On Legalizing Drugs

“Americans must confront the reality that we are the market,” Secretary of State Rex Tillerson said this past Thursday. “We Americans must own this problem.”[1]

Meeting with his Mexican counterpart, Tillerson acknowledged the role of American drug consumption in the proliferation of violent Mexican drug cartels. Citing the enormous demand for heroin, cocaine, and marijuana by Americans eager to get high, he argued that “drug trafficking had to be addressed as a ‘business model,” attacking cash flow, gun procurement, production and distribution.’”

Oh, please. You’d think that an administration that promised new approaches would make some tiny effort to think outside the prohibition box. But never once in Tillerson’s comments or those of his colleague Homeland Security Secretary John Kelly did a new idea appear. Never once did they hint at any effort to consider the success of other nations where various types of legalization and regulation have greatly reduced drug problems.

Take, for example, the success of states like Colorado now in its fifth year of marijuana legalization. Sales of the legal herb generated tax revenues exceeding $150 million between January and October 2016, $50 million of which the state is using to pump up its school systems.[2] Significant shares of this revenue stream will support improved drug treatment, drug education programs, and various projects targeting at-risk populations.[3] All these expenditures help increase education, job skills, and opportunity for persons who might otherwise fall victim to substance abuse.

Yes, Americans are the market. But instead of devoting resources to learning more about why Americans are uniquely prone to drug use and abuse, outdated policies continue to treat Americans as children to be scolded and punished. This attitude helps foster voters’ disgust with government.

Punishment has become increasingly more severe as subsequent generations of policymakers have embraced the government-as-nanny model. Any incremental step away from prohibition has come wrapped in controversy, implemented only in states where the voice of reason has a chance to be heard. Now with the Trump Administration and its appointment of Jeff Sessions as head of the Justice Department, we face the prospect of a full-bore return to the good old failed policies of the past.

Why is there no discussion of legalization and regulation? A modest approach might be similar to that of Portugal, who years ago legalized all drugs. “Weed, cocaine, heroin, you name it – Portugal decided to treat possession and use of small quantities of these drugs as a public health issue, not a criminal one.”[4]

While our nation’s drug warriors lament that such an approach would lead to higher use rates among the young and greater ease of availability would increase use rates, the fact in Portugal is that youth aren’t using more, adults are using slightly less, the rates of HIV and Hep C infection are down, and – hear this – hardly anyone dies of overdose.

Compare that to the alarming rise in U. S. deaths from opiates which more than tripled between 2010 and 2015.

Drug overdose is the leading cause of accidental death in the US, with 52,404 lethal drug overdoses in 2015. Opioid addiction is driving this epidemic, with 20,101 overdose deaths related to prescription pain relievers, and 12,990 overdose deaths related to heroin.[5]

It’s way past time to face reality: people are going to use drugs. As far back as we can peer into human history, people have consumed everything from beer to cannabis to opium to hallucinogens. These practices are part of who we are, part of our religions, part of our ability to think outside or within ourselves.

Legitimate questions await answers about why various types of drug use throughout the millennia have transformed into today’s raging torrent of human suffering, but we’re not devoting any resources to answer those questions. Have the pressures of our fast-paced modern age forced us to seek refuge in intoxication? Is our multicultural society at fault in erasing old customs and rites of passage that could help us confront our existential crisis? Have the conveniences of our technological age created too much leisure time? What is the impact of a pharmaceutical industry’s marketing campaign flooding us with ads suggesting that the solution to every human ill is a drug?

We simply don’t know.

We should have learned a hundred years ago that criminalizing a popular intoxicant only creates bigger problems. Those who championed alcohol prohibition wanted to stamp out drunkenness. The blissful concept assumed that if alcohol were made illegal and its producers and users criminalized, everyone would simply stop drinking.

New York City Deputy Police Commissioner John A. Leach (right) watching agents pour liquor into the … New York World-Telegram and the Sun Newspaper Photograph Collection/Library of Congress, Washington, D.C. (neg. no. LC-USZ62-123257)

Far from it. For their trouble in passing the Eighteenth Amendment, the “dry” crusaders found their cities overrun by heavily armed criminals fighting over territory. People flaunted the law, patronizing highly popular speakeasies where drinking served as joyous rebellion against overweening authority.[6] No matter how many barrels of liquor were spilled into public gutters, ever more enterprising moonshiners set up shop in hidden hollows.

It took just over fourteen years for prohibition fervor to sour. Amendment Twenty reversed it in 1933.

As Lincoln famously said in 1840:

“Prohibition… goes beyond the bounds of reason in that it attempts to control a man’s appetite by legislation and makes a crime out of things that are not crimes… A prohibition law strikes a blow at the very principles upon which our government was founded.”[8]

Sadly, it seems little of this lesson actually sank in. Prohibition policies continue to frame our national approach to substance use and abuse, siphoning money into hit squads of heavily armed urban police and burgeoning prisons instead of desperately needed research and treatment of addiction.

Reality is that prohibition does nothing to reduce the market for drugs, but it does create a thriving underworld where dealers make huge profits. Stamp out every drug producer/dealer in the nation and tomorrow another crop will rise to the surface. Among the poor, especially those in marginal economies of Mexico and other Latin American countries, the potential benefits far outweigh the risks. Our inner city youth’s only hope of achieving the American dream seems to lie in the profitable drug trade. It’s about supply and demand.

The economics of prohibition can’t be overstated. Trade in illegal drugs generates so much profit that gangs can afford all the expensive weapons they might ever want. The spiraling up of urban warfare now involves military gear and tactics among the police and armor-piercing bullets in automatic weapons carried by adolescent criminals. The payoff comes in fancy cars, jewelry, and a lifestyle not achievable by legal means. Tax free.

A war on drugs is, after all, a war on our people, with rising collateral damage to our cities, institutions, and most of all, innocent bystanders.

Ironically, prohibition policies fail utterly to accomplish the goal of eradicating drug use/abuse. A smattering of evidence from states with legalized marijuana shows that teen use has dropped, suggesting that by removing the ‘forbidden fruit’ aspect of the drug, rebellions teens may lose interest. Meanwhile on the black market, no ID is required for purchase, and studies have found that teenagers can obtain marijuana more easily than beer. [9]

We the people have to decide what we’re going to do about this, because our so-called ‘leaders’ won’t make the first move. We have to decide and then make our voices heard. Compare:

  • a militarized police force versus friendly neighborhood police to protect and serve.
  • urban warfare versus reclaimed neighborhoods and inner cities
  • illegal search and seizure and loss of property even you’re not convicted of a crime versus government butting out of private lives
  • an overwhelmed judicial system versus our Constitutionally-guaranteed due process
  • half of federal prisoners in jail for drugs and the fact that drug offenses comprise the most serious offense for 16% of state prisoners versus an enormous reduction of prison population
  • our ever-growing investment in prisons versus a renewed investment in schools, mental health care, and state-of-the-art addiction treatment centers.
  • taxpayers struggling under drug war costs versus a regulated, taxed drug industry ensuring purity, restricting sales to adults only, and producing substantial new revenue streams
  • American citizens treated as children by government deciding what they can do in their personal lives versus each person responsible for his/her welfare. Want to be homeless, die in a ditch? Go ahead. Ask for help, we’ll be there for you.
  • overdose of drugs like heroin often resulting from zero information about purity or strength versus a regulated market that includes labeling for purity and precautions about use.

There are no upsides to the drug war. By any tally, this approach has been an enormous policy fiasco partly responsible for the decline of inner cities and disrespect for government in general. Government has never bothered to assess the effectiveness of its policies. No one can cite data showing that getting tough on drug traders and users has reduced supply or demand.

Indeed, judging by the rhetoric of our newest batch of politicos and the news flowing to our ears and eyes on a daily basis, we can say with certainty that drug prohibition continues to be an abysmal failure.

~~~

[1] http://www.latimes.com/politics/washington/la-na-essential-washington-updates-tillerson-puts-onus-of-drug-trafficking-1495131274-htmlstory.html

[2] http://fortune.com/2016/12/13/colorado-billion-legal-marijuana-sales/

[3] https://leg.colorado.gov/sites/default/files/15-10_distribution_of_marijuana_tax_revenue_issue_brief_1.pdf

[4] https://www.washingtonpost.com/news/wonk/wp/2015/06/05/why-hardly-anyone-dies-from-a-drug-overdose-in-portugal/

[5] http://www.asam.org/docs/default-source/advocacy/opioid-addiction-disease-facts-figures.pdf

[6] https://en.wikipedia.org/wiki/Prohibition_in_the_United_States

[7] http://www.autofoundry.com/293/the-best-moonshine-cars-of-all-time/

[8] http://www.americanantiquarian.org/proceedings/44807229.pdf

[9] http://www.cbsnews.com/news/teens-pot-easier-to-buy-than-beer/

Advertisements

Same Old

ditch copy

Creek another thirty feet down on the right.

Oh, the wringing of hands as the State of Arkansas once again tries to cough up more money for prisons. One of the poorest states in the nation, Arkansas struggles to pay for schools and roads. But those programs are optional. Prisons are not.

That is, you see, because we must punish Crime.

Thus comes the grand news that Arkansas ranks third in the nation in prison population growth. Not only are prisons stuffed, so are the county jails where duly convicted criminals await prison space. Not only are all lockups in the state overflowing, we’ve now exported hundreds of prisoners to Texas where their for-profit system takes all the money we want to send them.

Most recently, the genius that is the current state legislature has passed a law wherein persons on probation or parole can be stopped and searched not only by parole/probation officers but also by any other law enforcement officer. The arguably reasonable rationale behind this law is that a would-be burglar might be gently nudged along a path of righteousness with more authority figures looking over his shoulder.

They actually believe this will reduce the prison population. My prediction is the opposite. More noses in private business means more marijuana arrests.

The disconnect lies in the reality of present day culture. Whether our criminal codes yet reflect it, marijuana is the new beer. Over half the states have now made marijuana legal for medical use and three (so far) have made it legal for recreational use. In those states, tax revenues are booming while teen drug use and crime in general are down.

We’ll have none of that in Arkansas. No sir.

No, here we prefer to rope goats and dip snuff. Here we produce an annual crop of Bible-thumpin’ preachers in jail for molesting children. Here we have state and federal legislators fixated on regulating a woman’s uterus and other people’s relationships. (I can say these things—I’m a native.)

I live on a dirt road. Periodically the road is graced by the passage of a road grader. The road grader moves dirt around, swiping it from the edges and piling it up in the middle where it is spread along to fill up holes and trenches cut by rain. Next time it rains, the holes appear again.

At the worst spot (pictured above), a cavernous roadside ditch abruptly ends. Water has nowhere to go. So it runs across the road. The solution is amazingly simple: cut the ditch another 30 feet to the creek. Like magic, no more bone-jarring trench.

I’ve long pondered this particular problem. I’ve sent carefully composed letters and drawings to the county road superintendent. I’ve chanced upon the grader mid-task and stopped to belabor my point with the operator. He’s always amiable, working a big cud and nodding while I talk and point. “Yes, Ma’am,” he says.

Then he grades the road exactly the same as before.

That quiet shredding sound you hear is me ripping my hair.

Is getting high a crime? If you get high on alcohol, it’s not a crime. If you zoom around all smiles on your script of Valium or Xanax, not a crime. Face it. People smoke weed. Water runs downhill. 

There’s never been a study showing that laws against drugs have been effective in stopping drug use or addiction. All we have to do is look at the status of our prisons to know those laws have failed. We have a greater percentage of people using drugs now than ever before. Great work, guys. Keep filling those holes.

In 2014, Arkansas arrest data show 14,480 crimes against persons (murder, rape, assault) with the largest subset of 8,103 for simple assault. There were 20,329 crimes against property (arson, burglary, vandalism, fraud, theft) with the largest subset of 8,360 for shoplifting.

Drug arrests (in the category of ‘crimes against society’) totaled 13,626 with 6965 for marijuana possession and 797 for marijuana sales or manufacture. The next largest subset in drug crimes was 1748 arrests for methamphetamine possession and 481 for meth sales/manufacture. (The other 1218 ‘crimes against society’ include gambling, prostitution, pornography, and weapons laws violations.)

Is possession of marijuana an offense equal to assault? Who is harmed? Equal to shoplifting? Whose goods are stolen? Does it make any sense that almost as many people are arrested for drugs as are arrested for crimes against people?

In 2013, Arkansas prisons held 23,384 inmates. Another 29,946 offenders were on probation and 23,227 on parole. The corrections budget that year was $449 million. We can only guess what percentage of the prison/jail population is serving time for drug offenses because the state doesn’t collect that information.

They don’t want to know.

If drug offenders are convicted at the same rate as offenders in other categories, then we could assume that 30% of our prison population is there for drug offenses and 57% of those for marijuana.

There has always been an element of society which believes its duty is to regulate how people think. Its lineage can be traced to the Inquisition and setting witches on fire. No one argues whether crimes against persons and property should be punished. But the idea that the state should attempt to regulate our minds violates every principle of a free society. 

The standard argument in support of drug prohibition involves token concerns about people harming themselves. Worse, people high on drugs can hurt other people. Yes. But people who harm themselves with potato chips or cigarettes aren’t arrested. People trashed on booze can beat up their wives or get behind the wheel and kill a carload of innocent people. But we don’t need alcohol prohibition to prosecute impaired driving or domestic violence.

Aside from trying to arrest our way out of behavior we don’t like, the would-be guardians of our minds have promulgated a flood of anti-drug propaganda. The drug problem flavor of the decade has moved from psychedelics to marijuana to methamphetamines. Now meth is so ’90s. Today the big evil is prescription drugs. (Ironic, considering the incessant television ads hawking drugs for every conceivable human ache and mood.)

By now there’s a nearly-one hundred year tradition of criminalizing certain substances and the persons who use them. The stigma once attached to demon rum has been transferred to a growing list of psychoactive substances. We have no choice. We have to build more prisons.

Let’s keep filling those holes.

Arkansas will be among the last to let go of its attempt to control what people do in the privacy of their homes or heads. These folks are still trying to get back to the 19th century. Even though the Bible says nothing on the subject of drug use and relates multiple instances of Jesus Christ Himself using wine—hey, even making it out of water—religious extremists in control of the state refuse to allow statewide alcohol sales and would fight to the death before legalizing marijuana even for medical use.

The facts have been clear for decades. Any cost/benefit analysis would show the terrible price we pay for this futile effort. We’re stuck with the same old reaction, prisons before schools, before roads, before social services and other interventions that have the potential to actually reduce drug abuse.

How long, oh Lord, ’til the ditch is cut to the creek?