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Phillips/Econ Winter 2012 Casual Users, Substance Abusers, and Public Policy: A War on Drugs-1 Social views about the desirability of consumption of a drug like cocaine vary over time within a society, as well as among locations within a country, and among societies. We all know that coca cola once lived up to its name and that cocaine, as well as alcohol, was the chemical base for popular elixers at the turn of the century. This variability in social attitudes is characteristic of "black-market" commodities and is one of the reasons that they are the centerpiece of political and social movements such as prohibition as well as the counter-movements such as repeal. There are a number of philosophical points of view that add to the controversy. One is consumer sovereignty and the related issue of "victimless" crime. The English philosopher and economist John Stuart Mill believed that the role of the government did not include protecting responsible adults from their own behavior. The notion of consumer sovereignty is that consumers, at least adult consumers, know what is best for themselves, and hence cannot be victims of their own behavior. This may make sense for casual drug users. But how about alcoholics and heroin addicts, do these arguments hold for them or is not abuse an illness? Once again, it is important to distinguish between different populations and to recognize the inherent heterogeneity of the substance use versus abuse problems. Different problems may require different models of analysis and different solutions. And how about externalities? The intravenous drug addict may contract AIDS and pass it on to their newborn child, directly in the case of the mother-addict or indirectly for the father-addict who also may infect the mother. Certainly with this example, we are no longer talking about "victimless" behavior. So how are we to choose between market solutions versus criminalization and enforcement? In the case of behaviors with externalities that impose costs on others, the government can regulate the behavior, tax the source of the externality, or create property rights, for example the right to pollute, which can be purchased for a price. With alcohol and tobacco, for example, we see regulation in some states, such as "blue Phillips/Econ Winter 2012 Casual Users, Substance Abusers, and Public Policy: A War on Drugs-2 laws" which set the hours and days of the week when alcoholic beverages can be sold. In some localities, alcoholic beverages can only be purchased from government liquor stores. Within the last few years, a no smoking ban has been instituted on domestic flights. We also see taxes on these commodities. The argument that follows is drawn from the analysis in Bergstrom. Consider a commodity such as marijuana and start with an unfettered market with demand by casual users and supply by producers with the market clearing price, p, and quantity, q, as illustrated in Fig. 1. If the social perspective is consumer sovereignty, then a measure of social welfare is the sum of consumer surplus plus producer surplus. Consumer surplus arises because the consumers who would have been willing to pay a higher price at amounts less than q, enjoy a bargain at the price p. Producer surplus is profit or net revenue, which is the difference between gross revenue, p times q, and the costs of resources used for supply, which is the area under the supply curve, as illustrated. ------------------------------------------------------------------ Price Demand Supply S Consumer Surplus p Producer Surplus Cost of Production S q Quantity Figure !: Unfettered (free) Market for Pot, Consumer Sovereignty -----------------------------------------------------------------If society thinks that the consumption of pot is a bad thing and makes it illegal, then consumer sovereignty goes by the board and consumer and producer surplus is Phillips/Econ Winter 2012 Casual Users, Substance Abusers, and Public Policy: A War on Drugs-3 not counted. For example, income generated by illegal activities is not counted as part of Gross National Product (GNP). For that matter, neither is the value of the goods and services in the home produced by housewives and/or househusbands, so one can see once again that value judgments play a role in these matters. Suppose that society enacts a law against the supply of marijuana and tries to enforce the law by targeting pot growers. Suppose law enforcement can discover and confiscate half of what suppliers grow, but then sells what was confiscated in the open market. There is no other sanction save confiscation. Suppose under the free market you grew two equal size plots of marijuana each yielding $10,000 per year. Under enforcement, you would expect to be able to sell the harvest from one, and would demand $20,000 per plot in order to obtain the same reward for your efforts. Of course the government sells the harvest from the other plot at the market price, so that the same amount of marijuana goes to market as before, but at twice the price. This new supply curve, S'S', with double the price of each q compared to the free market supply curve, SS, is illustrated in Fig. 2. Enforcement has been successful in restricting consumption to q', less than q, raising price to p', higher than p. -----------------------------------------------------------------S' Price Supply with a 50% Chance of Confiscation & Gov't. resale Demand S b=p p' Supply in a Free Market p S' a S a b=p q' q Quantity Figure 2: Criminalization of the Private Supply of Pot, 50 % Chance of Confiscation, Government Resale ------------------------------------------------------------------ Phillips/Econ Winter 2012 Casual Users, Substance Abusers, and Public Policy: A War on Drugs-4 If raising price and lowering consumption is the goal, enforcement can do even better by burning the marijuana seized. In this case, half the amount that reached the market in the case of the supply curve S'S' will now be sold and the new supply curve will be S'S" as illustrated in Fig. 3, to the left of S'S'. Price is even higher at p", and consumption lower at q". Of course a lot of consumer and producer surplus has been lost, compared to the free market case, as illustrated by the shaded area, but society doesn't count this any more if the goal is to reduce consumption. -----------------------------------------------------------------Supply with a 50% Chance of Confiscation & Gov't Destruction S'' Price c S' Supply with a 50% Chance of Confiscation & Gov't. resale c S p'' Supply in a Free Market b=p p' p S' a S a b=p q'' q' Loss of Social Welfare From Enforcement, Presuming Consumer Sovereignty Demand q Quantity Figure 3: Criminalization of the Private Supply of Pot, 50 % Chance of Confiscation & Government Destruction -----------------------------------------------------------------It may be possible to raise price to p" and restrict consumption to q", without making marijuana illegal or resorting to enforcement. This can be accomplished with a tax. Referring to Fig. 4, SS is the market supply curve with no tax, as before, and S'S' is the supply curve with a 50% tax rate. If you received $50 per ounce before the tax, you will ask for $100 per ounce, pay $50 as tax, and keep the amount of your pre-tax earnings. This raises the price to p' and restricts consumption to q'. If the government wants to restrict consumption further, it could buy up marijuana using the tax revenue, Phillips/Econ Winter 2012 Casual Users, Substance Abusers, and Public Policy: A War on Drugs-5 p'q'/2, which is half of total sales, p'q'. This would shift supply to S'S", raising price to p" and lowering price to q". This is a balanced budget policy since the government spends all the tax revenue on the buy program. However, they no longer have to spend for enforcement to find, confiscate, and burn marijuana. They may have to spend a little on Treasury agents to stamp out "revenuers" or "moonshiners", illegal pot growers who break the law by selling without a tax stamp. ------------------------------------------------------------------ S'' Supply with a 50% Excise Tax with the Gov't. Using Proceeds To Buy Pot S' Price c Supply with a 50% Excise Tax c S p'' b=p=tax p' Supply in a Free Market, No Tax p S' a S a b=p q'' q' Demand q Quantity Figure 4: Decriminalization: Using an Excise Tax to Control Pot and to Internalize Externalities .-----------------------------------------------------------------From this example, it is clear that a tax can raise price and restrict consumption much more cheaply than enforcement. The legal market crowds out the illegal market. Furthermore, the enforcement policy may not even be feasible, since it assumes that half the marijuana supply can be found and confiscated. Optimistic estimates often run closer to a 10% discovery rate for supply interdiction. Phillips/Econ Winter 2012 Casual Users, Substance Abusers, and Public Policy: A War on Drugs-6 So why is crack and heroin illegal? Well, why is alcohol now legal and taxed, when it was once illegal? Health workers see babies born addicted to crack, certainly innocent, certainly victims, and see a bad, an externality, they want to eliminate. Consequently, crime is like pollution, and we have learned in this class that the optimal level is not zero because control is costly. But the moralist wants to eliminate the bad and take a moral stand. Keeping a commodity legal may help keep it controllable, rather than driving it underground, but a free market with a tax as a control does not take a stand on morality and consequently say this commodity is bad. If we want to opt for taxation rather than criminalization to control the consumption of substances, then it is important that consumers are informed about the risks from consumption. Education and warning labels must play a role in informing the consumer or casual users of the risks. Furthermore, we must worry about the casual consumers who slip over the line and become substance abusers. Health care must play a role in helping the substance abusers who may no longer be able to govern their own behavior. Decriminalization restores consumer sovereignty, but there is the social responsibility of worrying about externalities, such as the unfortunate who become substance abusers. They need medical care. Who will pay? Recall in the class discussion of speeding that the difference between the private cost and social cost of speeding was the externality or risk of damage imposed on others. A tax is a social instrument for internalizing that externality, that is, making the social cost the new private cost. If we were able to monitor the speed of each car, we could tax miles per hour. Since speeding is a non-market activity, this would be costly, requiring a "blackbox" similar to those for airliners. However, for substances, if there is a legal market, an excise tax is a cheap social instrument for internalizing the externalities or damages from consumption. We can choose a tax rate such that the tax proceeds will equal the externalities, i.e. the damages imposed on others. Note that in Figure 4, the supply curve S'S', with the excise tax imposed, lies above the private supply curve SS, which only reflects the private costs of supply, and thus lies below the social cost curve S'S' which includes both private costs plus externalities. The government could use the tax Phillips/Econ Winter 2012 Casual Users, Substance Abusers, and Public Policy: A War on Drugs-7 proceeds, p'q'/2, to finance medical care for substance abusers. Some might argue that substance abusers knew and assumed the risks of consumption and that they are not evidence of externalities. A more charitable view is that they are sick and it is part of the social price of enjoying decriminalization and consumer sovereignty to take care of them by imposing an excise tax and devoting the proceeds to their health care.