I recently wrote about Johann Hari’s book Chasing
the Scream. It’s an unusual
thing for me to do to focus so much on another person’s work, and because I
enjoyed reading it and felt it had lots of important insights and stories, I
felt bad criticising it. But I’m about
to write about it again.
When I was reading the book, I folded down pages or
underlined sections that I thought were either interesting or misguided. Somehow, in my initial post, I missed one key
point, which I think is a slightly misleading claim about the potential of
legalisation of substances. I’m going to
analyse that, but then argue that nevertheless legalisation may be the right
policy.
So, what did I disagree with? Well, it’s not really Hari’s point; it’s a
commonly made claim about how prohibition increases the strength of the drugs. Hari refers to it as the ‘iron law’ of
prohibition. The point is that if you’re
having to smuggle things, then you want the most efficient way of doing it –
which in the case of alcohol means spirits rather than beer: a truckload of
whisky will satisfy more people than a truckload of beer. The same could be said of fentanyl today: it’s
so potent that it’s much easier to transport than heroin.
This argument is often trotted out by people
who want to legalise cannabis, noting that today’s cannabis (often questionably
referred to as ‘skunk’) is stronger than what used to be available 20 or more
years ago.
And yet whisky wasn’t created by prohibition, and hasn’t become
obsolescent in societies where alcohol is legal. Moreover, people didn’t just drink these
things neat; there
was a growth in cocktail recipes as people sought to mask the taste. The transport was separate from the
consumption.
And the ‘gin craze’, however accurate as a description of
drinking in 18th century Britain, wasn’t driven by prohibition but by availability
and affordability. Hari would also say
it was driven by the misery and dislocation of rapid urbanisation. As I wrote previously, we don’t need to – in fact
we shouldn’t – look for a single universal cause of substance use issues. There isn’t one.
In my original piece, I questioned Hari’s claim that ‘relatively
few of us want to get totally shit-faced’ (p.230), given the phenomenon of ‘determined
drunkenness’. Here, I want to stress
that associating the level of ‘problem’ with the ‘strength’ of a drug is
misguided. Does whisky lead to more problems
than beer? It’s hard to say. Certainly not everyone who drinks whisky gets
drunk, and it’s perfectly possible to get ‘shit-faced’ drinking only beer – I’m
living proof.
And if you’re looking for an efficient way to get ‘shit-faced’,
it’s not necessarily the ‘strongest’ drink that you choose, but often the
cheapest – like white cider, which is a creation not of prohibition, but our slightly
arcane tax system.
A clearer ‘iron law’ of prohibition for me wouldn’t be that
it creates the strongest or most dangerous drugs (tobacco and alcohol companies
are perfectly competent at that); it’s that the strength and general composition
of the drugs is uncertain.
I’m not saying that prohibition doesn’t sometimes increase
the strength of drugs, or at least limit our choices, but it’s not an absolute ‘law’
– whereas lack of information (which is a key cause of overdose) is.
Also, strength is not the only determinant of problems. If we’re talking drunkenness we can’t only blame
spirits. And if we’re talking violence, beer
is again often to blame. And we could
probably blame wine for a good number of ‘alcohol-related’ illnesses where
there has perhaps been very little violence or drunkenness, but the health
harms of alcohol have come home to roost.
And this gets us to something of a choice about prohibition
or legalisation. I don’t want to get
into the detail of the debate, partly because a lot of it is supposition, and
depends so much on what regime is introduced to regulate substances, what the
prior culture of the area is, and so on.
Not all countries that allow alcohol have the same levels of
alcohol-related harm – even if they have the same pricing and availability.
As always, I could focus not so much on how legalisation
would reduce harm for consumers, but for how it would be game-changing for
people involved in the production and distribution of drugs, where violence is
endemic and whole states have lost their monopoly on
the legitimate use of force.
And looking at the consumer side of things too, taking
the example of alcohol, we can suggest that there might be higher rates of drug-related
illnesses in the long term for consumers, but there would be less crime and
violence. Alcohol-related crime is
generally because people are drunk, but most drugs don’t tend to encourage this
– or there’s no reason they should. The
crime on the consumer side for these substances tends to be acquisitive to fund
drug use, but this doesn’t happen so much in relation to alcohol (particularly
not any more) now alcohol is, in relative terms, so cheap.
As
others have outlined, in order to ensure there is no black market, the legal
price for drugs needs to be relatively low, and of course a potential consequence
of that is use increasing, along with associated harm. That’s what we can see with the growth in
alcohol consumption in the UK from the 1960s to 2004. Various
factors combined to make alcohol consumption increase as it became more
acceptable, more affordable, and more available.
So is the price worth paying? Well, for me, as I’ve said, the benefits for
producer countries and those involved in the drug trade are clear. But for consumers and those around them it’s
potentially more of a mixed bag. But I’m
still prepared to say it’s worth it – just not because of the ‘iron law’.
Again, without going into the detail (other
people can do that better than me), I see this as a question of whether we
would prefer the situation today where for consumers and producers life is (to
quote another political theorist) nasty, brutish and
short, to the situation under legalisation where we’d probably see some
higher rates of chronic conditions such as cancer (which we’ve seen with increased
alcohol use). I’d prefer the latter.
That life is nasty, brutish and short for some people isn’t
the result of particular substances, even when they’ve been strengthened and
adulterated by prohibition. The nastiness
is the result of the wider structures, which can be changed.