War on Drugs' Interviews

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Drug use is a public health issue

No comments , written by Rob on February 3, 2009, filed under Interviews

Robert Sweet, U.S. federal judge, advocates the legalization of consumption and distribution of all types of drugs.

By Julita Lemgruber

Federal Judge Robert Sweet is from 1978 and is currently the head of the Federal Court Southern District of New York. He has chaired numerous committees that suggested improvement in public services to the judiciary and published papers discussing the challenges judges face in their role in society. It was the first federal judge to defend publicly the legalization of the use and distribution of all drugs. For Sweet, drugs are a public health issue, not criminal justice.

INTERVIEW

O GLOBO: How does the result of over three decades of fighting drugs in America?

ROBERT SWEET: Our drug policy, which is costing on average $ 17 billion annually to the taxpayer of this country is a failure from the standpoint of cost effectiveness. The criminalization of drug use has been ineffective in changing behavior and I think to deal with drugs as a public health issue is the only viable solution. Regular drug is to provide assistance to the health of the user and is the right way.

O GLOBO: You were the first federal judge to propose publicly to legalize the use and distribution of drugs. ¿Iincluiría in this proposal to all drugs? How marijuana to cocaine, heroin to crack?

SWEET: All drugs that alter the behavior of the mind must be controlled, just like alcohol. To be sold, should be taxed and regulated. There should be restrictions as to times and places where drugs may be sold and obviously can not be sold to minors. Besides this, there should be public education campaigns on the issue of clarifying drug use. And just as with alcohol, those who provoke harm or threats to others, while under the influence of drugs, will face criminal sanctions.

O GLOBO: You have insisted that drug prohibition has created a strong underground economy in America, with disastrous results. What scenario is this?

SWEET: The numbers from this powerful economy are impressive especially considering the cups of imprisonment and market size. It is estimated that the drug market in the United States revolves around U.S. $ 150 billion per year. Today we have the largest cup of incarceration in the Western world, the cost of U.S. $ 20 billion per year. Drug-related processes in the American Federal Justice tripled in ten years. As for our expenses with the war on drugs had a huge increase, drug use remained relatively constant: we still have about 40 million users. Our policy of drug prohibition without outright failure was properly questioned.

O GLOBO: In your opinion, the current legislation on drugs in America is unconstitutional from the standpoint of individual freedom. What supports this proposal?

SWEET: Those who framed our Constitution explicitly admitted that the individual has certain rights that are not clearly enumerated in the Constitution. The right to ingest certain substances, including the right to self-determination, can be approached as a right which finds support in the United States Constitution. Citizens should have the right to control and make decisions about their private matters, as they do not harm the general welfare.

O GLOBO: Does your vision on the issue of drugs has changed over his work as a judge?

SWEET: An autumn day in 1988 when I was forced to condemn ten years in prison a young man of 18 years, no criminal record, superficially involved in drug trafficking, began seriously to reexamine our drug policy. Investigate, talked to experts, I reflected a lot and I concluded that our policy and the consequent legislation for the area have been monumental mistakes. Several other judges have reached the same conclusion. And it's very painful for me, as judge, impose sentences they consider unfair.

O GLOBO: Why, in your opinion, the legislation has not yet been changed or has become as the Wickersham commission, created in 1929 by the federal government to consider banning the sale of alcohol?

SWEET: studies have already been proposed but did not get funding. A health minister proposed a study on the subject was resigned. The drug problem is a psychological question, concerning which little is known. If a substantive study, even from the economic point of view, was developed, I believe that substantial changes occur. It is very difficult to openly discuss the drug problem in society because they were created many myths and is a difficult problem. The punitive approach is an easier method: the issue is swept under the rug. Change the current policy will not be easy, but we need to recognize that drug use is, above all else, a public health matter and that substances that alter the behavior of the mind are part of modern life. Its effects need to be understood and addressed. The criminalization does not solve the problem.

Julita Lemgruber