Posted on July 16, 2024 By Colin
CRIMINOLOGIST DR JAMES MARTIN has told the Victorian Parliamentary Inquiry into vaping that Mark Butler’s plan to step up enforcement and bans on the illicit vape markets is certain to fail, describing it as “a band-aid on an otherwise serious and untreated wound.”
Dr Martin is a Senior Lecturer in Criminology at Deakin University and is an international authority on illicit drug markets.
Watch the full video here, 28 mins (thanks to @LivePippas for the recording)
Dr Martin explained that “we have over 50 years of research into the war on drugs.
This has conclusively shown that prohibition, whether it's called that or not, does not work
“Stiffer sentences, tougher laws and fines are not effective deterrents for organised crime, they are job opportunities. And the bigger the ban, the tougher the border, the more they can charge for their services. Tough crackdowns on organised crime simply do not work.”
“When there's sufficient supply and demand it doesn't matter essentially what the government interventions are because criminal actors who specialise in evading government controls whether that's at the border whether that's on the street will adapt.”
“Despite the ever-increasing billions we spend on tougher enforcement and the record numbers of arrests and seizures, we have lower illicit drug prices, increased availability and record consumption.”
“You could double the drug enforcement budget which is around three and a half billion dollars spent nationally on drug law enforcement in Australia.”
“That's triple what we spent 15 years ago and despite that, we have increasing rates of illicit drug use we have increased availability and often lower prices for illicit drugs.”
So this is I think pretty conclusive and damning evidence quite frankly that relying on a law enforcement response when you've got these huge economic drivers of black markets is just simply not effective.
The control of the black market has resulted in unprecedented violence on our streets
“A staggering 87 fire bombings, multiple homicides, and the extortion and intimidation of law-abiding citizens who have been unwillingly co-opted into criminal activity. This is a major crime problem of the government's own making, one that the police and border force have acknowledged that they do not have the power to stop.”
“The reality is that unrealistic public health policies have transformed two legal, peaceful markets into increasingly uncontrolled and violent ones. We need to stop criminalising these markets."
“Public health experts will tell you that the solution is yet more law enforcement, more bans and the closing of regulatory loopholes. This reflects a fundamentally flawed and frankly utopian view of how black markets operate. It also shows that they are now dictating policy in areas in which they have no understanding or expertise."
The reality is that unrealistic public health policies have transformed two legal, peaceful markets [tobacco and vapes] into increasingly uncontrolled and violent ones.
"In imposing bans and restrictions and now issuing public fines on Australians whose only crime is using a less harmful alternative to cigarettes, they have portrayed a moralistic fixation on nicotine consumption and taken their focus off the biggest killer in the country.”
Dr Martin suggested a harm reduction approach like that used successfully for alcohol is much more likely to be effective. This “has seen drinking rates for adults steadily declining and underage drinking rates slashed by 50% over the last two decades.”
“This remarkable success has occurred without imposing unrealistic bans on adult consumers who remain free to purchase alcohol in whatever strength or flavour they choose."
The reason that our alcohol laws are succeeding while our drug and tobacco laws are failing is that people naturally resist being forced, whether by governments or by puritans in public health, into what personal health choices they should make
"We need to stop stigmatising, pathologising and punishing people who vape. Further positive change in reducing smoking-related harms is possible but not through force and coercion. It will only be achieved through genuine and supportive engagement that respects the choices, dignity and autonomy of our fellow Victorians."
Appearance on SBS Insight. The Ban on Vapes. Episode 15. June 2024
Puffed out: The costs of vaping. ABC Radio National 11 April 2024
Follow on X: @jamomartin