“”If policymakers double down on the same prohibitionist policies they have employed for over 50 years, deaths from illicit drug overdoses will continue to rise. Doing the same thing repeatedly, with even more vigor this time, will not yield a different result,” Singer told lawmakers. “Prohibition makes the black market dangerous because people who buy drugs on the black market can never be sure of the drug’s purity, dosage, or even if it is the drug they think they are buying.”
Singer recommends ending drug prohibition to allow for a legal market that deals in products of known dosage and purity. A legal market won’t stop people from getting high, but it will end the escalation between punitive law enforcement on the one hand and drug innovation and potency on the other.
Short of legalization, the Arizona surgeon suggests lawmakers focus on eliminating laws that stand in the way of harm reduction, such as those that criminalize drug paraphernalia (driving users to share needles and diseases) and bar the distribution of drug test strips (rendering it difficult to identify drugs). Making naloxone available over-the-counter was a good step towards reducing deaths since it reverses the effects of opioid overdoses. That’s an approach that gets law enforcement out of the way rather than doubling down on failure.”
“It is important to keep in mind that Oregon’s Measure 110 did nothing to address the supply of illegal drugs, which remain just as iffy and potentially deadly as they were before the initiative was approved. Decriminalization was limited to drug users, and it was based on the premise that people should not be arrested merely for consuming forbidden intoxicants. This distinction between drug users and drug suppliers is similar to the policy enacted during Prohibition, when bootleggers were treated as criminals but drinkers were not.
Measure 110 changed low-level drug possession from a Class A misdemeanor, punishable by up to a year in jail and a maximum fine of $6,250, to a Class E violation, punishable by a $100 fine. Drug users who receive citations can avoid the fine by agreeing to undergo a “health assessment” that is supposed to “prioritize the self-identified needs of the client.” That assessment might result in a treatment referral, but participation is voluntary.
Despite the limited nature of Oregon’s reform, which was not designed to reduce the hazards posed by the highly variable and unpredictable composition of black-market drugs, Stephens thinks the fact that drug-related deaths continued to rise in Oregon shows that decriminalization has failed. “In 2019 there were 280 unintentional opioid overdose deaths in Oregon,” he writes. “In 2021 there were 745.”
Stephens neglects to mention that drug-related deaths rose nationwide during that period, from about 71,000 in 2019 to more than 107,000 in 2021. The number of deaths involving opioids rose from about 50,000 to about 81,000—a 62 percent increase.
To be sure, the increase in Oregon that Stephens notes was much larger. But how does it compare to trends in other jurisdictions that did not decriminalize drug use?
Between 2019 and 2021, Oregon’s age-adjusted opioid overdose death rate rose from 7.6 to 18.1 per 100,000 residents. California saw a similar increase: from 7.9 to 17.8. In Washington, the rate likewise nearly doubled, from 10.5 to 20.5. And even in 2021, Oregon’s rate was lower than the national rate (24.7) and much lower than the rates in states such as Connecticut (38.3), Delaware (48.1), Kentucky (44.8), Maine (42.4), Maryland (38.5), Tennessee (45.5), Vermont (37.4), and West Virginia (77.2). On its face, this does not look like evidence that decriminalization is responsible for Oregon’s continuing rise in opioid-related deaths.*
While Measure 110 does not seem to have caused an increase in drug-related deaths, it manifestly did not prevent that increase.”
…
“a heavy drug user who steals to support his habit is not immune from criminal penalties. It also means the government can justifiably regulate what drug users do in public, where their actions might offend, incommode, or alarm people who have an equal right to use sidewalks, parks, and other taxpayer-funded facilities. Although Stephens implies otherwise, eliminating criminal penalties for drug possession does not require tolerating public drug use, defecation, or blowjobs.”
“From the perspective of drug traffickers, fentanyl has several advantages over heroin. It is much more potent, which makes it easier to smuggle, and it can be produced much more cheaply and inconspicuously, since it does not require opium poppies. Xylazine has similar advantages: It is an inexpensive synthetic drug that can be produced without crops. And unlike fentanyl, it is not classified as a controlled substance, which makes it easier to obtain.
American drug users are not clamoring for xylazine in their fentanyl, any more than they were demanding fentanyl instead of heroin. The use of such adulterants is driven by the economics of prohibition. And as usual with illegal drugs, consumers do not know what they are getting. Whether it is vitamin E acetate in black market THC vapes, MDMA mixed with butylone, levamisole in cocaine, or fentanyl pressed into ersatz pain pills, prohibition reliably makes drug use more dangerous.
Much to the dismay of veterinarians, drug warriors alarmed by tranq have proposed treating xylazine as a controlled substance. As usual, they think the solution to a problem created by prohibition is more prohibition.”
“When governments try to stop people from consuming politically disfavored intoxicants, they make consumption of those substances more dangerous by creating a black market in which purity and potency are highly variable and unpredictable.”
…
“Iran’s ban on alcohol consumption by Muslims forces drinkers to rely on illicit sources that sell iffy and possibly poisonous liquor. In a legal market, people who buy distilled spirits do not have to worry about methanol contamination.”
…
“Fentanyl is much more potent than heroin, so it is easier to smuggle, and can be produced much more cheaply and inconspicuously since it does not require opium poppies. Xylazine has similar advantages: It is an inexpensive synthetic drug that can be produced without crops. And unlike fentanyl, it is not classified as a controlled substance, so it is easier to obtain.
The emergence of fentanyl as a heroin booster and substitute made potency even harder to predict. The consequences can be seen in record numbers of drug-related deaths.
The government aggravated that situation by restricting the supply of legally produced, reliably dosed opioids, which drove nonmedical users toward more dangerous substitutes and left bona fide patients to suffer from unrelieved pain.”
“Drug prohibition sows the seeds of its own defeat by creating a highly lucrative and resilient black market that is always adjusting to enforcement efforts. When police arrest a drug dealer, someone else takes his place. Even dismantling an entire trafficking operation does not have a substantial and lasting impact on retail prices or consumption because it creates opportunities that other organizations are happy to seize.”
“It has been more than two years since New York notionally legalized recreational marijuana, and things are not going quite as planned. “Although Gov. Kathy Hochul suggested last fall that more than 100 dispensaries would be operating by this summer,” The New York Times notes, “just 12 have opened since regulators issued the first licenses in November.”
Part of the problem, as you might expect, is red tape and bureaucratic ineptitude. But another barrier to letting licensed marijuana merchants compete with the unauthorized vendors who have conspicuously proliferated since the spring of 2021 is the state’s affirmative action program for victims of pot prohibition.
New York, like several other states that have legalized marijuana, mandated preferences for license applicants who suffered as a result of the crusade against cannabis. While that idea has a pleasing symmetry, it never made much sense as a way of making up for the harm inflicted by cannabis criminalization. And in practice, executing the plan has drastically limited the legal marijuana supply, making it much harder to achieve the state’s avowed goal of displacing the black market.
To be clear: I don’t think people with marijuana convictions should be excluded from participating in the newly legal market, a policy that would add insult to injury. But that does not mean they should have a legal advantage over cannabis entrepreneurs who were never arrested but might be better qualified.”
…
“New York reserved the first batch of up to 175 retail licenses mainly for people with marijuana-related criminal records or their relatives. Those applicants needed to show they had experience running a “profitable” legal business in the state. Nonprofit organizations with “a history of serving current or formerly incarcerated individuals” also were eligible, provided they had “at least five full time employees,” “at least one justice involved board member,” and a track record of operating “a social enterprise that had net assets or profit for at least two years.” Another requirement was demonstrating “a significant presence in New York State,” which led to litigation and a temporary injunction against issuing retail licenses in five areas of the state.
Satisfying the state’s criteria required “a lot of documentation,” Bloomberg CityLab reporter Amelia Pollard noted last fall, which gave New York’s Office of Cannabis Management (OCM) “a mound of paperwork to wade through.” As of November, the OCM had received more than 900 applications from would-be marijuana retailers. On November 20, it announced that it had granted 36 “provisional conditional adult-use retail dispensary licenses” to individuals and organizations.”
…
“The approved retailers are far outnumbered by unauthorized vendors, many of whom openly sell marijuana from storefronts, trucks, and tables, unencumbered by the state’s licensing requirements, regulations, and taxes. Yelp’s list of the “best recreational marijuana dispensaries” in New York City includes 90 outlets, only a few of which are blessed by the OCM.”
“even if large majorities shared the pro-life view, anti-abortion laws are still very different from laws against murder in an important respect. When there is such deep, sincerely held disagreement about matters of such personal import, when hundreds of thousands of women every year personally weigh the factors and decide that an abortion is the right choice, that is a signal that new prohibition regimes will be extremely costly, and perhaps ultimately unjustifiable. Not everything bad must be banned. In the last three decades, abortions have fallen precipitously, from a high of 1.4 million in 1990, even as the law has remained largely unchanged, suggesting that even those who believe abortion to be a moral nightmare have other options at their disposal and that those other tools were working. We should seriously consider whether the outcomes are better all around if governments leave it to individuals to persuade each other, help each other, and talk to each other.
To do that, Americans need to be able to speak freely about abortion. They will need to share information about how abortions work and who gets them. And they’ll need to do that in broad daylight, so that bad information doesn’t go unchecked. This will be more difficult in states that choose more draconian criminalization regimes.”
…
“As with other prohibitions, poor people and minorities will suffer most. People without resources in states with harsh restrictions will carry unwanted babies to term and, if current trends hold, they will most often keep them despite financial or personal difficulties they will face in doing so. Wealthy women will be able to travel to get abortions, and they will be able to hire lawyers to get them out of trouble when they get caught. In those cases, the new laws won’t stop those women from getting abortions; instead they will simply get abortions secretly, unsupported, at greater expense, and far from home.
It’s been a while since first-trimester abortions were illegal anywhere in the United States. But we have spent the decades since Roe experimenting with all kinds of other prohibitions, and all we have for our trouble is a trail of death and destruction.”
“The federal government’s decadeslong war on marijuana, one of the most life-mangling policies ever enacted, could be ended with a single sentence: The Controlled Substances Act shall not apply to marijuana.
Put it in a bill, vote on the bill, pass the bill, sign the bill, done. Much of the federal government’s drug war law enforcement machinery would grind to a halt. No legislative horse-trading, no Christmas tree–style gifts to favored constituencies, no giving old bureaucracies new responsibilities. Just the simple and urgent removal of the legal justification for grievous government harm.
This elegant approach, redolent of the 21st Amendment’s repeal of federal alcohol prohibition, is untenable to big-government lifers like Senate Majority Leader Chuck Schumer (D–N.Y.), as Jacob Sullum has repeatedly detailed in these pages. But it’s the shortest line to a point where a supermajority of Americans want policy to be. And it’s a template that could and should be used, at every level of government, by every flavor of politician.”
“Supporters of the ban on menthol cigarettes that the Food and Drug Administration (FDA) proposed today say it is “a racial justice issue.” They are right about that, but not in the way they mean.
What they mean is that 85 percent of black smokers prefer menthol cigarettes, compared to 30 percent of white smokers. “The number one killer of black folks is tobacco-related diseases,” Phillip Gardiner, a tobacco researcher and activist, told Slate’s Julia Craven after the FDA announced plans for the ban last year. “The main vector of that is menthol cigarettes and flavored cigars.”
The FDA’s proposed rule would ban both, which the agency says will “address health disparities experienced by communities of color.” Action on Smoking and Health welcomed the FDA’s ban, calling it “a major step forward in Saving Black Lives” and averring that “menthol advertising violates the right to health of Black Americans.”
Although menthol and nonmenthol cigarettes pose similar hazards, the FDA says menthol makes smoking more appealing and harder to quit. As Guy Bentley, director of consumer freedom at Reason Foundation (which publishes this website), noted this week, the evidence on the latter point is mixed. But even if it were clear that menthol smokers are less likely to quit, that would not necessarily mean menthol cigarettes are inherently more “addictive.” That debate tends to obscure the tastes, preferences, personal characteristics, and circumstances that are crucial to understanding why some people never smoke, some start but eventually quit, and others continue smoking.
As the menthol ban’s proponents see it, even the choice to start smoking is not really a choice, because consumers—in this case, black consumers in particular—are no match for Big Tobacco’s persuasive wiles. Gardiner cites the industry’s history of “predatory marketing,” while the anti-smoking Truth Initiative condemns “relentless profiling of Black Americans and vulnerable populations” by brands like Kool, Salem, and Newport.
That’s one way of looking at it. Here is another: The federal government is targeting the kind of cigarettes that black smokers overwhelmingly prefer, precisely because black smokers overwhelmingly prefer them. The FDA also worries that menthol cigarettes appeal to teenagers, another “vulnerable population.” Public health officials are thus treating African Americans like children in the sense that they don’t trust either to make their own decisions.
“The proposed rules would help prevent children from becoming the next generation of smokers and help adult smokers quit,” says Secretary of Health and Human Services Xavier Becerra. “Additionally, the proposed rules represent an important step to advance health equity by significantly reducing tobacco-related health disparities.” The FDA notes “particularly high rates of use by youth, young adults, and African American and other racial and ethnic groups.”
The federal government is implicitly denying the moral agency of black people, suggesting that they, like adolescents, are helpless to resist the allure of “predatory marketing” or the appeal of menthol’s minty coolness. In the FDA’s view, persuasion is not enough to break Big Tobacco’s spell; force is required.”