A Dopey Approach to Drugs Law
Government’s Dopey Approach to Drugs Law
I really wish members of parliament would smoke cannabis more often. It would be great if we could sit down and watch the news one day to hear the words, “well folks, we’ll rejoin the presentation of the Budget just as soon as Gordon Brown stops his bout of uncontrollable giggling,” or, “we’ll resume Prime Minister’s questions just as soon as the MP’s come back from their munchies break,” and even, “well, it seems as though the leader of the opposition has fallen asleep.” Unfortunately, not everyone is happy to make light of this, or any, drug.
Not so long ago Cannabis was downgraded from class B to class C, which meant that possession was no longer an arrestable offence. However, the Government would like a review of this decision in the light of “mounting scientific evidence” that cannabis is actually much more harmful than originally thought. Charles Clarke, the Home Secretary, has ordered the Advisory Council on the Misuse of Drugs to review its conclusion that high cannabis use was not associated with health problems, a conclusion on which the decision to downgrade was based.
Two recent studies have suggested that cannabis leads to an increase in mental health problems, (which makes it a little like socialism, eh?). In one study Professor Jim van Os, of Maastricht University, concluded: “Cannabis use moderately increases the risk of psychotic symptoms in young people but has a much stronger effect in those with . . . predisposition for psychosis.” The study found that of 2,437 people aged between 14 and 24 half of those who were psychologically vulnerable and smoked cannabis developed psychotic symptoms over a four-year period. This was twice the rate among those who did not use cannabis. In a second study Professor David Fergusson, of the University of Otago, concluded that, “there was a clear increase in rates of psychotic symptoms after the start of regular use, with daily users of cannabis having rates over 150 per cent those of non-users”. In the journal Addiction, Professor Fergusson wrote: “These findings add to a growing body of evidence from different sources, all of which suggest that heavy use of cannabis may lead to increased risk of psychotic symptoms.” [Emphasis mine]
Many have welcomed Charles Clarke’s decision. Professor Robin Murray, a consultant psychiatrist at the Institute of Psychiatry at King’s College London, said: “Anybody who knows anything about this subject will be pleased. The council’s original decision was based on research conducted in 2001, but there have been six studies since then showing a clear link between prolonged cannabis use and psychosis.”
Despite my shameless arrogance, I don’t intend to challenge scientists on the science. My only question in passing is to ask how we actually know that cannabis leads to mental health problems rather than the other way around: people with deteriorating mental health are more likely to take up using a drug like cannabis because it numbs pain and brings short-term relief for many symptoms of mental health defects. It always strikes me how a statistical correlation between A and B leads us to conclude, a little too easily in my opinion, that A causes B. It smacks of the old “correlation = causation” fallacy.
Anyhow, despite my normal desire to inflict serious damage on my opponents, preferably with thumb screws and piano wire, I intend simply to be as nice to my opponents as possible by granting that cannabis, and other drugs, do indeed lead to a deterioration in the mental health of the user. So, where to next?
The argument that sits festering in the minds of people like Charles Clarke and representatives of Mental Health charities is this: drugs generally, and in this case cannabis, lead to an increased risk of mental health problems. Therefore, government should ban them and clamp down strongly on drug possession and use. It’s a popular political argument: if it’s bad for people then it should banned. But, there is a hidden premise in the argument, which is: whatever leads to an increased risk of mental health problems should be banned by government, or, more generally, if something is bad for people then it should be banned. This is the big unstated assumption. The correct response is to ask “why?” Why should government ban something that may lead to an increased likelihood of mental health problems? What justifies this notion? It’s classic “save you from yourself” mentality, a gross example of how government attempts to nationalise the life of the individual. The fact of the matter is that it should be up to each individual what they do with their own body and life. How is government interference justified?
WHAT ABOUT THE KIDS!!!
Yup. The infamous “argument from the kids” strikes again. The kids will be adversely affected if cannabis or other drugs are legalised, won’t they? Well, not obviously. If any parents are reading then they should realise that their teenage son or daughter has probably already experimented with a substance that is either illegal generally or at least for under 18’s. Banning will not decrease use. It never has. All it does it make use more dangerous. Criminal gangs have a monopoly on illegal substances, and do you really think that your local friendly drug dealer gives a shit about the levels of rat poison in an ecstasy tablet? Legalising drugs helps to remove them from a deeper criminal underworld and allows legitimate companies and business selling the drugs to build up a good reputation for the quality of their product, thus making drugs far safer. In any event, I always found the argument that adults should be banned from something because adolescents might get caught up in it to be a rather curious one that rarely leads to calls for the banning of alcohol, pornography, gambling or sex. I certainly agree that minors should be prohibited from purchasing drugs or alcohol. However, this does not mean banning the entire adult population from using these things. Alcohol laws allow adults to make choices about going out for a drink or purchasing alcohol. There is no reason why we can’t have a similar approach with regards the use of cannabis or other drugs.
Many people will undoubtedly have problems with my individualistic approach to this question. The central objection is that drug users put an extra strain on the National Health Service, and since we all pay for it we are all affected by someone else’s supposedly private and personal decision to take drugs. Doesn’t this justify the banning of cannabis? If it does then, to be consistent, we need to look even further than cannabis. We need to look at every single case of self-inflected injury and illness and at every single activity that causes, or increases the likelihood of, some form of ailment: smoking, drinking alcohol, playing football, mountain climbing, eating hamburgers, having sex, sun bathing, sneezing in public, crossing the road, driving a car, owning a pet, watching television, or leaving your house in the morning, to name but a few of the many activities that increase the likelihood of certain unsavoury things happening: lung cancer, liver disease, heart attack, stroke, falling off a cliff, spreading TB, knocking down a pedestrian, getting obese.
The fact of the matter is that this is not really a good argument in favour of drug prohibition. What it actually provides is a strong argument against the existence of a National Health Service. If we are to have an NHS we need to bite the bullet and treat all people on it no matter how they have been injured or made sick. That’s simply the price we pay for it. But, a system of private care would be so much better. It would mean that each and every individual is responsible for their own choices and the consequences of those choices. Conditions and ailments caused by cannabis use are therefore of no issue to anyone but the user in question, since no one but him or her must pick up the tab for the treatment if he or she has no medical insurance. In fact, a private system of health care might be better at making people quit such activities, since insurance premiums for some people might be far higher or even difficult to get at all. A private system of health care would certainly remove a central plank in the position of control freaks who want to interfere in the lives of other people, and that is a prize worth striving for in the fight for continuing freedom, liberty and personal responsibility.
Since government is unlikely to adopt a libertarian philosophy any time soon, perhaps I could suggest a compromise. A better approach to drugs law would be to completely legalise drugs and thereby hand the market over to reputable and accountable companies. Government could then impose a tax on drugs and use the money raised to treat those who damage their health and to clamp down on those who sell drugs to minors. This would mean that only those who use drugs pay for any damage caused, while shifting more responsibility on to individuals to make their own decisions and choices. If government reckons that it can help to inform people about the relative dangers of each drug then it could continue to finance and publicise research, as it has been doing (although given the amount of privately funded research this should be questioned).
Such an approach is far from perfect from a libertarian perspective, but it’s a decent step in the right direction.
Stephen Graham (B.Th Hons)