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Why Haven't Drugs Already Been Legalised?
The most difficult and sobering conclusion arising from how the “War on Drugs” has panned out so far might well be that drugs have won.
This graphic from the 2021 Global Commission on Drug Policy (pdf p19) neatly summarises the “drug policy spectrum”. The UK is currently at the prohibition end.
Drug liberalisation would be one of the biggest social and public health policy changes ever. Therefore it’s presents a huge a risk to politicians, rely on being in step with public opinion – not “doing the right thing” or “following the evidence” – if they want to stay in elected roles.
Drugs have become synonymous with crime and are seen as a “scourge on society”. They’ve also provided media outlets with headlines and police forces with good PR tackling it. To suddenly do an about-face on that conventional wisdom would be a dive into uncharted waters and our political system and media cycle aren’t equipped for it.
Nothing good can come from giving people free access to something that damages their bodies. So the best option is to restrict (or criminalise) certain behaviours for the good of the community as a whole. While this is coming from the right place – wanting to improve people’s standard of living and quality of life by using “nudge and nag” to change behaviours – it’s also high-handed.
It’s something we’re used to in Wales because paternalism is a core part of Welsh Labour’s ethos. It’s the same line of thinking that’s led to public smoking bans (IndyWales, Smoking & Vaping), minimum unit pricing for alcohol (IndyWales & Alcohol), as well as early moves to restrict vaping and free soft drink refills.
So it’s not a bad argument. However, you have to ask whether leaving drugs in the hands of a criminal black market does more harm than a properly regulated market.
Partaking in conscious-altering activities for pleasure is frowned upon by social conservatives who expect all of us to live by a strict moral code of conformity.
There are exceptions to this, including activities that are accepted within a “traditional”, controlled environment. So getting drunk at a pub is acceptable because it’s something that’s “always happened” and is a part of mainstream culture. Zoning out on magic mushrooms in the middle of a field isn’t.
When middle-class celebrities, politicians and members of the royal family admit to using drugs, it’s often greeted with a sense of bemusement. Yet at the same time, the fact they’ve had to involve themselves with criminals to get hold of Class A drugs is conveniently glossed over.
So to “get away” with drug use you have to carry yourself well, be middle-class, wealthy (probably famous too), “creative” and well-educated. A similar leeway isn’t afforded to the rest of us; even less so if you’re unfortunate enough to be the “wrong colour”, have the wrong accent or didn’t attend a red-brick university.
Is drug use only permissible when the elite want to be naughty? Are those at the top of the social hierarchy worried that drug liberalisation would lead to the lower orders running amock because they “can’t handle it”?
Case Studies
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Uruguay became the first nation-state to legalise cannabis in 2013, passing a law which allows Uruguayan citizens to buy 40g of cannabis a month – initially from state-regulated and controlled dispensaries, but later expanded to include licenced pharmacies.
From what I can tell, 40g is enough for around 80 joints. In addition to licensing for agricultural production, people are also allowed to grow a limited number of cannabis plants at home for personal consumption (as long as they sign a state register).
A 2020 study1 found no significant impact on cannabis use or risk amongst teenagers in Uruguay since legalisation. A further study2 suggests legalisation resulted in citizens turning away from the illegal market and low-quality cannabis products. However, it didn’t eliminate the black market due, reportedly, to the low levels of THC allowed in state-regulated cannabis.
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Medicinal cannabis has been legal in the US state of Colorado since 2000. In 2013, a referendum on the legalisation of commercial sale of cannabis to the public was approved by 55.2% to 44.7%.
As with Uruguay, people can cultivate a limited number of cannabis plants for personal use and the agricultural production of cannabis is strictly regulated. New rules were also brought in concerning public consumption, which are similar to those for drinking alcohol in public.
Colorado sets an excise duty and sales tax. This has raised $2.3billion (£1.8billion) as of 2023 since legalised sales began in 2014. Since Colorado’s legalisation, up to 20 other US states have legalised cannabis for public sale with more proposals in the pipeline.
Legalisation has increased road accidents where the driver tested positive for cannabis, while cannabis use rates are up to 100% higher than the US average3. The overall conclusion a decade on is that while there have been some tangible negative impacts arising from legalisation, they are nowhere near as bad as opponents to legalisation claimed4.
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The use of cannabis for medicinal purposes has been legal since 2001. Following up on a proposal initially put forward in 2012, in 2017, the Canadian Parliament passed the Cannabis Act, which legalised the cultivation and sale of cannabis to the public for recreational use.
As with Uruguay and Colorado, people can grow a limited number of cannabis plants at home for personal use.
There are national restrictions on marketing and packaging, but the regulation of sales was left to the provinces and territories. This has resulted in some differences. Some provinces and territories set up dedicated state-run cannabis retail outlets, while others had a licensing system. Generally, cannabis is subject to the same rules as smoking concerning public consumption.
There have been estimates from Deloitte5 that cannabis legalisation has added C$£43.5billion (£25billion) to the Canadian economy and raised C$15billion (£8.7billion) in direct and indirect taxes since sales began in 2018. The Deloitte report did, however, note the significant environmental impact of cannabis production in terms of electricity, water and plastic/packaging waste.
Drug Legalisation: Arguments For & Against
The Harm Principle & Personal Liberty – People should be able to choose what they do in their free time with their own money as long as it doesn’t harm anyone else or wider society (what John Stuart Mill called the “harm principle”).
That means there’s no contradiction in supporting drug legalisation, yet at the same time supporting things like public smoking bans (due to passive smoking – harming someone else) or minimum alcohol prices (to curb drunken assaults – harming wider society – while not banning the sale of alcohol completely).
Proper regulation and oversight – One of the serious health issues relating to drug abuse is that there are no guidelines or restrictions on manufacturing. Common cutting agents include things like flour and plaster, ranging to cleaning products and rat poison – making some of the cutting agents more dangerous than the active ingredient in the drug itself.
Setting proper industrial and pharmaceutical standards for recreational drug manufacturing would enable safer drugs to be legally available, or open the door to safer alternatives being developed. Also, restricting sales and supply to properly licenced pharmacies takes the drug trade off the streets.
Taking back control from the criminals – Prohibition places the role of regulator, manufacturer and supplier in the hands of criminals.
It’s irresponsible to suggest that legalising drugs would cut crime. It might. It could ease some of the pressure on the police, prisons and court service through falls in convictions because things like possession would no longer be treated as offences.
If very addictive drugs like heroin were available on prescription there would be no reason for people to get involved in street crime to raise money to get hold of them. Also, people who produce drug crops – like cannabis and coca leaves – will be able to sell them on the market as legitimate businesses. That means tax.
The 2020 Wales’ Fiscal Future report estimated that up to £206million a year was spent in Wales on narcotics as of 2016. Assuming that spending was 100% legitimised and regulated, a 20% tax rate might raise ~£41million annually at 2016 prices. A duty (such as a set duty-by-weight of narcotics sold) could yield a different figure.
In 2017, a Health Poverty Action report6 estimated the UK Government could raise between £397-£871million in tax revenues from legalised cannabis (depending on the rate at which a cannabis tax/duty is set); a proportional Wales-only figure would be in the £20-44million range.
A public health and environmental timebomb – Using the example of cannabis in isolation, its long-term use has been linked to mental illnesses such as depression and schizophrenia7. If it (and other drugs) were legalised and normalised, then you would presume recorded illnesses associated with drug use would increase.
Some studies – as noted earlier – have shown that cannabis legalisation, in isolation, doesn’t necessarily lead to a massive increase in take-up. Additionally, a British Medical Journal study from the Netherlands suggests that heroin on prescription alongside methadone is a more effective treatment for addiction than methadone alone8. However, substitute drugs and addiction treatments are nowhere near as effective as abstinence, of course.
There’s also the environmental impact to consider. Growing even a small number of cannabis plants requires a lot of energy/light and water (at least 20 litres per plant, per day during the peak growing season). This might not matter as much if it’s grown outdoors, but given our weather in Wales, it’s likely that domestic cannabis production will only be done indoors on a factory scale.
That’s before mentioning the kind of chemicals and energy used to create synthetic drugs like ecstasy or cocaine. As noted in Part II, there’s the impact of coca and cocaine production on rainforests.
Gateway drugs theory – Would legitimising the use of cannabis lead to people moving on to stronger and harder drugs once cannabis no longer works for them? The same thing is often said about underage drinking and smoking.
Scientifically, the idea isn’t fully accepted yet9. One identified causal factor for adult drug use seems to be undiagnosed and untreated mental health problems as teenagers10. However, that study also included that using cannabis in adolescence “enhances the increased likelihood of continuing use of other psychoactive substances, and may be further compromised by underlying mental health condition.”
Even if legalised recreational drugs were only available to adults, some would inevitably make their way to older teenagers (as happens now). The issue is whether opening access to legally-available drugs would make this problem worse.
“Keep fighting the good fight” – Does it matter if the “war on drugs” can be won?
Unilaterally legalising drugs (beyond cannabis) would almost certainly cause diplomatic problems with the United States and most of Europe. I also don’t need to tell you what arguments would start if cocaine, LSD and ecstasy with “Made in Wales” stamped on it appeared on the streets of Bristol and Chester.
All those “nice people” currently making money out of drug trafficking and supply aren’t suddenly going to “go straight” if drugs were legalised. It could increase crime elsewhere: money laundering, robberies, cyber crime, arms dealing and people trafficking.
There’s a moral argument that people should be prevented from using drugs for their own good, regardless of whether decision-makers are approaching it in the right way (Part III). Drug abuse is often a symptom of a bigger problem in an individual’s life or society as a whole, making it a bellwether.
So if drug use is no longer “a problem” because it’s legal, then society can choose to ignore it – much as we do about Wales’ serious problems with alcohol, sedentary lifestyles and anti-social driving.
Then those with the power to do something stop caring. That can be far worse in the long run, particularly for those at the bottom of society who have addictions and need help, or communities that would be left to their own devices.
What Are The Alternatives?
This was explored in more detail in Wales on Drugs: How will “The War on Drugs” end? This could apply to all drugs or only “soft drugs”.
“Soft drugs” would include those we now consider Class C (and possibly Class B). Selling and trafficking “soft drugs” would remain illegal, but might attract more lenient penalties than those for Class A drugs. This could also open the door to growing small numbers of cannabis plants at home for personal use.
This might be a happy medium, particularly for anyone who thinks current drug laws are too strict, but wouldn’t support the legalisation of cannabis (in isolation).
People with certain physical and mental illnesses – where recreational drugs have been proven to ease symptoms or provide relief that standard medicines cannot (such as cannabis and LSD) – could be given a pass (or equivalent) to buy those drugs from secure pharmacies (i.e. at a hospital).
Is Decriminalisation a Cop-out?
Decriminalisation (Part III) removes the criminal penalty for using a drug. It’s like saying, “You shouldn’t do this, but we’re going to look the other way.”
Legalisation means society taking full responsibility. We would have to confront the problem, not brush it under the carpet.
Decriminalisation could make things worse because the “market” would remain unregulated and in the hands of criminals. It also doesn’t generate tax income to negate the health and social effects.
The only people it would benefit are politicians, who can appear liberal (or as compassionate conservatives) without ending “The War on Drugs”. It also suits occasional recreational users more than hardened addicts.
Some parties can support legalising cannabis or decriminalisation because the policy is mainstream enough for it not to be a completely ludicrous proposition, but low enough down the list of people’s priorities that it sounds “radical”. It’s a token policy put out to attract students and the “dungarees, drums and dreadlocks” vote.
How Could Wales Legalise Drugs?
Now, the practicalities of drug legalisation.
First and foremost, it would need independence – we’re unlikely to see drug policy devolved to Wales.
Secondly, there would need to be a new law replacing the Misuse of Drugs Act 1971. There’s an argument that any move to legalise the sale and supply of recreational drugs should be subject to a referendum too.
There’s also the likelihood that Wales would either have to withdraw from international treaties controlling narcotics – such as the 1961 Single Convention on Narcotic Drugs (Part I) – or not be a signatory to them in the first place.
Drug Classification
A Welsh medicines regulator (an equivalent of NICE) would set drug classifications based on scientific and medical evidence. They would then give their recommendations to the Welsh Government department responsible for drug policy (probably the Health Department, but possibly the equivalent of the Home Office too).
Classification could be based on the relative harm of each drug.
There could be a universal system covering all drugs – recreational and pharmaceutical.Â
This would include the most powerful medicines and the most harmful and addictive recreational drugs (i.e. heroin). This would also include drugs used to treat addictions like methadone.
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This includes all other recreational drugs, which require a licence to sell or supply to the public, or a licence to manufacture or import ingredients. Alcohol, tobacco, nicotine vapes and high-caffeine energy drinks could be included here too.
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Drugs that don’t require pharmaceutical training to sell or a licence. This covers most over-the-counter medicines, supplements and caffeine in the form of coffee, tea and soft drinks. Restrictions can be placed on sale where appropriate (i.e. limiting sales of paracetamol).
What Could Drug Legalisation Look Like In Practice?
I’ve separated the graphic below into two: one scenario where Wales only legalises cannabis and the other, more radical, option of legalising all recreational drugs.
What criminal offences would remain in place relating to drugs?
There are the obvious ones, such as being involved in organised crime or money laundering offences. However, criminal penalties – with the likelihood of a long prison sentence – would probably remain for:
- “Spiking” or giving someone drugs without permission. This is already covered under “administering a substance with intent” (Sexual Offences Act 2003), “administering a poison or noxious thing” (Offences Against The Person Act 1861) and the Misuse of Drugs Act 1971.
- Supplying any classified drug to anyone under the age of 18 (medical supervision exempted).
- Supplying Class A drugs to someone without a prescription, except in a medical emergency.
- Selling or supplying Class A & B drugs in public or without a licence (unless exempt).
- Cultivating cannabis for sale without a licence (large/industrial amounts).
- Drug trafficking into or out of Wales without expressed permission.
Civil offences (dealt with by on-the-spot fines or magistrates/district courts) could remain for:
- Public consumption of drugs (similar to current smoking and potential vaping bans).
- Drug driving.
- Cultivating cannabis for sale without a licence (small amounts).
- Selling drug paraphernalia (i.e. bongs) to under-18s.
Summing Up: Time to "Give Peace A Chance"?
In summary:
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- The Misuse of Drugs Act is outdated and while the authorities have had some success in cutting drug use, the market remains in the hands of organised criminals.
- The number of drug-related deaths in Wales has gradually increased year-on-year since the 1990s; there also aren’t enough high-level (Tier 3 and 4) drug rehabilition facilities to meet demand.
- While there’s some political consensus that current drug laws are no longer fit for purpose, there are no serious plans for reform, with the UK continuing with a “criminal justice approach” to the problem at the expense of public health.
- The most practical option for maintaining drug prohibition is probably a shift towards a public health approach – but that requires difficult conversations around issues such as supervised consumption rooms.
- Legalisation (whether of cannabis by itself, or all illegal narcotics) might be a better option than decriminalisation if decision-makers want to cripple the criminal market in drugs – but it presents a whole host of problems in its own right. There’s a moral argument against drug legalisation, as well as a strong public health one.
Think about it this way.
There’s another dangerous activity that wreaks havoc on the environment, with the raw ingredients often starting wars. It can divide communities. It leads to thousands of criminal convictions every year.
The long-term effects have led to countless hospital admissions and continue to leave hundreds dead – robbing us of talented people.
It’s called driving.
We tolerate it because it’s a core principle of freedom of movement and when used properly, the harms are contained. We trust the judgement of the individual. We tax their use and pass laws to ensure the industry is regulated. We train individuals to do it safely for their own sake (and the sake of everyone else) and we – as a society, through the courts – punish people when they abuse that trust.
Maybe we need to consider a similar approach for recreational drugs.
People deserve to know what they’re putting into their bodies. Leaving it in the hands of criminals – or bucket chemists in the middle of the jungle – is a betrayal of a government’s responsibility to protect the public and promote public health.
We don’t have to like drugs. We should still educate people about the risks involved and discourage people from using them. But they’re here to stay and we need to decide whether we can create the best conditions for their safe use, or continue to pretend that “the war will be over by Christmas”.
You Might Also Like....
- Laqueur, H., Rivera-Aguirre, A., Shev, A., Castillo-Carniglia, A., Rudolph, K. E., Ramirez, J., Martins, S. S., & Cerdá, M. (2020). The impact of cannabis legalization in Uruguay on adolescent cannabis use. The International journal on drug policy, 80, 102748. https://doi.org/10.1016/j.drugpo.2020.102748
- Queirolo R. The effects of recreational cannabis legalization might depend upon the policy model. World Psychiatry. 2020 Jun;19(2):195-196. doi: 10.1002/wps.20742. PMID: 32394563; PMCID: PMC7215059.
- Rocky Mountain High Intensity Drug Trafficking Area program. The Legalization of Marijuana in Colorado: The Impact: Volume 6, September 2019. Mo Med. 2019 Nov-Dec;116(6):450. PMID: 31911715; PMCID: PMC6913861.
- Cato Institute (2nd February 2021). “The Effect of State Marijuana Legalizations: 2021 Update”. Available at: https://www.cato.org/policy-analysis/effect-state-marijuana-legalizations-2021-update#appendix
- Deloitte (2021). “Cannabis Annual Report 2021”. Available at: https://www2.deloitte.com/content/dam/Deloitte/ca/Documents/consumer-business/ca_cannabis_annual_report-en-aoda.pdf
- Brammel, M. Health Poverty Action. “Cannabis: Regulate it. Tax it. Support the NHS.” Available at: https://www.healthpovertyaction.org/wp-content/uploads/2018/12/HPA-Cannabis-report-WEB.pdf
- Hall W, Degenhardt L. Cannabis use and the risk of developing a psychotic disorder. World Psychiatry. 2008;7(2):68-71. doi: 10.1002/j.2051-5545.2008.tb00158.x. PMID: 18560513; PMCID: PMC2424288.
- van den Brink W, Hendriks V M, Blanken P, Koeter M W J, van Zwieten B J, van Ree J M et al. Medical prescription of heroin to treatment resistant heroin addicts: two randomised controlled trials BMJ 2003; 327 :310 doi:10.1136/bmj.327.7410.310
- Miller ML, Hurd YL. Testing the Gateway Hypothesis. Neuropsychopharmacology. 2017 Apr;42(5):985-986. doi: 10.1038/npp.2016.279. Epub 2017 Jan 18. PMID: 28096528; PMCID: PMC5506797.
- Nkansah-Amankra S, Minelli M. “Gateway hypothesis” and early drug use: Additional findings from tracking a population-based sample of adolescents to adulthood. Prev Med Rep. 2016 May 28;4:134-41. doi: 10.1016/j.pmedr.2016.05.003. PMID: 27413674; PMCID: PMC4929049.
No AI tools were used to draft this post.






