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- Newsgroups: misc.activism.progressive
- From: Helen Nusbaum <helenn@hprdewa.rose.hp.com>
- Subject: The War On Drugs and the Case For Decriminalization
- Message-ID: <1993Jul4.081510.28813@mont.cs.missouri.edu>
- Date: Sun, 4 Jul 1993 08:15:10 GMT
-
- The War On Drugs and the Case For Decriminalization
- Copyright 1992 by Steven Meinrath
-
- During the recent presidential debates the candidates were asked a
- surprising question. Given the utter failure of the War On Drugs and, given
- the endorsement of the notion by such noted liberal thinkers as William F.
- Buckley, Jr. and George Schultz, would any of the candidates ever consider
- taking any steps in the direction of decriminalizing drugs? Not surprisingly,
- the answer was no. The fact that the question was even asked in such a forum
- is a measure of the degree of respectability the issue has gained in recent
- years. This would have been unthinkable just a few years ago.
-
- The first time I wrote to urge the decriminalizing of drugs was in 1978
- while a probation officer in San Francisco. Although I fully expected to
- become a pariah at the Probation Department, I found a surprising degree of
- support for my position among my colleagues. Since that time the ranks of
- those urging the repeal of all criminal penalties for personal drug use has
- grown each year. For those of us in particular who work in the criminal
- justice system and are confronted daily with the horrendous results of the War
- On Drugs, the notion that we need to take an entirely new approach to drug
- abuse resonates well. Of course, this is not a universally held belief. A
- large number of people, an entire industry in fact, profits immensely from the
- huge amount of money taxpayers spend each year on efforts to suppress the drug
- trade. Others support the current prohibition on these substances for a
- variety of other reasons. But for an increasing number of criminal justice
- professionals, drug use is looking more and more like a health care issue and
- less like an issue that can be resolved by the criminal justice system.
-
- By far the greatest costs to society come not from the use of the outlawed
- substances themselves but from the fact that we have chosen to outlaw them. In
- a recent article in Criminal Justice magazine, the publication of the American
- Bar Association's section on criminal justice, Rufus King, former Chair of that
- section, writes that, according to National Institute on Drug Abuse statistics,
- deaths related to cocaine/crack in 1990 numbered 2,483 and from heroin/morphine
- 1,976. (King, The Unwinnable War On Drugs, Why The ABA Should Pull Out (Fall
- 1992) Criminal Justice at p. 10.) Taking these figures into account as well as
- those for all hospital emergency-room admissions which contained any reference
- to an illegal drug (80,355 for cocaine/crack and 33,884 for heroin/morphine),
- King concludes,In short, the damage done by these two most feared substances
- (by the substances themselves, of course, not by the warring and disruptions of
- the ubiquitous black market they sustain) is in the same range as spills from
- bicycles and household accidents. And in the entire history of drug use, no
- one has ever recorded an indisputable instance of death attributable solely to
- marijuana/hashish. (Id.)
-
- By comparison, King points out, deaths from smoking tobacco in 1990
- numbered over 400,000 and from drinking alcohol over 100,000. These figures do
- not include drunk-driving fatalities and other under-the-influence related
- deaths and injuries. Critics of decriminalization respond that the fact that
- the damage done by legal drugs far outdistances that done by illegal drugs
- demonstrates that prohibition works. Remove the criminal sanctions for drug
- use and youUll have just as many crackheads as we now have alcoholics. There
- are two problems with this argument: it presupposes that the only reason the
- vast majority of people have never smoked crack or shot heroin is due to the
- fear of arrest and incarceration if they got caught; and it completely ignores
- the enormous "collateral damage" from the War On Drugs.
-
- If you think the drug prohibition works you should go out and campaign for
- the recriminalization of alcohol and for the first-ever criminalization of
- tobacco. But before you do, consider this: Former Surgeon-General C. Everett
- Koop once testified before a startled congressional committee that tobacco is
- just as addictive as heroin. One particularly incredulous committee-member (an
- equally distinguished physician, no doubt) dismissed this as poppycock and
- exclaimed, 'you don't see anyone out there breaking into people's houses to get
- money to buy cigarettes, do you?' To which the Surgeon-General replied, 'if you
- make it illegal, they will.' The point is, no matter how harmful the substance,
- attempts by government to coerce people through the application of criminal
- sanctions into not ingesting it carries a much greater cost to society at large
- than allowing individuals to choose their own poison.
-
- The whole issue of drug use is a complex one and should not be
- oversimplified. However, the costs of continuing the current policy, the
- "collateral damage" from the War On Drugs, is more than we can afford. These
- costs include, to name just a few, the drive-by shootings and other street
- level violence that results from the competition in the black market for drugs;
- the burglaries, robberies and thefts of all kinds by addicts forced to pay
- grossly inflated black market prices for the drugs to which they have become
- addicted; the inability of addicts, including pregnant women, to seek medical
- care due to the fear of being incarcerated if their addiction is discovered and
- the attendant costs, human and financial, of treating their drug-addicted
- babies; the spread of AIDS; the astronomical cost of police, prosecutors
- defense attorneys, probation officers, court personnel, correctional personnel
- (not to mention courtrooms and prisons) all of whom are employed in the futile
- effort to chase down, arrest, try, convict and incarcerate drug users.
-
- This utilization of judicial resources in turn imposes what is becoming an
- unbearable burden on the entire justice system. And, of course, volumes could
- be written on the price we have all paid in terms of the rights we have lost as
- courts and legislatures across the country, caught up in Drug War hysteria,
- have condoned ever greater invasions of privacy by government agents, and
- trampled over a myriad of well-established Constitutional protections. For
- those who believe in a more authoritarian society, the War On Drugs has been a
- convenient vehicle to achieve that end.
-
- Perhaps the most ironic argument raised against any deviation from the
- current path is that removing criminal penalties for drug use amounts to
- genocide against minority communities. This argument is made persistently by
- such bona fide spokespersons for the interests of minorities and the
- dispossessed as A.M. Rosenthal of the New York Times. Tragically, this
- position is also taken by certain, although by no means all, politicians from
- the African- American community such as Rev. Jesse Jackson and Rep. Charles
- Rangle (Dem.-New York). The tragedy is that the "collateral damage" from the
- Drug War inevitably hits hardest in the minority communities.
-
- Arnold S. Trebach, President of the Washington D.C.-based Drug Policy
- Foundation, responded recently to Rosenthal's cry of genocide by pointing out
- the virtual state of siege imposed on many inner-city communities as a result
- of the Drug War. "The constant intimidation by drug dealers and the constant
- suspicion by police of innocent, law abiding community residents has been an
- unavoidable outgrowth of the drug war." Because these communities bear the
- brunt of the misguided War On Drugs, they also stand to benefit the most from a
- more rational, health-care oriented approach to the problem of addiction.
-
- Recent studies have demonstrated that, while drug use is spread among all
- socio-economic groups, law enforcement efforts are aimed primarily at drug use
- among minorities and the poor. Marc Mauer, assistant director of the
- Sentencing Project, a criminal justice research group, summed it up: "We treat
- middle-class drug use as a public health problem, we generally treat
- lower-class drug use as a criminal justice problem." It is time we stop
- pretending the criminal justice system can solve the nation's drug problem. It
- is time we treat all drug use as a public health problem.
-
- (Steven Meinrath is an attorney in Sacramento, California)
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