-Caveat Lector-

>From http://www.ejfi.org/Prohibition/Prohibition-2.htm

America In A Fix by John L. Kane

� 2002, Rocky Mountain News
April 27, 2002
Reproduced under the Fair Use exception of 17 USC 107 for noncommercial, nonprofit or
educational use.




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Drug war has proven more corrosive for America than the drugs themselves



  Our present War on Drugs began in 1972 when pot-smoking demonstrators against the
Vietnam War mocked all authority, ridiculed President Nixon and challenged the very
assumption of his authority. His response has resulted in a society subjected to 
draconian
remedies. The War on Drugs � through stringent, puritanical measures � attempts to set
the public right. Not only is justice not done, it is threatened and derided. Our 
national drug
policy hasn't changed significantly with changes in administration. It emphasizes
interdiction, police action and imprisonment with a pious and pseudo-reverential nod to
treatment and education. The policy persists in spite of all evidence, even the 
government's
own, demonstrating that it is foolish and unworkable. And despite the billions of 
dollars
spent each year in drug enforcement programs, less that $1 out of every $100 is spent 
on
research and evaluation to find out why it isn't working. As recently as March 29 of 
last year
the National Research Council of the National Academy of Science and the National
Academy of Engineering advised that the nation's ability to evaluate whether the drug
policies even work is no better now than it was twenty 20 years ago when the War on
Drugs was escalated from bravado to guns and blood. Without hard, well-researched
information, it is not even possible to articulate a new or improved policy. All that 
is left is
the frequently expressed inanity that changing our drug policy would "send the wrong
message to our children.'' In this darkest of comedies, the government hasn't the 
slightest
notion what message our children are presently receiving. Perhaps we should send a
message to our children about the causes of death in the United States. We would have 
to
tell them that tobacco is legal and, at 430,700 deaths per year, is the leading cause 
of
substance-abuse deaths; that alcohol is legal and 110,600 die from it each year; that
adverse reactions to legal prescription drugs cause 32,000 fatalities a year; that 
30,500
commit suicide; 18,000 are homicide victims; and that 7,600 people die each year from
taking anti-inflammatory drugs such as aspirin. Of course, we don't want to send them 
the
wrong message that the total number of deaths caused by marijuana is zero. Perhaps the
message we should be sending our children is that local, state and federal governments
now spend more than $9 billion per year to imprison 458,000 drug offenders. What would
be the cost of our current drug policy if it were succeeding rather than failing? 
Incarcerating
all cocaine users in the U.S. would cost $74 billion, but only after constructing 3.5 
million
more prison beds at an initial cost of $175 billion. It would cost $365 billion to 
jail everyone
who smoked marijuana last year � five times the total national, state and local 
spending
for all police, courts and prisons combined. To contain this crowd behind walls, we 
would
need a cadre of guards and other prison employees larger than all of our military 
forces
combined. These projections are not entirely academic: The nation is completing the
construction, on average, of a new prison every week. More costly than money, however, 
is
the price we now pay for this failed policy in terms of the decline in public safety, 
the
breakdown of our criminal justice system, the erosion of our civil liberties and the 
pervasive
public disrespect of the law. Good citizens, who are otherwise law-abiding, ignore or 
evade
drug laws. With literally tens of millions of people using illegal drugs or related to 
those
who do, an ever-increasing part of the population has become cynical about our laws, 
legal
system and political process. Each year since 1989, more people have been sent to 
prison
for drug offenses than for violent crimes. At the same time, only one in five 
burglaries is
reported and only one in 20 reported burglaries ends in arrest. Yet detectives 
continue to
be reassigned from burglary details to investigation of street sales of drugs. The 
cost for
this particular aspect of our national folly is absorbed in significantly increased 
insurance
premiums. Furthermore, interdiction efforts are utterly futile. Using data supplied by 
the
federal Office of National Drug Control Policy, we learn that the price of heroin has 
dropped,
not increased, while its production has risen greatly. The illegal market price of 
cocaine in
1981 was $275.12 per gram and by 1996 it had dropped to $94.52. Because a kilogram of
raw opium sells for $90 in Pakistan, but is worth $290,000 in the United States, law
enforcement seizures have little, if any, impact on operations or profitability. And, 
as New
York Times columnist Anthony Lewis observed on April 28, 2001, "The effort to stop 
cocaine
exports from Peru has cut the flow from there substantially. But that reduction has 
been
more than made up by a huge increase in coca cultivation and production in Colombia. As
Plan Columbia, the military anti-drug program, gets under way there, production is
reportedly beginning to shift to Ecuador.'' Lewis listed the costs to other nations of 
our
current drug policies: the rise of drug gangs, the poisoning of peasants from the 
spraying of
undesirable crops, the corruption of governments and increased deaths by violence. 
"Yet,''
he notes, "the amount of cocaine and heroin entering the United States is as great as
ever.'' Police agencies still need to protect the public by holding those who cause 
accidents
or commit crimes while under the influence of drugs and alcohol fully accountable for 
their
acts, but we must get them out of the business of financing their operations through 
the
seizure and forfeiture of private property. The costs of law enforcement should be 
funded
from the public treasury so that we can determine how much the implementation of
government policies is costing. In other and harsher words, we need to terminate the
symbiotic business relationship that law enforcement has with the illegal drug 
industry.
Each scratches the other's back. Indeed, the two groups who would suffer most from an
elimination of the black market in drugs would be, in nearly equal measure, organized
crime and law enforcement. Those who would benefit the most would be the people,
especially children, who have never before tried drugs because there would be no
economic incentive to turn them into customers. Those who are already addicted or
abusing drugs or who will no matter what law obtains can be treated rather than
imprisoned at a cost of one-seventh the amount needed to imprison them. And let's not
forget the "other victims'' of the so-called War on Drugs � those people and businesses
who can't get into court to have their cases heard; the victims of traditional crimes 
such as
burglary, rape and robbery who can't get justice because the police are tied up with 
drug
cases; merchants going bankrupt because the police no longer have time to investigate 
or
prosecute bad-check cases; battered spouses whose mates are not sent to jail because
there's only room there for pot smokers; physicians and other medical care providers 
who
cannot treat their patients according to conscience and the discipline of their 
profession; the
sick and dying who endure unnecessary pain; children whose parents are taken from them;
the police who have given up honorable and challenging work investigating and detecting
crime because they have become addicted to and dependent upon an informant-based
system reminiscent of Lenin's dreaded Cheka; families forced to select one member to
plead guilty lest the entire family be charged; prosecutors and defense attorneys who 
have
turned the temples of justice into plea-bargaining bazaars; and, most painful to me, 
judges
who let this happen and don't say a word. In order to deal successfully with drug 
abuse,
this nation must abandon its failed policies and rhetoric of misinformation. I suggest 
that
federal drug law should be severely cut back. The importing of unauthorized drugs 
should
continue to be a federal crime and the regulation of manufacturing drugs for 
distribution in
interstate commerce should likewise be a federal concern, but the several states should
regulate sales and decide which activities are criminal � such as selling or inducing 
minors
to take drugs � and which drugs, if any, should be prohibited. In sum, the policy 
should be
to end the black market, end the freebooting financing of law enforcement by 
forfeiture and
treat those drug and alcohol abusers who want to be treated. At the present time, our
national drug policy is inconsistent with the nature of justice, abusive of the nature 
of
authority and ignorant of the compelling force of forgiveness. Our drug laws, indeed, 
are
more mocked than feared. These are the messages we are sending our children.



John L. Kane is a United States senior district judge in Denver, Colorado.
~~~~~~~~~~~~~~~
A<>E<>R
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--- Ernest Hemingway

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