act (Belize)
* Canada: Controlled Drugs and Substances Act[''Controlled Drugs and Substances Act'', Department of Justice website, accessed 9 February 2009](_blank)
* Estonia: Narcotic Drugs and Psychotropic Substances Act (Estonia)
* Germany: Betäubungsmittelgesetz
* India: Narcotic Drugs and Psychotropic Substances Act (India)
* Netherlands: Opium Law
* New Zealand: Misuse of Drugs Act 1975[''Misuse of Drugs Act 1975'', New Zealand website, accessed 9 February 2009](_blank)
/ref>
* Pakistan: Control of Narcotic Substances Act 1997
* Philippines: Comprehensive Dangerous Drugs Act of 2002
* Poland: :pl:Ustawa o przeciwdziałaniu narkomanii, Drug Abuse Prevention Act 2005
* Portugal: Decree-Law 15/93
* Ireland: Misuse of Drugs Act (Ireland)[''Misuse of Drugs Act 1977'', Office of the Houses of the Oireachtas website, accessed 9 February 2009](_blank)
* South Africa: Drugs and Drug Trafficking Act 1992
* Singapore: Misuse of Drugs Act (Singapore)
* Sweden: Lag om kontroll av narkotika (SFS 1992:860)
* Thailand: Psychotropic Substances Act (Thailand) and Narcotics Act
* United Kingdom: Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is an Act of the Parliament of the United Kingdom. It represents action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nation ...
and Drugs Act 2005[''Drugs Act 2005 (c. 17)'', OPSI website, accessed 2 February 2009](_blank)
/ref>
* United States: Controlled Substances Act[''Controlled Substances Act'' (short title), U.S. Food and Drug Administration website, accessed 6 February 2009](_blank)
/ref>
Legal dilemmas
The sentencing statutes in the United States Code that cover controlled substances are complicated. For example, a first-time offender convicted in a single proceeding for selling marijuana three times, and found to have carried a gun on him all three times (even if it were not used) is subject to a minimum sentence of 55 years in federal prison.
Drug sentencing guidelines under state law in America are generally much less harsh than the federal sentencing guidelines, although great irregularities exist. The vast majority of drug felonies and almost all drug misdemeanors in the United States are prosecuted at the state level. The federal government tends to prosecute only drug trafficking cases involving large amounts of drugs, or cases which have been referred to federal prosecutors by local district attorneys seeking the harsher sentences provided under the federal sentencing guidelines. In rare instances, some defendants are prosecuted both federally and by the state for the same drug trafficking conduct.
Drug prohibition has created several legal dilemmas. Many countries allow the use of undercover police, law enforcement officers solely or primarily for the enforcement of laws against use of certain drugs. On occasion these officers are allegedly allowed to commit crimes if it is necessary to maintain the secrecy of the investigation, or in order to collect adequate evidence (law), evidence for a conviction (law), conviction.
The War on Drugs has stimulated the creation of international law enforcement agencies (such as Interpol), mostly in Western countries. This has occurred because a large volume of illicit drugs come from Third-World countries.
Social control
In ''Hallucinations: Behavior, Experience, and Theory (1975)'', senior US government researchers Louis Jolyon West and Ronald K. Siegel explain how drug prohibition can be used for selective social control:
Linguist Noam Chomsky argues that drug laws are currently, and have historically been, used by the state to oppress sections of society it opposes:
Legal highs and prohibition
In 2013 the European Monitoring Centre for Drugs and Drug Addiction reported that there are 280 new legal drugs, known as "legal highs", available in Europe. One of the best known, mephedrone, was banned in the United Kingdom in 2010. On November 24, 2010, the U.S. Drug Enforcement Administration announced it would use emergency powers to ban many Synthetic cannabis, synthetic cannabinoids within a month. An estimated 73 new psychoactive synthetic drugs appeared on the UK market in 2012. The response of the Home Office has been to create a temporary class drug order which bans the manufacture, import, and supply (but not the possession) of named substances.
Corruption
In certain countries, there is concern that campaigns against drugs and organized crime are a cover for corrupt officials tied to drug trafficking themselves. In the United States, Federal Bureau of Narcotics chief Harry Anslinger, Harry Anslinger's opponents accused him of taking bribes from the American Mafia, Mafia to enact prohibition and create a black market for alcohol. More recently in Philippines, the Philippines, one death squad hitman told author Niko Vorobyov that he was being paid by military officers to eliminate those drug dealers who failed to pay a ‘tax’. Under President of the Philippines, President Rodrigo Duterte, the Philippines has waged a bloody Philippine drug war, war against drugs that may have resulted in up to 29,000 extrajudicial killings.
When it comes to social control with cannabis, there are different aspects to consider. Not only do we assess legislative leaders and the way they vote on cannabis, but we also must consider the federal regulations and taxation that contribute to social controls. For instance, according to a report on the U.S. customs and border protections, the American industry, although banned the main usage of marijuana, was still using products similar such as hemp seeds, oils etc. leading to the previously discussed marijuana tax act.
The Tax act provisions required importers to register and pay an annual tax of $24 and receive an official stamp. Stamps for Products were then affixed to each original order form and recorded by the state revenue collector. Then, a customs collector was to maintain the custody of imported marijuana at entry ports until required documents were received, reviewed and approved.Shipments were subject to searches, seizures and forfeitures if any provisions of the law were not met. Violations would result in fines of no more than $2000 or potential imprisonment for up to 5 years. Oftentimes, this created opportunity for corruption, stolen imports that would later lead to smuggling, oftentimes by state officials and tight knit elitists.
Penalties
United States
Drug possession is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction. In the U.S., the penalty for illegal drug possession and sale can vary from a small fine to a prison sentence. In some states, marijuana possession is considered to be a petty offense, with the penalty being comparable to that of a speeding violation. In some municipalities, possessing a small quantity of marijuana in one's own home is not punishable at all. Generally, however, drug possession is an arrestable offense, although first-time offenders rarely serve jail time. Federal law makes even possession of "soft drugs", such as cannabis, illegal, though some local governments have laws contradicting federal laws.
In the U.S., the War on drugs, War on Drugs is thought to be contributing to a prison overcrowding problem. In 1996, 59.6% of prisoners were drug-related criminals. The U.S. population grew by about +25% from 1980 to 2000. In that same 20 year time period, the U.S. prison population tripled, making the U.S. the world leader in both percentage and absolute number of citizens incarcerated. The United States has 5% of the world's population, but 25% of the prisoners.
About 90% of Incarceration in the United States, United States prisoners are incarcerated in state jails. In 2016, about 200,000, under 16%, of the 1.3 million people in these state jails, were serving time for drug offenses. 700,000 were incarcerated for violent offenses.
The data from Federal Bureau of Prisons online statistics page states that 45.9% of prisoners were incarcerated for drug offenses, as of December 2021.
European Union
In 2004, the Council of the European Union adopted a framework decision harmonizing the minimum penal provisions for illicit drug-related activities. In particular, article 2(9) stipulates that activities may be exempt from the minimum provisions "when it is committed by its perpetrators exclusively for their own personal consumption as defined by national law." This was made, in particular, to accommodate more liberal national systems such as the Dutch coffee shops (see below) or the Spanish Cannabis Social Club, Cannabis Social Clubs.
The Netherlands
In the Netherlands, cannabis and other "soft" drugs are partly decriminalised in small quantities. The Dutch government treats the problem as more of a public health issue than a criminal issue. Contrary to popular belief, cannabis is still illegal. Cannabis coffee shop, Coffee shops that sell cannabis to people 18 or above are tolerated in some cities, and pay taxes like any other business for their cannabis and hashish sales, although distribution is a grey area that the authorities would rather not go into as it is not decriminalised. Many "coffee shops" are found in Amsterdam and cater mainly to the large tourist trade; the local consumption rate is far lower than in the US.
The administrative bodies responsible for enforcing the drug policies include the Ministry of Health, Welfare and Sport, the Ministry of Justice, the Ministry of the Interior and Kingdom Relations, and the Ministry of Finance. Local authorities also shape local policy, within the national framework.
When compared to other countries, Dutch drug consumption falls in the European average at six per cent regular use (twenty-one per cent at some point in life) and considerably lower than the Anglo-Saxon countries headed by the United States with an eight per cent recurring use (thirty-four at some point in life).
Australia
A Nielsen poll in 2012 found that only 27% of voters favoured decriminalisation. Australia has steep penalties for growing and using drugs even for personal use. with Western Australia having the toughest laws. There is an associated anti-drug culture amongst a significant number of Australians. Law enforcement targets drugs, particularly in the Club drug, party scene. In 2012, crime statistics in Victoria revealed that police were increasingly arresting users rather than dealers, and the Liberal Party of Australia, Liberal government banned the sale of bongs that year.
Indonesia
Indonesia carries a maximum penalty of Capital punishment for drug trafficking, death for drug dealing, and a maximum of 15 years prison for drug use. In 2004, Australian citizen Schapelle Corby was convicted of smuggling 4.4 kilograms of cannabis into Bali, a crime that carried a maximum penalty of death. Her trial reached the verdict of guilty with a punishment of 20 years imprisonment. Corby claimed to be an unwitting drug mule. Australian citizens known as the "Bali Nine" were caught smuggling heroin
Heroin, also known as diacetylmorphine and diamorphine among other names, is a potent opioid mainly used as a recreational drug for its euphoric effects. Medical grade diamorphine is used as a pure hydrochloride salt. Various white and brow ...
. Two of the nine, Andrew Chan and Myuran Sukumaran, were executed April 29, 2015 along with six other foreign nationals. In August 2005, Australian model Michelle Leslie was arrested with two ecstasy (drug), ecstasy pills. She pleaded guilty to possession and in November 2005 was sentenced to 3 months imprisonment, which she was deemed to have already served, and was released from prison immediately upon her admission of guilt on the charge of possession.
At the 1961 Single Convention on Narcotic Drugs, Indonesia, along with India, Turkey, Pakistan and some South American countries opposed the criminalisation of drugs.
Republic of China (Taiwan)
Taiwan carries a maximum penalty of death for drug trafficking, while smoking tobacco and wine are classified as legal entertainment drug. The Department of Health is in charge of drug prohibition.
Methods of law enforcement
Because the possession of drugs is called a "victimless crime" by some analysts, as it can be committed in privacy, the enforcement of prohibitionist laws requires methods of law enforcement to inspect private property. In societies with strong property laws or individual rights, this may present a risk for conflicts or violations of rights. Disrupting the market relies on eradication, interdiction and domestic law enforcement efforts. Through cooperation with governments such as those of Colombia, Mexico and Afghanistan, coca (the plant source for cocaine) and poppy (the plant source for opium and heroin) are eradicated by the United States and other allies such as the United Kingdom, so that the crops cannot be processed into narcotics. Eradication can be accomplished by aerial spraying or manual eradication. However, the eradication is only temporary as the harvest fields can usually be replanted after a certain amount of time.
The government of Colombian President Álvaro Uribe has resisted criticism of aerial spraying of coca and poppy and has seen major reductions in both crops according to the United Nations Office of Crime and Drugs (See also Plan Colombia). In 2003, over of mature coca were sprayed and eradicated in Colombia, where at the start of the year, approximately had been planted. This strategic accomplishment prevented the production over 500 tonnes of cocaine, sufficient to supply all the cocaine users in both US and Europe for one year. Further, it eliminated upward of $100 million of illicit income in Colombia. No effect on prices or availability in the marketplace has been noted, and the actual number of acres of coca planted seems to have actually increased, largely shifting to more remote areas or into neighboring countries. Aerial spraying also has the unintended consequence of destroying legitimate crop fields in the process.
Interdiction is carried out primarily by aerial and naval armed forces patrolling known trafficking zones. From South America to the United States most drugs traverse either the Caribbean Sea or the Eastern Pacific, usually in "Go-fast boat, go-fast" boats that carry drug cargos and engines and little else. Drugs have also been smuggled in makeshift submarines. In 2015, a submarine with 12,000 pounds of cocaine was seized by the US Coast Guard off of the coast of Central America. This was the largest US drug seizure to date.
Investigation on drug trafficking often begins with the recording of unusually frequent deaths by overdose, monitoring financial flows of suspected traffickers, or by finding concrete elements while inspecting for other purposes. For example, a person pulled over for traffic violations may have illicit drugs in his or her vehicle, thus leading to an arrest and/or investigation of the source of the materials. The United States federal government has placed a premium on disrupting the large drug trafficking organizations that move narcotics into and around the United States, while state and local law enforcement focus on disrupting street-level drug dealing gangs.
Drug control strategy
Present drug control efforts utilize several techniques in the attempt to achieve their goal of eliminating illegal drug use:
* Disrupting the market for drugs
* Prevention efforts that rely on community activism, public information campaigns to educate the public on the potential dangers of drug use
* Law-enforcement efforts against elements of the supply chain, through surveillance and undercover work
* Providing effective and targeted substance abuse treatment to dependent users
Alternatives
On February 11, 2009, a document called ''Drugs and democracy in Latin America: Towards a paradigm shift '' was signed by several Latin American political figures, intellectuals, writers and journalists as commissioners of the Latin American Initiative on Drugs and Democracy. The document questions the war on drugs and points out its Drug policy of the United States#Effects, failures. It also indicates that prohibition has come with an extensive social cost, especially to the countries that take part in the production of illicit drugs. Although controversial, the document does not endorse either the production or consumption of drugs but recommends for both a new and an alternative approach. The document argues that drug production and consumption has become a social taboo that inhibits the public debate because of its relationship to crime and as consequence it confines consumers to a small circle where they become more vulnerable to the actions of organized crime. The authors also demand for a close review to the prohibitive strategies of the Drug policy of the United States, United States and the study of the advantages and limits of the damage reduction strategy followed by the European Union. The proposal uses three paradigms as an alternative:
* The Drug addiction, treatment of consumption as a problem of public health.
* The reduction of consumption through the dissemination of information and prevention.
* A new focus towards organized crime.
The document favors the European policies towards drug consumption since according to the authors it is more humane and efficient. The signers of this document are: Fernando Henrique Cardoso, Ernesto Zedillo, César Gaviria, Paulo Coelho, Enrique Santos, Mario Vargas Llosa, Moisés Naím, Tomas Eloy Martinez
Two years later in mid-2011, the core of the Initiative and its commission were extended and endorsed in a report issued by the Global Commission on Drug Policy. Joining the three former presidents of Colombia, Brazil and Mexico and Nobel Prize for Literature winner Llosa on the Global Commission were former U.S. United States Secretary of State, Secretary of State George Shultz, George P. Shultz and Federal Reserve chair Paul Volcker; Carlos Fuentes, Mexican writer and public intellectual; John C. Whitehead, formerly of Goldman Sachs; and Kofi Annan, former Secretary-General of the United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
.[Tharoor, Ishaan]
"Report: The Global War on Drugs Has Failed. Is It Time to Legalize?"
''Time (magazine), Time'' (June 3, 2011). Retrieved 2011-06-03.
See also
* Alcohol law
* Arguments for and against drug prohibition
* Drug liberalization
* Demand reduction
* Drug policy of the Soviet Union
* Harm reduction
* List of anti-cannabis organizations
* Medellin Cartel
* Mexican drug war
* Puerto Rican drug war
* Prohibitionism
* Tobacco control
* War on Drugs
The war on drugs is a global campaign, led by the United States federal government, of drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the United States.Cockburn and St. Clair, 1 ...
US specific:
* Allegations of CIA drug trafficking
* School district drug policies
* Drug Free America Foundation
* Drug Policy Alliance
* DrugWarRant
* Gary Webb
* Marijuana Policy Project
* National Organization for the Reform of Marijuana Laws
* Students for Sensible Drug Policy
* Woman's Christian Temperance Union
References
Further reading
* Outsiders: Studies in the Sociology of Deviance, New York: The Free Press, 1963,
* Eva Bertram, ed., ''Drug War Politics: The Price of Denial'', University of California Press, 1996, .
* James P. Gray, ''Why Our Drug Laws Have Failed and What We Can Do About It: A Judicial Indictment of the War on Drugs'' Temple University Press, 2001, .
* Richard Lawrence Miller, ''Drug Warriors and Their Prey'', Praeger, 1996, .
* Dan Baum, ''Smoke and Mirrors: The War on Drugs and the Politics of Failure'', Little Brown & Co., 1996, .
* Alfred W. McCoy, ''The Politics of Heroin: CIA Complicity in the Global Drug Trade'', Lawrence Hill Books, 1991, .
* Clarence Lusane and Dennis Desmond, ''Pipe Dream Blues: Racism and the War on Drugs'', South End Press, 1991, .
*
* United Nations Office on Drugs and Crime, ''Colombian Survey'', June 2005.
* Office of National Drug Control Policy, ''National Drug Control Strategy'', March 2004.
* David F. Musto, ''The American Disease, The Origins of Narcotics Controls'', New Haven: Yale University Press, 1973, p. 43
Why Is Drug Use Forbidden?
by François-Xavier Dudouet
by Peter Cohen
* [http://www.co-psychiatry.com/pt/re/copsych/abstract.00001504-200305000-00002.htm;jsessionid=FWlXKXQcXtckn82dHCxvYnpwyL0BWM265CPn2d6Br07mpdC4hByC!641301743!-949856144!8091!-1 Policy from a harm reduction perspective] (journal article)
Global drug prohibition: its uses and crises
(journal article)
(journal article)
* [http://taylorandfrancis.metapress.com/(4p2ehk55t0yeb1avgc1zk5ve)/app/home/contribution.asp?referrer=parent&backto=issue,1,14;journal,16,73;linkingpublicationresults,1:102207,1 Should cannabis be taxed and regulated?] (journal article)
Learning from history: a review of David Bewley-Taylor's The United States and International Drug Control, 1909–1997
(journal article)
Shifting the main purposes of drug control: from suppression to regulation of use
Setting goals for drug policy: harm or use reduction?
Prohibition, pragmatism and drug policy repatriation
Challenging the UN drug control conventions: problems and possibilities
The Economics of Drug Legalization
Britain on drugs
(journal article)
Laws and the Construction of Drug- and Gender-Related Violence in Central America
by Peter Peetz
External links
Making Contact: The Mission to End Prohibition.
Radio piece featuring LEAP founder and former narcotics officer Jack A. Cole, Jack Cole, and Drug Policy Alliance founder Ethan Nadelmann
EMCDDA – Decriminalisation in Europe? Recent developments in legal approaches to drug use
10 Downing Street's Strategy Unit Drugs Report
War on drugs
''Part I: Winners'', documentary (50 min) explaining 'War on Drugs' b
Tegenlicht
of VPRO Dutch television. After short introduction in Dutch (1 min), English spoken. Broadband internet needed.
War on drugs
''Part II: Losers'', documentary (50 min) showing downside of the 'War on Drugs' b
Tegenlicht
of VPRO Dutch television. After short introduction in Dutch (1 min), English spoken. Broadband internet needed.
After the War on Drugs: Options for Control (Report)
by Harry Browne
Prohibition news page
– Alcohol and Drugs History Society
Drugs and conservatives should go together
{{DEFAULTSORT:Prohibition, Drugs)
Social conflict
Counterculture
Drug control law
Drug policy
History of drug control
Prohibitionism