Resolved: The abuse of illegal drugs ought to be treated as a matter of public health, not of criminal justice.

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1 DISCLAIMER: This topic overview is provided by the National Forensics League to assist coaches in teaching the new topic. It is not intended to be a definitive statement of the topic to be debated, to prescribe what direction the debate should go, or to provide the framer s intent for the topic. Accordingly, the topic overview should not be quoted or referred to in any actual debate round. Resolved: The abuse of illegal drugs ought to be treated as a matter of public health, not of criminal justice. Starting in the early 20 th century, the United States maintained a policy barring the use of many narcotic substances, including marijuana, cocaine, opiates, and more. This continued policy saw the passing and abolishment of alcohol prohibition, yet has remained the official stance of the government since its inception. In 1971, President Richard Nixon first coined the phrase, War on Drugs, suggesting a more aggressive policy targeting narcotics. The War on Drugs still exists today, treating the issue as a matter of crime, necessitating justice for those involved in the transport, distribution, and consumption of illegal drugs. Every nation in the world has some part in narcotic trade; whether those within a nation grow, manufacture, transport, or consume narcotics, no nation is immune to the impacts of narcotics. Nations like Afghanistan, Colombia, and now Mexico, are particularly susceptible to narcotics problems, with drug cartels controlling much of the economic flow and political power. Groups like the Taliban and the FARC, with much power in Afghanistan and Colombia respectively, are often ruthless and oppressive, creating a clear picture of crime and violence within such nations. The governments of these nations, with the support of the United States, are engaged in counter- cartel operations, attempting to punish the cartels for their crime. In these areas, the issue is vividly treated as one of criminal justice. Recently, the United States has claimed some responsibility for these nations problems, particularly through Secretary of State Hillary Clinton s addresses of support. Essentially, she has suggested that our demand for illegal drugs fuels the cartels power to trade the goods and turn a profit. This rhetoric marks a slight turning point in our consideration of the issue, iterating that the supply side of the problem is directly related to our demand. Treating drug use as a public health issue would first require a greater emphasis on the demand for drugs. In particular, public health initiatives might seek to prevent drug use through anti- drug campaigns, to offer treatment for drug abusers, and to offer rehabilitation for drug addicts. A public health stance on drugs would require society to consider the implications for health in communities and in the United States in general. The anti- tobacco campaigns of the 1990s and 2000s serve as a prime example of public health initiatives; while tobacco was not made illegal, makers were targeted for their product s impacts on societal health. We now have initiatives to help smokers quit, as well as marketing campaigns warning of the

2 dangers of cigarettes. Public health perspectives would likely treat drugs in the same way instead of making drugs illegal, they may be decriminalized or legalized, with safe distribution and consumption emphasized. Portugal has adopted a new perspective in the 21 st century, decriminalizing drug use and treating the issue as one of public health instead of criminal justice. Since this shift in 2001, the nation has undergone a major change in its perspective on drugs; the results can be examined at length online. Other nations have adopted similar approaches, seeking to create a safer atmosphere for those who do fall into drug use and abuse, as well as treatment and rehabilitation for addicts and victims of drug use. Ethically and philosophically, the problem of illegal drugs may boil down to a few questions: In a supply- side framework, can illegal drug trades be stopped or at least hampered enough to more or less eliminate the issue? Can drug traffickers and cartels be eliminated from the picture while treating the issue as one of public health? Are War[s] on Drugs successful in their missions? What are their missions to begin with? Does the treatment of the issue as one of criminal justice a deterrent impede many from trying drugs and therefore becoming dependent? Were the demand of narcotics eliminated or at least significantly reduced, how would traffickers and cartels respond? Should the issue be treated as one of public health instead of criminal justice, would the minimized legal ramifications encourage more people to try illegal narcotic substances? Should people (legal adults particularly) be barred from making the choice to consume any narcotic substance they desire? What obligations does a government have to protect its citizens from the availability, health impacts, or societal impacts of such drugs?

3 "Treating Offenders with Drug Problems: Integrating Public Health and Public Safety" National Institute on Drug Abuse. Mar Web. < (National Institute on Drug Abuse page considering health and public safety for offenders with drug problems.) Dobkin, Carlos, and Nancy Nicosia. "The War on Drugs: Methamphetamine, Public Health and Crime." 18 June Web. < (Essay detailing the pragmatic accomplishments of the War on Drugs and Methamphetamine) Barkow, Rachel E. and Edwards, David B. "How Health Care Can Reduce Crime" Forbes Online. 22 June Web. < care- crime- drugs- opinions- contributors- rachel- barkow- david- edwards.html>. (Article discussing how drug treatment could reduce crime rates and save money) Franklin, Neill. "Only under Legalization Can We Control Drug Use." Philadelphia Inquirer Online. 3 Oct Web. < n_we_control_drug_use.html>. (Article arguing that drug use can not be controlled when it is treated as criminal.) Greenwald, Glenn. "Drug Decriminalization in Portugal: Lessons for Creating Fair and Successful Drug Policies." CATO Institute. The Cato Institute. 2 Apr Web. < (Paper examining Portugal s changed drug policy and its implications) Kristof, Nicholas D. "Drugs Won the War." The New York Times Online. 13 June Web. 04 Oct < (New York Times editorial asserting the War on Drugs failure, especially in criminalizing drugs.) "Counternarcotics Policy." Brookings Institution Online. Web. < (Brookings topic database, with dozens of articles concerning counternarcotics efforts worldwide.) Leeson, Robert. "Addicted to the Drug War." 1 (2007). Hoover Institution. Web. < digest/article/6126>. (Paper making the case that the War on Drugs is detrimental rather than beneficial.) Stimson, Charles. "Legalizing Marijuana: Why Citizens Should Just Say No." The Heritage Foundation. 13 Sept Web.

4 < Marijuana- Why- Citizens- Should- Just- Say- No>. (Heritage Foundation essay opposing the legalization of marijuana, widely considered the least harmful illegal narcotic. Such arguments could likely hold weight for more harmful illegal narcotics as well.) Walser, Ray. "U.S. Strategy Against Mexican Drug Cartels: Flawed and Uncertain." The Heritage Foundation. 26 Apr Web. < Strategy- Against- Mexican- Drug- Cartels- Flawed- and- Uncertain>. (Article attacking the U.S. strategy for Mexico, with a major section refuting the claims of U.S. blame in feeding illegal drug trade.) Casas- Zamora, Kevin. "Drugs and Democracy: Toward a Paradigm Shift." Brookings Institution Online. 22 Apr Web. < mora.aspx?sc_lang=en>. (Article discussing a potential new paradigm in treating drugs within democratic government.)

5 Day One Educators should begin with inquiring about students knowledge of the U.S. War on Drugs. Coaches should help students understand the history of drug prohibition, as well as alcohol prohibition. From this, a discussion could be fostered concerning the differences between the two types of prohibition. One of the most integral areas of analysis to help students develop is the global nature of the drug trade, as goods are moved from nation to nation. Discussion of drug traffickers and cartels across the globe, particularly in areas like Afghanistan, Colombia, and Mexico, could help illuminate the issues currently treated under criminal justice and military action. In addition, educators should provide students with resources examining the public health harms of illegal drugs. Current statistics about drug addiction, abuse, and treatment, can be found in a number of areas on the web. Day Two Educators should ask students some of the aforementioned philosophical and ethical questions. If students have any knowledge of philosophers or major leaders, they could perhaps role- play and attempt to answer the questions from another s perspective. For example, to ask the last question, What obligations does a government have to protect its citizens from the availability, health impacts, or societal impacts of such drugs? To be answered from the perspective of John Locke or a social contract theorist could help students understand the philosophical dimensions of the problem. Day Three At this juncture, students should be ready to analyze the resolution. Asking students about the ramifications of treating the issue as one of only public health, or only criminal justice, could help them to understand the potential attacks on each side of the case. Including areas such as terrorists profit from illegal drug trades, national destabilization, failed prevention of drug availability, and lacking treatment options for those suffering from drug abuse and addiction, will likely best assist students in understanding the many layers of the issue. By combining the philosophical discussion s results with the potential arguments and ramifications, coaches should be able to guide students through the basic outlines for cases.