CBS News Reports on Prospects for Drug Policy Reform
CBS News has a good report out on recent developments in drug policy, including extensive coverage of the Cato report, Drug Decriminalization in Portugal. Here’s an excerpt:
Portugal’s case is important, Greenwald says, because it provides hard evidence that removes the debate from the realm of speculation.
“If you’re the first state to do it, there’s really no way you can point to evidence of what will or will not happen. … It’s just theory and it’s very abstract,” he said. “The more examples that arise and the more that you can prove that the sky doesn’t fall in,” he said, the more politically feasible drug liberalization will become in the U.S.
So far, Portugal has largely flown under the radar, even in drug policy circles. But Greenwald says that, six months after his paper was released, he’s getting more invitations than ever to present it. In August, New York Times columnist Nick Kristof cited it in a column praising Webb’s reform push.
Read the whole thing. For more Cato scholarship on drug policy, go here.
George Will and Drug Decriminalization
George Will’s latest column takes a look a drug policy and the views of the new drug czar, Gil Kerlikowski. Notably, Will mentions Portugal’s experience with decriminalization of all drugs since 2001 and says Kerlikowski is aware of the Portuguese policy as well. Cato published a report on Portugal’s drug policy in April and the author, Glenn Greenwald, discussed his findings at a Cato policy forum here. George Will’s shifting views on drug policy (toward liberalization) reflect the shifting views of other conservative pundits and the public more generally.
Will appeared on ABC on Sunday, and discussed his views on drug policy. Watch:
For more Cato work on drug policy, go here, here, and here.
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.
Monday Links
- Under new policy guidelines from the Obama administration, federal drug agents won’t pursue medical marijuana users and suppliers as long as they follow state laws. Cato scholars have long called for drug policy reform, and have examined other drug decriminalization program that have shown tangible, positive results.
- Ignored by the media: Antarctic ice melt lowest ever measured.
- Obama visiting China in November to discuss expanding military agreements. Here’s what’s at stake.
- Video: Why American health care kills.
- Podcast: “Coerced into Medicare“
Drug War Insanity Goes Up in Smoke
As my colleague David Rittgers notes below, the announcement by the Department of Justice that it will no longer seek to arrest medical marijuana users is a breakthrough for common sense in federal drug policy.
It is bizarre that it takes a major policy announcement to spell out what a waste of police and court time it is to investigate the ill people who use medical marijuana. Historians will surely look back on this period and ponder how our government could have seriously embraced the opposite policy, in the same way we look back at the strange days of alcohol prohibition.
The Obama administration should be taking much bolder steps to stop the criminalization of drug use more generally. More and more people have come to recognize that the drug war has been given a fair chance to work, but it has proved to be a grand failure.
Good News on Medical Marijuana
The Department of Justice is changing its long-standing policy of ignoring state laws that allow marijuana use for medicinal purposes. This federalism question played out several years ago in the Supreme Court in the Raich case; Cato’s amicus brief is available here.
Cato hosted Rob Kampia of the Marijuana Policy Project in March, and you can view the event here. Glenn Greenwald wrote an influential study for Cato on the successful decriminalization of drugs in Portugal. Greenwald notes that he gets more invitations to speak on the subject now than he did when it was published.
A good first step. Fourteen states permit medical marijuana dispensaries; I suspect more are on the way now that this hurdle has been cleared.
Wednesday Links
- More policymakers coming around to the idea that it is wrong to jail drug users as criminals.
- How Obama’s protectionist policies are hurting the poor.
- “Checks and balances” be damned: “In a democratic country, you’d think that before the executive branch could regulate CO2–a ubiquitous substance essential to life–the legislature would have to vote on the issue. But you’d be wrong.” Somewhere, Thomas Friedman is smiling.
- Podcast: Next week marks eight years since the U.S. invaded Afghanistan. It’s time to get out. Read the exit strategy.
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.
Weekend Links
- Jack of all trades and master of none: What happens when the government gets so big that it fails to fulfill its most important role.
- The hard truth about end-of-life care in America.
- If current trends continue, the U.S. government will soon spend a greater portion of GDP on Medicare and Medicaid than Canada now spends on its entire single-payer government-run system. Here’s a way to fix that.
- How about a little honesty from time to time in the tobacco policy debate?
- More drug-related chaos along the Mexican border.
- Go North Young Man! Will Wilkinson becomes “forever Canadian.”
Obama’s Health Care Speech in Plain English
Hell of a speech last night, eh? Here are a few of my favorite gems.
Under this plan, it will be against the law for insurance companies to deny you coverage because of a pre-existing condition.
Translation: I, Barack Obama, ignoring thousands of years of failed price-control schemes, will impose price controls on health insurance. I will force insurers to sell a $50k policies for $10k. What could go wrong?
We were losing an average of 700,000 jobs per month.
True. And your employer mandate would kill hundreds of thousands of low-wage jobs that would never come back.
They will no longer be able to place some arbitrary cap on the amount of coverage you can receive in a given year or a lifetime. We will place a limit on how much you can be charged for out-of-pocket expenses…. And insurance companies will be required to cover, with no extra charge, routine checkups and preventive care.
Translation: Boy! Are we going to force you to buy a lot of coverage!
I will make sure that no government bureaucrat or insurance company bureaucrat gets between you and the care that you need.
…except for the bureaucrats I proposed to put between you and your doctor.
Some… supported a budget that would have essentially turned Medicare into a privatized voucher program. That will never happen on my watch. I will protect Medicare.
Translation: I will never let seniors control their own health care dollars. I will never give up Washington’s control over your health care decisions. Mmmmuuuuhahahahahaha!
…there are too many Americans counting on us to succeed.
Translation: There are too many lobbyists counting on me to succeed: drug-industry lobbyists, health-insurance lobbyists, physician-cartel lobbyists, large-employer lobbyists, hospital lobbyists….
It’s a plan that asks everyone to take responsibility for meeting this challenge – not just government and insurance companies, but employers and individuals.
Translation: I’m going to tax the hell out of you, but I don’t want you to notice how much I’m going to tax you. So I’m going to tax employers and insurance companies, and they’re going to pass the taxes on to you. Most of the taxes won’t even show up in the government’s budget. It’s all very clever. No, seriously – just ask my economic advisor Larry Summers.
It’s a plan that incorporates ideas from Senators and Congressmen; from Democrats and Republicans – and yes, from some of my opponents in both the primary and general election.
Translation: I may have savaged your ideas in the past, called them irresponsible…risky…dangerous…whatever. But that wasn’t about principle; I just wanted to become president. Now that I’m president, I need a win. So you’ll help me, won’t you? Hey, where’s Hillary?
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
Argentina Decriminalizes Personal Drug Consumption
Following in Mexico’s footsteps last week, the Supreme Court of Argentina has unanimously ruled today on decriminalizing the possession of drugs for personal consumption.
For those who might be concerned with the idea of an “activist judiciary,” the Court’s decision was based on a case brought by a 19 year-old who was arrested in the street for possession of two grams of marijuana. He was convicted and sentenced to a month and a half in prison, but challenged the constitutionality of the drug law based on Article 19 of the Argentine Constitution:
The private actions of men which in no way offend public order or morality, nor injure a third party, are only reserved to God and are exempted from the authority of judges. No inhabitant of the Nation shall be obliged to perform what the law does not demand nor deprived of what it does not prohibit.
Today, the Supreme Court ruled that personal drug consumption is covered by that privacy clause stipulated in Article 19 of the Constitution since it doesn’t affect third parties. Questions still remain, though, on the extent of the ruling. However, the government of President Cristina Fernández has fully endorsed the Court’s decision and has vowed to promptly submit a bill to Congress that would define the details of the decriminalization policies.
According to some reports, Brazil and Ecuador are considering similar steps. They would be wise to follow suit.
Filed under: International Economics and Development; 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
Drug Policy Debate Is Under Way in Latin America. What About the U.S.?
The First Latin American Conference on Drug Policies was held last week in Buenos Aires, Argentina. This was a high-profile event sponsored by the United Nations, the Pan-American Health Organization, the Anti-Drug Latin American Initiative on Drugs and Democracy, the Open Society Foundation Institute, and the Dutch and British embassies. Among the participants were high ranking government officials and experts from Argentina, Brazil, Ecuador and Peru.
According to the Buenos Aires Herald, the main conclusion of the conference was that:
The tough approach adopted by Latin America and the US over the past two decades to combat drug trafficking and consumption has failed miserably and a new, more humanitarian view focused on decriminalizing possession for personal consumption and helping addicts while concentrating efforts in fighting large traffickers must be adopted.
My colleague Ian Vásquez and I have written before on how Latin Americans are increasingly getting fed up with the War on Drugs. A serious and open debate about the future of drug policy in Latin America seems to be underway. The question remains on whether Washington is paying any attention to this.
Filed under: Foreign Policy and National Security; International Economics and Development; Law and Civil Liberties
Bob Barr on Drug Reform
President Obama’s new drug czar, Gil Kerlikowske, says he wants to banish the idea of a “war on drugs” because the federal government should not be “at war with the people of this country.”
At a Cato policy briefing on Capitol Hill on July 7, former Republican congressman Bob Barr, once a leading drug warrior in the House, explained why carrying out an end to the “war on drugs” will require a bipartisan solution.
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!
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.
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