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Drug War: What Prohibition Costs Us

Drug prohibitionists like former White House drug czar staffer Kevin A. Sabet seem to be in a panic over Ken Burns’ PBS documentary broadcast “Prohibition” because of its clear and convincing parallel to today’s equally disastrous war on drugs. The earlier experiment lasted less than 14 years, but today’s failed prohibition was declared by President Nixon 40 years ago and has cost our country more than $1 trillion  in cash and much more in immeasurable social harm.

As a student of history and a retired deputy chief of police with the Los Angeles Police Department, I can attest that the damage that came from the prohibition of alcohol pales in comparison to the harm wrought by drug prohibition. In the last 40 years drug money has fueled the growth of violent street gangs in Los Angeles, from two (Bloods and Crips) with a membership of less than 50 people before the drug war to 20,000 gangs with a membership of about 1 million across the U.S., according to the U.S. Department of Justice.

These gangs serve as the distributors, collection agents and enforcers for the Mexican cartels that the Justice Department says occupy more than 1,000 U.S. cities. Sabet, a former advisor to the White House drug policy advisor, ignores these prohibition-created harms, making no mention of the nearly 50,000 people killed in Mexico over the last five years as cartels have battled it out to control drug routes, territories and enforce collections. When one cartel leader is arrested or killed, it makes no impact on the drug trade and only serves to create more violence, as lower-level traffickers fight for the newly open top spot.

U.S. law enforcement officials report that as much as 70% of cartel profits come from marijuana alone.  There’s no question that ending today’s prohibition on drugs — starting with marijuana — would do more to hurt the cartels than any level of law enforcement skill or dedication ever can.

Worse than being ineffective, though, the war on drugs creates dangerous distractions for police officers who would rather focus on improving public safety. For example, the LAPD announced this week that it will take 150 police officers off the streets to accommodate the state’s shuffling of prisoners to the county level. The state must do this to comply with the U.S. Supreme Court’s order to cut our drug-war-induced overcrowded prison population by 30,000 — and our state has already laid off thousands of teachers thanks in part to funding diverted to building more prisons and hiring more guards.

This follows on the heels of another reallocation of police resources in Los Angeles when the LAPD and the L.A. Sheriff’s Department woke up to a three-year backlog of rape kits. Police labs have only a finite amount of resources, and drug testing often takes priority over other cases that demand attention. Detectives (and victims) waiting for lab results related to rape and other serious crimes stood in line for months while tests for custody-related possession of pot and other drugs took precedence.

There’s no doubt that the violence, the growth of cartels and gangs, the overpopulation of our prisons and the squandering of our police resources would not occur if we eliminated illegal drug profits and implemented a non-criminal approach to regulating drugs. We did this once with alcohol, and there’s no reason we can’t do it with other drugs today. 

– Stephen Downing

Former Seattle U.S. Attorney Pushes Marijuana Legalization

SEATTLE (AP) — A man who once served as the Justice Department’s top official in Seattle said Tuesday that he is sponsoring an initiative to legalize possession of up to an ounce of dried marijuana in Washington state, a measure he hopes will help “shame Congress” into ending pot prohibition.

John McKay spent five years enforcing federal drug laws as the U.S. attorney in Seattle before he was fired by the Bush administration in early 2007. He told The Associated Press on Tuesday that laws criminalizing marijuana are wrongheaded because they create an enormous black market exploited by international cartels and crime rings.

“That’s what drives my concern: The black market fuels the cartels, and that’s what allows them to buy the guns they use to kill people,” McKay said. “A lot of Americans smoke pot and they’re willing to pay for it. I think prohibition is a dumb policy, and there are a lot of line federal prosecutors who share the view that the policy is suspect.”

High Finance and Corporate Pot California Style

SAN FRANCISCO — Jeff Wilcox, a middle-aged, clean-cut man who dresses in the Bay Area casual business attire of clean jeans, collared shirt and running shoes, may be the face of Marijuana, Inc, the corporatization of cannabis.

He has just persuaded Oakland to legalize industrial-sized marijuana farms, touting a study that promised millions in city taxes and hundreds of high-paying union jobs.

The long-struggling city, which has failed spectacularly to capitalize on the high-tech boom, could be the Silicon Valley of pot, Wilcox told the City Council this week before its historic vote to grant four permits for urban, industrial-size marijuana farms.

But as Wilcox points out, his business model — a nonprofit — will be less Google or Apple and more Trader Joe’s, a California cut rate gourmet grocery chain. The store’s best-known product is $2 per bottle Charles Shaw wine, known affectionately as Two Buck Chuck and considered a great glass of wine for the price.

“The new Two Buck Chuck will be $40 an ounce pot,” Wilcox said in an interview, looking forward to a day of full legalization. Boutique growers could produce the high-end stuff in their “gardens,” he explained, while he supplied the masses with a clean, controlled, great-value product.

If California legalizes marijuana, the rest of the nation may well follow. One way or the other, cut rate, highly potent California weed is unlikely to stop at the state’s borders.

The U.S. state that first allowed sales of medicinal marijuana, in 1996, may take away all restrictions on adult use of the drug in a November vote, giving local governments the option to regulate sales and growing of marijuana.

Medical Marijuana and Job Loss

(CNN) — When a rare form of cancer invaded Joseph Casias’ nasal cavity and his brain, his doctor prescribed marijuana to help alleviate the daily pain.

Casias lives in Michigan, where medical marijuana is legal.

But his employer, Wal-Mart, the nation’s largest retailer, fired him in November 2009 after he failed a drug test.

Casias, 29, says he never came to work high. He’s got a medical marijuana card to prove he’s allowed to smoke legally in the state.

“I was angry they did this to me because I always tried my best,” said Casias, who was employed at Wal-Mart for five years. He earned an Associate of the Year award in 2008. “I want my job back. I thought I was part of the Wal-Mart family.”

To date, 14 states have laws allowing the use of medical marijuana, which shield legal users from criminalization but don’t protect them from them penalties enforced by their employers. As more people are being prescribed marijuana across the nation, they are wrestling with a caveat: They could be fired.

Michigan is an at-will employment state, which means employers can terminate a worker for any reason except for being in a federally protected class such as race, gender and religion.

But medical marijuana users are not considered a protected group. If a company has zero-tolerance drug policies, then they can fire someone who uses medical marijuana, attorneys say. Labor law experts say most states operate this way, unless the employee has a specific employment contract that makes exceptions for medical marijuana use.

In 2008, the California Supreme Court backed up employers, ruling a private company could fire an Air Force veteran whose doctor prescribed him marijuana for his chronic and disabling back pain. The veteran was hired by a telecommunications company but fired several weeks after he tested positive for marijuana. The landmark case has many medical marijuana users fretting about their employment prospects, legal experts say.

But Michigan may be an exception to most states. Part of Michigan’s law, passed in 2008, does address employers, saying a patient carrying a medical marijuana card cannot be “denied any right or privilege” by a “business or occupational or professional licensing board.”

Some attorneys say Michigan’s law could be fertile grounds for a discrimination suit. Casias hasn’t decided whether he will pursue a lawsuit.

Drugs Won the War

Published: June 13, 2009

This year marks the 40th anniversary of President Richard Nixon’s start of the war on drugs, and it now appears that drugs have won.

We’ve spent a trillion dollars prosecuting the war on drugs,” Norm Stamper, a former police chief of Seattle, told me. “What do we have to show for it? Drugs are more readily available, at lower prices and higher levels of potency. It’s a dismal failure.”

For that reason, he favors legalization of drugs, perhaps by the equivalent of state liquor stores or registered pharmacists. Other experts favor keeping drug production and sales illegal but decriminalizing possession, as some foreign countries have done.

Here in the United States, four decades of drug war have had three consequences:

First, we have vastly increased the proportion of our population in prisons.

The United States now incarcerates people at a rate nearly five times the world average. In part, that’s because the number of people in prison for drug offenses rose roughly from 41,000 in 1980 to 500,000 today.

Until the war on drugs, our incarceration rate was roughly the same as that of other countries.

Second, we have empowered criminals at home and terrorists abroad. One reason many prominent economists have favored easing drug laws is that interdiction raises prices, which increases profit margins for everyone, from the Latin drug cartels to the Taliban. Former presidents of Mexico, Brazil and Colombia this year jointly implored the United States to adopt a new approach to narcotics, based on the public health campaign against tobacco.

Third, we have squandered resources. Jeffrey Miron, a Harvard economist, found that federal, state and local governments spend $44.1 billion annually enforcing drug prohibitions. We spend seven times as much on drug interdiction, policing and imprisonment as on treatment.

The U.S. is to Blame for Much of the Mexican Border Drug War Violence

MEXICO CITY, March 25 (Reuters) – An “insatiable” appetite in the United States for illegal drugs is to blame for much of the violence ripping through Mexico, U.S. Secretary of State Hillary Clinton said on Wednesday.

Clinton acknowledged the U.S. role in Mexico’s vicious drug war as she arrived in Mexico for a two-day visit where she discussed U.S. plans to ramp up security on the border with President Felipe Calderon.

A surge in drug gang killings to 6,300 last year and fears the violence could seep over the border has put Mexico’s drug war high on President Barack Obama’s agenda, after years of Mexico feeling that Washington was neglecting a joint problem.

When the prohibition of a drug or “illegal plant”,  causes more harm to mankind than the drug or plant itself,  does prohibition make sense?

It didn’t seem to work very well for alcohol.