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Public opinion about drug use and drug abuse is difficult to ascertain. It would be completely impossible to live in an entirely drug-free society in that drugs help alleviate pain and misery, correct organic and social dysfunction, and treat disease. And yet, drug use and abuse can serve to create some of the very conditions that drug therapy seeks to control. Drugs create disease, damage organs and tissue, engender social and psychological problems, and create physical and interpersonal pain. Furthermore, drug use and abuse creates, at the social level, crime and criminal activities that the non-drug-abusing members of society deem unacceptable. The use of many drugs represents a crime, irrespective of the individual or social harms done by the drug or by the person under the influence of the drug. So why then is there such considerable and constant interest in the idea of drug legalization?

Historically, the topic of drug criminahzation and drug legalization has emerged several times. Usually, the discussion about criminahzation occurs when there is something else happening in the society that is related to drug use and the public believes (perhaps wrongfully) that criminahzation will solve the problem. Sometimes the criminalization helps, sometimes there is no noticeable or immediate effect, and sometimes the criminalization creates more problems; discussion then ensues regarding undoing the criminalization. Usually, this discussion centers either on a cost-benefit analysis of the laws or on the morality of drug use and the idea that it should remain illegal, regardless of the costs.

History

In 1914, the United States sought to control what was perceived as a growing threat to society by limiting access to cocaine, allowing it to only be obtained through a prescription offered by a health professional. In 1919, this act, known as the Harrison Act, was amended to make all distribution of cocaine illegal. In the same period, alcohol was outlawed through the Volstead Act, a prohibition that lasted until 1933.

Supporters of drug legalization cite multiple examples of miscarriages of justice and ask pointed questions in an attempt to show the illogical nature of drug laws and drug law enforcement. For instance, why was alcohol banned and not other addictive substances like tobacco? Why do similar substances, for example, powdered and crack cocaine, carry different punishments? These advocates of drug legalization are quick to point out that crime rates dropped dramatically after the approval of the 21st Amendment, which repealed the Volstead Act in 1933.

Current Issues

Even the most ardent supporters of drug legalization do not support the total and complete removal of all controls on drug use and possession. Juveniles and others who lack mature reasoning skills must be protected, but limited drug legalization could yield social and economic benefits far beyond the risks and costs to society. There is a great deal of drug use in society, and the majority of these users are adults who use these drugs for purely recreational purposes. This use does not generate thefts or robberies, it does not result in children being abused or neglected, and it rarely serves the interest of the justice system. In the 1970s, recreational drug use was treated with benign neglect by the justice system, and the majority of society had no problem with this unofficial policy.

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