Should drug use be legalised?

Dr Harshit Kukreja, research analyst

Forty years after criminalization of drugs, we are no closer to solving the drug crisis. According a 2019 report by the Government of India, about 2.8% of the population uses cannabis and about 2.1% of the country’s population use opioids such as Opium and Heroin. The drugs are here stay. We need to change our approach of tackling this crisis.

There are no clear definitions of what constitutes “drugs”. Everyone has their own definition based on their understanding. Some do it based on the usage of the substance, some do it based on the substance’s social acceptance or its harm potential. The definitions we currently use are arbitrary and inconsistent across the board.

Further in regards to addictive substances, there is a difference between decriminalization and legalisation. Decriminalization means removing any kind of penalties or punitive action on the consumption of drugs whereas legalization means that we legalize all aspects of drugs including consumption, manufacturing and distribution. Decriminalizing, as opposed to legalization, leaves a lot of its potential benefits unrealized.

Drug Criminalization leads to deterioration of public health, is a violation of the principle of liberty, increases criminal activity and robs the government of large tax revenue.

Public Health

Drugs when supplied illegally, are causing a lot more harm as compared to when they are regulated. In the case of regulated drugs, the consumer knows what he is getting his hands on and is assured of the quality and safety. As an example, In Bihar, where alcohol is banned, a lot of deaths occur due to spurious liquor, which can be prevented if alcohol is regulated.

When drugs are made illegal, the user also doesn’t have the option of getting help easily. Our present-day law focuses on punishment rather than rehabilitation. We want to take the “Harm Reduction” approach instead of punishment. After Portugal decriminalized drugs, deaths due to drugs have plummeted, HIV infections have drastically decreased while overall usage has remained the same.

Legalized drugs make research easier and lead to newer innovations that make them safer. Potentially when drugs are legalized, companies can focus on creating safer and less harmful drugs.

Liberty and Morality

Restricting drug use leads to restriction of liberty. The policy is paternalistic and dictates what you can and cannot do with your own body. The laws don’t take into account individual morality and ethics.

Notice that we allow people to take enormous risks when they engage in recreational activities that do not involve the use of drugs. Consider the risks of skydiving, skiing, or scuba diving. No one should be deprived of liberty unless there are excellent reasons to do so.

Furthermore, from a moral viewpoint, many things such as lying may be considered morally wrong but that does not mean, it should punishable under law (except in specific instances of contracts etc.). “Punishment is the most terrible thing that a state can do to its citizens” says Douglas Husak, an eminent legal philosopher. So, even though you could consider drug consumption as immoral, that should not be the reason to make them illegal and punishable by law.

Economics

Making anything with a demand, illegal, leads to black marketing. If legalized, the government can earn tax revenue from drugs. This money can be used for public services, rehabilitation and deaddiction of users.

Making drug production and consumption illegal leads to the rise of the parallel market which works outside the legal framework.

Crime

Consumers and manufactures often have to resort to violence to do their work and settle disputes. Legalizing drugs will lead to the dismantling of this criminal enterprise. Experience from Portugal supports this logic. Police now has more time to tackle other crimes and no longer go after consumers of drugs instead redirect their efforts to other high level crimes.

With our limited state capacity and ability to enforce, we should be very selective in what we choose to make into law and try to enforce. Narcotics Drugs and Psychotropic Substances Act (NDPS)

The current law in India makes personal drug usage a non-bailable offence and consumption of any narcotic drug or psychotropic substance, punishable by imprisonment of six months to one year or a fine of ten to twenty thousand rupees or both (even for the first offence).

Equating these crimes to consumption of drugs is not justified although, the act differentiates between small and large quantities, earmarking small quantities as the ones which will be used for personal consumption and larger quantities as for distribution.