David Borden, Executive Director
Even using drug war logic (generally a bad idea), this idea fails pretty decisively. Most kids don't start using drugs because they are offered them by professional dealers. Most kids start using drugs because they are offered them by other kids -- kids who are providing either for social reasons or because they have gotten involved in the criminal enterprise, but in either case not the repeatedly convicted adults who would pop up on the state's web site. It's also important to remember that most drug dealers never get caught, hence will never appear in the registry for that reason.
So while a registry would enable parents to be aware of some fraction of the serious drug dealers out there, it will miss (and perhaps divert attention from) the more common pathways through which drugs might get into the hands of their children. Furthermore, the same unstoppable economic process that turns any bust of a dealer into a job opportunity for new dealers, must also apply, at least partly, to any repeat dealers who lose business because some parents were able to keep their children clear of any given dealer -- if the kids are determined or even just willing, they'll wind up getting their drugs from someone else.
Most glaring, however, is an argument that was pointed out in a "practice" blog post by a member of our staff, Scott Morgan, on our soon-to-be-released new web site. Scott used a similar registry in Tennessee, limited to methamphetamine offenders, to show how usable it would be (perhaps is) to any young people, in any given county in the state, wishing to find leads on people in their county who might be able to sell them meth or other drugs -- an outcome exactly the opposite of what the registry purports to want to prevent.
The main difference (no pun intended) between Tennessee's registry and Maine's proposed registry, other than Maine's including all illegal drugs, is that Maine's is to be limited to "habitual" drug offenders, people who have been convicted of drug dealing multiple times. But repeat offenders are exactly the people who are the most likely to offend yet again -- the most usable listings for kids or others wanting to locate drug sellers conveniently narrowed down. But widening the registry to include all drug offenders won't help either -- because increasing the number of listings would also increase the registry's usability to kids wanting to find dealers. Either way you can't get around the idea that a drug offender registry is effectively a taxpayer-subsidized advertising campaign supporting drug dealing.
In the end, we must return to the issue that the primary way young people start to get involved in drug use is through the influence of other kids -- in many instances buying the drugs from other kids, in the schools. This is one of the factors that has led to an increased prevalence of handguns in schools -- where the underground market goes, so also tend to go weapons.
But it need not be that way. While use of alcohol by minors is a big issue (alcohol is just as much of a drug as any of the others, and a rather destructive one), at least kids are not buying it from other kids, in the school, from people who carry guns. That situation exists with the illegal drugs precisely because we have banned them. With drug legalization, the criminal problems associated with the trade in drugs would largely vanish -- no more armed drug trade in the schools, no more turf wars or open air markets.
And while the harm from the use of the drugs themselves will not simply disappear when prohibition is ended, the sheer level of destructiveness currently associated with addiction in particular would also drop substantially, as users would no longer be subject to the random impurities, and fluctuations in purity, that currently lead to poisonings and overdoses; and the high street prices drugs currently have would also drop, enabling many if not most addicts who are now driven to extreme behaviors like theft and prostitution to get the money to buy drugs to at least afford the habit through legal means of earning. Escalating the failed policy of prohibition won't accomplish this.
In the meanwhile let's at least cool it with these hare-brained ideas like drug offender registries. The continued stigmatization of people who have already been punished ought to be enough reason. But if it's not, the incredibly poor logic behind this idea ought to be. Do we really want to help kids find the drug dealers? I don't.