#410 Why It’s Time To End The War On Drugs

Date: Tue, 4 Aug 2009
Subject: #410 Why It’s Time To End The War On Drugs

WHY IT’S TIME TO END THE WAR ON DRUGS

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DrugSense FOCUS Alert #410 – Tuesday, 3 August 2009

There are many good books available about various aspects of the War
on Drugs. Short read summaries printed by newspapers are less common.

Below is a column printed this past weekend in the Financial Times
Weekend Magazine.

As a 501(c)3 educational non-profit the Media Awareness Project and
DrugSense seeks to educate our audience about the War on Drugs — in
addition to it’s well known news clipping service.

It is why we post to MAP some of the best articles from web only
sources like AlterNet, the Huffington Post, Reason Online and Salon –
items marked with Web: in the subject line.

Each Friday evening we distribute our on-line DrugSense Weekly which
includes the Hot Off The ‘Net section. The section points to a variety
web-only information – an average of about 10 links each week.

Each week the current issue may be accessed at http://www.drugsense.org/current.htm

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Pubdate: Sat, 1 Aug 2009

Source: Financial Times Weekend Magazine (UK)

Copyright: The Financial Times Limited 2009

Contact: ftweekendmagazine@ft.com

Author: Matthew Engel

Note: Matthew Engel is a regular contributor to FT Weekend Magazine

WHY IT’S TIME TO END THE WAR ON DRUGS

Carlisle Racecourse, near the border between England and Scotland, is
not usually regarded as one of the world’s great centres of
progressive thought. It is not even one of the great centres of
British horse racing. But in a hospitality room there in June, the
director of public health for Cumbria, Professor John Ashton, startled
a room full of local delegates at a conference entitled “Tackling
Drugs, Changing Lives” by calling for total legalisation. “The war on
drugs has failed,” he said. “We need to think differently.” He said
that heroin, and everything else now banned, should be available over
the counter in chemists’ shops.

At any rate, he certainly startled the reporter from the Carlisle News
& Star who made a splendid splash with the story, giving just a
paragraph to the counter-argument from Detective Superintendent Paul
Carter of Cumbria Police. “Class A drugs destroy the fabric of
people’s lives,” he responded. “We have to do everything we can to get
people away from drugs like heroin and cocaine.” Well, “Cop Backs Drug
Laws” hardly sounds like news, does it? But actually it is Carter who
seems increasingly out of step.

For decades many academics and professionals have regarded the current
blanket prohibition on recreational drugs (though not alcohol or
tobacco) as absurd, counter-productive and destructive. But there has
never been any political imperative for change, and a thousand reasons
to do nothing.

For nearly 40 years, since the habits established in the 1960s took
root in society, there has been a stand-off. Across the free world,
and most of the unfree, anyone seriously interested in smoking,
snorting, swallowing or injecting illegal substances can acquire the
wherewithal with a little effort, and proceed without much fear of
retribution, particularly if they are wealthy enough. Police and
politicians say they are interested in punishing the suppliers and not
the users. This is an intellectual nonsense, but it has suited
everyone who matters. The drug users don’t care; governments have felt
no pressure to attempt a politically dangerous reform; and above all
it suits the international gangsters who control the drug business,
which offers massive rewards and for them minimal risks.

But 2009 has seen a change: among the academics and professionals who
study this issue, from Carlisle Racecourse to the think-tanks of
Washington, there is growing sense that reform is possible and
increasingly urgent. The argument is not that drug use is A Good
Thing. It is that the collateral damage caused by the so-called war on
drugs has now reached catastrophic proportions. And even some
politicians have started to think this might be worth discussing. The
biggest single reason (as with so much else this year) is the Obama
Effect. In one way, this may be short-lived since the president’s
reputation will eventually be tarnished by reality. But the chief
barrier to reform has been that the international agreements barring
the drugs trade have been enforced primarily by threats of retaliation
from the White House.

Obama is the third successive president believed to have used illegal
drugs: Bill Clinton famously did not inhale; in a conversation that
was secretly taped when he was governor of Texas, George W. Bush
didn’t deny that he had smoked marijuana or used cocaine; Obama has
admitted using both dope and “a little blow”. Unlike the other two, he
is also on record as favouring decriminalisation of cannabis and more
generally addressing the problem. The president having other
preoccupations, there is no sign of him proposing the Do What The Hell
You Like Bill to Congress any time soon. There is every sign that the
blanket ban on other people’s initiatives has been partially lifted.

Obama has also come to power amid a growing sense of alarm about the
US prison population. Nearly four million Americans are either
physically in jail (including almost 5 per cent of all black males) or
under some form of state or federal jurisdiction. About 20 per cent of
these are listed as having committed drug offences. But this must be a
gross underestimate of reality. I recently asked a British judge what
percentage of the defendants in his court were there for drugs-related
crimes: not just direct breaches of the drug laws, but also crimes
committed by those whose behaviour was affected by drug use or who
were trying to obtain money to buy them. He thought for a moment then
said: “Sixty per cent. And most of the rest involve alcohol.” We may
assume that, in the more drug-pervasive American culture, the figure
would be higher than this.

At the same time, Americans have seen on the nightly news the brutal
wars between -Mexican drug gangs reach their border. And afterwards
they have watched The Wire, which has given them a serious dose of
daily inner city reality. Some observers see the collective shrug that
greeted the admission of dope-smoking by the Olympic swimming hero
Michael Phelps as a sign that attitudes are changing in middle America.

What would be less clear to TV watchers is the extent to which, under
harsh and prescriptive sentencing guidelines, the wrong criminals are
locked up. According to Sanho Tree of the Institute for Policy
Studies in Washington: “There have been judges who’ve been literally
in tears because they have been forced to sentence girlfriends of
low-level dealers to 20 years. Perhaps they fielded a call for their
boyfriends. And then the kingpin walks out in six months depending on
how much information they’ve given.”

. . .

Attitudes are certainly changing elsewhere. Several countries,
especially in South America, are starting to flirt with liberalisation
Portugal decriminalised all drug use in 2001 and the policy is said to
have widespread acceptance. Now the former president of Brazil,
Fernando Henrique Cardoso, has called for the decriminalisation of
cocaine and says that many serving politicians quietly agree with him.

The South American shift ties in with a growing belief that the
US-backed policy of coca eradication has been useless if the crop
disappears from one remote valley, it pops up in another. Meanwhile,
the once trumpeted poppy-eradication mission in Afghanistan is
increasingly perceived as a strategy that could strengthen the Taliban
by curbing overproduction. “We’re fighting over minimally processed
agricultural commodities,” says Tree. “Heroin, cocaine and marijuana
are incredibly cheap to produce. There is an inexhaustible resource of
poor farmers to grow these crops and an undiminished supply of
consumers. The more we increase law enforcement the greater the
risk-reward for the traffickers. It’s an exercise in futility.”

Tree is by no means a lone voice in the Washington policy nexus. Jim
Webb, -the Democratic senator for Virginia, said in April that the
issue of marijuana legalisation should be “on the table”. There is
interest too from rightwing libertarians such as the Texas congressman
and sometime presidential candidate Ron Paul. Indeed a leading
pro-reform voice in Washington is the Cato Institute, usually
associated with the Republicans. And the campaign is backed by
well-organised pressure groups.

It is hard to find coherent advocates on the other side of the
argument. On the web, I came across Drug Watch International, based in
Omaha, promising “current information … to counter drug advocacy
propaganda”. The lead item on its site dates from 2002. I did track
down its president, Dr John Coleman, formerly an undercover agent at
what is now the Drug Enforcement Administration. He proved an amiable
interviewee who offered me an intriguingly contrarian defence of the
American alcohol prohibition years: unpopular though the law was,
—drink-related diseases fell. The drug prohibition, he felt, also
worked.

“In the US, the levels of drug use in most categories are lower than
in the 1960s, ’70s and ’80s. There’s a lot of social change, a lot of
ageing out,” he said. “We have a more intelligent law enforcement
system. The confiscation laws are very effective. I don’t think we
should be surprised if public policies work. We do have drug problems,
I’m not minimising them. But if we ignore the progress we’ve made,
we’re short-changing ourselves.”

It is the practical men who seem most disposed to support the status
quo. The most eloquent I discovered was back in Carlisle – Paul
Carter, the cop at the racecourse conference. “I joined the police 28
years ago and I went to the deaths of many young people who had
overdosed on heroin, particularly, and each one is an utter tragedy. I
think there are fewer now and that we are beginning to make a difference.

“There’s a cycle of life when you’re on heroin when you’re either
asleep or not aware of what’s going on around you. If society
sanctioned that effect on another generation, what does that say about
us all?”

The policy wonks arguing for change have not, as a rule, attended a
dead body in a dingy flat, but the macro-argument tends to lead in
another direction even among senior police officers like Norm
Stamper, the former police chief of Seattle, who told The New York
Times: “We’ve spent a -trillion dollars prosecuting the war on drugs.
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.”

. . .

The drug laws were dingy from the start: Congress made marijuana
illegal in 1937 after a farcical debate, due to pressure from -western
farmers who wanted their Mexican labourers to work harder. The user
community keeps discovering “legal highs”, governments promptly ban
them whereupon their popularity increases.

In Britain, there is something close to despair among academics about
the political process. Drugs are classified A, B and C, allegedly
according to the degree of harm. But the theory ignores the immutable
constitutional provision that laws are subject to the approval of the
editor of the Daily Mail. Cannabis was downgraded from B to C and then
back again, to meet the government’s political needs; this had no
effect on either suppliers or users.

Ecstasy (which alarms the Mail) is deemed a class A drug, the most
dangerous rating, although – according to a major study published by
The Lancet in 2007- it ranks 18th in degree of harm among 20
well-known substances, ahead only of poppers and khat (both legal) and
well behind alcohol and tobacco (ditto). “We’re supposed to have
evidence-led policy formulation,” says Mike Levi, professor of
criminology at Cardiff University, “but it often doesn’t happen in the
drugs area.”

At the conferences Levi attends, the argument has shifted. “The
question of a more rational drug policy is certainly being debated.
There aren’t many old-fashioned zealots for the old methods of drug
control even in the police, who are more open to change than recent
home secretaries. But however good an idea it might be in the abstract
it would take a more mature political and media conversation about it
before it is likely to happen. Always keep ahold of nurse, for fear of
finding something worse, that’s where we are now.”

In Britain, with its top-down system of government, a notionally
left-of-centre but illiberal administration and a hysterical press,
reform is improbable, although Gordon Brown recently had a brief
meeting with Danny Kushlick, from the pro-legalisation group
Transform. But there is a new atmosphere in the US, where the change
in emphasis in Washington is enough to allow initiatives to come from
below. Already, dope-smoking is de facto legal in California thanks to
the lifting of the ban on medical marijuana. Purchase requires a
prescription – but anyone who wants a joint but can’t find a
Californian medic who thinks it will help backache just isn’t trying.
This system may well spread.

Strangely, all this is happening just as Holland, the country that has
been out on a limb for years with its coffee-shop culture, is
beginning to row backwards. Once again, though, it may well be an
anomaly. The Dutch are starting to tire of their exceptionalism and
the drugs tourism that has resulted, just as they have tired of their
liberal immigration policies. And the coffee shops have fallen foul of
the indoor-smoking taboo.

Drug use generally in Holland seems to be low. But then you can prove
almost anything with selective use of drug statistics: it is also low
in Sweden, which is surprisingly stern. The main source for these
stats is the UN Office on Drugs and Crime, which maintains a huge
bureaucracy to fight the drug problem, or at least to collect
astonishingly detailed statistics: 3.8 per cent of Scots aged 15-64
use cocaine every year; 21.5 per cent of the same cohort of Ghanaians
use cannabis; opium prices in the Phongsaly and Huaphanh provinces of
Laos range between $556 and $744 per kilo … You might think that,
knowing all this, they might be able to do something.

The UNODC’s executive director, Antonio Maria Costa, has been the
chief proponent of continued prohibitionism. But, even as he
introduced his 2009 report which, as ever, trumpeted evidence of
success, he seemed a little rattled, repeating the new White House
line about treatment rather than enforcement while warning that
legalisation would be “a historic -mistake”. He went on: “Proponents
of legalisation can’t have it both ways. A free market for drugs would
unleash a drug epidemic, while a regulated one would create a parallel
criminal market. Illicit drugs pose a danger to health. That’s why
drugs are, and must remain, controlled.”

. . .

Of course drugs need to be controlled, just as alcohol, tobacco,
firearms, prescription drugs, food additives and indeed UN bureaucrats
with massive budgets need to be controlled. But the whole point is
that illicit drugs are not controlled. The international -pretence of
prohibition sees to that. One of the major arguments advanced for
continuing the ban on -cannabis is that the currently available
strains of the drug do not offer the gentle highs of the hippie years
but are intensively cultivated and far more potent, with potentially
serious psychological effects. The analysis is correct, according to
my stoner friends. But the logic is 180 degrees wrong. Imagine a total
ban on tobacco, which is no longer so unthinkable. Among the
consequences would be an immediate return to the unfiltered
full-strength gaspers of the 1950s, just as American alcohol
prohibition produced moonshine. One benign -consequence of drug
legalisation would be that users would have a guarantee of quality and
strength/mildness: an end to heroin flavoured with brick dust (many
believe adulteration is the real killer), and the type of -marijuana
they actually want.

But the case for legalisation is not about allowing baby-boom couples
to enjoy a joint after a dinner party without drawing the curtains or
being obliged to visit a dodgy bloke called Dave. Decriminalisation or
even legalising cannabis on its own would achieve little. Something
more radical is required. The crucial issue concerns the supply chain:
the way prohibition has enriched and empowered gangsters, corrupt
officials and indeed wholly corrupt narco-states across the planet. It
was a point made -eloquently by the Russian economist Lev Timofeev,
when interviewed by Misha Glenny for his book about global organised
crime, McMafia. -“Prohibiting a market does not mean destroying it,”
Timofeev said. What it means is placing a “dynamically developing
market under the total control of criminal corporations”. He called
the present situation a threat to world civilisation, which
international public opinion had failed to grasp.

Proper reform means legitimising production and supply, precisely so
it can be controlled. Would it unleash a drug epidemic worse than the
one we now have? Well, it would be an unusual child of the 1960s who
did not mark the moment with a celebratory joint. But the novelty
would soon wear off. And from then on, the places where it is easiest
to obtain drugs would no longer be the inside of jails and inner-city
school playgrounds.

Imagine a situation – as John Ashton started to do at Carlisle
Racecourse – where all drugs were sold in pharmacies licensed for the
purpose. Taxation could be set at a level that brought in revenue but
still made illegal dealing uncompetitive. For the more dangerous and
addictive drugs there would be compulsory medical supervision.
Identity checks and strict record-keeping would be required. There
would be laws (which could actually be enforced) against advertising,
adulteration, use in public, driving under the influence and supply to
minors.

In what way would that be worse than the present situation?

[sidebar]

4000BC

Sumerian text refers to the poppy as “hul gil”, “plant of
joy”

2727BC

First recorded use of cannabis in Chinese medicine

c. 0AD

Psychotropic effects of cannabis mentioned in Chinese
texts

1569

First medical account of the coca plant

c. 1660

Thomas Sydenham, “the father of English medicine”, standardises
laudanum tincture of opium as a cure-all

1800 Napoleon bans his troops in Egypt from following the local custom
of smoking hashish

1860

Opium trade legalised in China after the end of the second opium
war

1884

Freud recommends cocaine for various ailments

1886 John S. Pemberton invents Coca-Cola, containing cocaine and
caffeine

1903

Cocaine removed from Coca-Cola

1909 US bans import of opium for non-medical uses

1912

Opiates banned internationally under Hague Convention

1914

US regulates use of cocaine

1915

Utah becomes first US state to ban cannabis

1920

Opiates and cocaine banned in UK

1922 Diary of a Drug Fiend is published, a fictional account of
addiction

1928 Recreational use of cannabis banned in UK

1936

Film Reefer Madness is released

1937

US effectively bans cannabis

1966

LSD banned in UK

1967

“Legalise Pot” rally held in Hyde Park

1977

Ecstasy banned in UK

1980s

US starts funding coca crop eradication in South America

1984

US first lady Nancy Reagan begins “Just Say No” campaign

Mid-1980s

Crack cocaine becomes widespread in US cities

1992

Bill Clinton says he smoked marijuana, but did not
inhale

1993

Colombian drug lord Pablo Escobar dies in a police shoot-out in
Medellin, Colombia. Four years earlier, Forbes magazine had listed him
as the seventh-richest person in the world, with a personal fortune
close to $25bn

1998

UN secretary-general Kofi Annan announces 10-year plan for real
progress to eliminate drug cultivation

2001

Portugal decriminalises drug use

2004

UK government downgrades cannabis from class B to class C, making it
officially less harmful

2009

UK restores cannabis to class B, against the recommendations of its
scientific advisers

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Prepared by: Richard Lake, Senior Editor http://www.mapinc.org

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