By Julian Buchanan, Associate Professor, Institute of Criminology, Victoria University of Wellington, New Zealand.
27 April 2015
We need to tackle the folly and futility of drug prohibition, in which we have created an irrational and unscientific bifurcation of drugs. An archaic system that favours, promotes and culturally embeds the use of some drugs, while fiercely policing, prohibiting and punishing the use of other drugs.
The 1961 UN Single Convention on Narcotic Drugs and the drug laws it has spawned, are deeply flawed, misinformed and misguided, they are an abuse of human rights and civil liberties. The realisation of this historic mistake and the momentum to end this draconian regime has gathered pace in recent years. While the US government has been a driving force defending and upholding drug prohibition, it is ironically the people of the US who are challenging the regime by voting to legalise cannabis. This is seen as a major step change by drug reformers to bring an end to prohibition, however, I question how Inviting cannabis to enjoy the privileges of other favoured drugs (alcohol, caffeine and tobacco) will tackle the wider and fundamental problem of drug prohibition.
Ironically, the legalisation of cannabis might actually bolster prohibition. The global and united drug reform movement could be undermined by an unintended consequence of privileging cannabis to join the elite drugs and subsequently ‘divide and rule’ to maintain the bifurcation process. No doubt, and understandably, after the decades of oppression suffered by cannabis users, legalisation of their drug of choice will be met with a celebration of the new found freedoms and privileges, but possibly also by a lack of interest to fight to end the prohibition of all drugs. Indeed, further, it could give rise to a new momentum against ‘drugs’ or ‘hard drugs’ – as recently liberated cannabis users redefining themselves as herbalists or sensible recreational users of ‘soft’ drugs.
I want to see cannabis legalised and sensibly (rather than strictly) regulated – in a way that avoids the oppression inherent in prohibition, and in a way that avoids the commercial exploitation we’ve seen in tobacco and alcohol. However, this is not something we should do for one or two selected substances, while maintaining and uphold the madness of prohibition again others. I’m an abolitionist, and I want to see all drugs legalised and regulated – there is no place for law enforcement and prohibition, personal drug consumption is not an issue per se, and if it does become a problem it is a social and health issue not a police matter.
Selectively privileging particular drugs based upon their popularity, to join alcohol, caffeine and tobacco as commercial products is not the way forward, it’s simply an extension of the principles of prohibition. Granting pardons for particular drugs is a dangerous and uncertain pathway towards drug reform. Instead, we should challenge the very foundations of prohibition and fight for the decriminalisation of every drug as a first step towards a comprehensive process to abolition, once this is achieved we urgently engage in the difficult and complex process to explore how best to legalise and regulate all drugs.