In response to a question about libertarianism, Matt Yglesias recently had this to say:
The right to have full-scale commercial production, marketing, distribution, and sales of fentanyl is compatible with a similar system of liberty for all. But it would also be a huge catastrophe for human welfare. I think we’re all familiar with the flaws and shortcomings of the so-called “War on Drugs.” At the same time, we can also see the very significant harm that the sale and distribution of fentanyl are causing in the United States, even as it continues to be illegal. If manufacturing, distribution, and sale were allowed, it would be much cheaper and more widely available — we’d have more addicts, more ruined lives, and more overdose deaths. But even worse, we’d have something like the advertising boom we’re currently seeing for sports gambling with large, sophisticated players investing in creating the largest possible new cohort of addicts.
This might be correct, but I am not at all convinced by the argument. Instead, I suspect that the boom in fentanyl use (and the resulting drug overdoses), is more of a consequence of the War on Drugs. Here are a few facts to consider:
1. In the 2000s and early 2010s, there was an increase in the abuse of legal opioids such as Oxycontin. The federal government responded by cracking down of Oxycontin prescriptions. As this legal medication became more difficult to obtain, addicts switched to illegal alternatives such as fentanyl. The new policy turned out to be a spectacular failure, as opioid deaths skyrocketed much higher in the years after the crackdown on Oxycontin use. A graph in a National Affairs article shows the increase:
2. There is other evidence that evidence that the rise in opioid deaths is linked to the illegal status of narcotics. The same National Affairs article describes the consequence of a black market in drugs, where quality controls are nonexistent:
Late last year, the Wall Street Journal reported on three high-status casual drug users — an investment banker, a lawyer, and a social worker — who ordered cocaine from the same New York delivery service. The drugs were laced with fentanyl; all three died.
Such stories — of overdose death among people who are not the conventional “faces of addiction” — have grown increasingly common.
Some might argue that they got what they deserved, as they recklessly chose to consume an illegal product. I don’t believe that’s the right way to think about the issue. I view these tragedies as “collateral damage” in the War on Drugs. If cocaine were legal, all three people would likely still be alive today.
3. I don’t know how many people would use narcotics if they were legal. But I suspect the answer is not “most people”. Look at the death rate from overdoses during the early 1900s, a time when opioids were legal in the US. Admittedly, modern products like fentanyl are more dangerous than opium or heroin. But even back in the pre-fentanyl 1990s, the US overdose death rate was comparable to the early 1900s (a time when hospital emergency room treatments for overdoses were presumably pretty primitive.)
As is so often the case in public policy, this is a question of elasticities. How much would legalizing drugs increase the rate of drug addiction? I don’t know anyone who would decide to go out and consume fentanyl, but I don’t doubt that in a country as large as the US the effect of legalization would be to substantially boost drug use, perhaps by millions of people.
At the same time, full legalization would dramatically improve the safety of drugs in two ways. First, those who chose to consume opioids would know exactly what dose they were getting, which would reduce the risk of accidental overdose. Most fatalities seem to be due to people consuming more fentanyl than they anticipated. Second, if drugs were legal then people might choose to consume less deadly drugs. That investment banker ended up dying from fentanyl not because he wished to consume fentanyl, rather because in a market where cocaine is illegal the product will often be sold in an adulterated form.
Thus if legalization doubled drug use, but also led to a 60% decline in overdose deaths for any given drug user, then total deaths from drug use would decline. Of course there are other side effects to consider, both positive (fewer people in prison and fewer gang wars) and negative (more drug use, which has negative consequences beyond overdose deaths.)
One could also envision intermediate options, such as legalizing “natural” products such as marijuana, hallucinogenic mushrooms, cocaine and opium, while continuing to ban more deadly synthetic drugs like fentanyl and methamphetamines. Here the goal would be “harm reduction”. It’s not that consuming the milder drugs is a good idea, but if people are determined to consume some sort of narcotic, then providing a less dangerous way of getting high will lead to fewer overdose deaths than under a regime where all drugs are illegal, and hence people have no idea what they are consuming.
Another intermediate option would be to fully legalize drugs only for those who do not violate the law or rely on welfare to survive. People convicted of crimes and/or reliant on public welfare because they are unable to hold a job could be required to enter rehab programs.
To summarize, I believe that ideas like drug legalization are dismissed too quickly. It certainly might be a bad idea, but the arguments I’ve seen are not persuasive. In particular, it does no good to cite the horrors of fentanyl use when the fentanyl crisis was created by drug cartels in response to the federal government’s war on less deadly drugs. We need to do more than simply think about where to go next—we need to think deeply about how we got to this position in the first place.
PS. This post is not about libertarianism, and hence I’m not going to comment on Yglesias’s remarks about legal marketing of narcotics, which I regard as an entirely separate issue. My focus here is on the legalization of drug production and consumption.
PPS. Some people view decriminalization as the sensible compromise between prohibition and full legalization. To me, decriminalization seems like the worst of both worlds. You still have the illegal drug trade with all the crime and accidental overdoses, but you also have increased consumption.
READER COMMENTS
steve
Jul 16 2023 at 2:37pm
I agree with a lot of this. In theory this would put the risks of drug use largely upon the drug users, where the risks belong. It is pretty clear that the War on Drugs has cost a lot and has had minimal effects. That said, fentanyl really does worry me. The line between therapeutic and toxic is very thin so you get severe respiratory depression close to therapeutic levels. Even in the medical world we have been pretty careful about letting people use or order fentanyl. Just about anyone can order morphine or dilaudid but we usually build in precautions for fentanyl. Tolerance develops quickly so even with legal fentanyl so you get known quantities I am not so sure people will be able to reliably adjust without high risk of still having an accidental overdose.
Steve
Scott Sumner
Jul 16 2023 at 6:28pm
Good comment. As I suggested, the safer course of action might be to first legalize the natural drugs that aren’t so highly toxic, and see if this reduces demand for fentanyl.
robc
Jul 17 2023 at 9:19am
I agree, but I think even if you legalized both, there would be a switch from fentanyl to the less lethal alternatives.
Scott Sumner
Jul 17 2023 at 3:51pm
I agree.
john hare
Jul 16 2023 at 4:39pm
Not just the drug deaths directly, but also the deaths from dealer or cartel conflicts. I have read that the murder rate in this country dropped in half at the end of prohibition.
Plus the argument that legalization would defund many criminal operations such that many members would have to learn to be productive members of society. Likely that a healthier lifestyle would let many of them live longer.
I could go on but already running off topic.
tpeach
Jul 16 2023 at 7:02pm
Why do you think the opioid epidemic is particularly bad in the US compared to other Western countries? The overuse and abuse of legal prescription opioids like OxyContin before the fentanyl crisis was much more of a problem in the US. Yes, the clampdown on legal opioids drove people towards heroin, and then fentanyl, but many people view the original prescription opioid crisis as being caused by aggressive marketing by pharmaceutical companies.
Kevin Dick
Jul 16 2023 at 7:47pm
Here’s an evidence based criticism of this standard narrative:https://grokinfullness.blogspot.com/2017/09/debunking-standard-narrative-on-opioid.htmlhttp://grokinfullness.blogspot.com/2016/04/prescription-painkiller-drug-poisonings.html
Scott Sumner
Jul 16 2023 at 9:14pm
tpeach, I am not certain why things are worse in the US. But I do strongly recommend the link Kevin Dick provides. (I had to go to a second link to find the blog post.)
Kevin Dick
Jul 17 2023 at 3:36am
That was supposed to be two links. One a follow up post to another. The blog comments seems to lose carriage returns.
http://:https://grokinfullness.blogspot.com/2017/09/debunking-standard-narrative-on-opioid.html
http://grokinfullness.blogspot.com/2016/04/prescription-painkiller-drug-poisonings.html
Knut P. Heen
Jul 17 2023 at 5:43am
A stronger argument is that serious businessmen don’t like to kill their customers. A dead addict is simply lost cash flow.
GregS
Jul 17 2023 at 9:39am
Good post.
Scott Sumner says, “In the 2000s and early 2010s, there was an increase in the abuse of legal opioids such as Oxycontin. ” This could be true if it’s taken to mean that the existing population of addicts was using legal opioids more intensely; it isn’t true if it’s taken to mean there were more people addicted to or abusing opioids. There was no increase in prescription opioid abuse rates or addiction (as a fraction of population) over that time. See pages 7 and 26 in this document, which show completely flat trendlines for the relevant data: https://www.samhsa.gov/data/sites/default/files/NSDUH-FRR1-2014/NSDUH-FRR1-2014.pdf
I’m always baffled that people tell this narrative without referring to the government data tracking drug use, which would discredit the story they want to tell. (To be clear, I’m not saying Scott is doing this. This same annual report suddenly and mysteriously stopped charting the prescription opioid numbers in the 2015 report, even though it continued to chart the trends in other drugs, so they’ve made it harder to determine what’s happening later than 2014. Also, the data show a decline in cocaine use which tracks with a decline in cocaine deaths, so I assume the data are reasonably accurate.)
The other thing I’d point out is that prescription opioid “overdoses” are usually multi-drug poisonings. I think this is relevant because it undercuts a “pure pharmacology” model of addiction. Addiction to opioids (perhaps starting with a prescription) can logically lead to continued use and abuse of opioids. But these people are expiring because they’re taking opioids in conjunction with benzodiazepines and alcohol (two common cofactors in prescription opioid deaths). This looks more like deliberate risk-taking behavior than a compulsion due to pure pharmacology. I think most “opioid crisis” narratives imply that people have less agency than they really do. This phenomenon of opioid patients naively sleep-walking into a dangerous addiction is extremely rare and way overblown. (The kind of person who is willing to engage in a risky drug habit is not the kind of person who is deterred by legal penalties. I’ve always argued that there is a contradiction of assumptions here on the part of the drug warriors.)
I completely agree with Scott’s point that a legal market would bring about transparent labeling and other safety features, which would prevent (in my opinion) most drug poisoning deaths.
Thanks to Kevin Dick for linking to a couple of my old blog posts which are relevant to this topic.
Robert EV
Jul 17 2023 at 1:36pm
“But these people are expiring because they’re taking opioids in conjunction with benzodiazepines and alcohol (two common cofactors in prescription opioid deaths). This looks more like deliberate risk-taking behavior than a compulsion due to pure pharmacology.”
On first glance it looks to me like people with chronic medical conditions who are trying to get something to work. Tolerance is something, but even without it particular kinds of pain may vary at times in how well particular drugs combat them, or there may be multiple conditions at work in an individual.
steve
Jul 17 2023 at 2:51pm
The respiratory depression caused by narcotics is greatly increased whenever you add in a CNS depressant so it’s true there are often lots of drugs on board. But, after looking at hundreds (thousands?) of drug screens when they are positive they are almost always positive for multiple substances. However, we didn’t see the surge in deaths until fentanyl came along. Just be glad it isn’t carfentanil.
It could be risk taking but how would you tell? It’s clear that some percentage of these deliberate suicide attempts but talking with a lot of survivors in the ED and ICU I think most of it was looking for a better or more extended high. A lot of them also didn’t think it would affect them since they weren’t “that drunk” or hadn’t taken much of a Benzo.
Steve
Scott Sumner
Jul 17 2023 at 3:54pm
Greg, Very good points. I should have been more careful in my claim.
rick shapiro
Jul 17 2023 at 1:14pm
Aside from the silly paragraph about “only for those who do not violate the law “, this is a good analysis about the harms of the war on drugs. But it neglects to mention the harm mitigation of drug therapy and rehab. To make therapy available to anyone who needs it would cost a tiny fraction of the money spent on enforcement and incarceration.
Also, drug laws empower criminal gangs to the point where they control some countries, as well as exacerbating corruption here at home. Even more, they encourage a poverty ethic by presenting role models of gangsters.
Lastly, don’t forget that drug laws are. by nature, tyrannical. And they violate the “not hopeless” requirement for Grotius’s “just war”.
Robert EV
Jul 17 2023 at 1:40pm
Great points.
I also had a problem with that paragraph’s “rely on welfare”, which ultimately is a definitional issue. If one sees all government handouts as “welfare”, the largest recipients include some of the wealthiest people (tax breaks for companies, for instance). And would private sector welfare count? If the soup kitchen and shelters are run by charitable or religious institutions does this count too?
Scott Sumner
Jul 17 2023 at 3:57pm
Fair point. I was thinking of people who are unemployed for long periods and depend on government assistance to survive.
BTW, would private charities demand that people they help stop using drugs?
robc
Jul 18 2023 at 9:40am
Some do, some dont.
Scott Sumner
Jul 17 2023 at 3:58pm
“Lastly, don’t forget that drug laws are. by nature, tyrannical. And they violate the “not hopeless” requirement for Grotius’s “just war”.”
Very good points.
Jose Pablo
Jul 17 2023 at 2:28pm
If any lesson can be drawn from the prohibition era, the conclusions would be that a) the consequences are very hard to predict, and b) they would be, very likely, mostly along your lines:
When the law went into effect, [prohibition’supporters] expected sales of clothing and household goods to skyrocket. Real estate developers and landlords expected rents to rise as saloons closed and neighborhoods improved. Chewing gum, grape juice, and soft drink companies all expected growth. Theater producers expected new crowds as Americans looked for new ways to entertain themselves without alcohol. None of it came to pass.
Instead, the unintended consequences proved to be a decline in amusement and entertainment industries across the board. Restaurants failed, as they could no longer make a profit without legal liquor sales. Theater revenues declined rather than increase, and few of the other economic benefits that had been predicted came to pass.
(..)
The trade in unregulated alcohol had serious consequences for public health. As the trade in illegal alcohol became more lucrative, the quality of alcohol on the black market declined. On average, 1000 Americans died every year during the Prohibition from the effects of drinking tainted liquor.
https://www.pbs.org/kenburns/prohibition/unintended-consequences#:~:text=On%20average%2C%201000%20Americans%20died,effects%20of%20drinking%20tainted%20liquor.
David S
Jul 17 2023 at 3:39pm
I’m glad you have the postscript about the probable negative impacts of decriminalization, because some feedback from the Portugal experiment isn’t entirely encouraging. I think part of the problem there is that they become the defacto “drug speakeasy” for the EU to a much greater extent than what Netherlands did with marijuana.
I’m in favor of gradual legalization of all substances. The legal weed policy in some U.S. states seems to be generally positive–but the regulatory burdens are simply insane. I also think that certain hard drugs can have a self-correcting feature if they have a high fatality rate or develop a social stigma. Crack cocaine went through that cycle.
Scott Sumner
Jul 17 2023 at 4:01pm
“I think part of the problem there is that they become the de facto “drug speakeasy” for the EU”
Good point, which suggests that large regions do better than small regions with legalization. The fact that things turned out OK in Colorado is important, as you’d expect the damage from legalization in a single state to be much higher than for the entire US, for the reasons you suggest. And yet even Colorado did fine.
Capt. J Parker
Jul 17 2023 at 5:16pm
I agree with Dr. Sumner’s main point that some ideas to reduce the harm from drugs are dismissed too quickly. At the same time, certain assertions about how market forces would affect drug use and reduce negative consequences are taken as being correct too quickly. For example:
Turns out, this may not be correct:
https://www.sciencedirect.com/science/article/abs/pii/S016762962300005X
And of course the debate about pot legalization did not include discussions about this:
https://www.usnews.com/news/health-news/articles/2023-05-10/marijuana-use-implicated-in-almost-a-third-of-cases-of-schizophrenia-in-young-men
Even the assertion that legalization removes the criminal element from the production, sale and distribution channels might not be totally true:
https://www.forbes.com/sites/joewalsh/2021/09/21/former-massachusetts-mayor-gets-6-years-in-prison-for-extorting-marijuana-businesses/?sh=6fcfb1f32ef5
The war on drugs has plenty of problems. The free market of state by state pot legalization allows a golden opportunity to check some assumptions about drug legalization. The picture emerging is complicated and hardly a total victory for the legalization argument.
Scott Sumner
Jul 18 2023 at 1:47am
None of those studies have any relevance to the claims I make in the post. None of those drugs (even marijuana) have been fully legalized in the US, and thus a black market remains. Illegal markets exist due to regulation and high taxes—most other products don’t have a black market.
Regarding schizophrenia, correlation doesn’t prove causation. I don’t think anyone is surprised that drug users tend to have more problems than non-drug users. Consider the type of person who is likely to use illegal drugs.
Capt. J Parker
Jul 18 2023 at 4:54pm
The first study is absolutely relevant to the claim that legalizing softer drugs such as marijuana will reduce deaths from harder drugs like opioids. To make it not relevant you simply moved the goal post on the nature of the “legalized” market for softer drugs. It’s a no true Scotsman argument.
Scott Sumner
Jul 19 2023 at 7:26pm
You are mixing up several unrelated points. First, the problem of adulterated drugs is much less likely to occur with marijuana than with cocaine or heroin. Those have not been legalized. Second, most of the cases where marijuana is adulterated probably occur in the still large illegal market, which exists because the product has not been fully legalized.
Legal products generally don’t have black markets. Why would they?
Todd R Ramsey
Jul 18 2023 at 10:46am
In 2014 the federal government placed hydrocodone (Vicodin) on DEA Schedule II, making it harder for patients to obtain a prescription, and concurrently made all narcotics more difficult to obtain by placing national quotas on annual distribution of all Schedule drugs. That’s when the steep rise in opiate deaths began.
Scott Sumner
Jul 18 2023 at 2:10pm
Good point.
Comments are closed.