Undercover Baltimore police officer Dante Arthur was doing what he does well, arresting drug dealers, when he approached a group in January. What he didn't know was that one of suspects knew from a previous arrest that Arthur was police. Arthur was shot twice in the face. In the gunfight that ensued, Arthur's partner returned fire and shot one of the suspects, three of whom were later arrested.
In many ways, Dante Arthur was lucky. He lived. Nationwide, a police officer dies on duty nearly every other day. Too often a flag-draped casket is followed by miles of flashing red and blue lights. Even more officers are shot and wounded, too many fighting the war on drugs. The prohibition on drugs leads to unregulated, and often violent, public drug dealing. Perhaps counterintuitively, better police training and bigger guns are not the answer.
When it makes sense to deal drugs in public, a neighborhood becomes home to drug violence. For a low-level drug dealer, working the street means more money and fewer economic risks. If police come, and they will, some young kid will be left holding the bag while the dealer walks around the block. But if the dealer sells inside, one raid, by either police or robbers, can put him out of business for good. Only those virtually immune from arrests (much less imprisonment) -- college students, the wealthy and those who never buy or sell from strangers -- can deal indoors.
Six years ago one of us wrote a column on this page, "Victims of the War on Drugs." It discussed violence, poor community relations, overly aggressive policing and riots. It failed to mention one important harm: the drug war's clear and present danger toward men and women in blue.
Drug users generally aren't violent. Most simply want to be left alone to enjoy their high. It's the corner slinger who terrifies neighbors and invites rivals to attack. Public drug dealing creates an environment where disputes about money or respect are settled with guns.
In high-crime areas, police spend much of their time answering drug-related calls for service, clearing dealers off corners, responding to shootings and homicides, and making lots of drug-related arrests.
One of us (Franklin) was the commanding officer at the police academy when Arthur (as well as Moskos) graduated. We all learned similar lessons. Police officers are taught about the evils of the drug trade and given the knowledge and tools to inflict as much damage as possible upon the people who constitute the drug community. Policymakers tell us to fight this unwinnable war.
Only after years of witnessing the ineffectiveness of drug policies -- and the disproportionate impact the drug war has on young black men -- have we and other police officers begun to question the system.
Cities and states license beer and tobacco sellers to control where, when and to whom drugs are sold. Ending Prohibition saved lives because it took gangsters out of the game. Regulated alcohol doesn't work perfectly, but it works well enough. Prescription drugs are regulated, and while there is a huge problem with abuse, at least a system of distribution involving doctors and pharmacists works without violence and high-volume incarceration. Regulating drugs would work similarly: not a cure-all, but a vast improvement on the status quo.
Legalization would not create a drug free-for-all. In fact, regulation reins in the mess we already have. If prohibition decreased drug use and drug arrests acted as a deterrent, America would not lead the world in illegal drug use and incarceration for drug crimes.
Drug manufacturing and distribution is too dangerous to remain in the hands of unregulated criminals. Drug distribution needs to be the combined responsibility of doctors, the government, and a legal and regulated free market. This simple step would quickly eliminate the greatest threat of violence: street-corner drug dealing.
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/16/AR2009081601758.html
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Debaters debate the two wars as if Nixon’s civil war on Woodstock Nation didn’t yet run amok. One needn’t travel to China to find indigenous cultures lacking human rights or to Cuba for political prisoners. America leads the world in percentile behind bars, thanks to ongoing persecution of hippies, radicals, and non-whites under banner of the war on drugs. If we’re all about spreading liberty abroad, then why mix the message at home? Peace on the home front would enhance credibility.
The drug czar’s Rx for prison fodder costs dearly, as lives are flushed down expensive tubes. My shaman’s second opinion is that psychoactive plants are God’s gift. In God’s eyes, it’s all good (Gen.1:12). The administration claims it wants to reduce demand for cartel product, but extraditing Canadian seed vendor Marc Emery increases demand. Mr. Emery enables American farmers to steal cartel customers with superior domestic product.
The constitutionality of the CSA (Controlled Substances Act of 1970) derives from an interstate commerce clause. This clause is invoked to finance organized crime, endanger homeland security, and throw good money after bad. Official policy is to eradicate, not tax, the number-one cash crop in the land. America rejected prohibition, but it’s back. Apparently, SWAT teams don’t need no stinking amendment.
Nixon promised the Schafer Commission would support the criminalization of his enemies, but it didn’t. No matter, the witch-hunt was on. No amendments can assure due process under an anti-science law without due process itself. Psychology hailed the breakthrough potential of LSD, until the CSA halted all research. Marijuana has no medical use, period.
The RFRA (Religious Freedom Restoration Act of 1993) allows Native American Church members to eat peyote, which functions like LSD. Americans shouldn’t need a specific church membership to obtain their birthright freedom of religion. Denial of entheogen sacrament to any American, for mediation of communion with his or her maker, precludes the free exercise of religious liberty.
Freedom of speech presupposes freedom of thought. The Constitution doesn’t enumerate any governmental power to embargo diverse states of mind. How and when did government usurp this power to coerce conformity? The Mayflower sailed to escape coerced conformity. Legislators who would limit cognitive liberty lack jurisdiction.
Common-law must hold that adults own their bodies. The Founding Fathers decreed that the right to the pursuit of happiness is inalienable. Socrates said to know your self. Lawmakers should not presume to thwart the intelligent design that molecular keys unlock spiritual doors. Persons who appreciate their own free choice of path in life should tolerate seekers’ self-exploration.
Simple majorities in each house could put repeal of the CSA on the president’s desk. The books have ample law on them without the CSA. The usual caveats remain in effect. You are liable for damages when you screw up. Strong medicine requires prescription. Employees can be fired for poor job performance. No harm, no foul; and no excuse, either. Replace the war on drugs with a frugal, constitutional, science-based drugs policy.
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