The Lessons of Prohibition

When America repealed prohibition, we repealed it with a constitutional amendment making explicit that the power to regulate alcohol is reserved for the states. Even today, when Congress wants to pass federal alcohol laws (such as the federal drinking age, or the federal minimum blood-alcohol standard for drunk driving), it can’t simply dictate policy to the states. Instead, it ties the laws to federal highway funding, a blackmail that while distasteful, at least carries the pretense of adherence to the Constitution.

Contrast that to drug prohibition, where Congress (and the Supreme Court, when it upheld it) made no attempt to comply with the Constitution in passing the Controlled Substances Act of 1970 (CSA), the law that gave us the modern drug war.

There’s no question that drug prohibition has been every bit the failure alcohol prohibition was. Nearly 40 years after the CSA passed, we have 400,000 people in prison for nonviolent drug crimes; a domestic police force that often looks and acts like an occupying military force; nearly a trillion dollars spent on enforcement, both here and through aggressive interdiction efforts overseas; and urban areas that can resemble war zones. Yet illicit drugs like cocaine and marijuana are as cheap and abundant as they were in 1970. The street price of both drugs has actually dropped—dramatically—since the government began keeping track in the early 1980s.

The main difference between the two prohibitions is that one was enacted lawfully, and once it became clear that it had failed, we repealed it (and government revenues soared with new alcohol taxes). As the drug war has failed, the government merely claims more powers to fight it more aggressively.

Eliot Ness and his colleagues raided supply lines, manufacturing hubs, and warehouses, but alcohol consumption was still legal. You didn’t have armed-to-the-teeth cops breaking down the doors of private homes the way they do now for people suspected of consensual drug crimes. During prohibition, doctors could prescribe alcohol as medication. Today, federal SWAT teams storm medical marijuana clinics and terrorize their patients, thanks to the Supreme Court’s 2005 decision in Gonzales v. Raich, which allowed the federal government to prevent a dying woman from possessing medical marijuana, solely for her own use, to treat the symptoms of her illnesses, even though the voters of California had determined that she should be left alone.

When he first visited the United States in 1921, Albert Einstein wrote of America’s ban on booze: “The prestige of government has undoubtedly been lowered considerably by the prohibition law… For nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced.”

That’s as true today as it was then.