Thursday, 23rd March 2017

Research Articles

A Comparison of the Cost-effectiveness of the Prohibition and Regulation of Drugs

A Report by Transform

‘The benefits of… [legalisation/regulation] – such as taxation, quality control and a reduction in the pressures on the criminal justice system – are far outweighed by the costs and for this reason, it is one that this Government will not pursue either domestically or internationally.” Home Office Briefing, 2008.
* Despite the billions spent each year on proactive and reactive drug law enforcement, the punitive prohibitionist approach has consistently delivered the opposite of its stated goals. The Government’s own data clearly demonstrates drug supply and availability increasing; use of drugs that cause the most harm increasing; health harms increasing; massive levels of crime created at all scales leading to a crisis in the criminal justice system; and illicit drug profits enriching criminals, fuelling conflict and destabilising producer and transit countries from Mexico to Afghanistan. This is an expensive policy that, in the words of the UN Office on Drugs and Crime, has also created a raft of negative ‘unintended consequences’.

* The UK Government specifically claims the benefits of any move away from prohibition towards legal regulation of drug markets would be outweighed by the costs. No such cost-benefit analysis, or even a proper Impact Assessment of existing enforcement policy and legislation has ever been carried out here or anywhere else in the world. Yet there are clear Government guidelines that an Impact Assessment should be triggered by amongst other things, a policy going out to public consultation or when ‘unintended consequences’ are identified, both of which have happened with drug policy in recent years.

* Alternative approaches - involving established regulatory models of controlling drug production, supply and use - have not been considered or costed. The limited cost effectiveness analysis of current policy that has been undertaken has frequently been suppressed. In terms of scrutinizing major public policy and spending initiatives, current drug policy is unique in this regard.

* The generalisations being used to defend continuation of an expensive and systematically failing policy of drugs prohibition, and close down a mature and rational exploration of alternative approaches, are demonstrably based on un-evidenced assumptions.

* This paper is an attempt to begin to redress these failings by comparing the costs and benefits of the current policy of drug prohibition, with those of a proposed model for the legal regulation of drugs in the UK. We also identify areas of further research, and steps to ensure future drugs policy is genuinely based on evidence of what works.

* This initial analysis demonstrates that a move to legally regulated drug supply would deliver substantial benefits to the Treasury and wider community, even in the highly unlikely event of a substantial increase in use.