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Neill Franklin

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Understanding Obama's "War on Drugs"

Posted: 08/01/11 10:32 AM ET

Last month I was interviewed on CNN.com as part of the network's coverage of the 40th anniversary of President Richard Nixon declaring the "war on drugs." It was just one of thousands of articles, broadcasts and blog posts featuring the voices of police officers, politicians and scholars marking an anniversary that offers little to celebrate. Many commentators across the political spectrum eagerly welcomed the opportunity to seriously examine the failures of our drug policies, evaluate possible reforms and opine on what it all might mean.

But not everyone was as excited by the opportunity for reflection on how we can make drug policy more effective. After reading my interview on CNN.com, the White House Office of National Drug Control Policy apparently contacted the news organization and demanded equal time to defend the Obama administration's continuation of U.S. drug prohibition policies.

The published response presents a rare and revealing window into the thinking behind the nation's drug policy at the beginning of the fifth decade of the "war on drugs." The transcript is of great interest to anyone who wants to understand why -- despite clear scientific evidence, real-world experience and political opportunity -- a policy that is so obviously failed and is so profoundly harmful is able to continue year after year.

Written by Rafael Lemaitre, a public affairs staffer in the drug czar's office, the interview answers obfuscate important facts and completely avoid many of the most important issues in the debate about drug policy.

With polished clarity, Lemaitre spells out a worldview and political intent based on three key (false) ideas:

  • We are making great strides against drug abuse.
  • The "war on drugs" is permanent, and any alternative to it means anarchy.
  • The only goal of real importance in drug policy is to reduce the number of drug users.

Is the "War on Drugs" Working?

As proof that we are making "tremendous progress," Lemaitre clings to the fact that that cocaine production in one country -- Colombia -- has dropped over the past decade according to some metrics and that drug use in the U.S. is now lower in some categories and demographics than it was during the raucous 1970's.

First of all, the fact that cocaine production in Colombia seems to be falling isn't really a sign of success in light of the fact that U.S.-backed eradication efforts -- to the extent they have "worked" -- have only really succeeded in pushing production of the drug into neighboring Peru, where coca growing has risen every year for the past five years.

And when it comes to drug use in the U.S., the truth is that use rates have continually fluctuated over the years and decades. The fact that drug use today is down in some categories compared to 1979 isn't all that meaningful when you consider, for example, that the percentage of 12th graders who regularly use illegal drugs has sharply increased over the past two decades.

Now, compare this to the historic across-the-board reduction we've seen in tobacco use over the past few decades. To achieve this, we haven't had to knock down any doors with SWAT teams, sentence anyone to decades in prison under harsh mandatory minimum sentences or strip anyone of their right to vote or to receive government benefits. Instead, a long-term and diverse educational campaign, in which government and industry have collaborated, has defined nicotine addiction as a health issue and has helped many Americans quit smoking without the threat of the criminal justice system.

But:

Could Ending the "War on Drugs" Open the Drug Use Floodgates?

Lemaitre says that ending prohibition of the currently illegal drugs would be irresponsible and would make drugs "more available in our communities," leading to an explosion in use and abuse.

But, consider a recent study by the World Health Organization showing that the U.S. -- despite being the home of the global "war on drugs" -- has the highest rates of marijuana and cocaine use in the world. Indeed, Americans use drugs at a higher rate than people in other countries that have modernized their laws by treating drugs as more of a health -- rather than a criminal -- issue.

It's clear that creating harsh penalties for drugs doesn't reduce use, and the absence of harsh penalties doesn't lead large numbers of people who wouldn't otherwise imbibe to become addicted to dangerous drugs.

Lemaitre says he sympathizes with people who are "frustrated by the negative impacts of drug use and who might be tempted to submit to "silver bullet 'solutions.'" To be clear, though, no one on the anti-prohibition side of this debate would characterize regulating drugs as a panacea. We have to do a lot better, and while legalization itself won't be a cure-all for drug abuse problems, it will at least bring those problems out of the criminal realm and above-ground where a true public health strategy can begin to work. As an added benefit, ending prohibition would undo much of the additional non-use-related damage that banning drugs has created.

Which brings us to the third question raised by Lemaitre's comments:

Is Reducing the Number of Drug Users the Most Important Goal in Drug Policy?

When asked by CNN what individuals can do given the enormous complexity of the drug problem, Lemaitre offered a quick to-do list: talk to your kids about drugs, be alert to risk factors such as "association with drug-abusing peers" and clean out the medicine cabinet. Implicit here is the view that it's all about individual users. While concern for drug-using individuals is obviously an important issue for anyone looking at drug policy, there are several other considerations one should not ignore -- like market violence, economics, human rights and international relations, just to name a few.

This use-focused mindset is an important part of what lets prohibitionists like Lemaitre essentially turn their backs on pressing concerns about the hundreds of billions of dollars in global tax-free revenue that prohibition creates. No more worries about why we have given control of this lucrative traffic to violent criminals. Not once in his CNN interview does Lemaitre express any concern about the forty thousand dead in Mexico's drug wars in the last five years or the millions of Americans whose lives have been tainted by criminal records resulting from pointless drug possession arrests. The drug czar and those in his office know all-too-well that these horrors are a regrettable but unavoidable price for a drug prohibition strategy that they mistakenly believe is helping to significantly reduce drug use. So, they'd rather not talk about it.

In an encouraging sign, the administration does appear to at least acknowledge the emerging political consensus that the "drug war" is a failure and that a new direction is severely needed. To wit, the Lemaitre interview contains glossy rhetoric about our inability to arrest our way out of the drug problem and the "balanced" approach that the Obama team is taking. But nobody should be fooled. The Obama administration's own drug control budgets show that it, like every recent one before it, is all-in with a punishment-oriented drug policy in which "victory" is impossible, "defeat" is unthinkable and evidence, science, common sense and compassion can take a hike.

If the Obama administration really wants to go down in history as the first to take drug policy in a significantly new direction, they're going to have to change their thinking, their polices and their budgets, not just their rhetoric.

 
 
 
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HUFFPOST SUPER USER
dgmeansit
02:32 PM on 08/25/2011
Thank you to the Huffington Post and to Mr. Franklin for their continued efforts to put an end to the war against good Americans by our own Govt. No matter what they (the Feds) say, the fact is that the way they are treating people who choose to use drugs that are not manufactured by Big Pharma, the Alcohol Industry, or the Tobacco Industry is just plain criminal! Personally, my recreational substance of choice is marijuana with beer taking a close second. Between the two, I believe that marijuana is the least harmful both to my mind and to my waistline! It is beyond idiotic for our politicians to continue marijuana prohibition. Marijuana should be made completely legal - equal to alcohol as far as our laws are concerned. As for other substances that are truly dangerous like heroin or cocaine, they too should be decriminalized at a minimum and users treated medically instead of being locked up by law enforcement.
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HUFFPOST BLOGGER
Jason Reed
02:57 PM on 08/18/2011
Thank you Mr Franklin for this article.

Obama and David Cameron have run fairly parallel. In their pragmatic days of a young politician, they both spoke of reform and the utter failure of drug policy. Once elected, they prop up existing laws and defend the status quo.
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leftLibertarian
Don't vote for Obama or Romney
01:27 PM on 08/07/2011
Mr Franklin: great article, thank you for speaking out!
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HUFFPOST SUPER USER
SuperhighMe
02:31 PM on 08/06/2011
the war on drugs will never end to many people in gov make money off it. it is a way to control people, people who dont agree with them. repubs seem to be the most in favor of the war on drugs? hypocrites all!
HUFFPOST SUPER USER
Mike Parent
LEAP member, NYPD, ret.
11:22 AM on 08/04/2011
Legalization and Regulation is the only sensible approach. Anything else is senseless. Main Stream Media tends to avoid dealing with the facts and fallacies regarding the "Drug War." People really have to get vocal, even in everyday conversation with acquaintances. People think because I'm a retired Police Officer, I'm in favor of the "Drug War." I know I surprise them when I state my views but hopefully, I also enlighten them.
The President is a consummate politician. He cares nothing about doing what's right but only what's perceived as politically correct.
Ron Paul 2012
Mike Parent, NYPD ret, New Leap Member
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donk970
Hard working member of the 99%
04:20 PM on 08/03/2011
I would bet good money that some of the biggest contributors of money to campaigns for politicians who want to continue the "war on drugs" are the very drug cartels that we are trying to put out of business. Their continued business success depends on drugs being illegal. There are billions of dollars at stake.
06:43 PM on 08/02/2011
Thanks for the great article, now if I can just get people to read it.
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BluestateGuyInTX
A Connecticut yankee in Emperor Bush's Town.
05:59 PM on 08/02/2011
More evidence that Obama is a right wing operative that masqueraded as a progressive to be elected. Old wine in a new wineskin as the bible puts it.
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04:10 PM on 08/02/2011
Obama could just whip out an executive order for marijuana. Once and for all outright legalize it, and leave it up to the states... take the issue out of the hands of the voters, and away from the election in 2012.
Heck, it's his only chance, aside from "end the war(s)", which would only get him a first down.

If it wasn't for the whole marijuana thing, cannabis would be legal, and the "Billion Dollar Crop" (Billion dollars in 1937 - imagine how much now) would be legal, and literally grow america. FOOD from hempseed, FUEL from hempseed oil (biodiesel, etc), and FIBER for clothes, textiles.
How many jobs-exports-revenue-self sufficiency-national security is THAT?!?!?!
12:47 PM on 08/02/2011
Even staunch Democrats have turned their backs on Mr Obama. He's a DINO. By trying to appeal to everyone, he appeals to no one. Expect to see Hillary run in 2012. But, she's a prohibitionist, too. Because, cannabis is 75% of all illicit drugs, this makes it the center piece in the war on drugs & legalization would reduce the DEA as much as the drug cartels. No 'Big Govt' politician will ever end prohibition. Remember, it was the individual States that joined together to overthrow the Volstead Act & those who got paid to keep alcohol illegal. Pres Ron Paul/VP Gary Johnson & cannabis will be descheduled, like the legal drugs, alcohol & tobacco. I'm voting for Ron Paul no matter what.
09:42 AM on 08/02/2011
Alcohol is a factor in the following:
* 73% of all felonies * 73% of child beating cases * 41% of rape cases * 80% of wife battering cases * 72% of stabbings * 83% of homicides.

10 years after Portugal's 10 years of decriminalization of all drugs has done more good than their 30 years of criminalization.

HIV infections are down 17%

Drug deaths reduced by 50 %

Marijuana use is down to 10% of adults - the lowest rate in the European Union

Herion use is dramatically lower

Addiction is in decline

Decreased youth drug use

Lower crime rates

Reduced court expenditures

Greater access to drug treatment

Safer and healthier communities

Portugal simply made small amounts of drugs a civil offense instead of a criminal offense.

-A study by the RAND Corporation found that every additional dollar invested in substance abuse treatment saves taxpayers $7.46 in societal costs.

-$1 spent on treatment will achieve the same reduction of flow of cocaine as $7.3spent on enforcement.

-$1 spent on treatment will achieve the same reduction of flow of cocaine as $10.8spent on border control.

-$1 spent on treatment will achieve the same reduction of flow of cocaine as $23 spent trying to persuade Colombian farmers to grow crops other than coca.
07:13 PM on 08/01/2011
There is one economy, just one, composed of various sectors. One sector has to do with illegal drugs. Call it the "War On Drugs Sector of the Economy", or WODSEC for short.

WODSEC, in turn, has minor and major sub-sectors. The enforcement industrial complex (prison guards, private prisons, enforcement agencies), operate on the putatively "legal" side of the line, while the much larger sub-sector, drug cartels, money launderers and others, operate on the illegal side, generating grossly exaggerated cash flows to the benefit of themselves and host countries. That's trickle down in action.

Subsidizing WODSEC is politically easy; it appeals to popular authoritarian impulses easily exploited by self-interested politicians and agencies, and is much less controversial than, say, farm price supports. It is monetarily cheap because Prohibition multiplies the investment many times, generating vastly outsized results in WODSEC's illegal sub-sector.

Other reasons to justify prohibition exist, but as above, they have little to do with drugs. If the properties of drugs themselves were the justification for drugs policy, policy would play out in the health arena. But no, that would mean reduced cover for foreign misadventures and increased surveillance-statism, while wounding other gorable oxen.

I used to keep my tongue in my cheek when entertaining this angle on our drugs policy, but now I'm not so sure. I am sure, though, that the War on Some Drugs is all about serving special money and power interests, and very little to do with the public interest.
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HUFFPOST SUPER USER
gneep
if it wasn't always the same, it'd be different
03:58 PM on 08/01/2011
if drugs were legal, what would we do to keep the great unwashed in line???
03:01 PM on 08/01/2011
The obvious failure of the "War on Drugs" is starting to gain traction in the public, and beginning to become a national debate.

Yet the Feds, are in utter denial.

Question: How can the citizens elevate this debate and force the Feds to listen???
04:04 PM on 08/01/2011
That has been my question for quite some time, and it has perplexed me for years why thinking persons who are students of history cannot see the origin of this legislation. It has become the "status quo" solely due to the length of time that has passed since drug prohibition was first enacted, however, one MUST ask WHY the Harrison Narcotics Act was worded in such a way that it was only initially proposed as a taxing power? Why? Because the author of the bill KNEW that it was UNCONSTITUTIONAL to legislate morality! In a constitutional republic grounded in individual liberty, such prohibitions are a non-starter! Going back to the very beginning, drug abuse become a pandemic compared to when drugs were legal and the criticism and expansion of the black market goes ALL THE WAY BACK to 1915! END the unconstitutional anathema of the war on drugs NOW!
05:55 PM on 08/01/2011
Answer: Run another democrat against Obama in a primary.When Hillory wins the primary (Oh i was not supposed to let the cat out of the bag) Then she repaces the head of the corrupt DEA with her choice not the current Bush appointee who tells Obama what to say and do to support her position and that of other republicans to continue the war on drugs. Then the feds will listen and change the schedule 1 status of MJ to schedule 4 with that change the whole war on drugs collapses.
11:16 AM on 08/02/2011
That would never happen Jake. Obama will automatically get the democratic party bid. The only way that your going to end the war on drugs is to register as a republican in the primaries and vote for a libertarian like Gary Johnson or Ron Paul. Hillary is for the war on drugs and will not change her opinion. Check out this link - http://stopthedrugwar.org/speakeasy/2011/feb/02/hillary_clinton_says_drugs_are_t
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03:53 PM on 08/02/2011
Sorry, Jake.
Hilarity is part of the one-ring circus. It doesn't matter who you vote for, despite what they say, said, or will say, there is only one way. If it's not obvious to you yet, I don't think anything can help. Please, robot your way to your chosen primary as programmed.
02:34 PM on 08/01/2011
What an OUTRAGE on the part of the administration--and one whose chief executive even used cocaine, and constitutionally did nothing illegal, but under whose draconian policies would have prevented him from ever entering politics had he ever been convicted!!!

Lemaitre claims: "the "war on drugs" is permanent, and any alternative to it means anarchy,"
Really? This administration is so arrogant that it could make such an irresponsible proclamation from "on high?" And "anarchy?" Thomas Jefferson once said that ""The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." When the government becomes tyrannical to the extent that it suppresses fundamental civil liberties that are an invasion of privacy and tears up the Constitution in the process, this WARRANTS anarchy! Thomas Jefferson, George Mason, and Patrick Henry would almost certainly advocate throwing off the tyrannical government that we now have, as they would be APPALLED at the GROSS Constitutional violations that have taken place in this country since 1915--ironically sparked by racism. The Obama administration, it would seem, is the worst violator of civil rights and a perpetuator of policies that clearly have their origin in keeping minorities in check at the expense of all. No, on the contrary, to continue laws and policies that SO egregiously violate the Constitution are destined to failure solely due to unconstitutionality.
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HUFFPOST SUPER USER
PaulAdams
11:59 AM on 08/09/2011
Actually, revolution would be a better word. here is a snippet from the first document ever created by the United States government:

"Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. " - The Declaration of Independence
04:02 PM on 08/09/2011
Agreed Paul, I was so enraged at the first reading of Lemaitre's comments that perhaps I spoke irresponsibly. After all, anarchy in the streets would serve no one right now as we are seeing unfold in the UK right now, but revolution certainly is justified from a historical perspective, as the founders would indeed be appalled at what has become the "status quo" in the interest of "decency" and "security." And it would seem that Hobbesian thought has replaced Locke and Jefferson since the "progressives" came along! We must return to the outrage of civil libertarians and doctors in the years immediately after all of this prohibitionist legislation on the grounds that it is FLATLY UNCONSTITUTIONAL and a FLAGRANT violation of civil liberties and individual freedom. The fundamentalists must remember that it WAS and IS UNCONSTITUTIONAL to IMPOSE THEIR "pursuit of happiness" on OTHERS!...and lawmakers must break free of the modern attitude insofar as to support drug RE-legalization is condoning or supporting drug use and abuse! No matter how many years have passed, it is NO LESS UNCONSTITUTIONAL to infringe on the police powers of the states or the individual rights of a FREE citizenry to live their lives as they see fit free of moralistic proselytizing that smacks of government endorsement of personal behavior, which is in fact the legislation of morality--and a morality that has its roots in establishing a national religion; a state-supported church if you will!