Fact-checking Drug Czar Barry McCaffrey
I appeared on the CNN program Lou Dobbs Tonight last Thursday (Oct. 22) to discuss the medical marijuana issue and the drug war in general. There were two other guests: Peter Moskos from John Jay College and the organization Law Enforcement Against Prohibition (LEAP) and Barry McCaffrey, retired General of the U.S. Army and former “Drug Czar” under President Bill Clinton.
I was really astonished by the doubletalk coming from McCaffrey. Watch the clip below and then I’ll explain two of the worst examples so you can come to your own conclusions about this guy.
Doubletalk: Example One:
Tim Lynch: “Some states have changed their marijuana laws to allow patients who are suffering from cancer and AIDS–people who want to use marijuana for medical reasons–they’re exempt from the law. But there’s a clash between the laws of the state governments and the federal government. The federal government has come in and said, ‘We’re going to threaten people with federal prosecution, bring them into federal court.’ And what the [new memo from the Obama Justice Department] does this week is change federal policy. Basically, Attorney General Eric Holder is saying, ‘Look, for people, genuine patients–people suffering from cancer, people suffering from AIDS–these people are now off limits to federal prosecutors.’ It’s a very small step in the direction of reform.”
Now comes Barry McCaffrey: “There is zero truth to the fact that the Drug Enforcement Administration or any other federal law enforcement ever threatened care-givers or individual patients. That’s fantasy!”
Zero truth? Fantasy? This report from USA Today tells the story of several patients who were harassed and threatened by federal agents. Excerpt: ”In August 2002, federal agents seized six plants from [Diane] Monson’s home and destroyed them.”
This report from the San Francisco Chronicle tells the story of Bryan Epis and Ed Rosenthal. Both men, in separate incidents, were raided, arrested, and prosecuted by federal officials. The feds called them “drug dealers.” When the cases came to trial, both men were eager to inform their juries about the actual circumstances surrounding their cases–but they were not allowed to convey those circumstances to jurors. Federal prosecutors insisted that information concerning the medical aspect of marijuana was “irrelevant.” Both men were convicted and jailed.
This report from the New York Times tells readers about the death of Peter McWilliams. The feds said he was a “drug dealer.” McWilliams also wanted to tell his story to a jury, but pled guilty when the judge told him he would not be allowed to inform the jury of his medical condition. Excerpt: “At his death, Mr. McWilliams was waiting to be sentenced in federal court after being convicted of having conspired to possess, manufacture and sell marijuana…. They pleaded guilty to the charge last year after United States District Judge George H. King ruled that they could not use California’s medical marijuana initiative, Proposition 215, as a defense, or even tell the jury of the initiative’s existence and their own medical conditions.” The late William F. Buckley wrote about McWilliams’ case here.
Imagine what Diane Monson, Bryan Epis, Ed Rosenthal, and Peter McWilliams (and others) would have thought had they seen a former top official claim that federal officials never threatened patients or caregivers?!
Filed under: General; Government and Politics; Law and Civil Liberties
‘Reefer Sanity’
Kathleen Parker in the Washington Post:
Arguments for and against decriminalization of some or all drugs are familiar by now. Distilled to the basics, the drug war has empowered criminals while criminalizing otherwise law-abiding citizens and wasted billions that could have been better spent on education and rehabilitation.
By ever-greater numbers, Americans support decriminalizing at least marijuana, which millions admit to having used, including a couple of presidents and a Supreme Court justice. A recent Gallup poll found that 44 percent of Americans favor legalization for any purpose, not just medical, up from 31 percent in 2000.
Read the whole thing. For more Cato work, go here.
Another “Victory” in the War on Drugs
A grandmother in Indiana has been arrested for purchasing cold medicine. We can all sleep more safely now that this hardened criminal has been taught a lesson. The Terre Haute News reports:
When Sally Harpold bought cold medicine for her family back in March, she never dreamed that four months later she would end up in handcuffs.
Now, Harpold is trying to clear her name of criminal charges, and she is speaking out in hopes that a law will change so others won’t endure the same embarrassment she still is facing.
…Harpold is a grandmother of triplets who bought one box of Zyrtec-D cold medicine for her husband at a Rockville pharmacy. Less than seven days later, she bought a box of Mucinex-D cold medicine for her adult daughter at a Clinton pharmacy, thereby purchasing 3.6 grams total of pseudoephedrine in a week’s time.
Those two purchases put her in violation of Indiana law 35-48-4-14.7, which restricts the sale of ephedrine and pseudoephedrine, or PSE, products to no more than 3.0 grams within any seven-day period.
When the police came knocking at the door of Harpold’s Parke County residence on July 30, she was arrested on a Vermillion County warrant for a class-C misdemeanor, which carries a sentence of up to 60 days in jail and up to a $500 fine.
And to Think: Senators Once Worked For Legislatures
S. 1536, the “ALERT Drivers” Act (”Avoiding Life-Endangering and Reckless Texting by Drivers” — get it?) would reduce federal highway funds available to states if they don’t pass laws prohibiting people from writing, sending, or reading text messages while driving.
The circle is complete. Senators, who were once chosen by state legislatures, now believe it is their role to tell state legislatures what to do.
Federal command over our lives, in ever more intricate detail. It’s the product of exalting democracy — in this case, direct election of senators — over liberty and over the governmental structure originally established in the constitution.
Texting while driving is dangerous to your health and others’. Letting governments amass power is dangerous to your freedom, and ultimately your health (this way, for example, and this way and this way).
Filed under: Government and Politics; Law and Civil Liberties; Telecom, Internet & Information Policy
Why Is Marijuana Still Illegal?
According to Rasmussen Reports, a majority of Americans believe that alcohol is more dangerous than marijuana:
Pot or not, that is the question.
Fifty-one percent (51%) of American adults say alcohol is more dangerous than marijuana, according to a new Rasmussen Reports national telephone survey. Just 19% disagree and say pot is worse.
But 25% say both are equally dangerous. Just two percent (2%) say neither is dangerous.
Younger adults are more likely than their elders to view alcohol as the more dangerous of the two.
Fifty-three percent (53%) of women say alcohol is more dangerous than marijuana, compared to 48% of men. Men by a two-to-one margin over women say pot is riskier, but women are more inclined to say both are dangerous.
Unmarried adults are more critical of alcohol than those who are married. Those with children at home think alcohol is more dangerous than those without kids living with them.
So why are pot users still being tossed into jail?
There are lots of good reasons why people shouldn’t use drugs. But making drug use illegal only compounds the social consequences, turning a moral and health problem into a legal and criminal problem. The result is the worst of both worlds: all of the problems of drug use plus all of the problems of prohibition. Unfortunately, those consequences flow overseas, further undermining fragile societies such as Afghanistan, Colombia, and Mexico and ultimately American security objectives as well.
It’s time to call off the Drug War.
Filed under: Foreign Policy and National Security; Law and Civil Liberties
Kristof on the Drug War
New York Times columnist Nicholas Kristof cites the Cato report about Decriminalization of Drugs in Portugal by Glenn Greenwald. Here’s an excerpt:
Above all, it’s time for a rethink of our drug policy. The point is not to surrender to narcotics, but to learn from our approach to both tobacco and alcohol. Over time, we have developed public health strategies that have been quite successful in reducing the harm from smoking and drinking.
If we want to try a public health approach to drugs, we could learn from Portugal. In 2001, it decriminalized the possession of all drugs for personal use. Ordinary drug users can still be required to participate in a treatment program, but they are no longer dispatched to jail.
“Decriminalization has had no adverse effect on drug usage rates in Portugal,” notes a report this year from the Cato Institute. It notes that drug use appears to be lower in Portugal than in most other European countries, and that Portuguese public opinion is strongly behind this approach.
A new United Nations study, World Drug Report 2009, commends the Portuguese experiment and urges countries to continue to pursue traffickers while largely avoiding imprisoning users. Instead, it suggests that users, particularly addicts, should get treatment.
Senator Webb has introduced legislation that would create a national commission to investigate criminal justice issues — for such a commission may be the best way to depoliticize the issue and give feckless politicians the cover they need to institute changes.
Good stuff. Read the whole thing.
More Anti-Drug Aid to Mexico?
The Washington Post reports that despite reports of widespread violence and human rights abuses since Mexico increased its fight against the drug trade, the U.S. government is considering pumping more money to their failing efforts:
The Obama administration has concluded that Mexico is working hard to protect human rights while its army and police battle the drug cartels, paving the way for the release of millions of dollars in additional federal aid.
The Merida Initiative, a three-year, $1.4 billion assistance program passed by Congress to help Mexico fight drug trafficking, requires the State Department to state that the country is taking steps to protect human rights and to punish police officers and soldiers who violate civil guarantees. Congress may withhold 15 percent of the annual funds — about $100 million so far — until the Obama administration offers its seal of approval for Mexico’s reform efforts.
…In recent weeks, after detailed allegations in the media of human rights abuses, the Mexican military said that it has received 1,508 complaints of human rights abuses in 2008 and 2009. It did not say how the cases were resolved, but said that the most serious cases involved forced disappearances, murder, rape, robbery, illegal searches and arbitrary arrests. Human rights groups contend that only a few cases have been successfully prosecuted.
Sending additional anti-drug aid to Mexico is a case of pouring more money into a hopelessly flawed strategy. President Felipe Calderon’s decision to make the military the lead agency in the drug war–a decision the United States backed enthusiastically–has backfired. Not only has that strategy led to a dramatic increase in violence, but contrary to the State Department report, the Mexican military has committed serious human rights abuses. Even worse, the military is now playing a much larger role in the country’s affairs. Until now, Mexico was one of the few nations in Latin America that did not have to worry about the military posing a threat to civilian rule. That can no longer be an automatic assumption.
Washington needs to stop pressuring its neighbor to do the impossible. As long as the United States and other countries foolishly continue the prohibition model with regard to marijuana, cocaine, and other currently illegal drugs, a vast black market premium will exist, and the Mexican drug cartels will grow in power. At a minimum, the United States should encourage Calderon to abandon his disastrous confrontational strategy toward the cartels. Better yet, the United States should take the lead in de-funding the cartels by legalizing drugs and eliminating the multi-billion-dollar black market premium.
Filed under: Foreign Policy and National Security; General
Rhode Island Studies Marijuana Decriminalization
Criminalization of marijuana use never did make sense. Surely the results of the Drug War–billions of dollars wasted, tens of millions of regular users, millions of people arrested–have made it even more obvious that prohibition is a failure. And now,with the U.S. suffering through a nasty recession, it is even more foolish to waste resources in a vain attempt to stop recreational drug use.
Before heading home for the July 4th weekend the Rhode Island Senate set up a committee to study the idea of decriminalization. Reports the Providence Journal:
Weeks after legalizing the sale of marijuana to sick people, lawmakers have voted to explore how much Rhode Island might collect in revenue if it were to make all sales of marijuana legal and impose a “sin tax” of $35 per ounce.
During the General Assembly’s aborted rush to adjournment Friday, the Senate approved a resolution — introduced earlier the same day — to create a nine-member special commission to study a swath of issues surrounding marijuana. Among them: “The experience of individuals and families sentenced for violating marijuana laws … The experience of states and European countries, such as California, Massachusetts and the Netherlands, which have decriminalized the sale and use of marijuana.”
Drug prohibition has failed. Rhode Island legislators have an opportunity to help the nation change direction in the way it deals with drug abuse.
Kristof: Drugs Won the War
New York Times columnist, Nicholas Kristof’s latest column is about the failure of the drug war. Excerpt:
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. (Of people with drug problems in state prisons, only 14 percent get treatment.)
I’ve seen lives destroyed by drugs, and many neighbors in my hometown of Yamhill, Oregon, have had their lives ripped apart by crystal meth. Yet I find people like Mr. Stamper persuasive when they argue that if our aim is to reduce the influence of harmful drugs, we can do better.
Good stuff. Jeff Miron is a Cato senior fellow. Here’s a link to Cato’s new study, “Drug Decriminalization in Portugal,” by Glenn Greenwald. More Cato research here.
Filed under: Foreign Policy and National Security; Government and Politics; Law and Civil Liberties
End War–At Least the Drug War
War is an awful thing. Yet, to show they are serious, politicians constantly use the “war” analogy. A “war on poverty.” An “energy war.” The “drug war.”
Yet militarizing these and other issues is precisely the wrong way to deal with them. So it is with the drug war, which has come most to resemble a real war. Indeed, more Mexicans have been dying in their “drug war” than Americans have been dying in Iraq.
It’s time to call a truce. Writes Sherwood Ross:
Gil Kerlikowske, Obama’s new head of the Office of National Drug Control Policy, has renounced even the use of the phrase “War on Drugs” on grounds it favors incarceration of offenders rather than treatment. But talk is no substitute for action.
To his credit, Obama has long appeared to be open to a fresh approach. In an address at Howard University on Sept. 28, 2007, then Sen. Obama said, “I think it’s time we took a hard look at the wisdom of locking up some first time nonviolent drug users for decades.”
“We will give first-time, non-violent drug offenders a chance to serve their sentence, where appropriate, in the type of drug rehabilitation programs that have proven to work better than a prison term in changing bad behavior,” he added. “So let’s reform this system. Let’s do what’s smart. Let’s do what’s just.”
And as prison overcrowding worsens and governors currently whine they can’t balance budgets, the public might get some real relief.Last year, more than 700,000 of the country’s 20-million pot smokers were arrested for marijuana possession, according to NORML, an advocacy lobby that works for decriminalization. Over the past decade, 5-million folks got arrested on marijuana charges, 90% of which were for “simple possession, not trafficking or sale,” NORML says.
“Regardless of whether one is a ‘drug warrior’ or a ‘drug legalizer,” writes Bob Barr in the May 25 Atlanta Journal Constitution, “it is difficult if not impossible to defend the 38-year old war on drugs as a success.”
Drug abuse is a serious social problem. But so is alcoholism. And many other social (mis)behaviors. We should start treating it as a social, health, and moral problem, not as a matter for the criminal law.
President Obama: End this war!
Drug Related Gun Battle in Acapulco Leaves 18 Dead
A wild shootout over the weekend in Acapulco indicates that the drug-related violence in Mexico is spreading.
The Washington Post reports:
Suspected drug traffickers trapped in a safe house fought a furious gun battle with Mexican soldiers early Sunday in the beach resort city of Acapulco. As terrified residents and tourists cowered in their rooms, the firefight raged for two hours, leaving 16 gunmen dead. Two soldiers were also killed and several bystanders were wounded.
The gunmen, suspected members of one of Mexico’s major cartels, threw as many as 50 grenades at the advancing soldiers, and both sides fired thousands of rounds from assault rifles.
Mexican officials have long argued that while there has been serious turmoil in some cities along the border with the United States, the main tourist resort areas are safe. Even before the Acapulco incident, though, events over the past year had cast some doubt on such complacent assurances. A few months ago, a retired general who had just been appointed to direct anti-drug efforts in Cancun was assassinated, and there have been other troubling developments. The main Gulf coast and Pacific resorts are certainly safer than the war zones in such places as Tijuana, Nuevo Laredo, and Ciudad Juarez, but American tourists should not be lulled into thinking that those areas are immune from the drug violence.
President Felipe Calderon’s decision nearly three years ago to launch a military offensive against the drug cartels has backfired. The strategy has not stemmed the flow of illegal drugs into the United States, it has merely caused a spike in the violence and made Mexico a more turbulent, dangerous place for everyone.
Filed under: International Economics and Development; Law and Civil Liberties
Tom Tancredo Says: Legalize Drugs!
Former Rep. Tom Tancredo is no libertarian. After all, he made his name attacking immigration. But the former member is now speaking politically painful truths.
Yesterday he spoke to a local Republican group in Denver:
Admitting that it may be “political suicide” former Colorado Congressman Tom Tancredo said its time to consider legalizing drugs.
He spoke Wednesday to the Lincoln Club of Colorado, a Republican group that’s been active in the state for 90 years. It’s the first time Tancredo has spoken on the drug issue. He ran for president in 2008 on an anti-illegal immigration platform that has brought him passionate support and criticism.
Tancredo noted that he has never used drugs, but said the war has failed.
“I am convinced that what we are doing is not working,” he said.
Tancredo told the group that the country has spent billions of dollars capturing, prosecuting and jailing drug dealers and users, but has little to show for it.
“It is now easier for a kid to get drugs at most schools in America that it is booze,” he said.
He said the violent drug battles in Mexico are moving north. A recent ABC News report profiled how easy it has become for violent drug cartels to smuggle cocaine into the United States. Drug enforcement officials told ABC that Denver is a hub city for distribution.
It’s time for politicians like Tancredo to start telling the truth while they are still in office.
Week in Review: The War on Drugs, SCOTUS Prospects and Credit Card Regulation
White House Official Says Government Will Stop Using Term ‘War on Drugs’
The Wall Street Journal reports that White House Drug Czar Gil Kerlikowske is calling for a new strategy on federal drug policy and is putting a stop to the term “War on Drugs.”
The Obama administration’s new drug czar says he wants to banish the idea that the U.S. is fighting ‘a war on drugs,’ a move that would underscore a shift favoring treatment over incarceration in trying to reduce illicit drug use…. The Obama administration is likely to deal with drugs as a matter of public health rather than criminal justice alone, with treatment’s role growing relative to incarceration, Mr. Kerlikowske said.
Will Kerlikowske’s words actually translate to an actual shift in policy? Cato scholar Ted Galen Carpenter calls it a step in the right direction, but remains skeptical about a true change in direction. “A change in terminology won’t mean much if the authorities still routinely throw people in jail for violating drug laws,” he says.
Cato scholar Tim Lynch channels Nike and says when it comes to ending the drug war, “Let’s just do it.” In a Cato Daily Podcast, Lynch explained why the war on drugs should end:
Cato scholars have long argued that our current drug policies have failed, and that Congress should deal with drug prohibition the way it dealt with alcohol prohibition. With the door seemingly open for change, Cato research shows the best way to proceed.
In a recent Cato study, Glenn Greenwald examined Portugal’s successful implementation of a drug decriminalization program, in which drug users are offered treatment instead of jail time. Drug use has actually dropped since the program began in 2001.
In the 2009 Cato Handbook for Policymakers, David Boaz and Tim Lynch outline a clear plan for ending the drug war once and for all in the United States.
Help Wanted: Supreme Court Justice
Justice David Souter announced his retirement from the Supreme Court at the end of last month, sparking national speculation about his replacement.
Calling Souter’s retirement “the end of an error,” Cato senior fellow Ilya Shapiro makes some early predictions as to whom President Obama will choose to fill the seat in October. Naturally, there will be a pushback regardless of who he picks. Shapiro and Cato scholar Roger Pilon weigh in on how the opposition should react to his appointment.
Shapiro: “Instead of shrilly opposing whomever Obama nominates on partisan grounds, now is the time to show the American people the stark differences between the two parties on one of the few issues on which the stated Republican view continues to command strong and steady support nationwide. If the party is serious about constitutionalism and the rule of law, it should use this opportunity for education, not grandstanding.”
Obama Pushing for Credit Card Regulation
President Obama has called for tighter regulation of credit card companies, a move that “would prohibit so-called double-cycle billing and retroactive rate hikes and would prevent companies from giving credit cards to anyone under 18,” according to CBSNews.com.
But Cato analyst Mark Calabria argues that this is no time to be reducing access to credit:
We are in the midst of a recession, which will not turn around until consumer spending turns around — so why reduce the availability of consumer credit now?
Congress should keep in mind that credit cards have been a significant source of consumer liquidity during this downturn. While few of us want to have to cover our basic living expenses on our credit card, that option is certainly better than going without those basic needs. The wide availability of credit cards has helped to significantly maintain some level of consumer purchasing, even while confidence and other indicators have nosedived.
In a Cato Daily Podcast, Calabria explains how credit card companies have been a major source of liquidity for a population that is strapped for cash to pay for everyday goods.
Filed under: Cato Publications; General; Law and Civil Liberties; Regulatory Studies
Who’s Blogging about Cato
Here’s a roundup of bloggers who are writing about Cato research and commentary:
- Blogging for CEI’s OpenMarkets.org, Ryan Young used Edward Crane’s op-ed about conservatives’ shortcomings.
- At The Hill’s Congress Blog, Minnesota Rep. Michele Bachmann cited Cato research that shows that taxpayers spend about $300 billion per year on tax preparation services.
- Cory Doggett blogs regularly about oil issues, and has been writing a lot lately about Patrick J. Michaels’ work on climate change.
- At The Liberty Papers, Brad Warbiany quoted David Rittgers on the drug war in Afghanistan.
- FreedomPolitics.com editor Bill Goodwin blogged about the controversy over private property and the 9/11 memorial in Pennsylvania, linking to Ilya Shapiro’s commentary.
Are you blogging about Cato, but not on the list? Drop us a line and let us know!
The War in Afghanistan Is about to Turn Nastier
While Iraq’s security situation has been improving–though the possibility of revived sectarian violence remains all too real–the conflict in Afghanistan has been worsening. The challenge for allied (which means mostly American) forces is obvious, which is why the Obama Administration is sending more troops.
But the administration risks wrecking the entire enterprise by turning American forces into drug warriors.
American commanders are planning to cut off the Taliban’s main source of money, the country’s multimillion-dollar opium crop, by pouring thousands of troops into the three provinces that bankroll much of the group’s operations.
The plan to send 20,000 Marines and soldiers into Helmand, Kandahar and Zabul Provinces this summer promises weeks and perhaps months of heavy fighting, since American officers expect the Taliban to vigorously defend what makes up the economic engine for the insurgency. The additional troops, the centerpiece of President Obama’s effort to reverse the course of the seven-year war, will roughly double the number already in southern Afghanistan. The troops already fighting there are universally seen as overwhelmed. In many cases, the Americans will be pushing into areas where few or no troops have been before.
Through extortion and taxation, the Taliban are believed to reap as much as $300 million a year from Afghanistan’s opium trade, which now makes up 90 percent of the world’s total. That is enough, the Americans say, to sustain all of the Taliban’s military operations in southern Afghanistan for an entire year.
“Opium is their financial engine,” said Brig. Gen. John Nicholson, the deputy commander of NATO forces in southern Afghanistan. “That is why we think he will fight for these areas.”
The Americans say that their main goal this summer will be to provide security for the Afghan population, and thereby isolate the insurgents.
But because the opium is tilled in heavily populated areas, and because the Taliban are spread among the people, the Americans say they will have to break the group’s hold on poppy cultivation to be successful.
No one here thinks that is going to be easy.
Indeed.
The basic problem is that opium–and cannabis, of which Afghanistan is also the world’s largest producer–funds not only the Taliban, but also warlords who back the Karzai government and, most important, the Afghan people. The common estimate is that drugs provide one-third of Afghanistan’s economic output and benefit a comparable proportion of the population. Making war on opium inevitably means making war on the Afghan people.
Gun Control for the Sake of Mexico: The Meme That Wouldn’t Die
Fox News already debunked the claim that 90% of the guns involved in Mexico’s drug war come from the United States. Facts aside, the press onslaught continues in a new push for gun control.
The fact is that out of 29,000 firearms picked up in Mexico over the last two-year period for which data is available, 5,114 of the 6,000 traced guns came from the United States. While that is 90% of traced guns, it means that only 17% of recovered guns come from the United States civilian market.
Where did the rest come from? A number of places. To begin with, over 150,000 Mexican soldiers have deserted in the last six years for the better pay and benefits of cartel life, some taking their issued M-16 rifles with them.
Surprisingly, a significant number of the arms are coming to the cartels via legitimate transactions. They are produced and exported legally every year, regulated by the State Department as Direct Commercial Sales. FY 2007 figures for the full exports are available here, and State’s report on end-use is available here, alleging widespread fraud and use of front companies to funnel the weapons into the black market. (H/T to Narcosphere) This doesn’t even take into account the thousands of weapons floating around Latin America from previous wars of liberation. This Los Angeles Times article also shows how the cartels are getting hand grenades, rocket launchers, and other devices you can’t pick up at your local sporting goods store.
Perhaps this is why law enforcement officials did not ask for new gun laws to combat Mexican drug violence at recent hearings in front of Congress.
Never mind those pesky facts. The story at the New York Times recycles the 90% claim. The associated video is just as bad. Narrator: “The weapons that are arming the drug war in Juarez are illegal to purchase and possess in Mexico.” They’re also illegal in the United States. As the narrator says these words, the Mexican officer is handling an M-16 variant with a barrel less than sixteen inches long. This rifle would be illegal to possess in the United States without prior approval from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE). As the video mentions the expired “Assault” Weapons Ban, the submachine gun in frame would also be classified as a short-barreled rifle and require BATFE approval. Ditto for many of the rifles shown in the video. The restrictions on barrel length would not apply to weapons exported as Direct Commercial Sales. Law enforcement folks call this a “clue.”
The language of gun control advocates is changing subtly to demonize “military style” weapons. “Military style” weapons is a new and undefined term that means either (1) automatic weapons, short barreled rifles, short barreled shotguns, and destructive devices already heavily regulated by federal law; or (2) a term inclusive of all modern firearms in a back-door attempt to enact a new gun control scheme.
Yes, ALL modern firearms. Grandpa’s hunting rifle? Basis for the system used by military snipers. The pump-action shotgun you use to hunt ducks and quail? Basis for the modular shotgun produced for the military. The handgun you bought for self-defense, a constitutionally protected right? Used by every modern military.
This is not a new tactic. The Violence Policy Center has previously tried to fool people by portraying ordinary rifles as machine guns with the term “assault” weapons: “The weapons’ menacing looks, coupled with the public’s confusion over fully automatic machine guns versus semi-automatic assault weapons-anything that looks like a machine gun is assumed to be a machine gun-can only increase the chance of public support for restrictions on these weapons.”
Making our domestic policies based on the preferences of other countries is unacceptable, especially in an activity protected by the Constitution. One of Canada’s Human Rights Commissioners is on record saying that “[f]reedom of speech is an American concept, so I don’t give it any value.” (Apparently, it makes the folks at the Department of Homeland Security nervous too) In a similar vein, the United Nations says “[w]e especially encourage the debate on the issue of reinstating the 1994 U.S. ban on assault rifles that expired in 2004.”
It’s not theirs to say, and we shouldn’t listen to an argument based on lies. Related posts here and here.
Filed under: Foreign Policy and National Security; Law and Civil Liberties
U.N. Official: Portugal’s Policy ‘Appears to be Working’
Over at Drug War Rant, Peter Guither notes the strange reaction of a drug policy official to the new Cato report, Drug Decriminalization in Portugal:
Glenn Greenwald’s excellent report (on the successful decriminalization of all drugs in Portugal for personal use) was picked up by Scientific American: Portugal’s Drug Decriminalization Policy Shows Positive Results
What really caught my attention in this article was that they got the UNODC to agree that it seemed to work, but the response was Kafkaesque.
Walter Kemp, a spokesperson for the United Nations Office on Drugs and Crime, says decriminalization in Portugal “appears to be working.” He adds that his office is putting more emphasis on improving health outcomes, such as reducing needle-borne infections, but that it does not explicitly support decriminalization, “because it smacks of legalization.” Yes, decrim works, but we don’t support something that actually works because it sounds like something we’re afraid want to talk about. Right.
A spokesperson for the White House’s Office of National Drug Control Policy declined to comment, citing the pending Senate confirmation of the office’s new director, former Seattle Police Chief Gil Kerlikowske. The U.S. Drug Enforcement Administration (DEA) and the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs also declined to comment on the report.Well, I guess no policy is better than what we’re used to.
Glenn Greenwald has more on the reaction to his report here.
Former Prosecutor, Judge Calls for Drug Legalization
Many of those most involved in the drug war both at home and abroad recognize that it is an expensive failure, having had little impact of drug consumption while fostering crime and undermining civil liberties. In fact, many former cops, prosecutors, and judges have joined together in Law Enforcement Against Prohibition.
A former Orange County, California prosecutor and judge who once locked up drug offenders now advocates relaxing the drug laws. The Los Angeles Times has just published Steve Lopez’s interview with Jim Gray:
All right, tell me this doesn’t sound a little strange:
I’m sitting in Costa Mesa with a silver-haired gent who once ran for Congress as a Republican and used to lock up drug dealers as a federal prosecutor, a man who served as an Orange County judge for 25 years. And what are we talking about? He’s begging me to tell you we need to legalize drugs in America.
“Please quote me,” says Jim Gray, insisting the war on drugs is hopeless. “What we are doing has failed.”
As far as I can tell, Gray is not off his rocker. He’s not promoting drug use, he says for clarification. Anything but. If he had his way, half the revenue we would generate from taxing and regulating drugs would be plowed back into drug prevention education, and there’d be rehab on demand.
So here he is in coat and tie — with a U.S. flag lapel pin — eating his oatmeal and making perfect sense, even when talking about the way President Obama flippantly dismissed a question about legalizing marijuana last week during a White House news conference.
“Politicians get reelected talking tough regarding the war on drugs,” says Gray. “Do you want to hear the speech? Vote for Gray. I will put drug dealers in jail and save your children.”
I had gone to visit Gray in part to discuss his support for a bill introduced last month by Democratic San Francisco Assemblyman Tom Ammiano, who is calling for marijuana to be regulated and taxed much like alcohol.
There’s no good answer to drug abuse. But turning a health problem into a criminal law problem certainly is not the answer. It’s time to take the immense profit out of the drug market as have other countries, such as Portugal, which has decriminalized drug use.
Monday Podcast ‘The Politics of Medical Marijuana’
As of this writing, 13 states have passed legislation legalizing medical marijuana. President Obama’s pledge to stop raiding medical marijuana facilities was met with praise from opponents of the drug war, but what does it mean for the future of drug policy?
In Monday’s Cato Daily Podcast, Rob Kampia, executive director of the Marijuana Policy Project, explains his organization’s goals and strategies for ending marijuana prohibition in the United States.
Our society is not quite ready yet to completely end marijuana prohibition. So what we want to do is keep as many people from being arrested and put in jail as possible in the short run. One way of doing that is to legalize medical marijuana state by state.
Kampia spoke at a policy forum on medical marijuana at the Cato Institute in March.
Jim Webb and Criminal Justice
Senator Jim Webb (D-Va) is calling for a national commission to review the American criminal justice system from top to bottom. Good for him. With more than seven million people under criminal justice supervision (prison, parole, probation), a thorough review is desperately needed. You can tell that Webb is new to the Congress because he is raising a subject that most of the long term incumbents would rather not discuss. As Glenn Greenwald observes:
For a Senator like Webb to spend his time trumpeting the evils of excessive prison rates, racial disparities in sentencing, the unjust effects of the Drug War, and disgustingly harsh conditions inside prisons is precisely the opposite of what every single political consultant would recommend that he do. There’s just no plausible explanation for what Webb’s actions other than the fact that he’s engaged in the noblest and rarest of conduct: advocating a position and pursuing an outcome because he actually believes in it and believes that, with reasoned argument, he can convince his fellow citizens to see the validity of his cause. And he is doing this despite the fact that it potentially poses substantial risks to his political self-interest and offers almost no prospect for political reward. Webb is far from perfect — he’s cast some truly bad votes since being elected — but, in this instance, not only his conduct but also his motives are highly commendable.
Read the whole thing.
And speaking of Glenn Greenwald, he will be here at Cato this Friday to discuss his new study for Cato, Drug Decriminalization in Portugal. Portugal is treating drug use as a health problem, not a crime problem, and it is working rather well. When Senator Webb’s commission gets assembled, this report ought to be at the top of its reading list.
To register for the Greenwald forum, go here. For a discussion on mass incarceration, go here. For more Cato work on crime and drugs, go here and here.
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