Time to end the war on drugs?
posted at 12:20 pm on December 5, 2008 by Ed Morrissey
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Seventy-five years ago today, the nation amended the Constitution to end Prohibition after a disastrous experiment in banning alcohol. Ethan Nadelmann uses the event to ask Americans whether the time has come to end its decades-long experiment in banning other drugs and allow citizens to make their own decisions on intoxicants. The appearance of this column at the Wall Street Journal shows how mainstream it has become to question the war on drugs:
The Americans who voted in 1933 to repeal prohibition differed greatly in their reasons for overturning the system. But almost all agreed that the evils of failed suppression far outweighed the evils of alcohol consumption.
The change from just 15 years earlier, when most Americans saw alcohol as the root of the problem and voted to ban it, was dramatic. Prohibition’s failure to create an Alcohol Free Society sank in quickly. Booze flowed as readily as before, but now it was illicit, filling criminal coffers at taxpayer expense.
Some opponents of prohibition pointed to Al Capone and increasing crime, violence and corruption. Others were troubled by the labeling of tens of millions of Americans as criminals, overflowing prisons, and the consequent broadening of disrespect for the law. Americans were disquieted by dangerous expansions of federal police powers, encroachments on individual liberties, increasing government expenditure devoted to enforcing the prohibition laws, and the billions in forgone tax revenues. And still others were disturbed by the specter of so many citizens blinded, paralyzed and killed by poisonous moonshine and industrial alcohol.
Supporters of prohibition blamed the consumers, and some went so far as to argue that those who violated the laws deserved whatever ills befell them. But by 1933, most Americans blamed prohibition itself.
When repeal came, it was not just with the support of those with a taste for alcohol, but also those who disliked and even hated it but could no longer ignore the dreadful consequences of a failed prohibition. They saw what most Americans still fail to see today: That a failed drug prohibition can cause greater harm than the drug it was intended to banish.
Do most Americans fail to see that? I’m not sure, and the fact that the question has become mainstream speaks to a dawning realization of that reality. Thirty years ago, talk of legalization remained on the fringe of American politics, mostly among drug users (with obvious interests in that direction) and libertarians. Reason Magazine would have been the most mainstream publication in those years to even make the argument, and perhaps the Village Voice. Otherwise, the thought of legalizing recreational drugs was thought politically insane.
No one doubts the destructive nature of most of the substances banned now, except for marijuana, where serious debate exists. Cocaine and heroin are deeply and physically addictive and deadly, as are most controlled or banned substances. But should people be left to their own devices and government stay out of the way of their behavior, only intervening when their behavior affects others? Where would that line get drawn, anyway?
Clearly, what we have been doing hasn’t worked. At the margins, it impacts behavior, but overall, Americans still create a huge demand that gets fulfilled by criminal enterprises. That is no different than what Prohibition created, and the effects have been the same: rampant violence, large wealth transfers to organized crime, dilution of law-enforcement efforts, exploding prison populations, and so on.
One definition of insanity is doing the same thing over and over again and expecting a different result. Under that definition, the American idea of a war on drugs is as politically insane as it gets. Succeeding administrations and Congresses led by both parties keep assuring us that they will turn the corner on the war on drugs, but nothing changes except for the names and the faces. We have enabled a powerful central government and organized crime to limit our freedoms in every direction as a result of this policy. We could at least roll back both by returning to the more rational policy on drugs that the US had before prohibition fever hit a century ago.
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GBear,
If it’s a state or local matter, how do they deal with interstate or international trafficking organizations effectively? That’s why we need a federal agency that has offices in every state and in DEA’s case over 60 countries.
State and local police have jurisdiction borders. Drug cartels don’t.
gary fouse on December 6, 2008 at 7:51 PM
Pot smokers are the last large demographic group in America it is still OK to discriminate against without fear of reprisal or challenge.
We can’t defend ourselves because it largely requires admission of use. So just go on believing we’re all represented by the out of work, dread lock wearing, child neglecting, grandma muggers.
You’ll get no argument from me.
Buck Turgidson on December 6, 2008 at 8:27 PM
Or kids who steal their parent’s money. Kids who go part schizoid after just a few joints. Kids who forget everything else but that next high. Yah, you’ll get no argument from me, ‘cuz I’ve been there with my own son, with zero units complete and two years of college down the drain, with his tuition, board, and fees collateral damage to the weed.
Don’t get near my kid. Just don’t. And that’s a friendly warning.
I’m betting you are one of those losers who goes back to his parents for money every once in a while pretending an upstanding life, or sells his body down on main street for some scratch, like the other kids in my son’s (ex) social circle whose parents are still dumb.
No thanks, again. I love the War on Drugs, and hope those laboratories cooking up coca and cannabis-killing viruses get some that work.
unclesmrgol on December 6, 2008 at 10:49 PM
Had the Americans’ rulers scorched Colombia’s earth in the 1980s, it seems we wouldn’t be having this discussion now. Really, I think you may be too weak to save.
Kralizec on December 6, 2008 at 11:40 PM
echosyst on December 6, 2008 at 1:32 PM
Sure I have.
Don’t be ridiculous. There are literally thousands of controlled substances in this country. Kids under 18 can’t buy spray paint in the local hardware store. They can’t buy cold medicine that is sold OTC. And of course – alcohol.
Pay attention to the other arguments if you want to have a serious discussion.
Why would you compare marijuana used for recreational purposes to pharmaceutical medicine? Is Budweiser a pharmaceutical medicine? Again – stay on topic.
Not sure if use would go up dramatically, but I suspect not. But I really don’t care – that’s the point. It’s not the state’s right to decide if I want to smoke a joint, imo. There seems to be a lot of alcohol use going on, too – why aren’t you advocating prohibition? Alcohol is really bad for a lot of people you know!
As for your economic analysis, seriously dude. You think marijuana growers would be “undercut” on price by narco-terrorists who sell it for $100 an ounce? It grows on 15 foot tall stalks anywhere you throw the seeds. Growers would sell pot for $1 an ounce and make money. My goodness.
No, heavens, no! Certainly the Walgreens down on the corner would never want to be “stigmatized” by making money selling bags of pot, along with the unfiltered cigarettes, tobacco, pipes, rolling papers, half pints of Old Grandad and Smirnoff and Bacardi 151 that they currently sell. What would people think!
Pointless.
Right. Ever hear of AA? NarAnon? Back to the post – the argument is whether the state should play nanny for everyone and try to shield them from every harm. You want to jump off a cliff? It’s illegal, but no one can stop you. You want to drink and drive? You can, if you want. Lots of people die that way.
So are you advocating a prohibition on the sale and consumption of alcohol? If not, why not?
Jaibones on December 7, 2008 at 12:45 AM
First, if Grandma is accosted, I hope she’s CCLed.
Second, there are a number of alchoholics who have rendered themselves unemployable, and likely living on the street.
A wino can feed his jones by panhandling a few bucks in a day. Because the price of his intoxicant in cheap.
Whereas you’re average crackhead may need hundreds of dollars a day to feed his jones. Because the price of his intoxicant has been artificially inflated.
While the panhandling wino is a nuisance. (in MOST cases)
It’s much better that the methods the crackheads will use.
Now, I’m defending a principle, not the crackhead.
I wish they’d all smoke crack & die.
soundingboard on December 7, 2008 at 5:43 AM
When it comes to alcohol comparisons you’re preaching to the choir. Most drinkers don’t see (or want to see) the problems they cause within their own family or marriage.
I’ve smoked weed on many occassions and I was a problem drinker for most of my younger life. I never embraced religion but I did quit recreational drugs of all kinds and I’m still happy that I did. My point is…. what’s the point. Why do you pot heads and drunks feel the need for a steady diet of chemically induced highs. Is reality too challenging, too boring? Is sex so nongratifying? If you think so, you’re wrong on all counts (or with the wrong person).
I know we all must transit our own jungles, but don’t expect me to agree to makeing ANY drugs easier and cheaper to obtain (including alcohol).
Good luck, but I think I’m on the winning side of this argument.
Ernest on December 7, 2008 at 12:11 PM
I used to comment here quite a bit. I moved on due to the agravation of putting up with people like this. Personal attacks and threats of violence are a poor excuse for discussion. Take your “friendly warning” and shove it up your ass.
Buck Turgidson on December 7, 2008 at 1:32 PM
That is a ridiculous assertion. Maybe if you were more honest with your son he would not have ended up being such a loser — stealing, hanging out with prostitutes, etc. All families have their struggles but your personal anecdote has little to do with marijuana. It sounds like you stood by him while he smoked half of his brain away. What’s up with that?
Pot has horrible influences on some people because it kills their motivation and sense of responsibility. But those who fall into that trap usually have bigger issues than smoking. For others it’s a non-issue.
Alcohol and alcoholics are a massive threat to society. Yet the importance of personal freedom outweighs their deleterious impact. I’m a
frugalmiserly so I have no urge to smoke away my kids’ inheritance. But I think that personal sovereignty should extend to personal consumption. If you want smoke and have your breath smell like ass, that should be your right.Pot should be legal, regulated and taxed.
The Race Card on December 7, 2008 at 6:02 PM
Support the Mafia, keep Drugs Illegal
You either make a chemical issue a medical or a police matter.
This choice determines the violence of the response.
Not many sleep aid or male enhancement drug thugs terrorizing people…
profitsbeard on December 7, 2008 at 9:21 PM
Nah, its time to air drop millions of keys on countries who aren’t exactly coproductive in the war on drugs.
Speakup on December 7, 2008 at 10:55 PM
I’ve read all of the posts here, and I hope I’m not too late to the conversation. I’m a conservative, I believe in very limited government, and I’m against legalization.
However, I have an open mind. I’m willing to be convinced. I’ve heard all of Buckley’s arguments, a number of libertarian friends’ arguments, and while I’m still opposed, I feel that I can be persuaded by sensible ideas.
First off, I completely disagree with throwing around the “Nanny-Stater” label. Conservatives are not anarchists. We believe in limited government, not no government. Laws are essential in a civilized society to prevent chaos, and while I believe government intervention should be limited, I feel that the repercussions of rampant use of narcotics would have such an adverse impact on our society we must be permitted to exercise some unfortunate control over this aspect of personal freedoms. Sorry.
Second, I believe, as has been articulated above, that the biggest problem with legalization is that the devil is in the details.
What gets legalized? Everything? If you simply legalize pot, you’ve done nothing to get at the root of the problem at all. Would you legalize pot and cocaine? Pot and cocaine and meth? Pot and cocaine and meth and heroin? Is there a line, or is everything available at market prices?
So let’s assume the above scenario: Everything’s available, market dictates price. Price will probably drop drastically, which is one of the main proposals for legalization–to take the financial incentive out of the drug trade. However, does it really? What products have a drastic decrease in price, coupled with a drastic increase in availability, but not a corresponding increase in consumption? I think it’s silly to assume we have hit some sort of ceiling in terms of consumption of these products, especially given this scenario.
So if the consumption increases, how are the drug cartels being hurt? The drug cartels go from being Macy’s to Walmart, but are still making money hand over fist, with lowered prices but higher consumption. If I’m wrong, please tell me, but this seems to be a plausible scenario.
Another problem to consider is that people who use typically use because they like being high. And a lot of times the high from one drug isn’t good enough after a while, so they progress to another.
We can’t claim that there is any way to keep some handle on how this will spiral out of control. The cartels will still be providing the cheapest, or most potent, product on the market. They will still be using cut-rate ingredients and the most dangerous recipes, to create their drugs.
So– we’re taxing these prodcuts. Do we tax everything? From pot to coke to rock to crank? No matter how dangerous it is or how addictive or how many people it’s killing?
If we tax these products to hell, and regulate them, as has been proposed here, do you really think we can still compete with the prices and potency of the cartels? How are they magically driven out of business?
I’m willing to reconsider my positions, but all I’ve been hearing here is the answer, “Make it legal and tax it and regulate it!”
You’ll end up either working hand-in-hand with the cartels, or competing against them, and neither option is a winning scenario for this country.
Someone please enlighten me.
12thMonkey on December 8, 2008 at 4:03 AM
One recurring theme with the discussion of “drugs” is how absolutely binary some insist on making it, when the subject is anything but. They’re also usually the folks that uncritically lump cannabis in with other banned and regulated substances. While they may in some slight sense grasp the hypocritical irony of a society that accommodates, even promotes, the consumption of ‘acceptable’ substances, they’re usually also a lot of the same folks keeping the Carrie Nations/Henry Waxman “I’ll tell you what’s good for you cause I know best” prohibitionist spirit alive and kicking (others in the arse on every occasion possible).
It’d be nice to take the money trick aspect off the table. Oh, here’s a news flash – there’s going to be really, really big numbers involved, either way you go – legal or illegal. Discussing, however, cannabis, and making such patently ignorant statements about how legalization will simply enrich those currently enjoying the results of the revenue stream being generated miss the point that the commercial landscape following legalization would probably more closely resemble the current model for alcohol and cigarettes, with home growers being analogous to home brewers of beer.
If you’d like to see an actual documentary on cannabis-biz as it’s actually occurring today, check out this Canadian production. You may be disappointed in a few aspects, though – there’s no steamy jungles, or Spanish, or clandestine boats or planes (well, ok, in one quick segment). It does give you the idea, however, that the ‘drug kingpin’ sterotype a lot of people run around with in their heads is a bit off, actually being a lot closer to George and Mabel three houses over than to Al Pacino as ‘Scarface’.
The completely distorted concept of the cash flow isn’t the only thing in the prohibitionist basket of red herrings – possibly the biggest is the unwarranted conflation of cannabis with other, truly dangerous and harmful substances, paired with the hysterical and fright inducing claim that the demon weed is an iron clad, guaranteed, one-way greased skid ride straight to hard core drug use, destined to play out an endgame in a refrigerator box under a freeway overpass somewhere. Ah….no. It’s more likely that a certain percentage of society will turn out to be so irresponsible, so self-destructive, so pre-disposed to take such a life trajectory that they’re going to do so by any means possible, despite any attempts to deter them, wether there had ever been a cannabis plant on the face of this planet or not, if the Indians had never noticed the stimulating properties of tobacco, or if Og hadn’t played a trick on Ug with some fermented fruit juice, only to find Ug kinda liked it. . .and turned out Og did too. Using that line of logic, that something should be banned for everybody because of ‘bad side effects’, then when does Ice Cream make the list? It makes people fat, doesn’t it? And that leads to all sorts of other health problems, with their attendant costs, doesn’t it? People don’t really ‘need’ to have it, do they?
Well, actually, no, they don’t. Then they don’t ‘need’ to have the luxury of a bowl or two to enjoy, either! And funny thing, they actually don’t – because unlike every other substance being discussed, pot is the only non-addictive one. Psychologically, yes, to a small degree, on the order of ‘yeah, I’d like to do that again’ – but not on a physical level, resulting in the cravings experienced by addicts, even of nicotine or alcohol, not to mention other, more dangerous substances.
But, but, you don’t expect me to sit still and let a pothead fly the plane I’m about to get on, or put my kid on a bus with a stoner bus driver! Not any more than I’d expect you to get on a plane with a drunk (or hung over) pilot or put your kid on a bus with an alcohol intoxicated operator. Throwing out lines of text from the criminal code is not synonymous with throwing common sense out of the window. Society already requires that people in positions of additional responsibility are themselves responsible with their personal conduct, and the legalization of marijuana would do absolutely nothing to change that. Personally, I’d rather fly (or ride) with someone completely ’straight edge’ – but I’d most certainly prefer to get on a plane at 8 am with a couple of pilots that shared a joint the night before at 10pm, then got a good night’s sleep, than two bozos that hit the hotel bar for ‘a few beers’, and were both in bed by 10. But that’s just me.
Still, the slippery slope doesn’t really apply, because it’s only really the prohibitionists that I hear discussing things as an ‘all or nothing’ approach. I have yet to come across anything other than the ‘ideologically pure’ libertarian position of anything and everything being legal, with the individual being the only one responsible for their actions, advocating the legalization of things such as cocaine and its derivatives, opium, and its derivatives, and meth-amphetamines, and its equivalents. Little L libertarian test: Q – Should heroin be sold from vending machines like bubble gum? A – only if the vending machines are privately owned. Otherwise, people advocating the legalization of Cannabis generally are only talking about Cannabis. Just Cannabis. And sometimes the response of bringing up other drugs reminds me of what it would be like to go up and talk to someone about house paint, and suddenly find them enraged that I suggested he do unnatural things with his pet collie or something.
Wind Rider on December 8, 2008 at 9:06 AM
We’ve never heard of elasticity of demand, have we?
CTD on December 8, 2008 at 10:18 AM
Yes, thank you, I have.
So instead of taking the opportunity to make a real point, you pluck one sentence and make yourself look snarky. Good job.
Obviously, the demand for these drugs are high despite what may be a prohibitive price to many–a price that includes destroying their families and their lives.
So your position is that in this case, making all drugs available anywhere at readily achievable dollar amounts is not going to increase consumption? Why? Do you really think we’ve maxed out the number of people willing to destroy their lives for a cheap hit?
I’m happy to hear your point, if you have something to say that extends beyond ten words.
12thMonkey on December 8, 2008 at 1:26 PM
Wind Rider on December 8, 2008 at 9:06 AM
Unfortunately, one of the things that happens in discussions like this is that the one-trick-ponies of pot legalization come out in droves. The entirety of this post is all about one thing– make my pot legal.
Y’know what? I don’t really care if your pot is legal. Grab your bong and suck your brains out.
There are bigger fish to fry here than whether or not you can crash on your sofa and get stoned. Ed suggested that the War on Drugs has failed, and the only thing you’re worried about is being able to feel okay heading out and buying your weed.
How do you feel about legalization across the board? Stopping enforcement… period. That’s the point here, in case you didn’t catch that.
12thMonkey on December 8, 2008 at 1:38 PM
Third post in a row. Sorry, but I find this topic fascinating.
Help me out on this, now.
I’m throwing a party. I want to have something good for my boys to party with. In our world where the War on Drugs has been acknowledged as a failure, how do we see this happening?
I no longer have to go to my friend’s friend’s who knows someone… right? Because we don’t want to drive this underground. It’s all above table, now.
So… I go to the drug store? The corner newspaper stand?
Is this all heavily regulated? Do I need to file forms in triplicate and submit them two months in advance? Do I need to have a doctor’s prescription to party? Or can I just go to Walgreens and check out what’s what behind the counter?
I’m being perfectly serious. If the War on Drugs is over, I think it’s time to start discussing what life is like afterwards.
Are there any real ideas here among the legalization crowd, or are we just too happy to get our weed to think about the rest of it?
12thMonkey on December 8, 2008 at 2:01 PM
Rediculous assertion? My anecdote has everything to do with MJ. That was my son’s drug. Some of his friends went on to cocaine — and I’m thankful he didn’t. As for being truthful, I was being truthful and he wasn’t being truthful.
You, sir, are a total and complete idiot. An ass. Someone who hasn’t had his kid stone himself completely out of life.
You are, however, absolutely right, I didn’t know what he was doing — all my wife and I knew was that the kid needed help and was refusing it. We have a history on both sides of the family of substance abuse, and my son was well aware of it — in fact, when he was younger, he’d successfully intervened with his alcoholic grandfather. Nothing was ever found at home. No drug paraphenalia, nothing. It wasn’t until college when I broke into his myspace and facebook areas that I found all the photos of all the high school and college hijinks. By the way, he has asthma, and we were taking him to the hospital once a month for a couple of hours on the nebulizer. We cleaned the house from top to bottom (including his room) trying to eliminate dust. But it wasn’t dust — it was something worse.
So you can take your crap about bad parenting and shove it where the sun don’t shine. More than one professional has told us we did everything right and my son did one really big thing wrong.
You are welcome to wish drugs on your kids, but I’m going to fight to keep them away from the rest.
unclesmrgol on December 9, 2008 at 2:05 AM
Buck, may you endure what I endured. There. I’ve said it.
unclesmrgol on December 9, 2008 at 2:08 AM
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