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Culture War Roundup for the week of March 4, 2024

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Does this argument work the other way? If ODs had in fact dropped 50% the next day, would we likewise be asking if this was only a temporary effect, and entirely dire outcomes were still to be expected at some indeterminate future date?

I bite the bullet on this. I claim that America's experience with the 18th and 21st amendments is the template for how these kinds of things usually play out.

Its starts off with X fully legal and embedded in society, despite a vociferous minority pointing to the substantial harms that X causes. Eventually X is prohibited by law. The shop shelves are swept bare. The factories shut down. Xaholics get a brutal wake up call. Many quit X cold turkey. Some get medical help tapering. Perhaps some die of withdrawal or toxic substitutes. By the end of the first year prohibition is looking like a great success. Skeptics predicted a tidal wave of prosecutions for X-offences, but it doesn't materialize, because people cannot get X.

(Possession of alcohol was never illegal, just manufacture, sale, and transportation. Initially that was tactically shrewd. Ordinary people could see it coming, stock up, and then consume their private stocks, expecting others to do the hard work of campaigning for the 21st amendment. The day of the last bottle of wine was different in different households, weakening coordination against prohibition. In the long term that was perhaps the undoing of prohibition. Only the seller faced legal penalties, so the black market that developed was asymmetrical, with lots of undeterred buyers and a few sellers, well paid for their legal risk.)

Time passes and the initial success wears well. At least it seems to. Networks of friends are gradually forming. Brewing at home. Making a still. Getting hold of a bottle of wine to share with trusted friends over Sunday dinner. It is all metaphorically flying under radar. The Prohibitionists don't see that their victory is rotting. Now-a-days there would be drone smuggling, literally flying under radar :-)

Home brewing and piece meal smuggling are annoying for those who just want a drink. Money starts changing hands. The black market grows. Prohibitionists start to realize that alcohol is still for sale, but covertly and for a fancy price. Some are inclined to turn a blind eye. If it is too expensive for people to afford to become alcoholics, that mitigates the harms. Other prohibitionists resent the disobedience and insist on stronger penalties.

Full time employment in the black economy now splits into insiders and outsiders. Outsiders get rich on the high price of booze, but they sometimes get caught and go to jail. Insiders don't get as rich because they share their money with the police as bribes. It gets complicated. The bribe-taking police need to make a show of doing their jobs. The insiders resent the endless supply of outsiders in search of easy money, increasing the supply and lowering the profits. Fortunately they have the police on their side to enforce their monopoly of the alcohol supply. They tip off "their" policemen. It gets more complicated, with rival groups of insiders setting their own paid-for police on intruders on their turf who are also insiders, just bribing other policemen.

Meanwhile the smugglers are tackling the volume issue. The secret compartment has a limited volume V. The more potent your version of X, the more doses you can fit in V. In the 1920's that meant smuggling spirits rather than beer. Today that means smuggling fentanyl rather than heroin. Then there is the business of cutting drugs, adulterating them to increase the bulk after smuggling.

Eventually the situation is out of control. Every-one who wants X knows the secret handshakes and the special places. They get their hands on it. Some of it is adulterated and death rate is higher than before prohibition. The point I like to emphasize is that this takes twenty or thirty years. By the time the death rate comes back up and exceeds the old death rate from legal X, the world has changed.

The world has changed, but how much? You get one group of public health experts saying that prohibition has failed and must be repealed. Others saying that we must pivot to harm reduction. Still others say that the world has changed a lot and for the worse. Thank God that we have prohibition keeping a lid on the problems of X. If we repealed prohibition the death rate would soar still higher. Who is right?

My claim is that prohibition is a dangerous policy option because it may well fail, and that the American experiment with the prohibition alcohol was untypical in exactly one way: it proved possible to repeal it. You should expect that prohibition of X works well for the first five years. When thirty years have gone by and it has clearly failed, you will not be able to repeal it. Campaigners for prohibition will have happy memories of the first five years, and consider that short term success proves the eternal correctness of prohibition.

prohibition of X

I think this reasoning fails to get off the ground, for reasons that may be coincident with what FC is getting at. "Prohibition of X" is different for different values of X. What is the nature of X? How does it come to be? Where? By who? What is its size? Use? Alternatives? Etc. That is, people have prohibited alcohol, drugs, prescription drugs, small guns, large guns, of course you can throw in F-16s and nuclear weapons, or even just Chinese drywall. The list goes on. People have also tried prohibiting things that are less than tangible, like encryption or killing babies, or all sorts of stuff. I see almost no reason why there should be a single schema that dictates how every possible prohibition of every possible X will (not) work. Different things are different. Some may be extremely difficult to prohibit; others may be relatively easier. It is likely impossible to do any with 100% success everywhere, because 100% success is just not a thing in law/public policy (I guess there's probably some guy out there who is just really determined to bring over some Chinese drywall... and for Sagan's sake, we can't even get to zero killed babies), so we usually have to use some other metrics for success.

I accept that you are 95% right about the big picture. The huge difference between coffee and fentanyl is the only thing that really matters.

Notice though, that I zoomed in on the specific issue of timing. Who dares to doubt an intervention that works well for the first year? I dare.

Looking at my reasoning, we see that it is mostly about social dynamics. Friends put out feelers to friends. The black market slowly becomes monetized and professionalized. Since it is illegal to offer bribes to policemen, there are several years of nudges and winks before police corruption takes hold. The social dynamics set a slow time scale that is not obviously related to specifics of what has been prohibited.

Do you believe prohibition to be simply impossible to implement well, or is it just that we did a bad job of it?

I believe that prohibition works less well than its mainstream advocates expect. I think the gap is huge. Mainstream advocates of prohibition never grasp how poorly it works and never admit the extent of the problems. Within the constraints of Western Morality (you cannot just take the addicts out and shoot them) the problems are unfixable, we didn't merely do a bad job of it.

On the other hand I notice a fatal flaw in my reasoning. I assume, based on pure optimism, that there is a good solution to the problems of substance abuse. I see that prohibition works very badly. Legal permissiveness is an alternative. I have my unjustified axiom that there is a solution, so I hope that legal permissiveness is that solution and does actually work. This is embarrassingly silly. In general terms nothing prevents legal permissiveness from being an even worse disaster than prohibition.

Of course the details of the particular substance in question are decisive. Legal permissiveness works very well for coffee, but it might turn out to be a mega-death disaster for fentanyl.