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Mark Osler

Mark Osler

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Narcotics: Attack Capital, Not People

Posted: 05/10/11 05:09 PM ET

The war on drugs is over. Drugs won.

There seem to be two common answers as to what to do next. The political establishment (including the Obama administration) largely supports doing the same things we always have -- locking up lots of people who are selling, making or carrying drugs. Meanwhile, increasingly vocal groups of reformers on both the right and left support the legalization of narcotics.

They are all wrong. Supporters of the same tactics we have pursued for decades need to recognize the failure of that enterprise. Many drugs are cheaper, purer, and more widely available now than they were twenty years ago. Legalization proponents, meanwhile, ignore the dire social consequences of narcotics like crack cocaine and methamphetamine (they have a stronger argument in relation to marijuana). There simply is no ignoring the way hard drugs can rip apart the social fabric of a family or community -- especially in areas that are already economically vulnerable.

There is a third way, however, and it is worth pursuing in relation to hard drugs. Narcotics trafficking is a business, and we need to make that business fail. Our primary tactic thus far has been to try to deprive the traffickers of low-wage labor by incarcerating the street dealers, mules, and local managers within that business. No wonder it hasn't worked -- we have done this in an economy awash in available low-wage laborers who have few other opportunities. There is an endless line of replacements for the workers we incarcerate.

Instead of attacking labor, which is plentiful, we should attack the capital flow from the street to source countries. We don't have to grab all of the money in that stream -- just enough of it to exceed the profit margin. Say that a Mexican cocaine exporter is making a healthy 30% profit. If we interdict 31% of the cash flowing back to him over time, we will make him either close up shop or find other markets outside the United States. Unlike labor, capital is difficult for drug networks to find, as traditional loans are unavailable and they cannot sell stock or bonds to raise money. The importance of cash flow is magnified because of these restrictions, and thus more vulnerable.

The time is right for this new focus. Since 9/11, our intense work to de-fund terrorism has led to the development of new techniques and expertise in tracing sophisticated financial transactions. Taking the money out of the flow does not even require a criminal case; a civil forfeiture action will suffice. I'm not talking about the penny-ante forfeitures we pursue too often now, seizing a drug dealer's car here and a house there -- I want to directly attack and convert the millions of dollars streaming back to the source.

Taking the money rather than the people would be both simple and rewarding. We get to keep the money, of course, and narcotics enforcement could become self-financing rather than a drain on state and federal resources. It would take fewer investigators to employ this tactic, and another by-product would be greatly reduced prison costs.

Most importantly, this re-conception of fighting narcotics has a chance of actually working.

Without capital, there is no product -- there is no mule carrying drugs over the border, there is no dealer on the street corner, and there is no baby left alone while her mother buys meth. We are a nation that believes in freedom and markets, and we now need to use markets rather than prisons to solve this problem.

 
 
 
 
 
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01:24 PM on 06/02/2011
Some years ago the suggestion arose to stop printing $100 bills without which the drug trade could not exist. The proposal dropped out of sight almost immediately. My assumption was that banks raised a stink since this would force them to lose the considerable revenues involved in money laundering. Was this true?
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Angie Tyne 1
I want my disagree button!!
06:52 PM on 05/11/2011
We have seen over and over again that prohibition does not work. This is primarily because we continue to use the same tools over and over again to try to rein in human drives. We wind up driving up revenue and as you stated never getting near the top executives.

While I would like to see a reevaluation of some drugs (pot especially) I think that the approach you suggest would be an elegant solution. I hope you succeed in gaining the ear of those who can implement what you suggest.
05:26 PM on 05/10/2011
Find out why more and more cops, judges, and prosecutors who have fought on the front lines of the "war on drugs" are standing up and saying we need to legalize and regulate all drugs to help solve our economic, crime, and public health problems: http://www.CopsSayLegalizeDrugs.com
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Mark Osler
05:40 PM on 05/10/2011
Tom-- I'm a former prosecutor, and I very much disagree with you (except as to marijuana). Crack and heroin are just too destructive to families and communities to legalize.
11:48 AM on 05/13/2011
Thanks for replying, Mark. LEAP recognizes the great harm of the drugs you mentioned, but also recognizes that the current laws make the drugs more dangerous, not less, by forcing everything underground and sending all the money to organized crime. Under strict legalized regulation, we could not only have potency and dosage regulations, but could also send much of the money that is currently being wasted on the criminal justice system right now into treatment and prevention. Plus, when we remove the criminal stigma, people won't be afraid to call for help during overdoes situations and will be more likely to enroll in treatment for help they realize they need. Saying you want to legalize cocaine and heroin doesn't mean you think those drugs are good things to use. It's just a recognition that the current policy doesn't do anything to prevent abuse or help people suffering from addiction. In any case, perhaps you and LEAP can team up on some marijuana efforts in the future. Feel free to email me at media@leap.cc to discuss further. Thanks for your work on this issue!