Reminiscent of the speed with which Malcolm Turnbull rejected the Uluru Statement from the Heart, New South Wales Premier Gladys Berejiklian has confirmed that she will blindly refuse to accept sensible advice from the NSW coroner on decriminalisng drugs. This is despite the fact that she hasn’t formally received the recommendations to be made by the coroner following an inquest into several drug overdose deaths at music festivals.
The recommendations from Coroner Harriet Grahame, leaked to The Daily Telegraph, will include that pill-testing be introduced, and sniffer dogs and strip searches abolished, as practical evidence-based measures to materially reduce the risk of overdoses and deaths.
Berejiklian has been all over the media in response, reiterating her favoured mantra: there is no safe way to take illegal drugs. Her government is reintroducing legislation, previously knocked back by the NSW upper house, imposing stringent new obligations on festival organisers to further ramp up the standing policy of prevention.
On one side are the parents of previous overdose victims; almost the entire medical profession; researchers who have dug deep on this issue; even a previous Federal Police commissioner. Their message: prohibition does not work. Kids will take pills. Surely the top priority must be to reduce the risk that those pills will kill them.
On the other side are conservative politicians and loud media voices, repeating their talking point: drugs are illegal. As Berejiklian says every time, what we need to be doing is convincing kids not to take them in the first place.
Ignoring the question of why some drugs are illegal and others not, which is a moral issue dressed up as a public safety one, my interest is in the peculiar policy logic of prohibition. Why do lawmakers mulishly pursue policies that are known, beyond any doubt whatsoever, to be futile?
The guide book on prohibition was written by, well, Prohibition. The United States enacted the 18th amendment to its constitution in 1919, making it illegal to produce, transport or sell alcohol throughout the country. Its policy basis was strictly moral: the temperance movement had identified liquor as the root cause of marital and family breakdown and it was widely seen as an evil influence on society.
Famously, by the time Prohibition was repealed in 1933, it had not just failed to stop people from desiring a drink (and getting one); it had fuelled the rise of organised crime. Al Capone reputedly turned over $60 million a year in the 1920s from illicit liquor enterprises.
As a mass experiment in policy implementation, you couldn’t do any better. Yet the results didn’t give the US even a moment’s pause in its later decision to start a “war on drugs” under Ronald Reagan, which is still going 40 years later and has, like Prohibition, consistently failed.
In Australia, it has been routinely treated as political poison for a major party to align itself with any attitude to drugs other than maintaining their illegality and advocating ever more inventive ways to prevent them. The concept of medicinal cannabis is gaining a creeping acceptance due to its loophole status as a substance with an apparently beneficial use; thus its allowance doesn’t offend the moral core of the abolition camp.
But pills? No way, no how. Now — we know that kids take them in huge quantities, particularly at festivals. We know also that telling people that drugs are bad has never worked, either as an advertising approach or by virtue of enforcement.
We also know, because of expert evidence here, and years of actual experience overseas, that the measures of prevention/terror currently implemented by NSW Police don’t work and, in fact, are more likely to increase risky behaviour than suppress it. And, beyond doubt, we know that pill-testing reduces deaths and injury. Vastly. It protects very young people who have not done anything worse than try to get a high at a dance party.
So, why do Berejiklian and co stick to their guns? Why does the NSW police commissioner keep saying that he can’t condone a policy that would enable illegal behaviour, when he knows better than anyone that it would materially enhance public safety, the primary purpose of his command?
Much law-making is ideological, of course. Moral beliefs, whether religious or not, are a fragile foundation for policy, but they can arguably compete for that role with other theories of social organisation. The outlawing of murder can be justified equally because it’s a commandment, or because it breaches the social contract. Same-same, in practical terms.
But the bible doesn’t mention MDMA. The morality-based arguments for drug prohibition are hard to pin down, which is why they tend to get muddled up with more pragmatic justifications like social harm or protection of people from their own risk-taking impulses (unlike gambling, which is completely fine).
The result is that the insistence of politicians that the war on drugs must be maintained, that prohibition is the answer, can’t even really be called ideological; at least, not in any coherent way. And if not that, then what is it?
It’s just dumb, that’s what it is. Blind, bull-headed, unthinking ignorance. And that is no basis for lawmaking at all.
Ignoring expert advice and adhering to invalid dogma seems to be the LNP speciality.
Coroners comments are not expert advice – Unfortunately a tendency has arisen whereby coroner’s comments are taken as some sort findings of a commission of enquiry- Coroners actually have limited function they have to make findings as to death – they have to find who is dead person , when death occurred , and what was the cause of death. That is the sum of their legal findings – their subsequent comments are just that.
If the cause of death was a system failure that would have been corrected long before an inquest even commences.
“almost the entire medical profession; researchers who have dug deep on this issue; even a previous Federal Police commissioner” any expert advice available from that lot Desmond ?
Lack of pill testing is a clear system failure, thus disproving your point.
The technology for on-site pill testing is very basic. FTIR is ok for ID of single substances but is next to useless for complex mixtures without some serious expertise in background subtraction and even then… Its also shithouse for quantitative work as well (which is actually what kills the kiddies).
It’s ok for saying your MDMA as actually fentanyl but it’s pretty much useless for anything else.
I’d like to know how many pills Gladys has to pop and how many other drugs she needs to keep functioning as such. If it is her natural behaviour it doesn’t augur too well for the mental health of normality..
Hey, I’m with Berejiklian. We all know that teenagers don’t get pregnant or catch venereal diseases because they’ve given up sex, we all know that they don’t strain their eyesight because they’ve given up their smart devices, and we all know they’ve abandoned the myth of global warming to settle down and take up a mortgage. Gladys’s knowledge of teenagers and twenty-somethings is that of an omniscient and wise adult, and of course, music festivals will never have another fatality under her watch.
Remember when we were that young. How much more responsible we were?
We never drank and drove.
We never exceded the speed limit.
We couldn’t wait for seat-belts to be introduced.
We never drove when were too tired.
We never “experimented” with drugs or smoked pot.
We waited ’til we were of “age” to try alcohol and sex.
…… The young these days. If only they could show the same level of self-restraint we did, amid all the temptations we faced : compared to what they face now?
Just sane.
Love it klewso!
Me too..
It’s interesting Gladys was obviously not a normal teenager/young person, therein lies the problem, she obviously has little understanding about what these youngsters get up to at these festivals, this too me suggests she doesn’t have the authority or experience too make decisions in this area..
Too me those that have worked in this field should be brought in too design the process & policy by which drug testing is formulated, as well as the best way to focus on how to deal with the users of it…
Good klewso. Just a substitution experiment:
Remember when Gladys was that young. How much more responsible she was?
Gladys never drank and drove.
Gladys never exceeded the speed limit.
Gladys couldn’t wait for seat-belts to be introduced.
Gladys never drove when she was too tired.
Gladys never “experimented” with drugs or smoked pot.
Gladys waited ’til she was of “age” to try alcohol and sex.
…… The young these days. If only they could show the same level of self-restraint Gladys did, amid all the temptations Gladys faced : compared to what they face now?
“Gladys waited ’til she was of “age” to try alcohol and sex.”
Are you sure she has tried either or both of those?
Interesting observation Dog’s breakfast
Exactly.
I wonder what she thinks all the young kids who can’t go out in the city anymore take at parties? Or for that matter a lot of the middle-aged people who can’t go out in the city as well….
“It’s just dumb, that’s what it is. Blind, bull-headed, unthinking ignorance. And that is no basis for lawmaking at all.”
That sentence could also apply to all those sheep taking drugs.
Just saying.
Ahh, I’m just saying that you’ve quoted 3 sentences,and I’m wondering if you are implying that our lawmakers are drug taking sheep ?
Just asking.