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Jamie Haase

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The Fallacy of the DEA: Why the Agency Needs to Concede to Legal Marijuana

Posted: 07/09/2012 7:00 pm

There's no denying the pressure that the Drug Enforcement Administration must be feeling lately. The popularity behind the marijuana legalization movement is at an all-time high, and prohibitionists are jumping ship at record rates to support cannabis reform. The drug agency has never been without opposition in its near 40 year history, but it's hard remembering a time when there's ever been this much heat on the narc outfit. The DEA is obviously still alive and well at present, but government bureaucracies are in no way immune from having to evolve with the times for lasting survival.

Looking back, 1973 was an epic year in the United States. The Supreme Court ruled on Roe v. Wade in January, the Watergate hearings began in May, the legendary thoroughbred Secretariat won the Triple Crown in June, and then a month later in July, the world was introduced to the biggest narcotics police conglomerate ever known to man: The United States Drug Enforcement Administration.

I say conglomerate because the DEA wasn't created from thin air. Instead, several existing agencies gelled together to form the inaugural drug enforcement monopoly. The main forerunners to the Justice Department's newest play-toy were the Bureau of Narcotics and Dangerous Drugs (BNDD), the Office for Drug Abuse Law Enforcement (ODALE), the Office for National Narcotic Intelligence, and many of the enforcement components from the U.S. Customs Service. These agencies ceased to exist entirely once the DEA came onto the scene, excluding Customs of course, which only relinquished some of its arsenal to the new kid on the block.

Coincidentally, the U.S. Customs Service was the first federal law enforcement agency I worked for, though it was several years later and towards the end of the organization's historic span when I was employed. I bring this up because the fate of U.S. Customs, as it was under the Treasury Department, is a perfect example of the government evolution I alluded to earlier. Ultimately, neither the Customs Service nor the Immigration and Naturalization Service (INS) could stand the test of time as standalone entities post-9/11, thus the merging of their authorities under the newly formed Department of Homeland Security (DHS) in 2003.

Going back to the DEA's similar rocky formation, President Richard Nixon's purpose for establishing the agency was to have a single and streamlined unit at the federal level to combat the nation's growing problem of drug consumption. Leading up to that point, the feds had no real teeth to combat the illicit narcotics industry. Actually, it's not that the feds didn't have the teeth, it's more that they weren't chewing and operating in sync with one another (as is still the case today with the constant red-tape and rivaling between certain agencies).

The concept of having a centralized narcotics bureau might have been admirable in the early seventies. However, we're now witnessing the long-term flaws associated with creating such a robust agency with the sole purpose of drug enforcement, especially considering one of the DEA's biggest targets is marijuana (which is obviously a commodity becoming more and more acceptable every day).

The growing tolerance towards cannabis poses a huge risk for the DEA, or at least the agency seems concerned with pot going mainstream. If this weren't the case, they wouldn't be so relentless in their fight against the medical marijuana industry. Polls consistently show that the use of cannabis via doctor recommendation is welcomed by almost eighty percent of the population. Yet, the DEA refuses to throw in the towel when it comes to this costly and unpopular crusade, even if it means trampling all over the rights of state and local governments in the process. Common sense should tell the DEA to give up on marijuana entirely at this point, including policing against recreational usage, which a majority of Americans now believe should be legally on par with alcohol consumption.

Many long-term factors were neglected when the DEA was formed in 1973. For example, what if public perception changed over time and people later determined that drug abuse and addiction should be treated as health issues rather than law enforcement ones? Or what if society came to agree that prohibition's caustic side effects weren't worth fronting a fruitless multi-billion dollar drug war each year? Or what if citizens deemed that one illicit substance in particular, the one realistically funding more of the DEA's annual enforcement budget than any other, was a plant that could generate a taxable fortune for a country in need of financial aid more than ever?

Unfortunately for the Drug Enforcement Administration, the organization is single minded for the most part, meaning there's no backup plan should Americans one day decide to do away with prohibition altogether. As a result, the agency has a vested interest in maintaining the Controlled Substances Act as it now stands. This is why the agency fights tooth and nail over losing its grip on any banned substance, let alone the most popular and abundant one.

Other agencies (i.e. FBI, ICE, ATF, etc.) have wider scopes, broader authorities, and more mission flexibility. If the threat from terrorism ended tomorrow, the FBI would certainly survive due to the agency's array of enforceable statutes. Likewise with ICE's investigative division, Homeland Security Investigations (HSI), as this DHS component actually has the broadest statutory authority of all federal investigative agencies.

One factor often overlooked regarding the futility of drug policing is the fact that the relationship between drug suppliers and drug users is essentially victimless. It's not as if Chapo Guzman and company are down in Mexico with their guns drawn to the heads of Americans, forcing their products into the mouths and noses of Yankee gringos. Rather, it is Americans seeking out the services of the cartels, and ironically and unfairly for Mexico, drug traffickers south of the border have American guns drawn amongst themselves as they compete over U.S. business.

The horrific bloodshed below the Rio Grande is reason enough to legalize marijuana entirely and immediately at this point, and for Americans who still don't get it, our shared boundary with Mexico is 1,969 miles long and unsecured. It's obvious the violence can't remain isolated to only Mexico if it's allowed to foster long enough. Indeed, the Department of Justice reports that Mexican cartels have already set up shop in more than 1,000 U.S. cities.

The southwest border will never be fully secured as long as much of the trade between South and Central America crosses America's southern border. However, there's no denying we'd be much safer if it weren't for the constant criminalization of our neighbors to the south. Illicit marijuana revenues make up around sixty percent of cartel profits per the Office of National Drug Control Policy (ONDCP), and it's the earning potential from this substance alone that tempts and lures most recruits into the narco game. Maintaining marijuana's illegality is only producing, enriching, and weaponizing more and more psychopath killers in Mexico, while simultaneously wasting valuable and scarce resources here in the United States.

Just recently, the DEA's administrator, Michele Leonhart, only reaffirmed her agency's stubborn position on marijuana. She was questioned in front of the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, and it's intriguing to me that a congressman from Tennessee, Steve Cohen, was the one who grilled Leonhart the most on the DEA's outdated stance towards cannabis. Not because Tennessee ranks second to only California when it comes to the domestic production of marijuana, but mostly because I imagine the DEA feels confident hedging its bet on "indefinite marijuana prohibition" with southern conservative mindsets. However, as a speaker for Law Enforcement Against Prohibition (LEAP), who is tasked with giving presentations in some of the bible belt's deepest parts imaginable, I feel confident stating that I don't think the south will be the DEA's saving grace when it comes to deterring pot legalization.

Obviously the Drug Enforcement Administration is at a crossroads right now, and in no way am I implying the organization should be eliminated or disbanded. However, when it comes to marijuana the ballgame is over, and resources need to be drastically and quickly shifted. The agency needs to bow down gracefully to cannabis's legitimacy at this point, instead of continuing to prolong the inevitable. The government was set up to be run by the people for the people, and it's time for the DEA to recognize this. It might've been in 1971 when President Richard Nixon declared drug abuse to be public enemy number one, but it's nearly half a century later today, and prohibition itself has now become a much bigger nuisance to society (especially concerning marijuana).

Jamie Haase, a speaker for Law Enforcement Against Prohibition, is a former Immigration and Customs Enforcement agent.

 
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There's no denying the pressure that the Drug Enforcement Administration must be feeling lately. The popularity behind the marijuana legalization movement is at an all-time high, and prohibitionists a...
There's no denying the pressure that the Drug Enforcement Administration must be feeling lately. The popularity behind the marijuana legalization movement is at an all-time high, and prohibitionists a...
 
 
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09:34 PM on 09/07/2012
Very enlightening ! It's common sense people, we must get the DEA to back off marijuana prohibition. 80 % of Americans feel this is right. It's by the people and for the people. It's time for the DEA to back off or we close all your doors !
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HUFFPOST SUPER USER
Ystorm
dumb people make me angry.
12:49 AM on 09/07/2012
Well, NOT the majority of americans want weed to be legal. The majority of losers and lazy people do but the ones that have any sense do not want it. If it is so safe, how come everyone that I have known that used it has been using harder drugs? you tell ME it isn't a gateway drug I can show you at least 20 people that I have grown up with that have turned into druggies because of their 'fun' with pot.
06:14 AM on 09/07/2012
well, telling people what to do and how to live is not the answer. its something each and every person has to figure out for themselves. threatening users with jail time, and realising that goal through enforcement has only the net effect of creating more convicts (for what?) ruining more lives, and driving people into more unseemly lifestyles through disenfranchisement and lost opportunity. the police have had enough 'fun' arresting non-violent users. wake up and smell the buds, prohibition doesnt work. maybe the people you grew up with arent so bad after all. labelling a person a druggie, is almost as bad as being racist or homophobic, or are you those things too?
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Dean Dalton
10:36 PM on 09/07/2012
90% of the people I know have at least tried weed at one time or another in their lives. I earn a six figure income and am world traveled. Have you looked into other countrie's attitudes towards drugs?
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09:26 PM on 09/06/2012
All it would take is enough people and enough seeds, we could cover the country in marijuana plants.

.......and then roll around in it, because that would be some good stinky fun =D
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Robert Kyte
10:29 AM on 09/06/2012
This is the one thing I can guarantee would solidify President Obamas re-election no question about it ,not only would it help the economy but there would be a lot less crowding in jails ,thereby saving the government millions in tax dollars.
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Ken Kellogg
SJS grad retired chemist/mechanic
08:15 PM on 09/04/2012
The DEA show some common sense? Yeah Right.
They have WAY too much money and people and prisons and laws invested in our 40 year old drug war to concede anything
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junkiejava3
DENTAL FLOSS TYCOON
03:35 PM on 09/04/2012
It was a mistake to make it illegal in the first place.Get over it .We could put a nice dent in the deficit plus all the other topics brought up on this page. IMHO THANK-YOU
03:44 AM on 09/03/2012
Marijuana causes brain damage so let's not legalize it.
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AmKonDotNet
Legalize Hemp!
08:55 PM on 09/03/2012
false, in fact the exact opposite may be true.

http://www.ncbi.nlm.nih.gov/pubmed/22731735

"Results indicated no significant effect of cannabis use on global neurocognitive performance or any effect on the eight assessed domains. Overall, these meta-analyses demonstrate that any negative residual effects on neurocognitive performance attributable to either cannabis residue or withdrawal symptoms are limited to the first 25 days of abstinence. Furthermore, there was no evidence for enduring negative effects of cannabis use."

http://onlinelibrary.wiley.com/doi/10.1111/j.1360-0443.2011.03574.x/abstract

"Cessation of cannabis use appears to be associated with an improvement in capacity for recall of information that has just been learned. No other measures of cognitive performance were related to cannabis after controlling for confounds."”

Marijuana might cause new cell growth in the brain

http://www.newscientist.com/article/dn8155-marijuana-might-cause-new-cell-growth-in-the-brain.html
07:40 AM on 09/04/2012
Who made you supreme ruler? If people want to kill brain cells,it's their choice.
08:08 AM on 08/31/2012
I am a conservative Republican and have been an outspoken proponet of legalizing marijuana for more than 30 years. We know all the arguments why we should and basically there are very few why we should not. Let me ask the DEA - when was the last time you heard of a motorist getting killed by a drunk driver? Answer - all the time! And, when was the last time you heard of a motorist getting killed by someone that had been smoking pot? Answer - never, or certainly almost never! In my many discussions over the years I have found exactly one person who said it shouldn't be legalized and I question his competency anyways. Lets start doing something that makes "sense" in this country instead of the many laws that do not.
12:22 AM on 09/04/2012
Are you kidding me? You never heard of anyone getting involved in a MV accident high on marijuana? As as cop for 30 years I cannot tell you how many times there were MV accidents where the operator was high on marijuana.
I don't know where you got your facts but they are certainly NOT ACCURATE or TRUTHFUL.
Just look at all the arrests we make for operating under the influience of drugs and then get back to me. Check the US Department of Justice website for real facts.
And by the way....there are more valid reasons to cite for legalization but that is NOT one of them,
07:41 AM on 09/04/2012
I drove high for 25 years,never had an accident.Your argument is unproven.
06:13 PM on 09/04/2012
my facts come from my nephew a Police Sargent in a community outside of Cleveland, OH; television, radio, and newspapers where I've never seen, read, or heard of one traffic fatality due to the driver being "high"....
10:57 AM on 09/05/2012
Excellent comment ! Very well said.
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Katie Bramblett
07:24 AM on 08/30/2012
It seems the true addicts these days are the DEA, the prison industry, and local and state police forces throughout the country, toking furiously on the joint of bodacious tax dollars. . Nobody with half a brain can fail to see that marijuana prohibition causes far more harm than the drug itself, while forcing us to fund hundreds of billions a year for enforcement, the courts and prisons. The cartels love our stupid laws too, just as the bootleggers during alcohol prohibion, as the laws themselves create the huge profit for the criminalized drugs. End the war on drugs, save hundreds of billions of dollars, and take a new track on the truly dangerous, addictive drugs on the market now.
12:28 AM on 09/04/2012
Let me ask you this...do you believe that there would be LESS crimes commtted by persons who are looking to purchase legal marijuana?
Do you know that either legal or illegal would not have an impact on the crime rate for people who want to purchase these products legally or legally. Perps still need money either way to buy legally or illegally.
The war on drugs also curtails the war on terrorism. Terrorist and the drug cartels do business together. They each feed on one another.
The terrorist learned how to circumvent our borders by teaming up with the drug cartels in Mexico.
End the drug war and let the terrorist and drug cartels destroy this country even further.
Bright comment.
07:46 AM on 09/04/2012
You sir,are becoming the minority.Thank goodness for that.If your so against legalizing such a so called dangerous drug,then why havent I heard your name mentioned in a campagne to prohibit alcohol use?Alcohol,a KNOWN killer of hundreds of thousands.
08:00 PM on 09/04/2012
There was a war on drugs long before our current war on terrorism. In fact, one of the biggest problems the USA has in the global community is our reputation for strong-arming other countries due to our own "war" on drugs. If drugs were legal, would there really be drug cartels? Bright comment.
11:00 AM on 09/05/2012
Very good way of phrasing it. I had never thought of it that way. Good comment.
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Jose3
08:44 AM on 07/24/2012
The internet is responsible for overcoming the propaganda spewed by the DEA since Nixon. In the past it was possible to control the major news outlets, but so far it has been impossible to stop the flow of information on the internet.

The government has been trying to stop the flow of information on the internet with SOPA, etc. but so far has been unsuccessful.

As long as the internet remains mostly free, the legalization of marijuana is inevitable.
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ChknLvr
Robamney2012!!
07:39 PM on 07/20/2012
One of the best pieces I've ever read here or on the subject in general. Kudos!
11:21 AM on 07/16/2012
DEA go AWAY! Let PATIENTS see a BETTER DAY!
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12:58 AM on 07/16/2012
The DEA needs to be totally disbanded. They have repeatedly shown they are determined to act against science and the people's will in their insane persecution of marijuana consumers.

Take away the badges, guns and authority of these rabid animals.
04:34 PM on 07/16/2012
I think "rabid criminals" is more precise.
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Katie Bramblett
07:27 AM on 08/30/2012
No doubt. These are the same bozos who claim pot today is some 20,000 times more potent that in 1970, which is complete horse$hit. Time to bring these thugs to heel, and embrace our constitutional rights of freedom.
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Right Whale
05:57 PM on 07/14/2012
OK, I'll agree with you on the leagalization of pot..but what about American coporations and other employers. They can refuse to hire pot smokers. Just like they can refuse to hire tobaccoo users.So you're no farther ahead. ans waht about the looby for the testing labs? they aren't going togo down without a fight. I have a friend whio is in management of a company and smokes all evening then gets up at 3am to take a few bong hits and goes back to sleep..He can do it because his companuy only tests labor and not management.
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12:52 AM on 07/16/2012
When we re-legalize marijuana, companies will no longer be able to administer tests that only show if employees have consumed some time in the last month. They will only be able to test for on-the-job impairment.

No reformers I know have a problem with that.
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Right Whale
05:43 AM on 07/16/2012
Correct, no one is suggesting that employers allow employees to come to work impaired,, I know a lot of people that weren't really drinkers until they had to stop smoking pot. AN employee hung over from alcohol consumption is a bigger problem than someone who smoked a joint the night before. Beisdes, employers could benefit from employees returning to work relaxed, refreshed and with a better attitude.
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Jose3
08:45 AM on 07/24/2012
Most of those places would be places that you don't want to work at, like Walmart.
03:09 AM on 07/12/2012
Okay... So medical marijuana is retarded. Its on the market already as MARINOL, it creates stupid nearly impossible to enforce regulations and stretches local law enforcement agencies budgets to enforce. Either legalize and be done with it or not, and enforce the hell out of it... At this stage I do not see the latter being realistic. So do the former and turn the resources on prescription drug abuse, meth, heroine, cocaine, lsd, "X", and the host of other drugs that lend to crimes that have "real" victims.
11:26 AM on 07/20/2012
Hey Steve let me make an analogy for you. Marinol contains only a synthetic version of thc, which is only one of the active compounds in cannabis. Thus it would be like if oranges were found to be both psychoactive and medicinal, and thus outlawed. However the government justified it by saying there is no need for the medicinal use of oranges because we have synthetic vitamin C. This would only help people who just needed vitamin C, just as Marinol will only effectively treat a very small range of aiments compared to properly cultivated cannabis. You need the full-range of compounds for most peoples medicinal needs. So the idea of marinol being the end-all be-all for medicinal marijuana is whats truly retarded.