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http://www.findarticles.com/p/articles/mi_qa3733/is_200204/ai_n9059947Exclusion and extinction - the fight against narcotics in the Third Reich
Journal of Drug Issues, Spring 2002 by Mach, Holger
Social exclusion - currently defined as an undesired phenomenon that governments and societies at large are supposed to be battling against - used to be held in high regard during the fascist reign in Germany. This article shows how stigmatization and exclusion policies towards drug dealers and users during the Third Reich prepared the policy of extermination and anticipated the anti-drug discourse in contemporary Germany.
EXCLUSION OR INCLUSION?
The objectives and agendas of a political ideology based on and fostering social exclusion is hardly imaginable anymore. So-called racist outrages are now being scandalized everywhere (from Indonesia to Manchester), mainly because of their deviation from the ideal of equality. Respecting other religious faiths is generally part of that ideal, and many sexual behaviors once considered deviant are now commonly accepted - except for pedophilia. It is clear that the limits of legitimate social expression are not nearly as narrow as they once were. Actual exclusions have become relatively rare and are difficult to explain and legitimize when they occur.
This was entirely different under the National Socialist (NS) regime in which nationalist-racist discourse and the exclusion of"alien" and "racially inferior" Volk1 was a revered state obligation. Casual use of narcotics was then considered a vice detrimental to the Volk. Gradually, new terms and an increasingly negative morality were attached to narcotics users. This development did not have any precursors before Fascism, but after it the new general attitude persisted and even grew.
THE INITIAL SITUATION BEFORE THE NAZI TAKEOVER
Following what can be referred to as a "wave" of morphine and cocaine use in the 1920s, the situation returned to normal in Germany. Furthermore, in December 1929 the new Opium Law went into effect, the first legislation to threaten serious sanctions against users in the form of imprisonment of up to three years. Although there was some rise in drug convictions after the Nazi takeover, the actual crime statistics show only a small number of cases (for 1936, only 122 cases) (Ellinger, 1974, p. 27; Scheerer, 1982, p. 64). One explanation that has been offered for this apparent diminution in use was that it had become more difficult to obtain illicit substances, particularly because it had been declared punishable for medical doctors to prescribe narcotics without adequate justification. Following the passage of the new law, users increasingly switched to barbiturates or codeine medications, as these did not require prescriptions. Users also could look for equivalent substances that were not yet controlled.2
In this manner, the NS government was able to first focus its attention on alcohol and tobacco. At the time, it was estimated that there were 8,000 narcotics users in Germany, half of whom were assumed to be living in Berlin. These numbers paled when compared with a national figure of 300,000 alcoholics (Thomas, 1938, p. 102). By the order of the Reichsgesundheitsamt (health ministry), narcotics and other addictions were to be avoided as subjects of public discussion.' Even the scientific media only reported these numbers in order not to convey the "wrong picture."
Toward the end of the 1930s, the use of illicit drugs was probably largely restricted to members of the medical professions who had special access to such substances. The use prevalence among doctors for that time period is estimated to have been 109 out of 10,000 (Flaig, 1935, p. 626).4
NS IDEOLOGY
The fight against narcotics was legitimized by Section 21 of the NS party program: "Enhancement of Public Health." The NS health authority strongly advocated prevention campaigns "for a sane and abstinent life." In addition, they proposed educational and prohibition campaigns against alcohol and tobacco use and for the advocated elimination of advertising for these substances. At the same time, nonalcoholic beverages and "healthy foods" (e.g., fruit, vegetables and wholegrain breads) were promoted for the sake of physical fitness. Also numerous regulations for the "protection of youth" were suggested.
Adolf Hitler, as a vegetarian, nonsmoker, and nondrinker of alcohol, presented himself and was held up to the people as an example of health enlightenment. Abstinence movements and nongovernment organizations working to ameliorate drug-related problems were grateful for his examples In one abstinence movement leaflet devoted to Hitler's 50 birthday, one could read: "What God through the Fuehrer and those who assist him has done for our nation we cannot account for here. We, the abstinent people, have special cause to be grateful to our Fuehrer when we think of him as a perfect example for everybody in the way he leads his life and in his attitude toward narcotic drugs" (cited after Wittek, 1988, p.43).
The criterion of "race hygiene" only played a minor role at first, as Jews participated in the welfare system at least until 1938. Only after the Arier-Nachweis (proof of being Aryan), the Ahnenpass (hereditary passport), and other discriminatory control mechanisms were introduced in 1935 when the Jews were excluded from the Aryan Volk community. However, even earlier a medical doctor was astonished to find "that even those Jews who had lived in Germany for generations show a much higher percentage of opiat abuse (Panse, 1936, p. 20).7 For NS propaganda purposes, this observation served as a useful opportunity to label "narcotics addiction" - then a new, but increasingly established, term - as an imported alien scourge that could not be cured, but one that posed the threat of infecting the valuable genetic substance of the German Volk. The government was determined to prevent this by all available means. One district court chief justice wrote:
It makes a difference whether a cunning, ragged rabble of inferior races or significant portions of a cultured, high-value people indulge in intoxicating poisons. In view of the fact that before the taking-- of-power by Hitler the scourge had not only infected foul parts of the large city populations it is necessary to watch out. ... Having fought and constrained domestic drinking addiction one must therefore systematically fight the narcotics scourge threatening from abroad. (Fraeb, 1937, p. 4)
Another example is provided in a publication by senior detective Seekel. In it he mentions innumerable cases of illicit narcotics trafficking in France, information which, incidentally, he had gathered solely from French newspapers. For him these anecdotal comments were proof of the connection between narcotics addiction, decadence, and the French Revolution, as well as confirmation that France had lost its quality as a "great cultural nation" (Seekel, 1940, p. 19, p. 39). He pictures a complex of corruption in the police and the justice system in collusion with the manipulations of Jewish capital.8
The association of an outlawed activity, narcotics trafficking, and consumption of illicit substances with a stigmatized minority, Jews, in the context of a danger to the Volk in the form of threats from abroad thus created the prerequisites for acting more aggressively against domestic narcotics use.9
LEGISLATION
In November 1933, a new provision was added to the criminal code that provided the option of forced intramural treatment for mentally disturbed and addicted offenders. This was to be a measure in addition to punishment, though not related to culpability. The new law could also be used to interdict professional work if the offense was linked to it, for example, in cases of medical doctors abusing or unjustifiably prescribing narcotics. Furthermore, administrative law decreed that addicts could be committed for up to two years for forced withdrawal treatment in special institutions. 10 After "successful" completion of treatment was achieved, the regular criminal procedure was to take place. It is reported that between 1933 and 1942, 756 narcotics users were committed by criminal law: 544 were males, and 212 were females; 200 of these were doctors, and 337 were inhabitants of Berlin (Kosmehl, 1944, p. 40).
Until 1933 narcotics users had been regularly acquitted or sentenced to minor punishment on the basis of diminished culpability. After the Nazi takeover, however, the label increasingly switched to "addicted perpetrator," and the sentences became much harsher. With the introduction of the new criminal statute, it became possible to sentence an offender regardless of the fact that he or she had to be considered mentally insane due to substance dependence. This innovation was unanimously supported in the professional journals.11
The importance ascribed to drug legislation by the NS regime can be deduced from drafts of a future criminal code, according to which attacks on the health of the Volk were to be subjected to draconian punishments. Fighting narcotics use also played an important role in what was called Erbgesundheitspflege (genetic sanity care). According to a pertinent 1935 law, marriage was interdicted if it was considered undesirable in view of the German Volksgemeinschaft (Volk community), or when one of the spouses suffered from mental disturbance or severe alcoholism. Even though narcotics dependence was ultimately not included in this law, narcotics users were often labeled as mentally disturbed.12 Banning their intermarriage was a prohibition intended to prevent addiction "infection" and genetically passing on addiction potential to the children. Dr. Fraeb (1937, p. 23) postulated that he found "an increased amount of mental deviance among offspring of narcotics addicts," demanded that they be kept from marrying, and advocated their sterilization. He supported his argument by citing Hitler's programmatic words: "To keep defective people from engendering defective offspring is a challenge of clearest ration; implementing it is therefore the most humane act of mankind."13
INTERVENTION MEASURES
In 1934, a law providing for the standardization of the public health system went into effect. It was supposed to facilitate more effective preventive measures against addiction, and it entitled public health authorities to use far-reaching measures. On October 19, 1934, the Reichtsarbeitsgemeinschaft fuer Rauschgifibekaempfung - RfR (national authority for the fight against narcotics addiction) was created as part of the ministry of public health (Feuerstein, 1937, p. 13). This organization replaced an association of NGOs working for alcohol abstinence and had branch offices operating on regional and local levels. They functioned as consulting agencies and were staffed by representatives of the medical profession, pharmacists, social insurance, justice, police, military, and an NS welfare organization. Their directives were as follows:
* Early registration of all narcotics users regardless of the substance used
* Correction, care, and treatment for valuable Volk companions
* Elimination of asocial.and genetically conspicuous addicts
* Propaganda, prevention and after-care
* Cost reduction through rationing
Doctors and those working in public institutions had to report narcotics addicts to the public health authorities as soon as they became aware of them. Once registered, their names were passed on to the counseling offices of the care system. The professional in charge was entitled to select the "inferior" ones from among the group of referred addicts. Those persons were then subjected to sterilization and/or commitment to a work or concentration camp (Dede, 1995, p. 36). The clear breach of the principle of human dignity was openly declared: "National-socialist care may not devote more attention to the racially and hereditarily inferior elements than what they deserve with respect to their objective value" (Michaelis, 1941, p. 32, cited after Kramer, 1991, p. 180).
Aside from ideological, hereditary health, and racial hygiene aspects, the cost factor became more and more important in view of the total war economy. The elimination of "ballast existences" was designed to economize on care personnel, treatment slots, and food and clothing in favor of valuable Volk companions, for example, for wounded soldiers. The NS medical system was intended to serve ideal abstractions: the Volkskoerper (body of the Volk) or the volkish genotype rather than individuals.
In the course of reorganization of the RJR in 1939, the Reichsstelle gegen Alkoholund Tabakgefahren (national authority against the dangers of alcohol and tobacco) was founded. The continuing political importance of the fight against narcotics -- even during the war, when use was quantitatively not so important - was reflected in the creation of an independent national registry to be enlisted in the fight against narcotics. This office then created centers and working alliances for the fight against addictions in all Gaue (districts)" of the Reich. By 1944, 24 such centers existed, and these were networked with private practitioners and pharmacies. In cooperation with other relevant institutions, detailed information was to be gathered and reported, for example, prescriptions for morphine that extended beyond three weeks (Kosmehl, 1944, p. 36). Ultimately, it was the outcome of the war that led to the eventual termination of this system.
In addition to the public health care system employees, the police were also occupied with the fight against narcotics. With respect to international accords, in 1935 a national center for the fight against narcotics offenses was founded as a subsidiary of the national criminal police authority.15 In doing so, it was intended that law enforcement would be intensified against narcotics offenses, and a clear functional division of competencies would be established. Soon there were 19 subcenters and 66 lower criminal police offices charged with gathering and reporting narcotics offenses. By 1936, several comprehensive central card files had been developed that contained the following data:16 the names of 1,701 domestic narcotics dealers, 1,690 foreign narcotics dealers, 1,374 addicted persons (including prescription form thieves and forgers), 761 doctors and pharmacists, 366 forgers, 231 burglars, thieves, and fraud artists, 128 localities where illicit narcotics were used, and 68 pharmacy burglaries. Near the end of the war, the number of narcotics users registered in the central files jumped sharply one last time. By 1944, it contained information on more than 4,100 "addicted perpetrators" (Kosmehl, 1944, p. 33ff.). Among some police officers, the increase in the number of addicts was blamed on mental and professional stress caused by the war (Wagner, 1996, p. 321). As late as February of 1945, a criminal police officer by the name of Kosmehl emphasized the importance of fighting narcotics in order to preserve strength for the war.
One focus of the national center was enforcement directed against international drug trafficking. Particular attention was paid to Amsterdam, Zurich, Basel, Glasgow, and the Hamburg free port. While some professional media reported important smuggling cases (e.g. Rasch, 1939, p. 71), others maintained that international narcotics traffic had, since 1933, been successfully reduced to insignificance by the German Reich (Thomas, 1935, p. 55; Kosmehl, 1944, p. 34). Since their tendency was to believe their own ideology, the concern for the narcotics problem was limited. It was postulated that international narcotics trafficking was mainly in the hands of Jews, and it was assumed that with the elimination of these Volksschaedlinge (pests of the nation), the narcotics problem had also dwindled (Thomas, 1937, p. 141). These ideological notions were nourished by seemingly scientific anti-Semitic pamphlets such as "The Jew as a Criminal," by Keller and Andersen (1937, p. 11,p. 19).
CONTINUITY AND BREAKS
Social exclusion in the name of higher values as manifested through the persecution of narcotics users in the Third Reich can be seen as an archetypal model for any kind of state legitimation of social exclusion. Public health "enlightenment" under the Nazi regime was linked to the conviction that it was necessary to fight narcotics use, which, in turn, was associated with "others" - mainly the Jews. Narcotics use was viewed as detrimental to individuals, families, and the society as a whole and therefore had to be fought by all available means, especially the criminal law. The fight against narcotics can also be seen as exemplary for the biological fixation of NS criminology on the hereditary, genetic, "incorrigible criminal."
Reinhard Heydrich, chief of the Reichssicherheitsdienst (safety service) and Reichssicherheitspolizei (safety police) attempted to launch a Gemeinschaftsfremdengesetzes (law against aliens to the people). This proposal was supposed to legally codify the persecution of social fringe groups and minorities. The draft - which never became law - called for preventive detention and forced sterilization for all persons classified as asocial. It would have encompassed an estimated 2% of the total population, including those refusing to work, traitors, prostitutes, those defying race regulations, criminals, and narcotics abusers.
The main criterion for legitimating exclusion is the definition of "otherness." If there are no distinct categories like nationality or color, new definitions must be created. These new definitions are instrumental in the selection of certain human populations and in their subsequent stigmatization. The definition of certain events as "cases of crime" is also a resource for contrasting and clarifying currently valid norms and values and imposing them on all subjects (Cremer-Schaefer/Steinert, 1991, p. 178).
The enemy image of the narcotics addict demanded new, semantically devaluing terms. That is the way in which psychoactive substances were newly defined by semantic creations such as "intoxicating substances," "addictive poisons," and "persons struck by the intoxication disease." These terms attached a deprecatory image to the person so identified. During the Weimar republic, prior to the takeover of the Nazis, the language remained somewhat neutral toward the use of narcotics. Even when these behaviors were displayed somewhat openly, they did not cause social exclusion but were considered to represent a sporadic fashion phenomenon.
When looking at NS drug policy in relation to today's approach, some continuity becomes apparent, especially in terms of attitudes, jurisprudence, and media reports about drugs. "Will narcotics addiction become the scourge of the people? Nowhere has criminality grown so much as in the area of narcotics traffic. Unscrupulous profiteers are cashing millions.... Unscrupulous persons behind the scenes and abroad are making a narcotics super-market of Germany" - this was the title of a piece in the illustrated paper Quick (No.37/1972, cited by Stehr, 1998, pp. 97f.). Even today this headline can be called typical for German media reporting about drugs. The continuity in jurisprudence is also striking: The main argument in the legislative draft for the current German Betaeubungsmittelgesetz (BtMG - Narcotics Law) is the aim of protecting the Volksgesundheit, the health of the Volk! And as late as 1994, the Federal Constitutional Court postulated that the use of cannabis is "likely to disturb social togetherness and family life" (Boellinger, 1994).
The comparisons in terms of reporting, laws and attitudes during the Third Reich can hardly be avoided. The terms used show that these creations of the Third Reich persist today, only now they are fully integrated into the German language. Besides this transfer of stigmatizing terms into the German vocabulary, one can also find residues of the NS narcotics ideology. The handy mass media construct of the drug dealer, analyzed by Stehr for the last thirty years, manifests the continuity of an enemy image, of an unscrupulous and profit-greedy dealer, seemingly justifying his categorization as "foreigner" and his exclusion as a "dangerous alien." "The stereotype has become hegemonial. It has its own history, one of a constantly changing horror image ..." (Stehr, 1998, p. 95), which - at least in Germany - is grounded by the enemy image propagated in the NS system: the narcotics-dealing Jew. The menace for state and society resulting from narcotics criminality in the Nazi-state was personified by the staging of an enemy image of the criminal Jew. The functional equivalence of dealers and Jews has recently been transformed to the public image of the Turkish Kurd dealing heroin or the Black Africans dealing cocaine - and these are, in their turn, associated with all the inherent negative value judgments, myths, and symbols.
NOTES
1 Note by the translator: The noun Volk and the adjective voelkisch were ideologically and effectively charged with a cluster of meanings: nation, people belonging to a nation both in a biological as well as in a spiritual, emotional, mystical, and mythical sense.
2 Before 1941, there were six new listings of illicit substances.
3 Interestingly, below the surface these ideological principles were contradicted at various points: The NS regime, for example, ordered a methamphetamine medication to be developed with the sole purpose of enhancing the capacities of soldiers. The substance, then sometimes called "Hitler's drug," reappeared in Switzerland under the name "Yaba" (Der Spiegel, 43, 1999, p. 222). The SS-State also used narcotics for human experiments in concentration camps. In Auschwitz, prisoners were forced to drink coffee mixed with amphetamine or morphine (Klee, 1997, p. 83, p. 433). The Gestapo (secret state police) ordered SS-doctors to develop a "truth drug," and subsequently in the Dachau concentration camp, SS-doctors experimented with mescaline. On the other hand, NS propaganda in the 1930s scandalized the forced confessions extracted
with the use of narcotics during the Moscow "show tribunals." It was said that the "accused were virtually will-less and could thus be forced to make suicidal confessions, by far exceeding even what was demanded of them" (Fraeb, 1937, p. 36).
4 This can also be concluded from 836 criminal investigation cases against medical doctors for violations of the Opium Law.
5 Hitler is supposed to have been dependent on amphetamine, cocaine, and psychopharmaceutical pills toward the end of the war. Due to bleeding in the ear, Hitler received cocaine ointments, which he found very agreeable and soon wanted to use daily (Sponsel, 1976, p. 49). On the higher levels of the NS regime, it was known that Goering relished cocaine as well as morphine. During his imprisonment at the end of the war, he was submitted to "cold turkey withdrawal," the results of which seem to have been visible during the Nuremberg trials.
6 Gabriel and Kratzmann (1936, p. 124) describe the following case exemplifying categorization as "genetically inferior - asocial": "W.E., Jew, 36 years, businessman, unmarried. Rather a mix of pycnical and leptosome. Committed to a closed institution 8 times, the first time at the age of 19. Heredity: one sister morphine addict due to her husband's death; another sister and one brother alcoholics. The patient is morphinist since he was 17. He encountered the poison through a friend who counseled him to fight his depressions subsequent to a costal pleura infection. He says that he uses the narcotic poison due to `moral depressions' when he does not feel well. At the age of 22 ... he had also taken cocaine because morphine alone did not do the job anymore. Through cocaine he became `more lively' and stimulated. He forged the prescription....One of his relapses was caused by joblessness and subsequent desperation which in turn was enforced by poor family conditions. He has allegedly embezzled a significant amount of money in his family ...."
7 Fraenkel and Benjamin (1932, pp. 21f.), in the journal Juedische Wohlfahrtspflege and Sozialpolitik (Jewisch welfare care and social policy), report similar findings, but with a plausible explanation: Among German Jews, medical doctors, pharmacists, and nurses who had easier access to psychoactive substances were highly overrepresented.
8 Seekel (1940, p. 38) blamed the League of Nations as the "lackey of French interests" and and said not to ignore France's role as a "haven for international narcotics trafficking." He did not mention, however, that the German Reich, having left the League of Nations in 1933, already in 1934 declared German narcotics exports to be "secret affairs for the protection of the Reich's national industrial interests." This declaration not only sharply contradicted official NS
drug policy but also international accords about drug trafficking. Behr (1980, p. 170) reports a heroin connection between the American Cosa Nostra and the NS regime developed via Cuba. The Nazis allegedly delivered heroin from the LG.-Farben-trust production to Cuba in exchange for foreign currencies. The Cosa Nostra picked it up there in order to sell it on the black market. In June 1943 the last German heroin delivery of no less than 1.2 tons is supposed to have taken place.
9 The following citation may serve as an example (Becker 1940, p. 1072) "Law makers and authorities are today more than ever before venturing to fight poisons which damage the Volk, like opium, cocaine and similar narcotics. They are to be eliminated as much as possible from trade and use in medical practice. In this context it is important to know that narcotics abuse is not only very closely linked to crime, especially since many crimes are committed under the influence of narcotics, but also the race value of the Volk diminishes if the number of physically ruined and mentally declined narcotics addicts increases."
10 Practically all users of illicit drugs were potential subjects of these regulations. Between 1934-1937, around 60 doctors were committed who had self-prescribed substances (Geiger, 1975, p. 49; Becker, 1938).
See the examples reported by Thomas (1935/36, p. 126, 1938, p. 103; Graeve, 1935, p.948)
12 Law enforcement against narcotics users became more and more inhumane. This was not only manifested in users being classified as "psychopaths" and "dangerous mentally deranged criminals" (Freienstein, 1936/37, p. 214). The label "mentally disturbed person unfit for life" was also attributed to so-called "mentally disturbed criminals." So, in addition to many thousands of mentally handicapped people, substantial numbers of narcotics users and alcoholics were possibly murdered under the NS euthanasia program (Geiger, 1975, p. 50). Adolf Hitler in Mein Kampf (1925/1926, p. 279).
14 The term 'Gau' was derived from the archaic Germanic tribes.
In the course of the 6th Conference of the International Criminal Police Commission in 1931 (Geneva), the signatories were told to create national centers in order to facilitate international cooperation against drug smuggling (Thomas, 1935, p. 279).
16 Extract from the "daily report" of the criminal police office in Berlin, No. 15, Feb. 21,1936.
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HOLGER MACH (TRANSLATION BY LORENZ BOLLINGER)
Holger Mach, M.A., criminology, currently works as a social worker; his research and publications focus on drug law history and the cultural history of drugs, drug trafficking, and dealers. Direct correspondence to Holger Mach, Bernadottestr. 124, D-22605 Hamburg, Germany. E-mail:
HolgerMach@aol.com Copyright Journal of Drug Issues Spring 2002
Provided by ProQuest Information and Learning Company. All rights Reserved
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