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Neill Franklin

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Let's Legalize Drugs to Save Cops' Lives

Posted: 05/11/11 11:29 AM ET

This week, tens of thousands of police officers and their families will travel to Washington, DC to commemorate law enforcers who have lost their lives in the line of duty. To me, a 34-year veteran cop in Maryland, the roster of fallen comrades to be read on Peace Officers Memorial Day is far too long, and especially troubling is that so many of these deaths needlessly resulted from police being charged with enforcing an unwinnable war on drugs.

Deputy U.S. Marshal Derek Hotsinpiller, 24 years of age, never should have died the way he did: gunned down in February when a drug suspect opened fire during a police raid in Elkins, West Virginia.

And in a just world, U.S. Immigration and Customs Enforcement Special Agent Jaime Zapata would not have been shot to death in his car earlier this year by a drug cartel in San Luis Potosi, Mexico.

Sadly, there's nothing unique or new about such drug war deaths.

A decade ago one of my best friends, narcotics detective Corporal Ed Toatley, died needlessly when he was ambushed by a drug dealer during an undercover drug buy gone wrong in Washington, DC.

Undoubtedly, my friend and these other brave law enforcers paid the ultimate price for a well-intentioned effort to combat drug problems in our society, and we cannot forget their sacrifices. But, in their honor, we do have to ask: Was it necessary?

In a word: No. Despite a decades-long drug war in which a trillion dollars have been spent arresting, prosecuting and jailing millions of people, drugs today are more prevalent, cheaper and more potent than ever before.

Thinking back to my own law enforcement career, I now realize that the more people we arrested and the more drugs we grabbed, it didn't really make a dent -- never mind a significant impact -- in the drug trade. We were making ever-bigger busts yet were continually falling behind the traffickers. I confess that questions of futility did pop into my head from time to time throughout my career, but I usually pushed them aside quickly. I was caught up in the excitement of collaring the next bad guy. And many of the guys we took off the street were in fact bad.

But, eleven years ago, my grief and anger over Ed Toatley's death made these questions I had been avoiding harder to ignore. Why was it that for each bad guy we took off the streets, there was always a new one ready to step in and fill the lucrative job opening? Why weren't drug use and addiction rates going down no matter how many tons of drugs we seized? Why does the drug trade grow larger, more entrenched, and more deadly despite all we have done for so long?

These issues aren't easy to confront after having spent so many years of my own life trying to help solve the drug problem through policing. But, in the interest of being honest with myself, I now have to admit: It doesn't work and it isn't worth the price so many of my colleagues end up paying.

So, since 2008 I've been working with LEAP, Law Enforcement Against Prohibition. We are former and current police officers, judges, prosecutors, prison wardens, federal agents and other criminal justice professionals who have seen more than enough of the "war on drugs" up close to know that it's a failure and that we need a new approach.

LEAP believes that the war on drugs is not only ineffective at reducing drug problems but has actually made them much worse. The drug war has become a massive, self-perpetuating policy disaster with no positive returns (except to the gangs and cartels that control the illegal market) and huge costs - including a large percentage of the lives lost in law enforcement.

In no way does this deny the great work done, and huge sacrifices made, by law enforcement professionals for decades. The reason we can never win the drug war isn't because police haven't tried hard enough or aren't as skilled as we need them to be. It's because the task we've asked them to accomplish is impossible. We will never reduce the drug trade through prohibition. In fact, more of the same will keep strengthening drug traffic.

History shows that no level of law enforcement talent, commitment, and resources can ever end activities that are very popular and obscenely profitable. (Remember alcohol prohibition?)

Ed Toatley and so many other police have died in a war we can't win. How many more will need to perish before America musters the collective courage to chart a new course? Let's honor the memories of our fallen colleagues by ending the war on drugs. It's the best step we can take to ensure that none of them will have died in vain.

Neill Franklin, executive director of Law Enforcement Against Prohibition (http:// www.CopsSayLegalizeDrugs.com), did narcotics policing with the Maryland State Police and Baltimore Police Department for over 30 years.

 
 
 
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HUFFPOST SUPER USER
dgmeansit
06:11 PM on 05/27/2011
I think that Police Officers all over America should just decide amonst themselves to stop enforcing a truly bad law. It is very clear that this law has done more harm than good. Isn't that enough? Noone should die carrying out an order given by a greedy politician who cares far more for themself than for the welfare of the people of this country or for the people fighting their needless ineffective war!

Drugs are a medical problem. As for marijuana, it is not technically even a drug. It is a very very safe alternative to alcohol.
HUFFPOST SUPER USER
dbrett480
09:57 PM on 05/18/2011
Thankfully most law enforcement officers (myself included) realize that the LEAP organization does not reflect any legitimate law enforcement views on crime prevention. Franklin's logic makes no sense. Law enforcement officers have been killed by gang members, DV suspects, DUI drivers, etc. Does that mean we allow gangs, domestic violence, and drunk driving? No.

Officers are paid (not nearly enough) to fight crime. Unfortunately many criminals don't like cops and don't like going to prison. They will do whatever it takes to avoid that. Instead of calling for legalizing drugs, let's call for better training in officer safety, better force options, bulletproof vests, and more punishment on offenders that attack officers.
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HUFFPOST COMMUNITY MODERATOR
HotelDrama
12:11 AM on 05/21/2011
I think you missed this paragraph from the article:
"LEAP believes that the war on drugs is not only ineffective at reducing drug problems but has actually made them much worse. The drug war has become a massive, self-perpetuating policy disaster with no positive returns (except to the gangs and cartels that control the illegal market) and huge costs - including a large percentage of the lives lost in law enforcement."

Making drugs legal would virtually eliminated the number one source of income for organized crime and terrorism.
HUFFPOST SUPER USER
dbrett480
07:08 PM on 05/24/2011
"Making drugs legal would virtually eliminated the number one source of income for organized crime and terrorism."

I'll have to respectfully disagree. I work in law enforcement and have arrested gang members that have been involved in all aspects of crime. They are pimps for underage prostitutes, car thieves, car jackers, robbers, burglars, metal thieves, etc. It's not like if we eliminate the war on drugs, gang members and cartels will instantly become law-abiding citizens.
11:21 AM on 05/14/2011
Lets legalize drugs to save COPS lives??? Your joking right? How many LIVES do cops ruin through prohibition? Why in the FREAK should we legalize drugs to save THEIR LIVES?
How many cancer patients have suffered because of prohibition of marijuana? How many Aids? MS? Depression? Anxiety? patients have had their lives ruined because of prohibition. How many innocents have been thrown in prison?
And you want to save the lives of those that CHOSE to ENFORCE this for MONEY???
COPS ARE NOT THE VICTIMS. They are the cause of the problem. If they die trying to suppress our civil liberties then I say to hell with them. They get what they deserve.
This is one of the REAL costs of prohibition. It corrodes the respect for Law Enforcement. So if you enforce the law, do NOT expect respect.
You have to be morally corrupt to do a job that ruins the lives of innocent people simply for MONEY.
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HUFFPOST COMMUNITY MODERATOR
HotelDrama
08:17 PM on 05/14/2011
Cop are the ones who are enforcing the laws that are the books. Don't blame the cops. They didn't write the laws (usually), they didn't pass the laws. They only enforce what is there. Don't blame them for prohibition. They are doing their jobs (and certainly many of them want to continue prohibition). Lay the blame where it lies...on the elected, and un-elected, officials who make these laws. And I'm not talking about the corrupt cops who need to be arrested themselves.
Its funny, it seems that you actually see the harm that prohibition causes, yet you are so caught up on the fact that this cop wants to end prohibition (just like you) to save other cops lives (and most likely for other reasons that you point out), that you need to lash out. Both of you are on the same side. You should group together so you can actually work to end these laws. That is the only way prohibition is going to get overturned, when people from all walks of life come together and fight for this.
HUFFPOST SUPER USER
dbrett480
09:58 PM on 05/18/2011
Next time you need a cop I hope you call your neighborhood pot dealer. I'm sure he will be of much more help to you.
10:42 PM on 05/11/2011
"Why was it that for each bad guy we took off the streets, there was always a new one ready to step in and fill the lucrative job opening?"
---------------------------------------------------------

There's a pretty simple explanation for that....

Imagine if there were 10 gas stations located within the same city block (lotsa' competition wouldn't you say?)....

Now imagine if the taxpayers started offering the free service of eliminating 7 or 8 of the gas stations at any given time (as well as restricting any new gas stations from opening up on the same city block)....

Now you've only got 2 to 3 gas stations operating on that city block (fewer competitors = oligopoly/monopoly = higher prices = zooming net profit margins)...

If you're one of those 2 to 3 gas stations left operating, then you're enjoying life.....however, there's always somebody else out there that wants to occupy one of those 2 or 3 slots that the government can't/won't/is unable to shut down and they will stop at nothing to do just that.

Now take that same scenario and apply it to narcotics trafficking/distribution.....

Look familiar yet?...
09:44 PM on 05/11/2011
Cannabis ought to be legalized because, in the vast majority of cases, one's use of the substance does not demonstrably interfere with, and upset, the freedom of other citizens. On the other hand, cocaine and heroin ought to remain illegal because, in the vast majority of cases, one's use of these substances does end up, over time, demonstrably interfering with, and upsetting, the freedom of other citizens. When it comes to the rightful application of the libertarian principle, not all drugs are equal.
11:55 PM on 05/11/2011
It is not the drug that interferes with and/or upsets the freedom of other citizens...it's how we deal with the drug. No one is advocating that all drugs become available in the local supermarket, but only that dealing with the issue outside of law enforcement would make more sense. Some "drugs" might be able to be regulated like alcohol, while others might need a prescription, and still others might need medically supervised treatment. The point is, making it illegal hasn't stopped the problems and in fact have made them worse. Making drugs illegal has INCREASED crime, both by making it a lucrative business as well as making it so expensive addicts resort to crime to support their habit. It's time we dealt with this as the medical and social issue that it is.
09:24 PM on 05/11/2011
How about the roster of dead and mangled civilians that will increase with increase ease of access to drugs?
I don't wish bodily harm on police but they do choose a dangerous profession. Most of the rest of us, who are statistically much more likely to suffer harm from those who need to pay for their fix or those who suffer physical abuse from a crazed drug user, do no choose to go in harm's way.

To compare the impact that drugs have on a person, who has become addicted to the impact that alcohol has is naive. That is especially true of today's versions of designer, highly purified, often addictive in just one use drugs.
Comparing alcohol addiction and Prohibition to addiction to today's drugs is like comparing caffeine accident to 2% beer addiction. There really is no parallel.
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HUFFPOST COMMUNITY MODERATOR
HotelDrama
08:21 PM on 05/14/2011
Prohibition of drugs=prohibition of drugs. It doesn't matter what drug is prohibited, we seem the same societal effects cross culturally. It is pretty much the same everywhere prohibition exists.
Addiction=addiction. Doesn't matter what substance one is addicted too.
When nations decriminalize drugs, they do not see an overall and long standing increase in drug use. They actually see a decrease. Portugal recently took the plunge and decriminalized drugs. Their society didn't fall apart and overall drug use decreased.
Along with legalizing/decriminalizing drugs, we also need to invest more in treatment and harm reduction measures to deal with those who want to use drugs and have problems with them. Addiction is a medical issue, not a criminal justice issue.
09:05 PM on 05/11/2011
Anybody else watch the first eppisode of Boardwalk? Organized crime celebrated at the dot of midnight when alcohol porhibition began. It's our prohibition of drugs that's causing more drug addiction, less help for those who become addicted and it is costing more to imprison drug users than the drug cartels are making. Bayer Aspirin began as a headache powder with heroin as it's active ingredient. Drug probhibition just is creating more problems than it is solving. But be aware it's biggest client are the companies that are running our prisons. Legalizing drugs will not make drug addiction go away--but has it ever gone away. We know a million more things re treatment of and exactly what addiction is than we did in 1906. People will still be accountable for any crimes they commit rather they under the influence or drug free. England legalized heroin for their WWII vets who became addicted to it because it was all that as available during the war. Those vets were/are allowed to get heorin legally.
been2there
Facts have a liberal bias.
07:42 PM on 05/11/2011
Some drugs really do need to be just plain illegal--methamphetamine, for example, or PCP. If we, as a society, make the trade-off of tolerating marijuana, we might be able to pull it off.
HUFFPOST SUPER USER
jmwtex
04:48 PM on 05/11/2011
Excellent post! Policing murder, theft etc. works because those things are not popular. Trying to make illegal things that are popular is just nuts!!
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03:49 PM on 05/11/2011
Legalizing all drugs is so obviously the thing we should do, we should concentrate on who opposes
legalization. I think money is the main motive, as in "follow the money."
We should go after the banks who make billions laundering drug money, privately owned prisons who want more convictions, the whole drug enforcement complex. And others.
There may be a small increase in the use of drugs but it would be no worse than any other mind changing substance.
02:40 PM on 05/11/2011
Very well written, this article holds more weight as well because of the experiences of the author. The majority of the nation pays no attention to the war on drugs because it doesn't have an effect on their day to day life. If people lost friends due to the violence caused by the war on drugs like the author more people would be coming out against it. But until that time agencies like the DEA will just continue the violence and the negative effect their policies are bringing to this nation. It's time that we look at other forward thinking nations (Portugal) and observe the effect that decriminalization has brought.
Javalation
Laughing in a Daydream
02:24 PM on 05/11/2011
Our law enforcement forces face a variety of challenges as a result of the "war on drugs" beyond the obvious one of being shot at. From border guards to cops on a beat, there is the temptation of bribes. Some have been known to team with a trafficker or dealer, getting no only money but also information on competition.

Then there's the moral compromise that occurs too often when an officer becomes suspicious of the public because any of them may be carrying drugs. There is the cascading potential for conducting illegal searches, planting evidence, eliciting favors or any of a variety of deviation from the "protect and serve" oath taken.

The war is un-winnable, costly, counterproductive and illogical for a place called the Land Of The Free.
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HUFFPOST SUPER USER
Carl Caroli
I just don't understand people
02:10 PM on 05/11/2011
Legalize it, control it, and tax the day lights out of it.
02:59 PM on 05/11/2011
Couldn't have put it better myself.
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03:05 PM on 05/11/2011
Don't tax my weed bro!
HUFFPOST SUPER USER
Dnlmsstch
too much for so few words
02:08 PM on 05/11/2011
"How do you ask a man to be the last man to die for a mistake?"
— John F. Kerry
01:41 PM on 05/11/2011
Now hold on a bit, there are some drugs that should remain illegal, such as heroin or crack. IMO, any drugs that carry a risk of violent, harmful actions by the user and a significant chance of addiction should still be banned. For example, crack and heroin are known for causing users to commit violent crimes, mostly for money to acquire more of the drug itself. I'd also use another scale of how many people who have used the drug have gone on to do unnecessary harm to themselves or others as a direct cause of the drug, and how much harm they have done. Lastly, I'd go by how many people who use the drug that are constant users versus moderate or occasional users. That should let us build a scale of what's truly worth a ban and what's not, and will focus our drug policy to what's truly effective for our society, while saving us a great deal in wasted money.
02:32 PM on 05/11/2011
While I agree that crack and heroin can cause violent behavior in its abusers, that is still not a reason to keep them a criminal issue. The current system of making arrests and putting drug users in prison has obviously failed. Instead of treating the use and addiction to drugs as a law enforcement issue, they should be treated as public health issues. Send drug abusers to get professional medical help, don't throw them and jail and give them a criminal record as both these things certainly increase drug abuse.
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03:06 PM on 05/11/2011
Alcohol is also known for causing users to commit violent acts. Should we ban it?
been2there
Facts have a liberal bias.
07:43 PM on 05/11/2011
I wish we could, but we can't. I agree we need to legalize and tax some drugs, but not the ones that are virtually guaranteed to cause violent behavior.