Drug War Update: Nothing Succeeds Like Failure

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by Randy Shelden
ZNet

We are presently in the third decade of what has come to be called the "war on drugs." It continues to dominate the headlines everywhere, as millions of individuals are consistently rounded up, convicted and incarcerated in the nation's prison system on drug charges. About half of the growth in the prison system during the past couple of decades can be directly attributed to drug convictions. Most of those arrested, convicted and sentenced to prison are blacks and Latinos. It is time for an update and assessment on this "war."

First, let's take a look at the money spent. During 2003 a little over $39 billion was spent. (In contrast, in 1980 about $1 billion was spent.) Last year, more than 1.5 million were arrested, with almost half (around 736,000) arrested for marijuana (88% for possession alone). A total of 237,000 were sent to prison on drug charges (multiply this number by $20,000 - the low estimate is the cost to house one prisoner for one year- and you get some idea of the additional costs to taxpayers - about $4.7 billion). In contrast, in 1980 there were 580,900 drug arrests (401,982 for marijuana). Has this war been a deterrence to illegal drug use? Hardly, since more than 83 million Americans have tried marijuana at least once. Use of illicit drugs in general continues unabated, with an estimated 28.4 million Americans aged 12 and over using some illegal drug in 2001 (21 million used marijuana that year). More importantly, however, is that, according to annual surveys of high school seniors, 36% admitted to using marijuana in 2002, compared to 27% in 1990. Use of other illegal substances has shown increases as well.

The drug war continues to target racial minorities, especially African-Americans. Of all state prisoners serving time for drug offenses in 2001 (latest figures available), over half (57%) were black, 19% were Hispanic and 23% were white (the majority of those in prison on any offense are minorities and the incarceration rates for blacks are about eight times that of whites). This is despite the fact that, according to the latest drug use survey, 72% of all users of illegal drugs are white, with blacks constituting only 15% and Hispanics accounting for 10%. For all offenses, the incarceration rate for African-American males is almost 8 times greater than for white males and an estimated one-third of black males will serve time in prison, compared to about 6% of white males.

Women are often overlooked in the drug war commentary, yet drugs are the most serious offense for 72% of them in federal prison and 30% in state prison. Women's rate of incarceration has increased faster than the rate for men and black females are five times more likely than white females to be incarcerated. (More women's prisons have been built in the past twenty years than in the previous 80 years!)

The effects on children have been dramatic, especially for blacks, as black children are about nine times more likely to have a parent in prison than a white child. The drug war is the main culprit here. Add the expense of taking care of these children to your tax bill, not to mention a well-known fact that one of the best predictors of serious delinquency is having at least one parent in prison. This is one of the many "collateral damages" of the drug war, according to a recent book edited by Marc Mauer and Meda Chesney-Lind (Invisible Punishment: The Collateral Consequences of Mass Imprisonment, New Press, 2002).

Indeed, the "war" metaphor certainly fits well here, with many other "collateral damages" not well publicized, such as a lifetime ban on eligibility for TANF assistance and food stamps on those convicted for drugs. Another consequence is the exclusion of drug offenders from eligibility for public housing. Many residents have been evicted simply because a relative or even a house guest had a drug conviction. One of the ironies of the "end welfare as we know it" is that the US prison system has, in effect, become a form of what used to be called "indoor" relief for the poor, dating back to 17th century poorhouses.

One final example of collateral damage is the fact that about 13% of all African-American males have been disenfranchised. In Florida alone, this percentage is around 30%, no doubt contributing to the election (or should I say "appointment") of the George W. Bush as president.

The human side to the drug war as it relates to women was recently displayed in a story appearing in the San Francisco Chronicle. This was about a 51-year-old woman sentenced to six years for possession of 6.3 grams of cocaine, who has only 20 months left on her sentence. She is dying of liver cancer and cirrhosis of the liver, caused by hepatitis C. She has been denied a liver transplant by the Department of Corrections (no female prisoner has ever been allowed to get an organ transplant in the history of California prisons) and without this transplant she is given six months to live. Her case is being reconsidered under the state's Acompassionate release law@ (allowing the release of prisoners who have less than six months to live and who pose no threat to society).

This woman is one more victim of mandatory minimum sentencing for drug offenders, which has decreed some of the most punitive sentences in the world (the average sentence for a drug offender is now longer than for murder). Since the enactment of these laws, the budget of the federal prison system went from $220 million in 1986 to $3.19 billion in 1997 (latest figures), an increase of 1,350%. A curious category of expenditures is that of "drug-related prison construction," which for the federal system included an extra $420 million in fiscal year 2001 and an added $316 million in 2003. Remember, these are mostly drug users going to prison.

Two prevailing views about the drug war have become dominant in recent years; actually, there are two variations of one view, and that one view is that the war on drugs has been a monumental failure. The first variation is that since we have "lost" the war, the only course of action is to declare a "cease fire" if not totally "withdraw our troops" and seek a "peaceful settlement," to use the war metaphor. The other variation is that we should not totally abandon the war efforts, but rather we should try different tactics or even (again using the war metaphor) go in with "guns blazing" and "get this over with."

In short, the view among most critics of the drug war is that it is not working. However, in order to determine the success of a program you have to first define what you mean by "success." If the "war on drugs" was aimed at reducing the use of certain harmful drugs, then few would argue that it has been a success. But what if this was not the goal of this war?

Suppose you argue that the goal was not to reduce drug use? What if you were to argue that the aim of the drug war was to further marginalize and suppress the minority population (many having become part of the surplus population in recent years), while expanding an already large crime control industry? Add to this the recent growth in right-wing conservatism, which continues to impose its own view of morality, while attempting to punish those who engage in what they consider immoral behavior. After all, many of the "drug warriors" (like Bill Bennett, the first "drug czar") have argued that the mere use of prohibited substances is immoral and must therefore be punished. Is the drug war part of this strategy too? From this point of view, the drug war has been a huge success.

Contrary to popular belief, several studies have shown that those who were the leading instigators for this war were well aware of the overwhelming evidence from the scientific community that the way to reduce drug addiction is through education and treatment, not punitive legislation. This they ignored as they proceeded to spend billions of dollars on police and military hardware, plus jail and prison expenditures, over the decades of the 1980s and 1990s.

Dan Baum, in his excellent book Smoke and Mirrors, reports an interview he had with John Ehrlichman, Richard Nixon's domestic policy advisor. Ehrlichman stated quite bluntly that at that time that the "silent majority" (the term Nixon used to describe the average white middle class American) feared and hated "hippies" and urban blacks, as did most in the Nixon administration. Since they could not come right out and directly use the legal system to control these two groups, they instead used the "war on drugs" to control them by specifically targeting marijuana use (code word for "hippies") and heroin (code word for blacks; in time it was "crack" that became a code word for blacks). Therefore, recalled Ehrlichman, we were able to send the "storm troops" onto the campuses and black ghettos.

So the main targets would be the poor, especially racial minorities, along with "hippies." It soon became obvious that this "war" was declared only on a few drugs, the drugs used by the "outcasts" members of society - "hippies," blacks, Latinos, the poor in general. No such war was declared on alcohol and tobacco, which account for around 500,000 deaths each year (in a recent Supreme Court ruling that the FDA cannot regulate tobacco, Justice Breyer, in his dissent, stated quite frankly that "tobacco products kill more people in this country every year than AIDS, car accidents, alcohol, homicides, illegal drugs, suicides and fires combined").

No such "war" was declared on the more privileged segments of the population (like upper income whites who use powdered cocaine). In fact, when too many middle class white youths were arrested on marijuana charges in the 1970s, this part of the "war" was called off. The parents of these youth (many of whom were politicians and law enforcement officials) said (sometimes openly, sometimes not) that "this is not what we had in mind" or "we didn't mean to arrest our own kids," the nice, clean-cut white kids in the suburbs!

The results have been unmistakable, as noted above. Thus, from this point of view, the "war on drugs" has been a resounding success, because the intent was to control and/or lock up the poor and racial minorities.

The law of intent maintains that if a person knows the likely negative consequences of some action and the negative result occurs, then he can be charged with committing a willful act (like drinking and then driving and killing someone in an accident, or driving the getaway car in a robbery where someone is killed and be charged with murder).

One could argue that most proponents of the drug war were sincere in their desire to end drug abuse. However, the fact that the negative results have accumulated for such a long period of time (spanning more than two decades now) and the drug warriors have been advised of these negative consequences over and over again (including hundreds of scientific reports from reputable researchers), and they continue along the same path, lends support to the contention that they are not really interested in reducing drug abuse and instead merely want to contain the "surplus population." What is occurring, in my view, is the creation of a new form of apartheid.
 

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The drug war, on top of being a miserable failure, and an infringement on our liberties, and the ideals of our forefathers; is also largely ignored by the media.

Anythime anyone speaks out against it, they are labeled as users, and radicals.

John Stossel is the obvious exception. He has run a nice feature on ABC about the failure that is the drug war, and also mentioned it in his book, and on Hannity and Colmes. (Guess what Hannity had to say about that?)



I am a huge fan of znet. They have some great articles about how, while Bush is a dangerously bad, and suspect President, the notion that electing Kerry will make any real, productive changes America (changes that I feel are badly needed)is just plain wrong.
 

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Its no different from prohibition IMO.
But its legalisation would cause and create many more social problems (like with alchohol).

In the UK, freely available alchohol is a major factor behind a lot of crime/violence/accidents.

I would not be surprised if that was the main reason for the non-legalisation of drugs here.

(Not bothered about legalisation or not, prefer alchohol myself.)

Presumably the cost of prohibition is less than the social cost of legalisation.

Making marijuana legal might not be a bad idea tho. A heavy grass smoker is unlikely to punch your head in at 2am, (compared to a heavy drinker.)
I'm not so sure about hash, from the habitual users I knew years ago, it seems to be pretty potent.

[This message was edited by eek on April 08, 2004 at 06:17 AM.]
 

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CHONCE: The drug war, ....is also largely ignored by the media.

B: I respectfully disagree.

I work for the world's largest online archive for drug policy related news and opinion.

http://www.mapinc.org

Over the past seven years, with tremendous volunteer help from around the U.S. and the world, we have compiled over 120,000 news clippings from media both home and abroad.

Our data suggests the following:

In 1997, there was indeed very little discussion in major media about drug policies in general, or about the failures of the drug war. What opinion did run, could likely be defined as 25% against the drug war, 25% for the drug war, the rest neutral.

Now, in Apr 2004, those numbers have dramatically changed. Drug policy is regularly in the news. What opinion does run shows about 75% critical of the drug war, 10% in support, and the remainder neutral.

We have successfully changed marijuana laws in 14 different states since 1996. While pot is still illegal throughout the U.S. for non-medical use, it is now legal in ten states for medical. That number should increase to at least 14 by this time next year.

The good news is that there is no one who will openly defend 21st century Prohibition save a few government appointees (Drug Czar Walters and various DEA hacks). Quite simply, Prohibition is an indefensible policy.
 

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EEK: Its no different from prohibition IMO.
But its legalisation would cause and create many more social problems (like with alchohol).

B: Why do you think that?

E: In the UK, freely available alchohol is a major factor behind a lot of crime/violence/accidents.

B: But making it illegal would not change those numbers.

E: I would not be surprised if that was the main reason for the non-legalisation of drugs here.

B: You are correct that it is often cited as the main reason not to legalize. However, in fact we can see that it is Prohibition which either creates or exacerbates any problem you might see related to drug use or abuse.

E:presumably the cost of prohibition is less than the social cost of legalisation.

B: That is an incorrect presumption.

E: Making marijuana legal might not be a bad idea tho. A heavy grass smoker is unlikely to punch your head in at 2am, (compared to a heavy drinker.)

B: It is morally obscene to put a person into a cage simply because they use marijuana.

E: I'm not so sure about hash, from the habitual users I knew years ago, it seems to be pretty potent.

B: Hash is simply a compressed and concentrated form of marijuana. As such, yes it is more potent, but it therefore requires a much a much smaller dose.


Whatever problems you might associate with the idea of 'legal' drugs, they are exacerbated and complicated by making drugs illegal.

EEK, I realize your post was not written as a defense of Prohibition, I'm simply responding to your comments as a model for pointing out that Prohibition guarantees we will have increased dangers to society when it comes to the use or abuse of any substance.
 

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An increasing number of police, judges and others in the criminal justice system are speaking out against 21st century Prohibition.

They have organized as Law Enforcement Against Prohibition - LEAP http://leap.cc/tbay

To understand why we need to eliminate criminal laws against certain drugs, one only needs to compare legal drug dealers with illegal drug dealers.

LEGAL drug dealers (alcohol, pharmacies etc) check for age ID. ILLEGAL dealers do not. And not only do they sell to minors, they recruit those same minors to help them distribute.

LEGAL drug dealers sell labeled, correctly measured substances. They have legal liability if they distribute tainted or mislabeled products. ILLEGAL dealers of course do not have any labeling. It's caveat emptor at it's finest. Not knowing the exact makeup of a drug is what creates nearly all overdoses.

LEGAL drug dealers provide access to clean, sterile needles or other implements related to drug use. ILLEGAL dealers do not.

LEGAL drug dealers resolve business disputes in a courtroom or thru mediation. ILLEGAL drug dealers resolve business disputes with violence on the streets and in neighborhoods.

LEGAL drug dealers are relatively very easy to monitor and to control by both government and private citizens. There is no need for police to wear disguises, to affect an undercover persona, to bust into a pharmacy at 3am with a SWAT team etc. ILLEGAL dealers on the other hand, require the police to do all of the above, often at fatal cost to innocent civilians.

LEGAL drug dealers pay taxes on their revenues and provide legitimate employment opportunities to the community. ILLEGAL drug dealers live tax-free and their only jobs increase danger to the community.

Most important, drug possesion and/or trafficking cases clog up over 50% of current criminal court docket times. More people have been arrested for simple marijuana possesion in each of the past five years than for ALL VIOLENT CRIME COMBINED.

Finally, Prohibition demands that those arrested must often serve jail and prison time. This has led to the United States being the most incarcerated populace on the planet. With over two million Americans incarcerated, we - with only 6% of the worlds population - have over 25% of the worlds imprisoned.
 

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<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> B: It is morally obscene to put a person into a cage simply because they use marijuana. <HR></BLOCKQUOTE>

Different viewpoint

barman,

I realize you want drugs to be legal but eek wasn't comparing pot to say, PCP. It does affect reflexes and judgement just as alcohol does. I think a better position would be to increase the penalties for drug-induced aggression (vehicular manslaughter, punching someone's face in at 2 a.m., etc.) but that's just me. Culpability should be a bigger part of drug use.
 

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UMB, I don't disagree that along with legal access to drugs comes legal responsibilities.

No one should be able - as they sometimes are now - to use "I was under the influence of a drug, so you must excuse my behavior".

As for the NIDA website comments about marijuana, my experience both as a pot user and as someone who works with doctors and medical marijuana patients is that a lot of that information is bull$hit.

REgardless though, even if every single point in that NIDA report was accurate, none of the alleged risks for using marijuana are more damaging to a person than placing them into a cage alongside people who have committed crimes against persons and/or property.

What NIDA and other government sponsored sites refuse to acknowledge is that all drugs, including marijuana, can be Used and also AB-used.

I'll put it another way. If someone you really loved was found to be a marijuana user, and you were concerned due to the information at the NIDA site, who would you call first?

I bet it wouldn't be the local narcotics task force.

I think you might have perceived my earlier post as a 'pro-marijuana' type message. In fact, I have no stake whatsoever in promoting marijuana use.

However I, and many friends and family, DO have a stake in denouncing Prohibition as a public policy.

One need not use, endorse, or even condone pot use to be able and acknowledge that it is wrong to cage another human based solely on their choice of ingestion.
 

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<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>As for the NIDA website comments about marijuana, my experience both as a pot user and as someone who works with doctors and medical marijuana patients is that a lot of that information is bull$hit.
<HR></BLOCKQUOTE>

May I ask with what specifically do you disagree? I could ask some acquaintances but they would most likely prove that website to be true.

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> all drugs, including marijuana, can be Used and also AB-used.
<HR></BLOCKQUOTE>

Couldn't have said it better myself.

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> I'll put it another way. If someone you really loved was found to be a marijuana user, and you were concerned due to the information at the NIDA site, who would you call first?

I bet it wouldn't be the local narcotics task force.
<HR></BLOCKQUOTE>

Depending on whom the actual user was and the reasoning behind their decision I think it is safe for me to say that the cops would be the least of their worries.

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> I think you might have perceived my earlier post as a 'pro-marijuana' type message. In fact, I have no stake whatsoever in promoting marijuana use. <HR></BLOCKQUOTE>

If I misunderstood you, I apologize.

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> One need not use, endorse, or even condone pot use to be able and acknowledge that it is wrong to cage another human based solely on their choice of ingestion. <HR></BLOCKQUOTE>

I'm not a real big fan of prisons. I prefer harsher, cheaper alternatives.
 

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UMB: May I ask with what specifically do you disagree? (in the NIDA webpage about pot)

B: Most of my disagreement comes with the choice of words and the context they are used.

Marijuana 'can' cause A, B, C. In the context of the report and how I most often see it used (not by you, but by those who use such information as a support for continuing Prohibition) is that if it 'can', then it 'will'. In fact, most of the 'it can's depend on a variety of other physical, mental and social factors.

Here's an example with ALL CAPS emphasized by me:

NIDA: Marijuana use also HAS THE POTENTIAL to promote cancer of the lungs and other parts of the respiratory tract because it contains irritants and carcinogens(12, 13). In fact, marijuana smoke contains 50 to 70 percent more carcinogenic hydrocarbons than does tobacco smoke(14). It also produces high levels of an enzyme that converts certain hydrocarbons into their carcinogenic form—levels that MAY accelerate the changes that ultimately produce malignant cells(15). Marijuana users usually inhale more deeply and hold their breath longer than tobacco smokers do, which increases the lungs’ exposure to carcinogenic smoke. These facts SUGGEST that, puff for puff, smoking marijuana MAY increase the risk of cancer more than smoking tobacco.

B: If marijuana use actually created a significant chance for cancer to develop, where are the bodies? There is no record of anyone with lung cancer having developed it as a result of using marijuana.

**marijuana compromises the ability to learn and remember information, the more a person uses marijuana the more he or she is likely to fall behind in accumulating intellectual, job, or social skills

B: If this were definitive, we could not explain why 30-40% of working computer programmers routinely toke.

The comments about addiction do not tell you that typical withdrawal symptoms are on par with caffeine withdrawal.

The comments about the number of people being admitted to drug treatment progams who cite marijuana as their primary drug don't tell you that over 2/3 of those admissions were court-ordered.

Basically, current policies dicate that anyone caught with marijuana is a 'drug abuser' and they are most often given the choice of jail or a treatment program. Understandably, most people elect treatment. Then policy makers use that as 'evidence' that pot is addictive.



Finally, your closing comment definitely arouses curiousity.

UMBags: I'm not a real big fan of prisons. I prefer harsher, cheaper alternatives.

B: To which I ask first, what alternatives? And then I ask, why do we (society) need to forcibly intervene on someone simply because they choose to use marijuana?
 

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<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> To which I ask first, what alternatives? And then I ask, why do we (society) need to forcibly intervene on someone simply because they choose to use marijuana?<HR></BLOCKQUOTE>

I wholeheartedly support the death penalty and corporal punishment(much like Singapore) because I value order over rehabilitation. If guy A steals most of my stuff and promised not to do it again, he still needs to be punished so that others may associate that action with a consequence. There are people, though, that will never get it and will eventually take it in the mouth.

You may laugh but I have felt the safest in Saudi Arabia. They have some rather strict punishments for different offences IMO.
 

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Interesting.

So you would endorse a policy in the U.S. that provides the death penalty for anyone who uses drugs?

If so, which drugs? Just the currently illicit ones, or would you also include the two most dangerous and most commonly abused drugs, alcohol and tobacco?

How about if I use a couple Vicodin from a friend who has a legal script?

How about if I order my own legal prescriptions from a pharmacy outside the U.S.? (also illegal)

Are you starting to see how silly the whole idea of Prohibition is yet?

When a product or service is in demand by over 80% of Americans (when all drugs are considered), a policy of criminal Prohibition cannot possibly be enforced accurately and fairly.

Anyone with a basic education in economics and human behavior knows this.

Unfortunately those are not always a requisite for holding legislative office....sad smile
 

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My opinion on when to use the death penalty extends to people that get high and kill someone else. This two years involuntary manslaughter BS has to go. As far as Prohibition, if they're going to use the death penalty against anyone it should be the dealer's. For argument's sake, let's say that the U.S. adopted the death penalty for illegal users. Would you still consume those products even if it meant death if caught?
 

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Well though I don't agree with capital punishment under any circumstances, I can more understand your suggested use for it here. Note that I earlier agreed that people should not be able to use being 'high' or drunk as an excuse for damaging others. If you're old enough to ingest something, you better know WHAT you're taking and also as much as possible to better judge your choice.

I also believe we should have very stern penalties to those who deal to minors. However, transactions to consenting adults should not be viewed as criminal. In fact, they should be legalized, regulated and taxed, just as we do with many drugs.

Oh, if the U.S. WERE to adopt a death penalty for use, I would simply be forced to move to another country, though such a question/answer is mythical since that won't happen as we both already know.
 

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Or how about I reverse the heat to you on that one?

Think carefully and determine either an activity you engage in, or a substance you enjoy ingesting that you would rate as 'my favorite activity/substance'.

It could be a hobby, it might be sex, it could be a food or drink.

What if your city/state/country declared that activity/substance a capital offense? Would YOU stop doing it? Or would you look for a more sane place to live?
 

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