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Rethinking Drug Criminalization Policies

NCJ Number
151585
Journal
Texas Tech Law Review Volume: 25 Dated: (1993) Pages: 151-171
Author(s)
D Schultz
Date Published
1993
Length
21 pages
Annotation
Trends in drug law enforcement are explored.
Abstract
This article argues that there are limits to what a criminalization tactic can do in society. The law may stand as a moral statement about drug use and it may create disincentives for the use and sale of drugs, but there are times when addressing drugs in a criminal context may not be successful; alternative strategies and policies need to be considered. In effect, law is often a good means to address social ills, but there are times when it fails. In the case of controlling the social harm caused by drugs, current laws and tactics cause more harm than good and, accordingly, need modification in the direction of legalization. The article contains sections discussing the justification of criminalization, drug usage and enforcement, an extensive discussion of the social costs of drug criminalization, and alternative policy prescriptions. The author concludes by advocating a rethinking of a drug strategy that adopts legalization and moral dissuasion, along with the establishment of increased educational and employment opportunities, as the best approach to deal with drugs and drug abuse. A re-regulation strategy would respect the autonomy of adults to use drugs, but it should also enforce responsibilities that are attached to drug use. Footnotes

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