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January 13, 2001
Make Drugs Legal for Adults, Says Former Cop
by David Klinger

David Klinger is professor of criminology at the University of Missouri.
This article is adapted from his chapter in the new Cato Institute book,
"After Prohibition: An Adult Approach to Drug Policies in the 21st Century."
ST. LOUIS--When I joined the Los Angeles Police Department in 1980, I was a
strong supporter of the notion that illegal drugs should stay that way and
that the enforcement of drug laws should be a top priority.

But my views quickly changed once I hit the streets. Assigned to the rugged
77th Street Division in the heart of South Central, I saw firsthand the
social problems one could find in any community awash in the trafficking and
use of marijuana, cocaine, heroin and other controlled substances.

During my first months on patrol, after handling hundreds of drug calls and
arresting scores of people for possessing various illegal substances, I
began to doubt what my peers and I were doing.

I saw violent criminals walking the streets because the jail space they
rightfully deserved was occupied by nonviolent drug offenders. When we
carted small-time drug dealers off to prison, I saw other sellers quickly
step in to fill the void.

I started to view most people involved with drugs either as broken souls who
made self-destructive choices or as harmless people who indulged their
appetites in moderation—not as crooks who needed to be punished.

I tried to reconcile what I saw with my views about firmly enforcing drug
laws. At first I accepted the arguments of politicians, policy wonks and my
peers who asserted that ever harsher laws and firmer enforcement would turn
back the tide of illegal drugs.

But by the end of my tenure with the LAPD I came to believe that
marijuana--a drug I had never seen anyone overdose on or influence anyone to
do anything more violent than attack a bag of potato chips--should be
legalized.

I held a bifurcated stance toward illicit drugs--legalize pot but strictly
enforce existing laws against the rest of the stuff--through my time with
the Redmond, Wash., police department and into my graduate studies.

As the years passed, however, I saw a nation fighting harder, devoting more
money and jailing increasing numbers of individuals--all the while falling
further behind in the war on drugs.

The price of the drugs didn't rise with increased interdiction, usage rates
didn't fall and the number of lives damaged or destroyed by chronic use,
overdose and drug-related criminal activity mounted. No matter how much I
disliked the idea, I became convinced the United States should legalize
illicit drugs.

Ever since I concluded we should call off the hounds, I have discussed my
ideas with people in many walks of life.

Interestingly, both my hardiest supporters and my harshest critics come from
the same group: my law enforcement associates. Many of them on both sides of
the debate share my views about the futility of the drug war and agree it
carries a substantial downside.

What generally separates those who agree with me from those who don't is
their take on a question they almost invariably put to me: Won't legalizing
drugs lead more people to take them and thus make things worse?

I do not know whether legalizing drugs will increase their popularity. But I
suspect that if we approach legalization thoughtfully and pursue a sensible
post-legalization strategy, then the drug rolls will not swell. They may in
fact decline.

But even if more people do take drugs in the wake of legalization, we would
live in a society where citizens suffer far less from the predatory crimes
spawned by the illicit drug trade.

In the end, we cannot protect free adults from their own poor choices, and
we should not use the force of law to try. In a free society negative
consequences befall people who use their freedom to do foolish things.

Victimless self-destructive behavior is its own punishment, not the business
of the legal system.

Index of Daily Commentaries | Cato Institute Home |

© 2001 Cato Institute


After Prohibition:
An Adult Approach to Drug Policies in the 21st Century

Edited by Timothy Lynch


More than 10 years ago, federal officials boldly claimed that they would
create a 'drug-free America by 1995.' To reach that objective, Congress
spent billions on police, prosecutors, drug courts, and prisons. Despite
millions of arrests and countless seizures, America is not drug free.
Illegal drugs are as readily available today as ever before. Drug
prohibition has proven to be a costly failure. Like alcohol prohibition,
drug prohibition has created more problems than it has solved. The drug war
has destroyed the lives of inner-city residents, corrupted law enforcement,
and distorted our foreign policy. Yet drug prohibition is still seen as a
viable strategy by our political leaders. Paradoxically, alternative drug
policies—such as legalization—fall outside of the parameters of serious
debate in our nation's capital. No one maintains that drug legalization
would be a panacea. There is no question that drug abuse would continue to
be a problem even in the face of legalization. But drug prohibition is a
blunderbuss approach that treats Americans with very little respect. It
treats them like children. It is time to deal with adult drug use in a more
open, honest, and mature manner. The drug war has been given a chance to
work, but it has failed miserably. Timothy Lynch is associate director of
the Cato Institute's Center for Constitutional Studies and a graduate of
Marquette University School of Law. He is a member of the Wisconsin and
District of Columbia bars and writes frequently on legal issues.

"You cannot read this book without recognizing the social tragedy that has
resulted from the attempt to prohibit people from ingesting an arbitrary
list of substances designated 'illegal drugs.' . . . Not since the collapse
of the attempt to prohibit the ingestion of alcohol has our liberty been in
such danger as it now is from the misnamed 'war on drugs.'"

-Milton Friedman

"The nation is crying for an honest weighing of the dollar and societal
costs of the drug war against its limited accomplishments in reducing the
admittedly serious problem of drug abuse. This volume addresses the many
ways in which America is paying for its drug war‹many billions of dollars
spent, encroachment on individual constitutional rights, distortion and
corruption of policing, and incarceration of over 400,000 people in a futile
attempt to keep the drug market from responding to domestic demand."

-Alfred Blumstein
University Professor, H. John Heinz III School of Public Policy and
Management, Carnegie Mellon University

Contributors
Ted Galen Carpenter is vice president for defense and foreign policy studies
at the Cato Institute.
Steven Duke is professor of law at Yale University.
Gary Johnson is governor of New Mexico.
David Klinger is professor of criminology at the University of Missouri.
David B. Kopel is director of research at the Independence Institute.
Michael Levine is a former agent of the Drug Enforcement Agency.
Daniel Lungren is a former attorney general of California.
Timothy Lynch is director of the Cato Institute's Project on Criminal
Justice.
Joseph McNamara is a research fellow at the Hoover Institution.
Roger Pilon is vice president for legal affairs at the Cato Institute.
Daniel Polsby is professor of law at George Mason University.
Julie Stewart is president of Families Against Mandatory Minimums.



Qty.   After Prohibition: An Adult Approach to Drug Policies in the 21st
Century (2000/193pp.)  - $18.95 cloth
ISBN 1-882577-93-0
Qty.   After Prohibition: An Adult Approach to Drug Policies in the 21st
Century (2000/193pp.)  - $9.95 paper
ISBN 1-882577-94-9

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© 1999 The Cato Institute


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