Posted by: prisonmovement | July 12, 2009

DRUGS WON THE WAR

by Nicholas D. Kristof, New York Times

This year marks the 40th anniversary of President Richard Nixon’s start of the war on drugs, and it now appears that drugs have won.

“We’ve spent a trillion dollars prosecuting the war on drugs,” Norm Stamper, a former police chief of Seattle, told me.  “What do we have to show for it? Drugs are more readily available, at lower prices and higher levels of potency.  It’s a dismal failure.”

For that reason, he favors legalization of drugs, perhaps by the equivalent of state liquor stores or registered pharmacists.  Other experts favor keeping drug production and sales illegal but decriminalizing possession, as some foreign countries have done.

Here in the United States, four decades of drug war have had three consequences:

First, we have vastly increased the proportion of our population in prisons.  The United States now incarcerates people at a rate nearly five times the world average.  In part, that’s because the number of people in prison for drug offenses rose roughly from 41,000 in 1980 to 500,000 today.  Until the war on drugs, our incarceration rate was roughly the same as that of other countries.

Second, we have empowered criminals at home and terrorists abroad.  One reason many prominent economists have favored easing drug laws is that interdiction raises prices, which increases profit margins for everyone, from the Latin drug cartels to the Taliban.  Former presidents of Mexico, Brazil and Colombia this year jointly implored the United States to adopt a new approach to narcotics, based on the public health campaign against tobacco.

Third, we have squandered resources.  Jeffrey Miron, a Harvard economist, found that federal, state and local governments spend $44.1 billion annually enforcing drug prohibitions.  We spend seven times as much on drug interdiction, policing and imprisonment as on treatment.  ( Of people with drug problems in state prisons, only 14 percent get treatment.  )

I’ve seen lives destroyed by drugs, and many neighbors in my hometown of Yamhill, Oregon, have had their lives ripped apart by crystal meth.  Yet I find people like Mr.  Stamper persuasive when they argue that if our aim is to reduce the influence of harmful drugs, we can do better.

Mr.  Stamper is active in Law Enforcement Against Prohibition, or LEAP, an organization of police officers, prosecutors, judges and citizens who favor a dramatic liberalization of American drug laws.  He said he gradually became disillusioned with the drug war, beginning in 1967 when he was a young beat officer in San Diego.

“I had arrested a 19-year-old, in his own home, for possession of marijuana,” he recalled.  “I literally broke down the door, on the basis of probable cause.  I took him to jail on a felony charge.” The arrest and related paperwork took several hours, and Mr.  Stamper suddenly had an “aha!” moment: “I could be doing real police work.”

It’s now broadly acknowledged that the drug war approach has failed.  President Obama’s new drug czar, Gil Kerlikowske, told the Wall Street Journal that he wants to banish the war on drugs phraseology, while shifting more toward treatment over imprisonment.

The stakes are huge, the uncertainties great, and there’s a genuine risk that liberalizing drug laws might lead to an increase in use and in addiction.  But the evidence suggests that such a risk is small.  After all, cocaine was used at only one-fifth of current levels when it was legal in the United States before 1914.  And those states that have decriminalized marijuana possession have not seen surging consumption.

“I don’t see any big downside to marijuana decriminalization, ” said Peter Reuter, a professor of criminology at the University of Maryland who has been skeptical of some of the arguments of the legalization camp.  At most, he said, there would be only a modest increase in usage.

Moving forward, we need to be less ideological and more empirical in figuring out what works in combating America’s drug problem.  One approach would be for a state or two to experiment with legalization of marijuana, allowing it to be sold by licensed pharmacists, while measuring the impact on usage and crime.

I’m not the only one who is rethinking these issues.  Senator Jim Webb of Virginia has sponsored legislation to create a presidential commission to examine various elements of the criminal justice system, including drug policy.  So far 28 senators have co-sponsored the legislation, and Mr.  Webb says that Mr.  Obama has been supportive of the idea as well.

“Our nation’s broken drug policies are just one reason why we must re-examine the entire criminal justice system,” Mr.  Webb says.  That’s a brave position for a politician, and it’s the kind of leadership that we need as we grope toward a more effective strategy against narcotics in America.

Pubdate: Sun, 14 Jun 2009
Source: New York Times (NY)
Author: Nicholas D. Kristof
Bookmark: http://www.mapinc. org/people/ Norm+Stamper
Bookmark: http://www.mapinc. org/people/ Jeffrey+Miron
Bookmark: http://www.mapinc. org/people/ Gil+Kerlikowske
Bookmark: http://www.mapinc. org/people/ Peter+Reuter
Bookmark: http://www.mapinc. org/people/ Jim+Webb


Responses

  1. Debaters debate the two wars as if Nixon’s civil war on Woodstock Nation did not yet run amok. Madam Secretary Clinton need not travel to China to find a culture stripped of human rights or to Cuba for political prisoners. America leads the world in percentile behind bars, due to continuing persecution of flower-children and minorities under the banner of the war on drugs. If we are all about spreading liberty abroad, then why mix the message at home? Peace on the home front would enhance credibility.

    The witch-hunt doctor’s Rx for prison fodder costs dearly, as lives are flushed down expensive tubes. Each new investigation, prosecution, adjudication, incarceration and probation – including infrastructure support – must be paid for. My shaman’s second opinion is homegrown herbal remedy. Consumer dollars can stimulate the economy better if they aren’t depleted by prohibition’s black market.

    Only a clause about interstate commerce provides prohibition a shred of constitutionality. The commerce policy on the number-one cash crop in the land is: no taxation, yes eradication, but money to frustrate enforcement grows on trees. Did the authors of the Constitution intend to enrich foreign cartels at the expense of the treasury? America rejected prohibition, but its back. SWAT teams don’t need no stinking amendment.

    Nixon promised the Schafer Commission would support the criminalization of the hippies and radicals, but it didn’t. No matter, the witch-hunt was on. No amendments can assure due-process under an anti-science law without any due-process itself. Psychology hailed the breakthrough potential of LSD, until the CSA (Controlled Substances Act of 1970) halted all research. Marijuana has no medical use, period.

    The RFRA (Religious Freedom Restoration Act of 1993) allows Native American Church members to eat peyote, which functions like LSD. A specific church membership should not be prerequisite for Americans to obtain their birthright freedom of religion. Denial of entheogen sacrament to any American, for mediation of communion with his or her maker, burdens the free exercise of religious liberty.

    Freedom of speech presupposes freedom of thought. The Constitution doesn’t enumerate any governmental power to embargo diverse states of mind. How and when did government usurp this power to coerce conformity? The Puritans came here to escape coerced conformity. Legislators who would limit cognitive liberty lack jurisdiction.

    Common-law must hold that the people are the legal owners of their own bodies. Socrates said to know your self. Mortal law should not presume to thwart the intelligent design that molecular keys unlock spiritual doors. Persons who appreciate their own free choice of path in life should not deny self-exploration to seekers. Americans’ right to the pursuit of happiness is supposed to be inalienable by government.

    Simple majorities in each house could put repeal of the CSA on the president’s desk. The books have ample law on them without the CSA. The usual caveats remain in effect. You are liable for damages when you screw-up. Strong medicine requires prescription. Employees can be fired for poor job performance. No harm, no foul; and no excuse, either. Replace the war on drugs with a frugal, constitutional, science-based drugs policy.

  2. [...] Drugs won the War (Prisonmovement’s Blog, 12.07.2009) [...]


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