The Economics of Prohibition the Economics of Prohibition
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The Economics of Prohibition The Economics of Prohibition Mark Thornton University of Utah Press Salt Lake City Copyright © 1991 University of Utah Press All rights reserved o° The paper in this book meets the standards for permanence and durability established by the Committee on Production Guidelines for Book Longevity of the Council on Library Resources Library of Congress Cataloging-in-Publication Data Thornton, Mark. The economics of prohibition / Mark Thornton. p. cm. Includes bibliographical references and index. ISBN 0-87480-375-6 (alk. paper). — ISBN 0-87480-379-9 (pbk. : alk. paper) 1. Prohibition—Economic aspects. 2. Prohibition—Economic aspects—United States. 3. Narcotics, Control of—Economic aspects— United States. 4. Drug traffic—Economic aspects—United States. 5. Narcotics and crime—Economic aspects—United States. I. Title. HV5O88.T48 1991 338.4'336341'0973—dc2O 91-50333 CIP Contents Foreword vii Acknowledgments ix Introduction 3 1. ECONOMISTS AND PROHIBITION 9 The Origins of the "Economics" of Prohibition 11 In Defense of Prohibition 15 Prohibition's Blue Monday 23 The Economics of Heroin Prohibition 29 The Economics of Addiction 35 2. THE ORIGINS OF PROHIBITION 39 The Prohibition of Alcohol 40 National Narcotics Prohibition 56 National Marijuana Prohibition 65 3. A THEORY OF PROHIBITION 71 The Basic Analytics of Prohibition 73 The Political Economy of Prohibition 84 4. THE POTENCY OF ILLEGAL DRUGS 89 The Economics of Potency 92 Prohibition as a Tax 93 The Impact of Prohibition on Potency 95 Potency in Prohibited Markets 99 Alcohol Prohibition 100 The Prohibition of Marijuana: A Simple Test 105 Beyond Cannabis 108 VI 5. THE CORRUPTINGEFFECTS OF PROHIBITION 111 Crime 113 Corruption 126 6. THE REPEAL OF PROHIBITION 139 Is Effective Prohibition Possible? 142 Alternative Policy Regimes 146 The Free-Market Solution 149 The Extended Free-Market Solution 151 References 155 Index 167 FIGURES 1. Prohibition's Impact on the Consumer and Producer 74 2. The Traditional Approach for Determining the Optimal Level of Prohibition Enforcement 76 3. The Process of Progressive Interventionism (and exit) 84 4. Effect of Improved Technology for High-Potency Drug Production 92 5. Federal Budget for Enforcement of Drug Laws, 1973-1984 106 6. Average Potency of Marijuana, 1973-1984 108 7. The Impact of Prohibition on the Consumption of Heroin 118 8. Prohibition's Impact on the Heroin Addict's Budget Constraint 118 9. Prohibition's Impact on (addict-related) Criminal Activity 119 10. Federal Convictions of Public Officials, 1970-1988 128 TABLES 1. Absenteeism Rates in a Delaware Gunpowder Plant 26 2. Average Annual Percentage-Point Decline in Absenteeism in a Delaware Gunpowder Plant 29 3. Shipping the Good Apples to New York 94 4. Federal Expenditures upon the Enforcement of Prohibition 100 5. Fisher's "Alcohol Price Index," 1916-1928 102 6. The Effect of Prohibition on Alcohol Expenditures 103 7. Per Capita Consumption of Alcoholic Beverages in Gallons,1840-1919 104 Foreword oreign wars come and go, but the Drug War is a constant of U.S. Fdomestic policy. For nearly eight decades the government has attempted to prevent American citizens from using one or more illicit substances. By the 1980s the government's efforts had become truly draconian: more than one million drug arrests annually; minimum drug sentences that exceed the average punishment for murderers and rapists; increasing numbers of wiretaps; property confiscations and home evictions based on mere suspicion of drug use; ever more warrantless searches as part of the constantly expanding "drug exception" to the Fourth Amendment; growing involvement of the Central Intelligence Agency, Department of Defense, and National Guard; citywide curfews; and proposals for everything from shooting down unidentified planes at the border to declaring martial law. Yet these efforts have yielded few positive results. The U.S. now has more than one million people in prison, yielding the highest rate of imprisonment in the industrial world. Young blacks are more likely to die in gun battles in the criminal underground, funded by drug prohibition, than they were while serving in the army in Vietnam. Drug users seeking to pay the inflated prices of illegal substances commit thousands of property crimes in cities and their suburbs. Children, who receive lesser criminal punishments, are increasingly recruited into the drug trade, where many become users. Moreover, the law appears to have stopped few people from trying illicit substances. According to the National Institute on Drug Abuse, 74.4 million people over the age of 12 have tried drugs, despite decades of drug prohibition. Nearly 27 million use illegal substances viii The Economics of Prohibition at least once a year. Rates of drug use are now falling, but the declines started before the periodic escalations of the drug war during the 1980s. Given this record, it is time to fundamentally reevaluate America's drug policy. To do so risks attack from publicity-minded drug czars and vote-seeking politicians. But not to do so acquiesces to a policy that is needlessly imprisoning, maiming, and killing tens of thousands of people for voluntarily using and selling substances that are demonstrably less harmful—particularly in the number of deaths they cause—than the legal drugs alcohol and tobacco, the latter of which is subsidized by the federal government. Courageously picking up the gauntlet tossed down by the drug war lobby is Mark Thornton. In a debate more often marked by emotion than facts, Professor Thornton looks at how illegal drug markets, for alcohol as well as today's disfavored substances, really work. Particularly important is his conclusion that such problems as crime and corruption are natural outgrowths of drug prohibition, not drug use. As a result, the deaths of innocent bystanders in drug dealers' gun battles, for example, create an argument for drug legalization, not stricter enforcement. Many readers may nevertheless disagree with Professor Thorn- ton's conclusions. But they will still have an obligation to respond to his evidence that the costs of prohibition are huge and obvious, while the benefits are few and dubious. The burden of proving Professor Thornton wrong, and thereby justifying continuation of the drug war, now rests on those who oppose drug legalization. Cato Institute DOUG BANDOW Acknowledgments uring my study of prohibition I have been helped by many Dfriends and colleagues. Their encouragement, suggestions, and corrections made this book possible. My gratitude and respect go to John D. Jackson, who provided the critical guidance so crucial to the completion of this project. The unceasing stream of comments and suggestions from Richard D. Ault and Leland B. Yeager contributed both insights and a broad perspective. Seth A. Anderson provided valuable suggestions and encouraged me in my efforts to find a publisher. It is to the credit of my teacher, coauthor, colleague, and friend Robert B. Ekelund, Jr., that the lessons and debates in his classroom turned my question into an answer—an answer that forms the foundation of this book. I owe a special debt to the University of Utah Press, whose staff had the courage and foresight to bring this book to fruition. I am also grateful to the distinguished group of reviewers assembled for this project—Bruce Benson, Charles Maurice, and Murray Roth- bard—each of whom provided valuable comments and corrections. Three institutions have provided support for this project. The Institute for Humane Studies at George Mason University provided my initial exposure to classical liberalism and academic research. I wish to offer my thanks for the 1990 F. Leroy Hill Summer Faculty Fellowship, and I give special thanks to Sheldon Richman for his assistance in preparing this manscript for publication. I also wish to acknowledge the H. B. Earhart Foundation for its financial assistance during the preparation of this book. IX x The Economics of Prohibition My very special thanks go to the members and staffof the Ludwig von Mises Institute. The intellectual environment, continuous encouragement, and financial support they provided were invaluable. For their assistance and faith in me, I would especially like to thank Llewellyn H. Rockwell and O. P. Alford III. It is my hope that the publication of this book begins to repay all those who have shown so much confidence in me. Introduction rohibition has an ever-increasing impact on our daily life. In the PUnited States, prohibition against certain drugs, involving "wars" on them, has become one of our most visible and hotly debated national problems. The purpose of the following investiga- tion is to improve our understanding of the origins and results of prohibition, and therefore indirectly to contribute to future policy- making, shifting it toward rationality. At the core of this book, one of the first theoretical investigations of prohibition, is an economic theory of prohibition, which defines prohibition as a government decree against the exchange of a good or service. Recent studies of decrees against cocaine, heroin, and mari- juana suggest that these prohibitions impose heavy costs and are extremely difficult to enforce. Beyond such costs and enforcement difficulties, however, I argue that effective prohibition is impossible to achieve, because the unintended consequences of prohibition itself preclude any benefits. The only long-term solution to the problems engendered by the "misuse" of a product, I maintain, is legalization of that product. With legalization, as opposed to decriminalization and other forms of government interventionism, the government treats the misused product or service as if it were soybeans, computer chips, or pencils. The market is controlled by self-interest and normal legal constraints, such as product-liability law. This book may be viewed as a challenge to prohibitionists to present a theory that describes the benefits of prohibition. It may also be seen as a challenge to those who recommend that prohibition be replaced with some form of decriminalization.