Drug Prohibition In Australia

1231 Words3 Pages

To a significant extent, drug prohibition has failed comprehensively in Australian as its has overlooked principles of criminal law that are form the foundation of legislation and are imbedded in common law. These undermining of legal principles raises questions about the legitimacy of the criminalisation of drugs and the reasons for the overstretching of the criminal law specifically in relation to drugs. Drug prohibition has created an over criminalization of drugs as it has not protected the health and wellbeing of communities. As a result of the poor process of drug prohibition there is a lack of medical supervision, spread of preventable disease, preventable overdose deaths, violence due to drug trade, discretion of police resources and …show more content…

These harms include an unregulated black market, drug overdoses, resort by drug users to crime to pay for drugs, the growth of criminal networks, corruption of public servants and reduced respect for the law. As a result of prohibition, the high prices of illicit drugs and the nature of the black market generates an environment in which criminal networks flourish, and provide an inducement for drug-dependent users to commit crimes to obtain the money to pay for drugs. Randy E. Barnett in The Harmful Side Effects of Drug Prohibition outlines that as a result of prohibition and its over criminalisation of drugs, the prices of drugs has risen. By increasing the risk to those who manufacture and sell, drug laws raise the cost of production and distribution, demanding higher prices. Due to this, the prohibition of drugs has failed comprehensibly as these laws have created a strong incentive for drug users to illegal crimes that if not for the over criminalization of drugs they would not otherwise engage in. This is outlined The Demand for Intoxicating Commodities which considered that the ban on heroin and hyperinflation of prices has generated a black market, soaring prices, corruption and accelerated property crime to fund use. This is further backed up by Stephen Odgers who outlined that a study by bureau of crime statistics released …show more content…

The Harmful Side Effects of Drug Prohibition journal outlines that prohibition automatically makes drug users into criminals and restricts their ability to obtain employment. Due to this, there is an increased likelihood that the artificially high prices of drugs will lead drug users to engage in criminal conduct to obtain income. As a result of punishing drug users through over criminalization, drug users and suppliers are reluctant to call authorities for help due to the stigma caused by criminal law and penalties for drug supply. Mr Ritcher outlined ‘We've been simply repeating the same idiocy on a one-shoe-fits-all basis . . on a law enforcement basis, a prohibition basis . . which has failed.’ This encompasses the notion by Count The Costs Journal which outlined that the war on drugs punishes those most in need. This over criminalization of drug users leads to increased stigmatization and marginalization. This marginalization due to over criminalization of drugs is further accentuated by the diseases such as HIV spread amongst drug users due to needle sharing and a lack of clean facilities. This journal further outlines that by fueling the spread of disease often with fatal outcomes, drug-war policies have had a overwhelmingly negative impact on the health of drug users. Therefore, it is evident that prohibition of drugs in terms of the health dangers it would create in

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