required to deal with the altered brain func-
tion and the concomitant behavioral and
social functioning components of the illness.
Understanding addiction as a brain dis-
ease explains in part why historic policy
strategies focusing solely on the social or
criminal justice aspects of drug use and
addiction have been unsuccessful. They are
missing at least half of the issue. If the brain
is the core of the problem, attending to the
brain needs to be a core part of the solution.
REFERENCES AND NOTES
___________________________
1. C. P. O’Brien and A. T. McLellan, Lancet 347, 237
(1996).
2. A. T. McLellan et al.,inTreating Drug Abusers Effec-
tively, J. A. Egertson et al., Eds. (Blackwell, Malden,
MA, 1997), pp. 7–40.
3. R. Booth et al., Drug Alcohol Depend. 42, 11 (1996);
H. M. Colon et al., AIDS Educ. Prev. 7, 195 (1995);
R. C. Stephens et al.,inHandbook on Risk of AIDS,
B. S. Brown and G. M. Beschner, Eds. (Greenwood,
Westport, CT 1993), pp. 519–556; W. W. Wiebel et
al., J. Acquired Immune Defic. Syndr. 12, 282 (1996).
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1994); Institute of Medicine, Pathways of Addiction
(National Academy Press, Washington, DC, 1996).
5. G. F. Koob, Trends Pharmacol. Sci. 13, 177 (1992);
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9. G. F. Koob, Neuron 16, 893 (1996).
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(McGraw-Hill, Minneapolis, MN, 1997).
11. The state of addiction—both the clinical condition
and the brain state—is qualitatively different from
the effects of large amounts of drugs. The individ-
ual, once addicted, has moved from a state where
drug use is voluntary and controlled to one where
drug craving, seeking, and use are no longer under
the same kind of voluntary control, and these
changes reflect changes in brain function. The ex-
act mechanisms involved are not known. For ex-
ample, it is not clear whether that change in state
reflects a relatively precipitous change in a singe
mechanism or multiple mechanisms acting in con-
cert, or whether the shift to addiction represents
the sum of more gradual neuroadaptations. More-
over, there are individual differences in the vulner-
ability to becoming addicted and the speed of be-
coming addicted. For some individuals, the meta-
phorical switch moves quickly, whereas for others
the changes occur quite gradually (6–10).
12. L. B. Baxter et al., Semin. Clin. Neuropsychiatry 1,32
(1996).
13. A. R. Childress et al., Natl. Inst. Drug Abuse Res.
Monogr. 84, 25 (1988); D. C. Daley and G. A.
Marlatt, in Substance Abuse: A Comprehensive
Textbook, J. H. Lowinson et al., Eds. ( Williams &
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C. P. O’Brien, Pharmacol. Rev. 27, 535 (1975);
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12040 (1996).
14. J. A. Inciardi et al., J. Drug Issues 27, 261 (1997);
H. K. Wexler and D. S. Lipton, in Drug Treatment and
Criminal Justice, J. A. Inciardi, Ed. (Sage, Newbury
Park, CA, 1993), pp. 261–278.
Interpreting Dutch Cannabis
Policy: Reasoning by Analogy in
the Legalization Debate
Robert MacCoun and Peter Reuter
The Dutch depenalization and subsequent de facto legalization of cannabis since 1976
is used here to highlight the strengths and limitations of reasoning by analogy as a guide
for projecting the effects of relaxing drug prohibitions. While the Dutch case and other
analogies have flaws, they appear to converge in suggesting that reductions in criminal
penalties have limited effects on drug use—at least for marijuana—but that commercial
access is associated with growth in the drug-using population.
Illicit drugs continue to be a major source
of health and social problems in the Unit-
ed States, accounting for 35% of new cases
of acquired immunodeficiency syndrome
(1) and about $50 billion in criminal in-
come (2). Large declines in prevalence
have occurred since the mid-1980s—
10.7% of the household population report-
ed use of an illicit drug in the previous
year in 1995, compared with 16.3% in
1985 (3)—but most measures of adverse
consequences have risen or stabilized.
Heroin-related deaths recorded by Medi-
cal Examiners in 25 metropolitan areas
rose from 1300 in 1985 to 3500 in 1994
(4).
U.S. drug policy is heavily committed
to a punishment-based approach. This is
reflected in budgets; two-thirds of the fed-
eral government’s $16 billion expendi-
tures go to supply-reduction programs (5),
whereas state and local governments, esti-
mated to spend $18 billion, probably de-
vote 75 to 80% to policing, prosecution,
and corrections (6). About 400,000 indi-
viduals are currently incarcerated in jails
or prisons for violation of drug laws (7).
Moreover, treatment and prevention pro-
grams are frequently required to show that
they are cost-effective, a standard never
imposed on drug enforcement (8). Penal-
ties have increased whenever a drug be-
comes more prominent, as for example in
the new federal methamphetamine statute
(9). The probability of a cocaine or heroin
seller being incarcerated has risen sharply
since about 1985 (10), but that has led
neither to increased price (11) nor re-
duced availability (12).
The Legalization Debate
Given the persistence of a major drug prob-
lem despite expensive, intrusive, and harsh
policies, it is not surprising that there has
been a continuing debate in the United
States about the desirability of major
changes in that policy, indeed a shift in
the basic regime (13). Some press for de-
penalization (often misleadingly termed
decriminalization), the removal of crimi-
nal penalties for the simple possession of
drugs; a smaller number press for the more
radical step of legalizing the distribution of
any psychoactive substance, subject to civ-
il regulation (14). Few commentators dis-
tinguish among drugs in debating these
recommendations.
The debate about legalization invokes
conflicts in values, with legalizers empha-
sizing the threat that prohibition poses to
civil liberties (15) and opponents the hedo-
nism and self-centeredness of drug taking
(16). However, the debate also exposes
gross discrepancies in predictions of the ef-
fects of legalization on levels of drug use.
Legalizers point to the failure of increasing
enforcement to raise prices or decrease
availability as evidence that legalization
would not much increase use or dependence
(17), while their opponents emphasize the
importance of symbolic and real barriers to
initiation associated with prohibition to
suggest that legalization would produce
massive increases in these rates (18).
There are three general strategies for
projecting the likely consequences of a
change in the legal regime for drugs. First,
one can draw upon existing theory and
research. But for a variety of reasons (19),
research on variations in drug law enforce-
ment within a prohibition regime cannot be
extrapolated outside that regime, and exist-
ing theories provide an uncertain guide to
the net consequences of such interventions.
Legal change is far more fundamental than
R. MacCoun is at the Richard and Rhoda Goldman School
of Public Policy, University of California, Berkeley, CA
edu
P. Reuter is at the School of Public Affairs and Depart-
ment of Criminology, University of Maryland, MD 20742,
USA.
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