When fascism comes to America it will be wrapped in a flag and carrying a cross gun.
- Sinclair Lewis
Should we have the "drug war" in the U.S.?No.
Should drug use and/or (two separate crimes) trafficking be a crime?Neither should be a crime. If anything, drug use should be regulated like regular commerce.
U.S. drug laws are wrong as a constitutional matter and as a libertarian/liberal matter. I think any elected federal official brave enough to challenge and lucky enough to overturn federal drug laws would need to watch their back. Invalidating statutory law like the 1970 Controlled Substance Act and leaving it to individual states to legalize or illegalize drug use would slash premiums associated with the risk of importing illegal drugs. Users would no longer pay the same amount for legally accessible goods, cutting into profits illicit suppliers enjoy.
As a matter of welfare, which
Ted brought up, federal and local governments already subsidize prevention programs and medical care associated with legal vices. One of the recipients is my father, whose recent gall bladder removal surgery was covered by Medicare. If you want to make a fiscal libertarian argument against legalizing drugs you have to advance the argument in every circumstance. The fiscal "wrongness" of legalizing drugs has nothing to do with your objection if you countenance assistance covering legal behavior. The feds spend around
12 billion a year (.pdf) on drug prevention and enforcement.
Idiot supporters of congressman Tancredo's border fence idea could see their wall in 4 ½ years if these programs are discontinued and funds diverted to border security.
Law enforcement aggressively targets users and small time traffickers. Drug laws disproportionately affect minorities, especially blacks. According to both the
Sentencing Project (.pdf) and the
Bureau of Prisons, half of all federal prisoners are drug offenders. According to the Sentencing Project, only 1 in 10 of all inmates commit a violent crime and racial minorities make up the bulk of the inmate population, with blacks representing the largest group.
Perhaps the story of a small town in Texas presents the perfect example of out of control enforcement. For cash-strapped counties facing federal budget cuts since Contract With America, the federal
Byrne grant program, which provides for costs associated with prosecuting but not defending accused drug offenders, is too tempting an opportunity to pursue normal enforcement that would not allow, let alone convict defendants, on the basis of uncorroborated testimony. Due process rights are subordinate to Byrne "performance benchmarks":
QUOTE(Drug Policy Alliance)
A 2002 report by the ACLU of Texas identified seventeen scandals involving Byrne-funded anti-drug task forces in Texas, including cases of falsifying government records, witness tampering, fabricating evidence, false imprisonment, stealing drugs from evidence lockers, selling drugs to children, large-scale racial profiling, sexual harassment, and other abuses of official capacity. Recent scandals in other states include the misuse of millions of dollars in federal grant money in Kentucky and Massachusetts, false convictions based on police perjury in Missouri, and making deals with drug offenders to drop or lower their charges in exchange for money or vehicles in Alabama, Arkansas, Georgia, Massachusetts, New York, Ohio, and Wisconsin.
Four leading conservative groups have issued a sign-on letter urging Congress to support President Bush's proposal to completely eliminate the Byrne grant program, because the program "has proved to be an ineffective and inefficient use of resources". (American Conservative Union, Americans for Tax Reform, Citizens against Government Waste, and National Taxpayers Union).
Numerous criminal justice reform and civil rights groups have issued a sign-on letter urging Congress to overhaul the program because it has "done more harm than good", including the National Black Police Association, ACLU, Brennan Center for Justice, Justice Policy Institute, League of United Latin American Citizens (LULAC), Open Society Policy Center and the Drug Policy Alliance Network.
Byrne-related scandals have grown so prolific that the Texas legislature recently passed several reforms in response to them, including outlawing racial profiling and changing Texas law to prohibit people from being convicted of drug offenses based solely on the word of an undercover informant. The Criminal Jurisprudence Committee of the Texas House of Representatives issued a report last year recommending all of the state's federally funded anti-drug task forces be abolished because they are inherently prone to corruption. The Committee reported, "Continuing to sanction task force operations as stand-alone law enforcement entities - with widespread authority to operate at will across multiple jurisdictional lines - should not continue. The current approach violates practically every sound principle of police oversight and accountability applicable to narcotics interdiction."
For more on Tulia and the Byrne grant, click
here and
here.
As a matter of abuse affecting people of all color/ethnic background, the CATO institute has a drug- and no-knock warrant-related
raid map covering the United States. The raid map describes paramilitary tactics like giving the accused reaching for their gun a dirt nap after breaking into their homes in the middle of the night, launching stun grenades into rooms and administratively circumventing the need to get warrants. One of the most shocking examples of abuse of power between corroborating federal agencies comes from the following story in Malibu, California:
QUOTE(CATO)
In an early morning drug raid on October 2, 1992, 31 officers from five police agencies break down the door to the multimillion dollar home of Donald Scott. Frightened, Scott's wife screams, "Don't shoot me. Don't kill me." Hearing his wife's screams, Scott emerges from his bedroom holding a handgun, still groggy from a recent cataract operation. When Scott raises the gun in the direction of the police intruders, the raiding officers shoot him dead.
Despite assurances from the L.A. Sheriff's Department that Scott was farming more than 4,000 marijuana plants on his property, thorough search of Scott's property fails to yield any contraband. In fact, Scott's friends would later say he was adamantly opposed to illicit drugs. Though Scott's grand Malibu ranch is in Ventura County, California, no Ventura police agency was represented among the five police agencies (the L.A. Sheriff's office, the Drug Enforcement Administration, the Border Patrol, the National Guard and the National Park Service) that conducted the raid. A blistering subsequent investigation by Ventura County district attorney Michael Bradbury suggests why.
Bradbury found gross misstatements of fact, omissions, and outright falsehoods in the application for a search warrant issued by the L.A. sheriff's department. He found that the department had conducted numerous investigations of the ranch, including flyovers and firsthand visits, which found no evidence of marijuana cultivation. Finally, during a low-level flyover one DEA agent suggested to the sheriff's department that he had spotted some plants beneath tree cover that might be marijuana — but stipulated that his observation ought not be the basis of a search warrant. On that evidence, the L.A. sheriff's department obtained its warrant.
Bradbury concluded that, confirming Donald Scott's fears, the L.A. sheriff's department conducted its raid for the purpose of seizing Donald Scott's property through drug asset forfeiture laws. Under federal law, the department would have been able divvy up proceeds from the $2.5 million ranch with the four other agencies joining in the investigation. Bradbury found documents in which the investigating agencies had expressed desire for Scott's land on various "wish lists," and one notation in which sheriff's department officials had taken note of the recent sale value of one parcel of Scott's land. According to an L.A. deputy district attorney at the time, two of the agents conducting the raid posed for a triumphant photograph after Scott was shot and killed.
In January 2000, the L.A. Sheriff's Department settled with Scott's family for $5 million, though the terms of the settlement admitted no wrongdoing. In fact, officers from the department who conducted the raid have insisted from the beginning that both the raid and the shooting of Scott were justified, despite the absence of any illegal substances. L.A. Sheriff's Department Captain Larry Waldie told the Los Angeles Times, "I do not believe it was an illegal raid in any way, shape or form." Five years after the raid, Garry Spencer, the officer who both led the raid and who killed Scott told the same paper, "I don't consider it botched. I wouldn't call it botched because that would say that it was a mistake to have gone there in the first place, and I don't believe that."