Wednesday, April 4, 2012

The War on Drugs – Who is Really Winning?


Originally written October 21, 2009

                Despite nearly a century of efforts focused on stopping illegal narcotics from coming into the United States, it has become impossible to deny that the same way Prohibition did in the twenties, the war on drugs, has only led us closer to the brink of destruction.  Drugs of all kinds are cheaper than ever and increasingly accessible to almost anyone anywhere.  The numbers don’t lie - we have accomplished a lot in last few decades on the war on drugs.  Billions of dollars of taxpayer money have been spent each year; a flourishing black market has been established with illegal suppliers, both domestically and abroad, who rake in exorbitant profits; millions die in crimes related to the illegal drug trade; our prisons are overflowing with non-violent drug offenders incarcerated on possession charges; and our sick and suffering are denied needed medicine by doctors who are in perpetual fear of being targeted by law enforcement.  There must be a better way.  The following is an examination of why the war on drugs is failing us and how it must be replaced with reasonable, common sense policy that approaches the problem from a realistic perspective.  I will also discuss how the evidence produced from legalization and decriminalization experiments throughout the globe directly refute some of the most common arguments made by those opposed to legalization, such as drug prohibition is working, legalization of drugs will lead to increased drug use and increased addiction levels and legalization and decriminalization of drugs has been a dismal failure in other countries. 
 
                The consensus has been, for a majority of this country’s history, that drugs are an evil in society.  Drugs destroy lives, families, careers, and turn otherwise productive individuals into addicts, or even worse, criminals.  Yes, drugs can have extremely harmful effects.  But much like many things in life, when used in excess, abused, it can have devastating effects.  Most people have vices of one kind or another.  If you’re lucky, your vice might be white chocolate macadamia cookies or fruit flavored lip gloss.  If you’re less lucky, your vice might be cigarettes, alcohol, cocaine, Gucci purses, or sex.  From an objective, evidence-based perspective, anything can be a drug, and many activities can have a drug-like effect on individuals, causing addiction.  More than ever we see people with food addictions, sex addictions, shopping addictions, pornography addictions, and the list goes on.  So why is it that some substances, like tobacco, alcohol and caffeine are legal, while others are not?  Each drug has its own history and before there were registered lobbyists, the wealthy tobacco farmers, for example, exerted plenty of influence on the government and the people.  In the case of the ubiquitous weed, the Marihuana Tax Act of 1937, which effectively criminalized cannabis at the national level, was in large part the result of an aggressive anti-cannabis media campaign staged by newspaper giant William Randolph Hearst.  While the media campaign focused on the plant’s psychoactive effects, it has been commonly argued that Hearst’s true intention was to stop the hemp paper industry, which would have threatened his interests in timber-derived paper with a cheap, fast-growing, renewable alternative. 
 
                How can a system that uses arbitrary criteria to decide which drugs are legal and which ones are not have the respect and the support from the community that it needs to succeed?  In research published in 2007, Professor David Nutt of Britain's Bristol University put forth a proposal for a new framework for the classification of harmful substances, based on the actual risks posed to society.  Their rankings listed alcohol and tobacco among the top 10 most dangerous substances.  Heroin and cocaine were ranked most dangerous, followed by barbiturates and street methadone.  Alcohol was the fifth-most harmful drug and tobacco the ninth most harmful. Cannabis came in 11th, and almost at the bottom of the list was Ecstasy.  In fact, the study indicates that Tobacco accounts for 40 percent of all hospital illnesses, while alcohol is blamed for more than half of all visits to hospital emergency rooms (Study, 2007).
                We need not look very far into our historical past for evidence that prohibition doesn't work.  Ninety years ago, the United States tried to rid itself alcohol, and it led to an explosion of violence of legendary proportions.  Today, it's hard to ignore the echoes of Prohibition in the drug-related mayhem that plagues most of our cities, has spread farther into rural areas, and especially along our southern border.  In less than two years there have been some 10,000 drug war related deaths in Mexico alone, as the government there battles an army of killers which appears to grow every day.

                When the government created a barrier between alcohol producers and consumers in 1920, one of the most lucrative enterprises in our history was created and along with it the major crime syndicates – causing the U.S. murder rate to increase tenfold.  The staggering profits from illegal alcohol gave the mafia the financial power to overtake legitimate businesses and expand into casinos, loan sharking, labor racketeering and extortion.  The Roaring '20s were then interrupted by the Crash of '29, and when the funds were gone, the fight against alcohol was a luxury the country could no longer afford.  In 1933 Prohibition was repealed, and over the next decade the U.S. murder rate was cut in half.  Sadly, today it is back to where it was at the peak of Prohibition - 10 per 100,000 - an increase clearly connected to the war on drugs (Gray, 2000).
To make matters worse, not only have billions of dollars been spent on the war itself and caused no discernible decrease in drug consumption, but the United States remains the leader in drug demand around the world with our prisons overflowing with drug offenders of all levels.  Although people may think that the Drug War targets drug smugglers and 'King Pins,' in 2008, 49.8 percent (half) of the 1,702,537 total arrests for drug abuse violations were for marijuana - a total of 847,863.  Of those, 754,224 people were arrested for marijuana possession alone.  By contrast, in 2000 a total of 734,497 Americans were arrested for marijuana offenses, of which 646,042 were for possession alone.  (Source: Crime in America: FBI Uniform Crime Reports 2007 - Washington, DC: US Dept. of Justice, 2008)  This does not stop many of our local and national leaders from using the drug war as political capital by touting their so-called “toughness” on drugs as evidence for effective leadership.  The war on drugs is a subject that sparks fear in the hearts of most ordinary citizens who want to protect their children from the evils of drug use, and with good reason.  Unfortunately, the public loses when politicians exploit this fear in the interests of maximizing their votes and thereby undermining any rational debates on the subject.

                There is hope for change and we are beginning to see a few small victories for the drug policy reform movement.  In October of last year, attorney General Eric H. Holder Jr. told government lawyers that federal prosecutors should focus only on cases involving higher level drug traffickers or people who use the state laws as a cover story in 14 states where medical marijuana use is legal.  Although this is a step in a positive direction, too much law enforcement resources and man hours are poured into ridding communities of hated drugs that everyone becomes a suspect and some people pay the ultimate price. 
 
                On July 29, 2008, Berwyn Heights, Maryland Mayor, Cheye Calvo’s home was invaded by Prince George’s County SWAT in search of a box of pot.  The masked officers, surrounded the house, broke down the door without warning and first shot 7 year old lab, Payton, in the jaw, neck and chest, then pushed down and handcuffed his mother-in-law, then shot 3 year old lab, Chase, in the legs and chest while he was attempted to get away, and finally handcuffed mayor Calvo while they ransacked his house in search of evidence (none was found) for nearly four hours as Payton and Chase lay bleeding on the ground.
 
                In a Washington Post chat Calvo stated: “Let me say first that I have never done drugs and have a fairly deep personal opposition to them.  That said, I also have a serious problem with public policy by metaphor -- and the ‘war’ allusion is especially dangerous.  Clearly, the current policy is a failure, and there needs to be a genuine public discussion here.  A federalist at heart, I think that states should have greater leeway to try new approaches.  There has to be a middle ground between outright legalization and a military state (Witt, 2009).”
                A startling glimpse at drug-war expenditures revealed the following: in 1992, on reducing consumption of cocaine alone, the U.S. government spent the $783 million in source-country control efforts, $366 million for interdiction, $246 million for domestic enforcement, and only $34 million for treatment.  However, by 1992, the number of cocaine users had only decreased to 7 million as compared with its peak in the 1980s of 9 million.  Even then, this apparent improvement is misleading, because the decline in the number of light users has masked an increase in the number of heavy users maintaining the total rate of cocaine consumption around 300 metric tons per year, which is where it peaked in the mid-1980's (Rydell, 1994).  
                After years of witnessing firsthand the ineffectiveness of drug policies Peter Moskos, a professor at John Jay College of Criminal Justice and the author of "Cop in the Hood" and his colleague Neill Franklin, a 32-year law enforcement veteran who both served as Baltimore City police officers and are members of Law Enforcement Against Prohibition, said the following in editorial to the Washington Post:  "Cities and states license beer and tobacco sellers to control where, when and to whom drugs are sold.  Ending Prohibition saved lives because it took gangsters out of the game.  Regulated alcohol doesn't work perfectly, but it works well enough.  Prescription drugs are regulated, and while there is a huge problem with abuse, at least a system of distribution involving doctors and pharmacists works without violence and high-volume incarceration...  Drug manufacturing and distribution is too dangerous to remain in the hands of unregulated criminals. Drug distribution needs to be the combined responsibility of doctors, the government, and a legal and regulated free market. This simple step would quickly eliminate the greatest threat of violence: street-corner drug dealing."

                In discussing more effective and more fiscally responsible alternatives, they added, "California and its medical marijuana dispensaries provide a good working example, warts and all, that legalized drug distribution does not cause the sky to fall…  Having fought the war on drugs, we know that ending the drug war is the right thing to do -- for all of us, especially taxpayers.  While the financial benefits of drug legalization are not our main concern, they are substantial. In a July referendum, Oakland, Calif., voted to tax drug sales by a 4-to-1 margin. Harvard economist Jeffrey Miron estimates that ending the drug war would save $44 billion annually, with taxes bringing in an additional $33 billion.  Without the drug war, America's most decimated neighborhoods would have a chance to recover. Working people could sit on stoops, misguided youths wouldn't look up to criminals as role models, our overflowing prisons could hold real criminals, and -- most important to us -- more police officers wouldn't have to die."

                In fact, there are many successful experiments happening right now that address the problem from a public-health perspective and are yielding far better results.  Portugal, for example, which decriminalized in full, the use and possession of every drug, seven years ago.  Interestingly, none of the horrors put forth as likely consequences by opponents of decriminalization actually became true.  "Lisbon didn't turn into a drug haven for drug tourists.  The explosion in drug usage rates that was predicted never materialized.  In fact, the opposite happened.  Once Portugal decriminalized, a huge amount of money that had gone into putting its citizens in cages was freed up.  It enabled the government to provide meaningful treatment to people who wanted it, and so addicts were able to turn into non-drug users and usage rates went down (Gillespie, 2009)."

                Further, in focusing the funds available into public health efforts and education, will allow for more effective programs to be available to the population and make it more likely that drug users will in fact use them because they will no longer have to fear prosecution.  For example, syringe exchange programs have proved extremely effective in reducing harm to users and restricting the spread of HIV / AIDS and Hepatitis C, two of the most serious disease epidemics of our time.  In addition, doctors will no longer live in constant fear of having their licenses revoked for prescribing needed medicine to those who are ill and in pain. 
 
                The choice is clear.  It is no longer possible to continue to deny the overwhelming evidence against prohibition and the war on drugs.  An open and honest debate based on credible scientific evidence, not prejudice and misconception, with the goal of reaching practical solution for the short and long term, needs to be a priority.  The power must be removed from the hands of the drug cartels and paramilitary law enforcement and given back to the government for regulatory responsibilities and health and education professionals for treatment responsibilities.  We owe this to our children, our families, our communities and our country to start taking action now in securing for them a better, healthier and safer future.

References

Gillespie, N.. (July, 2009). Drug Decriminalization in Portugal. Reason, 41(3), 13.  Retrieved March 11, 2010, from Research Library. (Document ID: 1747646861)

Gray, M., (2000), Drug Crazy: How we got into this mess and how we can get out.  New York, NY: Routledge.

McVay, D., (2007), Drug War Facts: Compiled from reliable sources by Common Sense for Drug Policy, 6th Edition, Canada.  Retrieved at http://www.drugwarfacts.org/cms/

Moskos, P. & Franklin, S., (August 17, 2009). It's Time to Legalize Drugs. The Washington Post,p. A.13.  Retrieved March 11, 2010, from ProQuest Newsstand. (Document ID: 1833332411).

Rydell, P., Everingham, S. (1994), Controlling Cocaine: Supply Versus Demand Programs, Prepared for the Office of Drug Control Policy, Rand

Study: Alcohol, tobacco worse than some drugs.  (March 23, 2007) Associated Press

Trebach, A.S., (2005). The Great Drug War and Rational Proposals to Turn the Tide, Bloomington, Indiana: Unlimited Publishing.

Witt, A., (February 1, 2009) Deadly Force, Washington Post Magazine

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