Federal Drug War Rethought

As both a U.S. Attorney and Member of Congress, I defended drug prohibition. But it has become increasingly clear to me, after much study, that our current strategy has not worked and will not work. The other candidates for president prefer not to address this issue, but ignoring the failure of existing policy exhibits both a poverty of thought and an absence of political courage. The federal government must turn the decision on drug policy back to the states and the citizens themselves.

My change in perspective might shock some people, but leadership requires a willingness to assess evidence and recognize when a strategy is not working. We are paying far too high a price for today's failed policy to continue it simply because it has always been done that way.

It is obvious that, like Prohibition's effort to eradicate alcohol usage, drug prohibition has not succeeded. Despite enormous law enforcement efforts -- including the dedicated service of many thousands of professional men and women -- the government has not halted drug use. Indeed, the problem is worse today than in 1972, when Richard Nixon first coined the phrase "War on Drugs."

Whether we like it or not, tens of millions of Americans have used and will continue to use drugs. Yet in 2005 we spent more than $12 billion on federal drug enforcement efforts. Another $30 billion went to incarcerate non-violent drug offenders.

These people must live forever with the scarlet letter P for prison. Only luck saved even presidents and candidates for president from bearing the same mark, which would have disqualified them from not only high political office, but also many more commonplace jobs.

The federal drug laws affect even those who have never smoked (or inhaled!) a marijuana cigarette. One of the lessons I learned while serving in Congress is how power tends to concentrate in Washington, and how that concentration of power begets more power and threatens individual liberty. The ever-expanding drug war is a perfect illustration of this principle.

We simply must bring our system back into balance. First, the federal government should get out of the "drug war" and allow states to determine their own drug policies. Rather than continuing to arrest and imprison people for offenses that do not directly harm other people, we should focus federal law enforcement on crimes involving serious fraud or violence, with identifiable victims. Even then, only where there is a clear and specific federal interest, should the federal government be involved.

As president, I would also begin dismantling the vast bureaucracies that have grown up as part of the drug war. My drug "czar" would diminish rather than expand the office. Importantly, the vast power of the federal government would no longer be employed to override the decision of the citizens of the states to reform their drug laws.

I also would review my presidential pardon and commutation powers as a possible means to reduce the number of people in federal prison for non-violent drug offenses. We can no longer afford the human and economic costs of imprisoning so many thousands of people for drug possession. This is the most destructive impact of drug prohibition.

With regard to the medicinal use of marijuana, it appears that politics, rather than true science, led to the government's classification of marijuana as a Schedule 1 controlled substance, preventing its medical use, and has blocked attempts to reconsider that classification. As president, I would direct the DEA to initiate, for the first time, a truly open, fair, and objective process to test and evaluate the medical potential of marijuana. Based on the studies that I have consulted, I believe the result would be reclassification of the drug.

Regardless of federal policy, the federal government should accept the decisions of the citizens of the states if they choose to allow the medical use of marijuana. As president, I would ensure that no executive branch official interfered in a state initiative or referendum campaign. I also would direct the Department of Justice and Drug Enforcement Agency to respect state law. Crimes of violence, whether involving drugs or not, must continue to be investigated and prosecuted by the appropriate law enforcement agencies.

None of this means that I believe drug use to be harmless, or appropriate for minors. For that reason I would encourage people and institutions throughout America, from churches to social agencies to sports leagues, to work together to address drug abuse. One of our nation's greatest strengths is the willingness of people to organize outside of government to solve human problems.

But treating what is, at base, a moral, spiritual, and health problem as a matter of federal criminal law has solved nothing. The next president must put politics aside and take a long, hard look at the failure of the federal war on drugs. We must reestablish the primacy of individual choice and state's rights in deciding these issues. This always has been the greatest strength of America, and should be again.

Bob Barr, a former member of Congress from Georgia, is the Libertarian Party's nominee for president.

Comments

[Jepps]

"absence of political courage" Seriously.­.. With the lack of attention the population has shown regarding the "issues" there is no way an honest discussion could take place prior to the election. Now, what one does after election is won will tell the tale. If Obama even mentions it now, he may as well have a grow house in his basement with drive up window open 24 hours a day because that is how "they" will portray him. The worst, LOTS of people will believe it!!!!!!
I agree it is an issues whose time has come. It'll be cool to use those billions to repair our Infrastructure and the DEA agents too!

[xdroog]

I'd like to see more Libertarian articles on Huffpost. They are the sane bastion of true conservatism and it's nice to get some different view points on here. They align with Liberals on some issues and on others they are polar opposites. Although I think they look better on paper than how successful a Libertarian administration would be in the real world they have my respect. Nobody adheres closer to the Constitution than these folks. I respect them about 100 times more than the current Republican party that's been hijacked by Evangelicals, Neocons and wiretappers. Thanks for popping in Bob.

[Adjuster]

As a roughly 20 year member of the Libertarian Party, who switched to the Dems in order to vote for Obama in the primary, I agree.
That being said, Congressman Barr comes late to the party and then only "wakes up" when it can benefit him. He will not get my vote this time around, however if he continues to support the Libertarian Party and their platform, after he loses this one, well maybe next time around I can believe and support him.

[Old time Dem]

I think that Bob has come to the right side of issues not so much through political expediency as through the wisodom that comes from experience. I for one will be supporting him this year. I believe our country does not have the luxery of waiting until the 'next time around'

I will say I am much more fearful of McCain/Palin than I am of Obama/Bide

[noapologies]

Thanks for true leadership on this issue, Mr. Barr. I wish I could say the repeal would come as quickly as it did for alcohol, but maybe your speaking truth to power will be the first step toward admitting that prohibition is a failure.

[PPINTACURA]

Thank you, Mr, Barr. A reasoned and logical move, which also offers the opportunity for the government to accumulate fees for regulation, and wider choices of lower cost of marijuana in particular.

and...let'­s not forget impeachment and the rule of law, charging those in the bush administration with high crimes, misdemeanors, fraud, felonies and racketeering.

[burndtdan]

Even after the presidential elections, keep pushing for our liberties.

I might not agree with you on every issue, but our liberties should be issues we all agree on.

[drjpba]

Bob Barr has come a long way.He has seen first hand what devastion the immoral,hi­ppocritica­l war on drugs has brought to individual loss of freedoms.H­e makes several good points.For those of you who are unfamiliar with the 10th Amendment thats what Bob is referring to when he mentions giving the power to the states,not allowing federal involment in these issues as it should be.Barr is looking more and more like my pick.

[unitron]

As someone observed on Slashdot the other day, the war on drugs has made it easier to buy meth than cold medicine.

[LiarLiarIraqsOnFire]

Good luck with that.

I'm all for the facts dictating policy, but as long as the REPUBLICAN leadership can toss around slogans like 'Soft on crime' with impunity our country will continue to pay the price, both literally and figuratively for Bad Policy Decisions made by Corrupt and Heartless Officials.

[TVI]

Mr. Barr,

I appreciate your well thought out comments. I so wish you hadn't been the one leading the charge to impeach President Clinton a decade ago. I'm not sure what the heck you were thinking back then, but I'm glad to see that you are a person who who can readjust his position when new evidence requires you to do so.

[Quaoar]

This is a good start in coming around to a reasonable point of view, Bob. Now could you also rethink your views on abortion and other issues?

[ChaoticGood]

In my small town in Northern California, we do not prosecute Marijuana possession and do not cooperate with DEA on their many raids. Our police are instructed to not assist DEA or to take DEA's perps to our jails. The DEA still flys over us and sprays noxious chemicals on us every year. Many people fall ill from this yearly frivolous exercise. We usually try to publish the spraying days so that the elderly and children can be protected from the overspray. I am glad that you have seen the light concerning marijuana.
In general, I believe that Federalism has gone too far and it is time for more states rights to balance the power in this country. Too much concentration of power in DC is the root cause of many of our problems in the USA. This balance of states rights vs. central government power pre-date our constitution and have been argued since MagnaCarta.
Our current method of choosing a President is a vaudeville show, filled with clowns, villains, pratfalls and pie fights. The artificial divisions created by the "Property Party(s)" are just platforms to spout extremism and stupid notions. I am afraid that the only solution to this endless parade of silliness is that we Americans must be economically "flogged" into sobriety. That economic disaster is on its way and no matter who is elected President, will have to contend with America's economic decline. The only issues are how far? and how fast?

[NoSillyName]

ChaoticG, I could not agree more with your assessment of the American way of choosing a president. This infuriates me every four years, not to mention during the incredible lead time preceeding the Big Event. What's worse is then the near impossibility of ejecting an incompetent from the office. As an individual, I feel powerless, disgusted, and ready to drop out.

Sorry the DEA is retaliating against your town. Sick fools on a sick mission.

[RumiSouth]

Thank you for taking up the Libertarian mantle, Rep. Barr. The best of the GOP is beginning to see the light and step away from the party of intolerance and hypocrisy. I wish you could be included in the debates to talk about this issue as well as habeus corpus, the "war" on terror, and so much more.

[ricchase]

The "War on Drugs" is and always has been a total sham. For the most part, the only people ever "brought to justice" as a result of this "war" are poor, inconsequential, minor street dealers and hapless users. The hook is the enormous amount of money supplied by the government (taxpayers) to keep the machine going and a few people very rich. And when there actually is a significant drug seizure, what happens to the drugs? They are never seen again, except for occasional, token marijuana burning spectacles for the media. From Iran/Contra to Afghanistan to Panama (Noriega), drugs have been at the center of government shenanigans and worse. You of all people have to KNOW the CIA is the premier drug dealer of the world. Drug use should be decriminalized, treated as the illness it often is, and taxed when bought and sold in small, personal use amounts. Empty the prisons of the millions of non violent, virtually harmless poor people and direct government efforts at something honest and responsible to benefit society and stop preying on people to justify more MONEY!!! Go after the real criminals in government.

[Geauterre]

I can understand Mr. Barr's comments relating to drug policy, but when it comes down to states having the last say in the matter, that's kooky. The freedom to choose, must be universal. If not, then any kind of nutcase in a state government could overturn common sense in the matter, and do we really want court battles over that?

[Heavenhelpusall]

It's good to a candidate have time to think about the country. Seems the others are slinging and ducking mudpies.