History

The cultivation, use, and trade of psychoactive and other drugs has occurred since ancient times. Concurrently, authorities have often restricted drug possession and trade for a variety of political and religious reasons. In the 20th century, the United States led a major renewed surge in drug prohibition called the "War on Drugs". Today's War on Drugs is particularly motivated by the desire to prevent drug use, which is perceived as detrimental to society.

Early drug lawsedit

The prohibition on alcohol under Islamic Sharia law, which is usually attributed to passages in the Qur'an, dates back to the 7th century. Although Islamic law is often interpreted as prohibiting all intoxicants (not only alcohol), the ancient practice of hashish smoking has continued throughout the history of Islam, against varying degrees of resistance. A major campaign against hashish-eating Sufis was conducted in Egypt in the 11th and 12th centuries resulting among other things in the burning of fields of cannabis.citation needed

Though the prohibition of illegal drugs was established under Sharia law, particularly against the use of hashish as a recreational drug, classical jurists of medieval Islamic jurisprudence accepted the use of hashish for medicinal and therapeutic purposes, and agreed that its "medical use, even if it leads to mental derangement, should remain exempt from punishment". In the 14th century, the Islamic scholar Az-Zarkashi spoke of "the permissibility of its use for medical purposes if it is established that it is beneficial".

In the Ottoman Empire, Murad IV attempted to prohibit coffee drinking to Muslims as haraam, arguing that it was an intoxicant, but this ruling was overturned soon after his death in 1640. The introduction of coffee in Europe from Muslim Turkey prompted calls for it to be banned as the devil's work, although Pope Clement VIII sanctioned its use in 1600, declaring that it was "so delicious that it would be a pity to let the infidels have exclusive use of it". Bach's Coffee Cantata, from the 1730s, presents vigorous debate between a girl and her father over her desire to consume coffee. The early association between coffeehouses and seditious political activities in England, led to the banning of such establishments in the mid-17th century.

A number of Asian rulers had similarly enacted early prohibitions, many of which were later forcefully overturned by Western colonial powers during the 18th and 19th centuries. In 1360, for example, King Ramathibodi I, of Ayutthaya Kingdom (now Thailand), prohibited opium consumption and trade. The prohibition lasted nearly 500 years until 1851, when King Rama IV allowed Chinese migrants to consume opium. While the Konbaung Dynasty prohibited all intoxicants and stimulants during the reign of King Bodawpaya (1781–1819). As the British colonized parts of Burma from 1852 they overturned local prohibitions and established opium monopolies selling Indian produced opium.

In late Qing Imperial China, opium imported by the British East India Company was consumed by all social classes in Southern China. Between 1821 and 1837, imports of the drug increased fivefold. The drain of silver to India and widespread social problems that resulted from this consumption prompted the Chinese government to attempt to end the trade. This effort was initially successful, with the destruction of all British opium stock in June 1839 (see Destruction of opium at Humen). However, to protect their commerce, the British declared war on China in the First Opium War. China was defeated and the war ended with the Treaty of Nanking, which protected foreign opium traders from Chinese law.

First modern drug regulationsedit

The first modern law in Europe for the regulating of drugs was the Pharmacy Act 1868 in the United Kingdom. There had been previous moves to establish the medical and pharmaceutical professions as separate, self-regulating bodies, but the General Medical Council, established in 1863, unsuccessfully attempted to assert control over drug distribution. The Act set controls on the distribution of poisons and drugs. Poisons could only be sold if the purchaser was known to the seller or to an intermediary known to both, and drugs, including opium and all preparations of opium or of poppies, had to be sold in containers with the seller's name and address. Despite the reservation of opium to professional control, general sales did continue to a limited extent, with mixtures with less than 1 per cent opium being unregulated.

After the legislation passed, the death rate caused by opium immediately fell from 6.4 per million population in 1868 to 4.5 in 1869. Deaths among children under five dropped from 20.5 per million population between 1863 and 1867, to 12.7 per million in 1871, and further declined to between 6 and 7 per million in the 1880s.

In the United States, the first drug law was passed in San Francisco in 1875, banning the smoking of opium in opium dens. The reason cited was "many women and young girls, as well as young men of respectable family, were being induced to visit the Chinese opium-smoking dens, where they were ruined morally and otherwise." This was followed by other laws throughout the country, and federal laws which barred Chinese people from trafficking in opium. Though the laws affected the use and distribution of opium by Chinese immigrants, no action was taken against the producers of such products as laudanum, a tincture of opium and alcohol, commonly taken as a panacea by white Americans. The distinction between its use by white Americans and Chinese immigrants was thus based on the form in which it was ingested: Chinese immigrants tended to smoke it, while it was often included in various kinds of generally liquid medicines often (but not exclusively) used by people of European descent. The laws targeted opium smoking, but not other methods of ingestion.

Britain also passed the All-India Opium Act of 1878, which similarly formalized social distinctions, by limiting recreational opium sales to registered Indian opium-eaters and Chinese opium-smokers and prohibiting its sale to workers from Burma.

Following passage of a regional law in 1895, Australia's Aboriginals Protection and Restriction of the Sale of Opium Act 1897 addressed opium addiction among Aborigines, though it soon became a general vehicle for depriving them of basic rights by administrative regulation. Opium sale was prohibited to the general population in 1905, and smoking and possession was prohibited in 1908.

Despite these laws, the late 19th century saw an increase in opiate consumption. This was due to the prescribing and dispensing of legal opiates by physicians and pharmacists to relieve painful menstruation. It is estimated that between 150,000 and 200,000 opiate addicts lived in the United States at the time, and a majority of these addicts were women.

Changing attitudes and the drug prohibition campaignedit

Since Britain's victory over the Qing Empire in the First Opium War, British traders had sold large amounts of opium to the Chinese to balance their trade. Attitudes towards the morality of this business were slow to change, but in 1874 the Society for the Suppression of the Opium Trade was formed in England by Quakers led by the Rev. Frederick Storrs-Turner. By the 1890s, increasingly strident campaigns were waged by Protestant missionaries in China for its abolition. The first such society was established at the 1890 Shanghai Missionary Conference, where British and American representatives, including John Glasgow Kerr, Arthur E. Moule, Arthur Gostick Shorrock and Griffith John, agreed to establish the Permanent Committee for the Promotion of Anti-Opium Societies.

Due to increasing pressure in the British parliament, the Liberal government under William Ewart Gladstone approved the appointment of a Royal Commission on Opium to India in 1893. The commission was tasked with ascertaining the impact of India's opium exports to the Far East, and to advise whether the trade should be ended and opium consumption itself banned in India or not. After an extended inquiry the Royal Commission rejected the claims made by the anti-opiumists in regard to the harm wrought to India by this traffic and the issue was buried for another 15 years.

The missionary organizations were outraged over the Royal Commission on Opium's conclusions and set up the Anti-Opium League in China; the league gathered data from every Western-trained medical doctor in China and published Opinions of Over 100 Physicians on the Use of Opium in China. This was the first anti-drug campaign to be based on scientific principles, and it had a tremendous impact on the state of educated opinion in the West. In England, the home director of the China Inland Mission, Benjamin Broomhall, was an active opponent of the opium trade, writing two books to promote the banning of opium smoking: The Truth about Opium Smoking and The Chinese Opium Smoker. In 1888, Broomhall formed and became secretary of the Christian Union for the Severance of the British Empire with the Opium Traffic and editor of its periodical, National Righteousness. He lobbied the British Parliament to stop the opium trade. He and James Laidlaw Maxwell appealed to the London Missionary Conference of 1888 and the Edinburgh Missionary Conference of 1910 to condemn the continuation of the trade. As Broomhall lay dying, an article from The Times was read to him with the welcome news that an international agreement had been signed ensuring the end of the opium trade within two years.

In 1906, a motion to 'declare the opium trade "morally indefensible" and remove Government support for it', initially unsuccessfully proposed by Arthur Pease in 1891, was put before the House of Commons. This time the motion passed. The Chinese government banned opium soon afterwards.

These changing attitudes led to the founding of the International Opium Commission in 1909. An International Opium Convention was signed by 13 nations at The Hague on January 23, 1912 during the First International Opium Conference. This was the first international drug control treaty and it was registered in the League of Nations Treaty Series on January 23, 1922. The Convention provided that "The contracting Powers shall use their best endeavours to control, or to cause to be controlled, all persons manufacturing, importing, selling, distributing, and exporting morphine, cocaine, and their respective salts, as well as the buildings in which these persons carry such an industry or trade."

The treaty became international law in 1919 when it was incorporated into the Treaty of Versailles. The role of the Commission was passed to the League of Nations, and all signatory nations agreed to prohibit the import, sale, distribution, export, and use of all narcotic drugs, except for medical and scientific purposes.

Prohibitionedit

In the UK the Defence of the Realm Act 1914, passed at the onset of the First World War, gave the government wide-ranging powers to requisition property and to criminalise specific activities. A moral panic was whipped up by the press in 1916 over the alleged sale of drugs to the troops of the British Indian Army. With the temporary powers of DORA, the Army Council quickly banned the sale of all psychoactive drugs to troops, unless required for medical reasons. However, shifts in the public attitude towards drugs—they were beginning to be associated with prostitution, vice and immorality—led the government to pass further unprecedented laws, banning and criminalising the possession and dispensation of all narcotics, including opium and cocaine. After the war, this legislation was maintained and strengthened with the passing of the Dangerous Drugs Act 1920. Home Office control was extended to include raw opium, morphine, cocaine, ecogonine and heroin.

Hardening of Canadian attitudes toward Chinese opium users and fear of a spread of the drug into the white population led to the effective criminalization of opium for nonmedical use in Canada between 1908 and the mid-1920s.

The Mao Zedong government nearly eradicated both consumption and production of opium during the 1950s using social control and isolation. Ten million addicts were forced into compulsory treatment, dealers were executed, and opium-producing regions were planted with new crops. Remaining opium production shifted south of the Chinese border into the Golden Triangle region. The remnant opium trade primarily served Southeast Asia, but spread to American soldiers during the Vietnam War, with 20 percent of soldiers regarding themselves as addicted during the peak of the epidemic in 1971. In 2003, China was estimated to have four million regular drug users and one million registered drug addicts.

In the US, the Harrison Act was passed in 1914, and required sellers of opiates and cocaine to get a license. While originally intended to regulate the trade, it soon became a prohibitive law, eventually becoming legal precedent that any prescription for a narcotic given by a physician or pharmacist – even in the course of medical treatment for addiction – constituted conspiracy to violate the Harrison Act. In 1919, the Supreme Court ruled in Doremus that the Harrison Act was constitutional and in Webb that physicians could not prescribe narcotics solely for maintenance. In Jin Fuey Moy v. United States, the court upheld that it was a violation of the Harrison Act even if a physician provided prescription of a narcotic for an addict, and thus subject to criminal prosecution. This is also true of the later Marijuana Tax Act in 1937. Soon, however, licensing bodies did not issue licenses, effectively banning the drugs.citation needed

The American judicial system did not initially accept drug prohibition. Prosecutors argued that possessing drugs was a tax violation, as no legal licenses to sell drugs were in existence; hence, a person possessing drugs must have purchased them from an unlicensed source. After some wrangling, this was accepted as federal jurisdiction under the interstate commerce clause of the U.S. Constitution.

Alcohol prohibitionedit

The prohibition of alcohol commenced in Finland in 1919 and in the United States in 1920. Because alcohol was the most popular recreational drug in these countries, reactions to its prohibition were far more negative than to the prohibition of other drugs, which were commonly associated with ethnic minorities, prostitution, and vice. Public pressure led to the repeal of alcohol prohibition in Finland in 1932, and in the United States in 1933. Residents of many provinces of Canada also experienced alcohol prohibition for similar periods in the first half of the 20th century.citation needed

In Sweden, a referendum in 1922 decided against an alcohol prohibition law (with 51% of the votes against and 49% for prohibition), but starting in 1914 (nationwide from 1917) and until 1955 Sweden employed an alcohol rationing system with personal liquor ration books ("motbok").

War on Drugsedit

In response to rising drug use among young people and the counterculture movement, government efforts to enforce prohibition were strengthened in many countries from the 1960s onward. Support at an international level for the prohibition of psychoactive drug use became a consistent feature of United States policy during both Republican and Democratic administrations, to such an extent that US support for foreign governments has often been contingent on their adherence to US drug policy.citation needed Major milestones in this campaign include the introduction of the Single Convention on Narcotic Drugs in 1961, the Convention on Psychotropic Substances in 1971 and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances in 1988. A few developing countries where consumption of the prohibited substances has enjoyed longstanding cultural support, long resisted such outside pressure to pass legislation adhering to these conventions. Nepal only did so in 1976.

In 1972, United States President Richard Nixon announced the commencement of the so-called "War on Drugs". Later, President Reagan added the position of drug czar to the President's Executive Office. In 1973, New York introduced mandatory minimum sentences of 15 years to life imprisonment for possession of more than 113 grams (4 oz) of a so-called hard drug, called the Rockefeller drug laws after New York Governor and later Vice President Nelson Rockefeller. Similar laws were introduced across the United States.

California's broader 'three strikes and you're out' policy adopted in 1994 was the first mandatory sentencing policy to gain widespread publicity and was subsequently adopted in most United States jurisdictions. This policy mandates life imprisonment for a third criminal conviction of any felony offense. A similar 'three strikes' policy was introduced to the United Kingdom by the Conservative government in 1997. This legislation enacted a mandatory minimum sentence of seven years for those convicted for a third time of a drug trafficking offense involving a class A drug.

Calls for legalization, relegalization or decriminalizationedit

The terms relegalization, legalization, and decriminalization are used with very different meanings by different authors, something that can be confusing when the claims are not specified. Here are some variants:

• Sales of one or more drugs (e.g., marijuana) for personal use become legal, at least if sold in a certain way.
• Sales of an extracts with a specific substance become legal sold in a certain way, for example on prescription.
• Use or possession of small amounts for personal use do not lead to incarceration if it is the only crime, but it is still illegal; the court or the prosecutor can impose a fine. (In that sense, Sweden both legalized and supported drug prohibition simultaneously.)
• Use or possession of small amounts for personal use do not lead to incarceration. The case is not treated in an ordinary court, but by a commission that may recommend treatment or sanctions including fines. (In that sense, Portugal both legalized and supported drug prohibitions).

There are efforts around the world to promote the relegalization and decriminalization of drugs. These policies are often supported by proponents of liberalism and libertarianism on the grounds of individual freedom, as well as by leftists who believe prohibition to be a method of supression of the working class by the ruling class. Prohibition of drugs is supported by proponents of conservatism as well various NGOs. A number of NGOs are aligned in support of drug prohibition as members of the World Federation Against Drugs. WFAD members support the United Nations narcotics conventions.

In 2002, five (former) police officers created Law Enforcement Against Prohibition, a NGO that has gained a lot of media attention, showing that support for a regulation of drug sales also comes from the "other side" of the drug war and that maintaining a global corruption pyramid for the tax-free Mafia monopoly isn't a good idea, compared to controlling access, age and quality. The former Director of the Office of National Drug Control Policy, the Drug Czar John P. Walters, has described the drug problem in the United States as a "public health challenge", and he has publicly eschewed the notion of a "war on drugs". He has supported additional resources for substance abuse treatment and has touted random student drug testing as an effective prevention strategy. However, the actions of the Office of National Drug Control Policy continue to belie the rhetoric of a shift away from primarily enforcement-based responses to illegal drug use.

On February 22, 2008 the President of Honduras, Manuel Zelaya, called on the world to legalize drugs, in order, he said, to prevent the majority of violent murders occurring in Honduras. Honduras is used by cocaine smugglers as a transiting point between Colombia and the US. Honduras, with a population of 7 million, suffers an average of 8–10 murders a day, with an estimated 70% being a result of this international drug trade. The same problem is occurring in Guatemala, El Salvador, Costa Rica and Mexico, according to Zelaya. In January 2012 Colombian President Juan Manuel Santos made a plea to the United States and Europe to start a global debate about legalizing drugs. This call was echoed by the Guatemalan President Otto Pérez Molina, who announced his desire to legalize drugs, saying "What I have done is put the issue back on the table."

In a report dealing with HIV in June 2014, the World Health Organization (WHO) of the UN called for the decriminalization of drugs particularly including injected ones. This conclusion put WHO at odds with broader long-standing UN policy favoring criminalization. Eight states of the United States (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, and Washington), as well as the District of Columbia, have legalized the sale of marijuana for personal recreational use as of 2017, despite the fact that recreational use remains illegal under U.S. federal law. The conflict between state and federal law is, as of 2018, unresolved.