NCJ Number
48713
Journal
Law and Society Review Volume: 12 Issue: 2 Dated: (WINTER 1978) Pages: 301-318
Date Published
1978
Length
18 pages
Annotation
PROPOSALS FOR THE DECRIMINALIZATION OF HEROIN USE ARE EXAMINED AND ANALYZED IN TERMS OF THE IDEOLOGY OF TOLERANCE AND CONCEPT OF REPRESSIVE TOLERANCE.
Abstract
A NUMBER OF HEROIN USE PROPOSALS HAVE BEEN PUT FORTH WITH RESPECT TO DECRIMINALIZATION INCLUDING: (1) THE ELIMINATION OF LEGAL SANCTIONS FOR HEROIN POSSESSION FOR PERSONAL USE, BUT NOT FOR LEGAL ACCESS TO THE DRUG; (2) MAINTENANCE PRESCRIPTIONS TO THOSE ALREADY ADDICTED OR TO ALL THOSE DESIRING TO USE THE DRUG; OR (3) OVER-THE-COUNTER SALE OF HEROIN TO ANY ADULT. PERHAPS THE MOST POPULAR APPROACH IS THAT WHICH ADVOCATES A CLINIC SYSTEM OF DISPENSING HEROIN TO THOSE ALREADY ADDICTED. SUCH AN APPROACH IS FOUNDED ON A MEDICAL TREATMENT MODEL WHICH VIEWS DRUG MAINTENANCE AS THERAPEUTIC DISEASE-MANAGEMENT. HOWEVER, THE ADOPTION OF THE MEDICAL MODEL IGNORES THE SOCIAL FACTORS ASSOCIATED WITH HEROIN USE AND REQUIRES THAT THE ADDICT POPULATION ADOPT A PATIENT ROLE. THE OPTION OF CONTROLLED DECRIMINALIZATION, WITH HEROIN BEING DISPENSED IN MUCH THE SAME MANNER AS ALCOHOL, ARGUES AGAIST THE MEDICAL MODEL AND POSITS THAT HEROIN USE CAN BECOME SOCIALLY INTEGRATED. BOTH ALTERNATIVE ARE BASED ON TOLERANCE IDEOLOGY AND EMPHASIZE THE SOCIETY'S CAPACITY TO ABSORB A WIDE RANGE OF BEHAVIORS WITHOUT WEAKENING NORMATIVE AND INSTITUTIONAL FOUNDATIONS. TOLERANCE CAN BE VIEWED WITHIN THE SOCIOLOGICAL PERSPECTIVE OF DEVIANCE HELD BY THE LABELING THEORISTS, THE MEDICALIZATION PERSPECTIVE OF THE ANTIPSYCHIATRISTS, OR THE LEGAL PERSPECTIVE REPRESENTED BY THE VICTIMLESS CRIME CONCEPT. WHATEVER THE FORM OF THE CRITIQUE OF LEGAL CONTROL, ALL TEND TO STRESS THE WIILFUL CHOICE OF THOSE BEHAVING IN SOCIALLY DISAPPROVED MANNER. SUCH BEHAVIOR IS SEEN AS REPRESENTING NO THREAT TO THE SOCIAL ORDER, AND PROBLEMS ARE SEEN TO ARISE PRIMARILY BECAUSE OF THE EFFORTS OF SOCIAL, MEDICAL, OR LEGAL AGENTS DESIRING BEHAVIORAL CONFORMITY. BY FOCUSING ON INDIVIDUAL AUTONOMY, THE IDEOLOGY OF TOLERANCE, LIKE THE IDEOLOGY OF PUNISHMENT, TENDS TO PERCEIVE HUMAN BEHAVIOR LARGELY REMOVED FROM THE CONTEXT OF SOCIAL MISERY. INSTEAD OF ASSISTING IN THE STRUGGLE AGAINST HUMAN MISERY, THE IDEOLOGY OF TOLERANCE PROVIDES A JUSTIFICATION FOR CHOOSING HUMAN MISERY AND SERVES TO NEUTRALIZE OPPOSITION AND CHALLENGE TO THE EXISTING SOCIAL ORDER. SUCH TOLERANCE IS CALLED REPRESSIVE DESUBLIMATION. REFERENCES ARE PROVIDED. (JAP)