Prohibition of drugs was a mistake but decriminalization will not stop deaths

How many more people have to die because of a half-baked idea from a century ago?

It all started at the turn of the twentieth century when concoctions of opium were commonly found in medicine chests to treat toothaches, diarrhoea, and coughs. Before antibiotics, doctors used opium to treat diseases such as dysentery, cholera, and tuberculosis.

Many of these concoctions, such as Laudanum, were highly addictive.

laudanum ad in Sears. image: 12 tomatoes

There were two paths that governments could have taken. One would have been to control the potency and purity of opium and sell it through licensed outlets. The other was to make opium illegal.

The choice to make opium illegal was political and racist.

Prime Minister Laurier was looking for his fourth majority in a row in 1908. He heard of the “race riots” in Vancouver and sent his minister of labour, William Lyon Mackenzie King, to investigate.

King found resentment and anger towards Chinese workers. They had been brought to British Columbia to build the Trans Canada railway. With the railway complete and Chinese workers unemployed, white Canadians claimed that they were taking jobs away.

Also, Chinese Canadians were demonized for leading good, white Canadian women astray in “opium dens.” The Chinese were the perfect scapegoats: too many, too shady. Laurier played the race card, was returned to power, and passed the Opium Act in 1908.

The prohibition of substances, such as alcohol, has been a failure ever since.

Drug addiction is a serious problem but it is not criminal. The Opium Act placed the possession of opium in the same category of criminal acts as murder and rape.

Criminal acts are the most serious offenses against society. But drug abuse is an offence against an individual, not society. While drug pushers have bad intentions, drug users don’t intend to do anything criminal.

The state is to blame for not controlling the purity and potency of drugs made available. If not in a fit of moral outrage and attempt to control behaviour that mainly affects personal choice, governments would have made the rational choice to leave drugs legal.

The government’s impulse to control behaviour by making drug use criminal is misguided. Throwing people in jail for trying to ease their emotional or physical pain is a mistake.

So here we are a century later with these anachronistic drug laws. What are we to do?

Vancouver is asking the federal government to approve a plan to decriminalize simple possession of illicit drugs in the city. Mayor Kennedy Stewart said:

“Personal possession and use of drugs is not a criminal justice issue; it is a health issue,” said Stewart. “It is time to end the stigma around substance use, help connect more of our neighbours to health care, and save lives.”

But decriminalization does not make drugs legal. It does not guarantee the purity and potency of drugs, nor does it make them available from licensed vendors. Decriminalization simply makes the offence of drug possession less serious. The drugs are still as deadly.

It was a mistake to make drugs illegal in the first place. It’s a mistake we are living with today. This year, Kamloops has had the highest number of deaths from drug overdoses on record: double the 25 deaths recorded in 2019. And the year’s grim tally is not yet complete.

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Advice to TRU: educate, don’t prohibit cannabis

Thompson Rivers University plans to prohibit the recreational use of cannabis on campus. This, despite the failure of prohibition to deter use for the last 95 years in Canada.

image: SchoolFinder

Cannabis is not harmless. Inhaling smoke, be it from wildfires, tobacco, or cannabis carries risks. But banning cannabis is not the way to control those risks.

Education is. Education has reduced the consumption of tobacco. Reductions have been especially greater for those with a higher education according to a report from Statistics Canada.

TRU has nine designated locations where tobacco and medical marijuana can be smoked. Once cannabis is legalized on October 17, those locations would be a logical place for recreational cannabis smokers as well.

TRU’s Joint Occupational Health and Safety Committee voted on March 5, 2018, to ban all smoking of recreational marijuana on campus for health and safety reasons. Chris Montoya, committee member and Senior Lecturer in Psychology, says not all of the 20-member committee agreed:

“Pro-marijuana smokers on the TRU committee argued that marijuana smoke is no different than cigarette smoke and that smoking areas designated for cigarette smoke should also be used for marijuana.”

But they were apparently swayed by arguments  presented by Montoya: cannabis is more potent than ever before, bystanders can get stoned from second-hand smoke, and marijuana has been linked with psychoses.

Montoya is a member of the National Advisory Council (2016-18) and the Partnership for a Drug Free Canada. He repeated some of his claims to Kamloops This Week:

“A student cannot get drunk walking next to another student drinking a beer. However, students, staff and faculty can get stoned breathing in second-hand smoke.”

Ian Mitchell, Kamloops Emergency Physician, disagrees:

“There have been a series of studies in which non-smokers are shut into a small room with cannabis smokers and tested for both impairment and positive urine tests. While these things can happen, it is only under the most extreme circumstances,” he told me by message.

A doctoral student in clinical psychology at UBC Okanagan also disagrees with Montoya:

“Researchers at John Hopkins University have been conducting studies on the effects of cannabis smoke exposure to non-users and have found that, under regular indoor conditions, non-smokers did not experience changes in cognitive ability –i.e. ’get high,’” says Michelle Thiessen in a letter to KTW.

There are places on campus for students and staff to drink alcohol as well as smoke cigarettes. TRU spokesperson, Darshan Lindsay, told CFJC Today: “There are a lot of regulations, systems in place to promote responsible use of alcohol. We just don’t have that in place for cannabis. For the university, recognizing that we are a place of education and that we want to promote an environment that’s safe and healthy for everyone, our position is that recreational cannabis should not be present on campus.”

Failing to have a “place for cannabis” perpetuates the notion that prohibition will reduce cannabis use. Banning cannabis has a predictable effect -it simply drives consumption into the shadows and prevents dealing with the risks.

TRU should become a model in harm reduction, as “a place of education.”

Prohibition is futile: TRU might as well prohibit wildfires -it would be as effective.

 

Help fentanyl labs make a safer drug

Illegal fentanyl lab operators don’t intend to kill users. They would prefer to have return customers. The problem, I suspect, is that the fentanyl used is so concentrated that it’s hard to dissolve to a uniform consistency. The resulting doses are uneven –from low to deadly. It’s a good idea to provide testing facilities for fentanyl cooks to let them know the potency of their product. Dr. Tyndall of the BC Centre for Disease Control says:

  fentanyl lab. image: Global news

“I’m still firmly of the belief that nobody’s actually trying to kill people. These manufacturers don’t know what they’re doing and they’re putting out ridiculous concentrations of these drugs.”

The BCCDC recommends an expansion of drug-checking services where anyone, including producers of illegal fentanyl, can have their drugs tested for toxicity. B.C.’s Minister of Health, Judy Darcy, endorses the expansion.

As it stands, drug policy is perverse because we tell users not to use street drugs but provide no other option when legal supplies fail.

“We strongly advise people to stop using street drugs,” says Dr. Tyndall, “and if they can’t do that, then we offer them … Suboxone or methadone, and if that doesn’t work, we basically tell them to go and find their own drugs even though there is a very real possibility of dying.”

The BCCDC suggests ten “areas of action.” If they were adopted, opioids would be essentially legalized much in the way that marijuana will be next year. Grower’s clubs and individuals would be allowed to make medical grade opiates. To clarify, opiates are derived from poppies whereas opioids include all synthetic and natural products.

Legal opioids are not likely to happen any time soon. I started lobbying for legalization of cannabis 40 years ago and look how long that took. Optimistically, with the model of legalized marijuana to be established soon, it won’t take another 40 years for the legalization of opioids.

Even without legalization, off-label uses of opioids are allowed. The BCCDC suggest dispensing take-home opioids such as oral hydromorphone which users could take home, grind up, and inject without supervision.

If the above recommendations only seem radical, it’s only because of a false sense of what criminalization can achieve. Criminal law can’t accomplish societal goals. If we want to stop people from using harmful drugs, criminalization has been a dismal failure. Instead, make drugs legal and educate people of the unhealthy consequences of use. It works with tobacco. If the goal is harm reduction, the recommendations don’t seem so radical.

Imagine that we are talking about baby strollers instead of drugs, and that some early models collapsed resulting in injury or death. An irrational solution would be to make strollers illegal. The sensible solution would be to regulate manufacture of the strollers to make them safe.

Prohibition of opioids isn’t working. It didn’t work for coffee, cigarettes or alcohol.

If the current trend continues, the death rate will continue to climb. More than 1,500 will die in British Columbia this year -ordinary people like friends, family and neighbours. Forget the stereotype of street people overdosing in alleys: 90 per cent of deaths are indoors. Isn’t it time to abandon prohibition and give harm-reduction a chance?

Legalize all drugs

Don’t use drugs. If these two statements seem contradictory, it’s understandable. Legalization is approval. And since drug abuse is a problem, why approve drug use?

The flaw in this argument is that drug abuse in not a legal problem, it’s a medical and social problem. It wastes lives and is a burden on our health care system; it destroys families; it consumes the time and resources of law enforcement agencies.

Prohibition is a well-intentioned initiative but it doesn’t work. As we discovered in the case of alcohol prohibition, booze was simply driven into the hands of criminals and organized crime who waged war against rivals.

Warring cartels and gangs in Mexico alone killed 120,000 in the years 2006 to 2013. That’s forty per cent more deaths than all the deaths due to illegal drug use in the U.S. according to data from the Center for Disease Control.

Guns in Canada are a serious problem. In the same period (2006 – 2013) there were approximately 1500 gun homicides in Canada. Not exactly the carnage that Mexico is experiencing  but that’s not the point: just because guns result in death and injury, no sensible person would suggest making them illegal.

What does make sense is the regulation of guns. Gun owners must obtain a Possession and Acquisition Licence and renew it every five years. Education makes sense. As a general rule, applicants must have passed the Canadian Firearms Safety Course.

Tobacco in Canada is a serious problem. In the same period, 259,000 Canadians died due to tobacco-related diseases according to the Canadian Cancer Agency. Education has reduced the number of Canadians who smoke from fifty to less than fifteen per cent.

Politicians have agreed for decades that education is key to harm reduction. As one of the founding members of the Calgary chapter of the Alberta Legalization of Cannabis Committee in 1976, I received letters from all leaders.

In his letter, then leader of the opposition Progressive Conservative party Joe Clark wrote: “In my view, a drug education programme would be far more beneficial and economical in attacking the problem than using law enforcement agencies and the courts.”

NDP leader Ed Broadbent thought that marijuana should be removed from the Criminal Code and placed under the Food and Drug Act and added: “I would agree with your statement that it does not appear to have any worse impact than alcohol.”

Prime Minster Trudeau wrote that his Bill S-19, one that would remove marijuana from the Food and Drug Act, died on the order paper but his government was pursuing the bill. “[My government] is working to make certain the legislation we introduce strikes a proper balance between concerns over the personal and social effects of penal laws aimed at discouraging its use.”

Time has stood still for the last four decades. Regressive Canadian governments have preferred to pander to misconceptions such as the “war on drugs,” or “prohibition works.”

Meanwhile the U.S., a place we think of a bastion of conservative thought, has leapt ahead of Canada. Now some states, such as Washington, have legalized the sale of marijuana. I just returned from Seattle and didn’t notice any reefer madness in the streets.