Vol. 3 No. 6 (June, 1993) pp. 57-59

DRUGS, LAW AND THE STATE by Harold H. Traver and Mark S. Gaylord (Editors). New Brunswick, N. J.: Transaction Press. 1992. 176 pp. Cloth $32.95.

Reviewed by Dean G. Rojek, Department of Sociology, University of Georgia.

This slender work is comprised of nine essays on drug control policy from a cross- cultural perspective. These essays were originally prepared for a conference on crime, drugs and social control held at the University of Hong Kong in 1988. The nine essays presented in this volume are divided into three sections. Part I is entitled "Drug Control Policy and the State;" Part II is entitled "The Political Economy of Drugs;" and Part III is entitled "Future Directions." Collectively this book purports to represent an analysis of drug policy in the United States, Scandinavia, Spain, Finland, Hong Kong, Japan, and one essay focuses on the international character of drugs and organized crime. Because of the disparate nature of the topic and the unconnected nature of the individual essays, a summary review is difficult to formulate but an attempt will be made to assess the merits of the individual essays.

In Part I, "Drug Control Policy and the State," four papers examine drug control policy in relation to the interests of the state. In the first essay by William J. Chambliss, entitled "The Consequences of Prohibition: Crime, Corruption, and International Narcotics Control," the argument is set forth that the failures of the prohibition era have become institutionalized in drug legislation enacted since the 1930s. International cartels have emerged and the economies of entire nation-states have become dependent on illicit drugs. Drug profits have risen to the point that the illicit drug enterprise has become on the most important industries in the world. Chambliss presents an intriguing argument that the U.S. Central Intelligence Agency has long been implicated in drug smuggling in order to finance the purchase of military weapons that have been clandestinely shipped to insurgent groups in Nicaragua and Iran. He suggests that the only way to attack the issue of corruption and the rampant use of drugs is to have some form of legalization. Chambliss acknowledges that this will not solve the problem but it will cut back on corruption and allow the medical community to become more involved in drug treatment.

The next three essays in Part I are less stimulating than Chambliss' discussion but still provide an informative examination of the drug problem from a European perspective. The essay by Jergen Jepsen is entitled "Drugs and Social Control in Scandinavia: A Case Study in International Moral Entrepreneurship." Scandinavia is being subjected to significant international pressure to mount a "war on drugs" and see drug use as a social problem. In the 1960s the Scandinavian countries took a tolerant position regarding drug involvement but in 1968 legislation began to emerge and criminal penalties for the use of illicit drugs became progressively more severe. Concerted international pressure calling for a "drug-free Scandinavia" has led to a progressive increase in prison sentences for drug trafficking. Jepsen suggests a certain moral panic regarding the use of drugs and a growing sense of international solidarity. For countries that have a more liberal tradition in the area of drug control, an international moral imperialism is threatening the hegemony of those countries that do not share the tough-minded, "crime fighting" approach toward drug use. Jepsen concludes with admonition of the dangers of a "storm trooper" mentality that is becoming to be the hallmark of the international community in the area of drug control.

Axel Reeg in his essay "Drugs and the Law in Post-Franco Spain" gives a glimpse of the extent of drug use in Spain. With strong ties to Latin America and its close proximity to North Africa, Spain has become a major market in drug trafficking. Stiffer penalties for drug trafficking have been added to the criminal code in response to the perception of a growing drug problem. Surprisingly, there is increasing discussion of legalization in Spain but Reeg does not give a clear indication where Spain is headed in the matter of drug control. Reeg's essay is far too

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cryptic and does not add any new insights to the overall theme of the book. Similarly, the fourth essay in Part I by Ahti Laitinen entitled "Finnish Drug Control: Change and Accommodation" is quite descriptive but does not add intellectual weight to the book. Finland does not seem to have a major problem with illicit drugs, and Laitinen states that the harm caused by drug use is relatively small. As with the previous essay, few new insights emerge other than descriptive information on drug legislation and drug use in Finland.

Part II of this volume in entitled "The Political Economy of Drugs" and contains four papers that examine the political-economic nexus of the drug trade industry. Mark S. Gaylord in his essay, The Chinese Laundry: International Drug Trafficking and Hong Kong's Banking Industry" asserts that Hong Kong is the source of much of the world's supply of heroin. Chinese triads or secret societies play a central role in narcotics trade as skilled chemists. Hong Kong's banking industry serves as a major conduit for drug money and according to Gaylord has become the "Switzerland of Asia." This financial industry is augmented by a vast army of attorneys who specialize in international business and finance. Hong Kong's banking laws ensure that records and accounts are confidential complicating any "paper trail" in switching funds from one account to another. Gaylord describes many ingenious aspects of money laundering in Hong Kong that gives drug traffickers almost complete safety. One wonders what will happen to this vast drug industry in 1997 when the Chinese take over control of Hong Kong, but Gaylord does not speculate on this point.

Masayuki Tamura's essay on "The Yakuza and Amphetamine Abuse in Japan" is enlightening if for no other reason than so little is discussed about drug problems in Japan. The Yakuza is something of a nationwide crime syndicate. Japan's drug problem is primarily in the area of stimulant abuse and the Yakuza are at the center of a highly-organized stimulant distribution system. The second half of Tamura's discussion entails several interviews with dealers but little insight is gained from these interviews. In a concluding section, Tamura briefly discusses the low probability that drug abuse will be decriminalized. First, the Yakuza stand at the center of Japan's drug network and seem to effectively police the use and distribution of drugs. Secondly, the Japanese themselves do not see drug abuse as a major problem and are reasonably content to leave the law enforcement system alone. Finally, the average Japanese citizen fears and respects the power of the Yakuza and any police action against this entrenched crime syndicate is not likely.

The third essay in this section by Ernesto Ugo Savona is entitled "The Organized Crime/Drug Connection: National and International Perspectives." The main thesis of this presentation is that drug trafficking operates on an international level and surpasses the policing capabilities of individuals countries. Traditional approaches to combat organized crime have not worked because of a lack of international cooperation. Savona's comments are hardly original and fail to add anything new to a complex phenomenon of global social control.

The fourth and last essay in this section is by Harold Traver entitled "Colonial Relations and Opium Control Policy in Hong Kong, 1841-1945." The focus of this discussion is how the Hong Kong government initially developed a strong dependence on the sale of opium and then after 1945 suddenly developed a punitive stand on drug trafficking. Initially the sale and distribution of opium became a government monopoly after the Second Opium War (1856-58). However, an anti-opium movement began in the late nineteenth century and international pressure was brought to bear on the Hong Kong government. In 1943 the Hong Kong government re-classified opium as a dangerous drug and restricted its sales and distribution. Unfortunately Traver does not spell out in any great detail precisely how opium was transformed from a revenue-producing substance to a dangerous drug. The reader will hunger for more information than the glib response that "colonies are especially sensitive to outside

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pressures."

The final section of the book is entitled "Future Directions" but contains only one brief essay. John Galliher in a concluding chapter "Illegal Drugs: Where We Stand and What We Can Do" proposes several practical and gradual steps that the U.S. government could take in addressing the drug problem. Alcohol and tobacco are serious drugs but yet are relatively immune from any concerted law enforcement policy. Similarly, powerful drug lobbies have protected amphetamines and barbiturates from effective legal control. Marijuana on the other hand has been traditionally a target for drug enforcement. Galliher asserts that continued prohibition of marijuana results in the loss of tax revenues and the potential use of this drug in medical research. Heroin use is decreasing possibly because of increased use of cocaine but Galliher does not elaborate to any great extent what implications are to be drawn from this. No sooner does Galliher wet the appetite of the reader but then he concludes. In his conclusion he argues that "many drug control policies have been irrational and counterproductive." He suggests that gradual decriminalization might be the only logical avenue, followed by gradual legalization.

Overall the contribution of this volume to the understanding of the drug problem worldwide is mixed. Some of the essays are intellectually stimulating and present new and innovative approaches to the drug phenomenon. Other essays are far too underdeveloped or reiterate what is already known. The volume itself is far too brief to adequately address the drug problem but is further hindered by the uneven quality of the individual essays. This is not to infer that these essays are to be dismissed but rather that they do open some new areas in the general topic of drug control. However, the book barely dents where it should provide breakthroughs in addressing this topic.


Copyright 1993