From: Christopher B Reeve <[cr 39] at [andrew.cmu.edu]> Organization: Sophomore, Electrical and Computer Engineering, Carnegie Mellon, Pittsburgh, PA "Almost every social problem (especially crime) is portrayed as and perceived of as a drug problem. Almost every homicide, every assault, and every robbery is now presented in the media as drug-related. Newspaper stories contain estimates by various government officials of the amount of crime that is drug-related. Almost never, however, is the concept of drug-related crime defined. There is no uniform definition of drug-related crime among criminal justice agencies or researchers, much less among those in the media. Its increasing application is a reflection of the moral panic that has been manufactured over illegal drugs and the desire to write off profound social problems as problems of drug use and trafficking. In one study, for example, researchers seeking to probe the lack of definitional clarity noted that a crime might be considered drug related if arresting officers suspected the perpetrator or victim of being involved with drugs [Ryan, Patrick J., Paul J. Goldstein, Henry H. Brownstein, and Patricia A. Bellucci. (1989). Drug-Related Homicides, New York City, 1988. Paper presented at the annual meeting of the American Society of Criminology, Reno, Nevada.]. Through the label of drug-related crime, the survival strategies of the marginalized and their violence, desperation, and alienation have been redefined into a contemporary version of 'reefer madness.'" (Christina Jacqueline Johns, Power, Idealogy, and the War on Drugs: Nothing Succeeds Like Failure, 62) Drugs and The Public "First, by being greatly concerned about the potential danger of drugs, Mr. Fry [the typical anti-drug advocate] is protected personally against drug-taking, alerted to the use of drugs by those close to him, and predisposed to support antidrug measures. These are the manifest functions of his concern. Teh latent functions are to reinforce his desire to resist the temptation to take drugs and to be a 'good' person. But the depth of his desire to maintain the status quo reaches into unconscious levels, and has driven Mr. Fry, normally a reasonable man, into regarding the marijuana smoker whose only crime is his use of the drug as a dangerous criminal. By censoring material that conflicts with his views, Mr. Fry minimizes the internal conflict that would arise were he to take note of all the information available to him. We know enough about nonmedical drug use to make Mr. Fry and the others we interviewed uncomfortable if they were to acknowledge all the facts. Second, our vision of ourselves as upright and capable of judging is reaffirmed vis-a-vis drug use, and this strengthens our resolve to maintain the status quo. Mr. Fry, for example, on the subject of drug use felt on firm ground in an insecure world. He was keenly aware that he had done little to make the world a better place for his children, and his guilt about this immobilized his wish to control the younger generation. However, when it came to drugs, he knew what was right. His desire to protect the kids from themselves made him certain of is position, exorcised his guilt, and permitted him to feel perfectly justified in his wish to control. These are the manifest functions. Mr. Fry is unaware of the latent function, by which his veyr rwillingness and power to judge the drug user affirms the uprightness of him who judges. The myths about drug use that Mr. Fry clings to - such as htat of an inevitable drug progression - permit him to retain his sense of righteousness." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 50 - 51) "In order to feel useful and beneficient when they enforced the laws, they felt that drug use had to be seen as bad for society. To deal with drug use directly and unequivocallyl, while mantaining their own self-respect, the olice had to eschew all doubts on this subject." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 51) "Third, we must remember that the very idea of following unfamiliar throught patterns can be threatening; by deterring most people from reexamining controversial and complex issues this, too, serves to maintain the status quo." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 51) "Public attitudes toward drug use have a second function: that of defining evil. We need evil in order to define good, and we love evil with a truly ambivalent love. Our interviews illustrated real and practical ways in which drug users have served this semimystical need. Deviants have always been used to define the boundaries of the socially acceptable, and until recently few people, including users themselves, protested against drug users as the epitome of all that good people didn't want to be." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 53) "The doctors see nonmedical drug use as a direct threat to their professional role, and therefore do not distinguish among drugs. This enables them to draw a line against people who use drugs other than under medical auspices, which then includes anyone who believes in self-medication. The drug user epitomizes the diregard of medical sanctity so thoroughly that he makes it easy to state the virtue of medical supervision." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 54) "It's threat, as well as its capacity to stir up unconscious conflict, is dulled because we have so often watched other people take the trip and emerge unscathed. We do not have the same comforting familiarity with drugs. Howard Becker suggests that when responses to marijuana and LSD are more thoroughly known, the secondary anxiety associated with them will vanish. There is evidence to bear him out; in the last six months of 1967 admission to the Massachusetts Mental Health Center or Bellevue for bad psychedelic trips ran approximately 10 percent a month; in the last six months of 1969, there were only three such admissions. There were probably many more bad trips during that period, but the sufferers knew what was happening and could wait it out. Familiarity can help one to deal with the common human fear of being overwhelmed by one's passive desires. But it will take some time for this familiarity to develop, and (if this psychoanalytic exlanation holds) until the defensiveness relaxes, we can expect all the mechanisms just described to continue; the fear of passivity, of mental disorganization, and of solitary and unfamiliar activities." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 56 - 57) "In the present social setting, where drug use is labeled criminal and drug users deviants, subcultural responses - such as anger, exhibitionism, alienation, anxiety, the desire to be different - are stimulated. Often it is hard to tell which is part of the new consciousness and which is in response to social persecution. All we can do is to remember that such a difference exists. Then we will not dismiss new insights because they are clothed in revolutionary rhetoric or polemic; nor will we uncritically accept loose allegations and utopian visions merely because they come from alleged spokesmen for the wave of the future." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 76 - 77) "These reports are, of course, subject to all the frailties of a person's evaluaation of his own motives. Nonetheless, if believed, they show that some of the non-users had abstained because they were morally opposed to the use of any intoxicants; some because they feared the effects of marijuana; some because they had 'better things to do' with their time; some because they were afraid of something that might reduce their resolve to give up cigarette smoking; some because they hadn't gotten around to using hte drug; and finally some, a very few, because they did not know where they could obtain the drug without too great a risk of apprehension. In a sample of students at Cal Tech, fewer than twenty percent of the non-users of marijuana regarded the law as a major reason not to use the drug. Of these, eleven percent stated that they wished to avoid the risk of legal or security-clearance problems, while eight percent as a matter of principle wished to avoid doing what was illegal." (Kaplan, John. Marijuana: The New Prohibition. New York and Cleveland: The World Publishing Co., 1970, p. 324) "One way of putting oneself into the position of the potential offender is to translate the abstraction of such terms as 'opiate addiction,' 'marijuana use,' 'homosexuality,' into the reality of an already experienced everyday behavior. For example, the lawmaker might ask himself how he would respond to penal sanctions forbidding the smoking of cigarettes, the drinking of coffee, sexual orgasm, or any other commonly practiced activity which, if 'excessively' indulged in, might lead to social and personal harm." (Skolnick, Jerome. "Coercion to virtue," 41 University of Southern California Law Review, 624 (1968)) "One function of laws against the use and possession of drugs is that they publicly sanciton the feeling of most people that drug use is morally wrong, even when no one is hurt. John Kaplan, an advocate of marijuana reform, has articulated this feeling: 'Like many Americans of my generation, I cannot escape the feeling that drug use, aside from any harm it does, is somehow wrong.' Professor Kaplan, however, was able to separate his moral views from his legal judgment. Since the marijuana laws created heavy burens for the legal system, he urged that penalties be dropped. Most people, however, are unable or unwilling to keep law and morality distinct. If drug use is wrong, they reason, it is perfectly natural to have the law express that judgment and punish the immorality when it occurs. Indeed, the need to enshrine moral sentiments in the law often obstructs the desire to lessen the damage from drug use." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 190) Drug Laws and Legalization "The we-don't-know-enough-now argument is deficient in several respects. Perhaps the most important is its confusion between harmfulness and legality. Even if all the evidence were in, the question of whether personal use and possession of a drug should be criminal would still be open. While this subtlety has not been missed in the case of cigarette smoking, most people hav e great difficulty in separating the two questions where other drugs are concerned. The more-research-before-change posture also assumes that given a little more time, modern science can come up with the desired answers. In a world where the obstacles to definitive research described later in this chapter did not exist, this argument would still be unconvincing. Usually it is lack of knowledge of long-term social, psychological, and physical effects that is used as a basis for caution. Yet it is precisely knowledge of those effects that is out of reach at the moment. Indeed, if ever we can with assurance pinpoint the long-term effects of drugs, it will be a generation too late to resolve the dilemma now confronting us. Finally, the proponents of caution tend to overlook the vast body of knowledge concerning the effects both of drugs and of the laws regulating them that now exists. Thousand of years of opiate, cannabis, and hallucinogen use have left us with considerable, albeit rough, knowledge about their effects. A surge of research and increased knowledge in the past thirty years enables us to say some important, if not definitive, things aobut drugs. Even more important, over fifty years of experience with police control of drug use has demonstrated the ill effects of an unbalanced, overly moralistic approach. Although we cannot scientifically asser that marijuana smokers some thirty years from now might contract some unknown ill, we do know that the drug laws are ineffective, costly, unjust, and unnecessary in dealing with problems of drug misuse." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 88 - 89) "One more development - and one of the saddest - that indicates that differences in national character amount to less than might have been thought is the changing attitude toward the police. Alan Brian, in an essay in the New Statesman called 'From Bobby to Fuzz,' outlined the changing attitude of the British public, particularly the young, toward the police. It indicates that once search and seizure laws are adopted and differential law-enforcement procedures become frequent, even a mutual trust as strong as that between the average Britisher and the bobby can break down. Cannabis bedevils British society and its most trusted social institutions in much the same way marijuana has the United States." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 163) "The most basic flaw in a system that penalizes without regard to harm every act of use or possession is its clash with the fundamental safeguard of Anglo-American juriprudence that only the occurrence and not the potentiality of harm be penalized. The vast majority of criminal statutes act post facto - they penalize conduct after it has caused injury. A system whereby an intention to steal, say, was made a crime might, assuming detection of intentions were possible, be an efficient way of preventing theft. Yet the price of such efficiency would be the nightmare of thought conrol, and the injustice of arresting people who, despite their intention, never actually do steal." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 169) "The legal policy of penalizing all drug use and possession has not resulted from clear and convincing evidence that drug use is damaging, and that the damage can be best prevented by criminal law. Accident, distortion, or disregard of information, and an almost naive acceptance of any charge about the evil of drugs, dominate the lawmaking process." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 177 - 178) "It is fair to say that one of themmost serious deficiencies of the American Legislative process is the failure to provide machinery for the routine collection of data adequate for evaluation of existing regulatory measures and consideration of new proposals. Nowhere are the consequences of these deficiencies more serious than in the area of narcotics control. For two generations we have engaged in a program of penal regulation profoundly affecting the lives and liberties of persons and involving public interests of greatest importance without reliable data on a host of matters indispensable to any sound audit of what we have been doing and to what we should be doing." (Francis Allen, Michigan Law School dean, excerpted from Wilner, Daniel, and Gene Kassebaum, eds. Narcotics. New York: McGraw-Hill, 1965, p. 33) "A British law passed in 1967 to restrict the prescribing of heroin to addicts by hospital clinics also required statistics on the addict population, to give a clear picture of the epidemiology and incidence of heroin use and provide a benchmark to assess policy. In the United States, despite chronic alarm over the existence of addicts, the total number of addicts remains a mystery. We cannot even say accurately that there are more heroin adicts now than there were ten years ago." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 188) "The strength of these feelings was evident in the reasoning of the lower court in the Leis case, which found marijuana to be harmful because, among other things, it causes 'a euphoric and unreal feeling of exhilaration ... an abnormally subjective concentration on trivia' and leads 'the user to lose perspective and focus his attention on one object to the exclusion of all others.' such reasoning does not spring from a rational assessment of tangible injury to user or others. It rests on a subjective feeling that pleasure, contemplation, and inactivity for their own sake cannot be worthwhile, and are thus wrong. It is not immediately apparent why the psychic states attained through drugs are undesirable. Even the bluest Calvinist knows some pleasures. If the court just quoted were consistent, it would permit laws banning telvision, van Gogh paintings, flowers, prayer, and mountain views. Indeed, such mental states are in some sense enjoyed and sought by us all. When they occur, they enrich our lies and are satisfying. Postindustrial society surelly can survive without the same instinctual renunciation necessary in a frontier or developing culture. Indeed, as many historians have noted, we have left behind the era of production adn moved into an era of consumption, with increased leisure for all, and a shifting attitude toward hedonism." (Norman E. Zinberg and John A. Robertson, Drugs & The Public, 192) -- "Freud was convinced that 'the voice of the intellect will be heard.' But no one understood better than he that if reason is to triumph, it has to sound above the clamor of conflicting emotion and the roar of primitive desires." (Zinberg and Robertson, _Drugs & The Public_, 242)