Drug prohibition
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.
An area has a prohibition of drugs when its government uses the force of law to punish the use or possession of drugs which have been classified as controlled. A government may simultaneously have systems in place to regulate both controlled and non controlled drugs. Regulation controls the manufacture, distribution, marketing, sale, and use of certain drugs, for instance through a prescription system. For example, in some states, the possession or sale of amphetamines is a crime unless a patient has a physician's prescription for the drug; having a prescription authorizes a pharmacy to sell and a patient to use a drug that would otherwise be prohibited. Although prohibition mostly concerns psychoactive drugs, prohibition can also apply to non-psychoactive drugs, such as anabolic steroids. Many governments do not criminalize the possession of a limited quantity of certain drugs for personal use, while still prohibiting their sale or manufacture, or possession in large quantities. Some laws set a specific volume of a particular drug, above which is considered ipso jure to be evidence of trafficking or sale of the drug.
Some Islamic countries prohibit the use of alcohol. Many governments levy a tax on alcohol and tobacco products, and restrict alcohol and tobacco from being sold or gifted to a minor. Other common restrictions include bans on outdoor drinking and indoor smoking. In the early 20th century, many countries had alcohol prohibition. These include the United States, Finland, Norway, Canada, Iceland and the Russian Empire/USSR. In fact, the first international treaty to control a psychoactive substance adopted in 1890 actually concerned alcoholic beverages. The first treaty on opium only arrived two decades later, in 1912.
Definitions
Drugs, in the context of prohibition, are any of a number of psychoactive substances whose use a government or religious body seeks to control. What constitutes a drug varies by century and belief system. What is a psychoactive substance is relatively well known to modern science. Examples include a range from caffeine found in coffee, tea, and chocolate, nicotine in tobacco products; botanical extracts morphine and heroin, and synthetic compounds MDMA and fentanyl. Almost without exception, these substances also have a medical use, in which case they are called pharmaceutical drugs or just pharmaceuticals. The use of medicine to save or extend life or to alleviate suffering is uncontroversial in most cultures. Prohibition applies to certain conditions of possession or use. Recreational use refers to the use of substances primarily for their psychoactive effect outside of a clinical situation or doctor's care.In the twenty-first century, caffeine has pharmaceutical uses. Caffeine is used to treat bronchopulmonary dysplasia. In most cultures, caffeine in the form of coffee or tea is unregulated. Over 2.25 billion cups of coffee are consumed in the world every day. Some religions, including the Church of Jesus Christ of Latter-day Saints, prohibit coffee. They believe that it is both physically and spiritually unhealthy to consume coffee.
A government's interest to control a drug may be based on its negative effects on its users, or it may simply have a revenue interest. The British parliament prohibited the possession of untaxed tea with the imposition of the Tea Act of 1773. In this case, as in many others, it is not a substance that is prohibited, but the conditions under which it is possessed or consumed. Those conditions include matters of intent, which makes the enforcement of laws difficult. In Colorado possession of "blenders, bowls, containers, spoons, and mixing devices" is illegal if there was intent to use them with drugs.
Many drugs, beyond their pharmaceutical and recreational uses, have industrial uses. Nitrous oxide, or laughing gas is a dental anesthetic, also used to prepare whipped cream, fuel rocket engines, and enhance the performance of race cars. Ethanol, or drinking alcohol, is also used as a fuel, industrial solvent and disinfectant.
History
The cultivation, use, and trade of psychoactive and other drugs has occurred since ancient times. Concurrently, authorities have often restricted drug possession and trade for a variety of political and religious reasons. In the 20th century, the United States led a major renewed surge in drug prohibition called the "war on drugs".Early drug laws
The prohibition on alcohol under Islamic Sharia law, which is usually attributed to passages in the Qur'an, dates back to the early seventh century. Although Islamic law is often interpreted as prohibiting all intoxicants, the ancient practice of hashish smoking has continued throughout the history of Islam, against varying degrees of resistance. A major campaign against hashish-eating Sufis were conducted in Egypt in the 11th and 12th centuries resulting among other things in the burning of fields of cannabis.Though the prohibition of illegal drugs was established under Sharia law, particularly against the use of hashish as a recreational drug, classical jurists of medieval Islamic jurisprudence accepted the use of hashish for medicinal and therapeutic purposes, and agreed that its "medical use, even if it leads to mental derangement, should remain exempt ". In the 14th century, the Islamic scholar Az-Zarkashi spoke of "the permissibility of its use for medical purposes if it is established that it is beneficial".
File:William John Huggins - The opium ships at Lintin, China, 1824.jpg|thumb|left|A painting of opium ships sailing into China. Chinese attempts to suppress opium smuggling sparked the First Opium War.
In the Ottoman Empire, Murad IV attempted to prohibit coffee drinking to Muslims as haraam, arguing that it was an intoxicant, but this ruling was overturned soon after he died in 1640. The introduction of coffee in Europe from Muslim Turkey prompted calls for it to be banned as the devil's work, although Pope Clement VIII sanctioned its use in 1600, declaring that it was "so delicious that it would be a pity to let the infidels have exclusive use of it". Bach's Coffee Cantata, from the 1730s, presents a vigorous debate between a girl and her father over her desire to consume coffee. The early association between coffeehouses and seditious political activities in England led to the banning of such establishments in the mid-17th century.
A number of Asian rulers had similarly enacted early prohibitions, many of which were later forcefully overturned by Western colonial powers during the 18th and 19th centuries. In 1360, for example, King Ramathibodi I, of Ayutthaya Kingdom, prohibited opium consumption and trade. The prohibition lasted nearly 500 years until 1851 when King Rama IV allowed Chinese migrants to consume opium. The Konbaung Dynasty prohibited all intoxicants and stimulants during the reign of King Bodawpaya. After Burma became a British colony, the restrictions on opium were abolished and the colonial government established monopolies selling Indian-produced opium.
In late Qing China, opium imported by foreign traders, such as those employed by Jardine Matheson and the East India Company, was consumed by all social classes in Southern China. Between 1821 and 1837, imports of the drug increased fivefold. The wealth drain and widespread social problems that resulted from this consumption prompted the Chinese government to attempt to end the trade. This effort was initially successful, with Lin Zexu ordering the destruction of opium at Humen in June 1839. However, the opium traders lobbied the British government to declare war on China, resulting in the First Opium War. The Qing government was defeated and the war ended with the Treaty of Nanking, which legalized opium trading in Chinese law
First modern drug regulations
The first modern law in Europe for the regulating of drugs was the Pharmacy Act 1868 in the United Kingdom. There had been previous moves to establish the medical and pharmaceutical professions as separate, self-regulating bodies, but the General Medical Council, established in 1863, unsuccessfully attempted to assert control over drug distribution. The act set controls on the distribution of poisons and drugs. Poisons could only be sold if the purchaser was known to the seller or to an intermediary known to both, and drugs, including opium and all preparations of opium or of poppies, had to be sold in containers with the seller's name and address.Despite the reservation of opium to professional control, general sales did continue to a limited extent, with mixtures with less than 1 percent opium being unregulated.
After the legislation passed, the death rate caused by opium immediately fell from 6.4 per million population in 1868 to 4.5 in 1869. Deaths among children under five dropped from 20.5 per million population between 1863 and 1867 to 12.7 per million in 1871 and further declined to between 6 and 7 per million in the 1880s.
In the United States, the first drug law was passed in San Francisco in 1875, banning the smoking of opium in opium dens. The reason cited was "many women and young girls, as well as young men of a respectable family, were being induced to visit the Chinese opium-smoking dens, where they were ruined morally and otherwise." This was followed by other laws throughout the country, and federal laws that barred Chinese people from trafficking in opium. Though the laws affected the use and distribution of opium by Chinese immigrants, no action was taken against the producers of such products as laudanum, a tincture of opium and alcohol, commonly taken as a panacea by white Americans. The distinction between its use by white Americans and Chinese immigrants was thus a form of racial discrimination as it was based on the form in which it was ingested: Chinese immigrants tended to smoke it, while it was often included in various kinds of generally liquid medicines often used by Americans of European descent. The laws targeted opium smoking, but not other methods of ingestion.
Britain passed the All-India Opium Act of 1878, which limited recreational opium sales to registered Indian opium-eaters and Chinese opium-smokers and prohibiting its sale to emigrant workers from British Burma.
Following the passage of a regional law in 1895, Australia's Aboriginals Protection and Restriction of the Sale of Opium Act 1897 addressed opium addiction among Aborigines, though it soon became a general vehicle for depriving them of basic rights by administrative regulation. Opium sale was prohibited to the general population in 1905, and smoking and possession were prohibited in 1908.
Despite these laws, the late 19th century saw an increase in opiate consumption. This was due to the prescribing and dispensing of legal opiates by physicians and pharmacists to relieve menstruation pain. It is estimated that between 150,000 and 200,000 opiate addicts lived in the United States at the time, and a majority of these addicts were women.