The drug war was lost before it started,Why does our Gov. Refuse to admit this fact?

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steve M asked:

past two years, drug violence in Mexico has become a fixture of the daily news. Some of this violence pits drug cartels against one another; some involves confrontations between law enforcement and traffickers.

Recent estimates suggest thousands have lost their lives in this “war on drugs.”

The U.S. and Mexican responses to this violence have been predictable: more troops and police, greater border controls and expanded enforcement of every kind. Escalation is the wrong response, however; drug prohibition is the cause of the violence.

Prohibition creates violence because it drives the drug market underground. This means buyers and sellers cannot resolve their disputes with lawsuits, arbitration or advertising, so they resort to violence instead.

Violence was common in the alcohol industry when it was banned during Prohibition, but not before or after.

Violence is the norm in illicit gambling markets but not in legal ones. Violence is routine when prostitution is banned but not when it’s permitted. Violence results from policies that create black markets, not from the characteristics of the good or activity in question.

The only way to reduce violence, therefore, is to legalize drugs. Fortuitously, legalization is the right policy for a slew of other reasons.

Prohibition of drugs corrupts politicians and law enforcement by putting police, prosecutors, judges and politicians in the position to threaten the profits of an illicit trade. This is why bribery, threats and kidnapping are common for prohibited industries but rare otherwise. Mexico’s recent history illustrates this dramatically.

Prohibition erodes protections against unreasonable search and seizure because neither party to a drug transaction has an incentive to report the activity to the police. Thus, enforcement requires intrusive tactics such as warrantless searches or undercover buys. The victimless nature of this so-called crime also encourages police to engage in racial profiling.
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Prohibition has disastrous implications for national security. By eradicating coca plants in Colombia or poppy fields in Afghanistan, prohibition breeds resentment of the United States. By enriching those who produce and supply drugs, prohibition supports terrorists who sell protection services to drug traffickers.

Prohibition harms the public health. Patients suffering from cancer, glaucoma and other conditions cannot use marijuana under the laws of most states or the federal government despite abundant evidence of its efficacy. Terminally ill patients cannot always get adequate pain medication because doctors may fear prosecution by the Drug Enforcement Administration.

Drug users face restrictions on clean syringes that cause them to share contaminated needles, thereby spreading HIV, hepatitis and other blood-borne diseases.

Prohibitions breed disrespect for the law because despite draconian penalties and extensive enforcement, huge numbers of people still violate prohibition. This means those who break the law, and those who do not, learn that obeying laws is for suckers.

Prohibition is a drain on the public purse. Federal, state and local governments spend roughly $44 billion per year to enforce drug prohibition. These same governments forego roughly $33 billion per year in tax revenue they could collect from legalized drugs, assuming these were taxed at rates similar to those on alcohol and tobacco. Under prohibition, these revenues accrue to traffickers as increased profits.

The right policy, therefore, is to legalize drugs while using regulation and taxation to dampen irresponsible behavior related to drug use, such as driving under the influence. This makes more sense than prohibition because it avoids creation of a black market. This approach also allows those who believe they benefit from drug use to do so, as long as they do not harm others.

Legalization is desirable for all drugs, not just marijuana. The health risks of marijuana are lower than those of many other drugs, but that is not the crucial issue. Much of the traffic from Mexico or Colombia is for cocaine, heroin and other drugs, while marijuana production is increasingly domestic. Legalizing only marijuana would therefore fail to achieve many benefits of broader legalization.

It is impossible to reconcile respect for individual liberty with drug prohibition. The U.S. has been at the forefront of this puritanical policy for almost a century, with disastrous consequences at home and abroad.

The U.S. repealed Prohibition of alcohol at the height of the Great Depression, in part because of increasing violence and in part because of diminishing tax revenues. Similar concerns apply today, and Attorney General Eric Holder’s recent announcement that the Drug Enforcement Administration will not raid medical mari

8 Comment(s)

  1. On Dec 27, 2009, Bill Harris said:

    One need not travel to China to find indigenous cultures lacking human rights. America leads the world in percentile behind bars, thanks to ongoing persecution of hippies, radicals, and non-whites under prosecution of the war on drugs. If we’re all about spreading liberty abroad, then why mix the message at home? Peace on the home front would enhance global credibility.

    The drug czar’s Rx for prison fodder costs dearly, as lives are flushed down expensive tubes. My shaman’s second opinion is that psychoactive plants are God’s gift. Behold, it’s all good. When Eve ate the apple, she knew a good apple, and an evil prohibition. Canadian Marc Emery is being extradited to prison for selling seeds that American farmers use to reduce U. S. demand for Mexican pot.

    Only on the authority of a clause about interstate commerce does the CSA (Controlled Substances Act of 1970) reincarnate Al Capone, endanger homeland security, and throw good money after bad. Administration fiscal policy burns tax dollars to root out the number-one cash crop in the land, instead of taxing sales. Society rejected the plague of prohibition, but it mutated. Apparently, SWAT teams don’t need no stinking amendment.

    Nixon passed the CSA on the false assurance that the Schafer Commission would later justify criminalizing his enemies. No amendments can assure due process under an anti-science law without due process itself. Psychology hailed the breakthrough potential of LSD, until the CSA shut down research, and pronounced that marijuana has no medical use, period. Drug juries exclude bleeding hearts.

    The RFRA (Religious Freedom Restoration Act of 1993) allows Native American Church members to eat peyote, which functions like LSD. Americans shouldn’t need a specific church membership or an act of Congress to obtain their birthright freedom of religion. John Doe’s free exercise of religious liberty may include entheogen sacraments to mediate communion with his maker.

    Freedom of speech presupposes freedom of thought. The Constitution doesn’t enumerate any governmental power to embargo diverse states of mind. How and when did government usurp this power to coerce conformity? The Mayflower sailed to escape coerced conformity. Legislators who would limit cognitive liberty lack jurisdiction.

    Common-law must hold that adults are the legal owners of their own bodies. The Founding Fathers undersigned that the right to the pursuit of happiness is inalienable. Socrates said to know your self. Mortal lawmakers should not presume to thwart the intelligent design that molecular keys unlock spiritual doors. Persons who appreciate their own free choice of path in life should tolerate seekers’ self-exploration.

  2. On Dec 27, 2009, Bill Harris said:

    The drug war may be a lost cause, but it still rages on, so the use in the title of the past tense ‘lost’ is shaky, until Congress surrenders and repeals the CSA.

  3. On Dec 27, 2009, Toocan said:

    the government subcontracts everything to private industry these days, even our wars. the reason we will never win the war on drugs (and now the war on terror) is that connected corporations are getting paid billions to fight those wars for us. If we finally win, the cash cow dies. so, we fight on making sure we never win.

  4. On Dec 28, 2009, ... said:

    The drug war creates jobs for government thugs.

  5. On Dec 28, 2009, tutmannozzy said:

    BLA BLA BLA Its all a lie our GOVRNMNT is full of scams and lies so they make so much money in the system and more from drugs and alchohl so it will never change.

  6. On Dec 29, 2009, Keith V said:

    To quoth a comparison; essentially the proposal is to make it like the cigarette trade. Highly taxed, but legal.

  7. On Dec 31, 2009, I got your hope and change. said:

    There’s a lot of money being made. The war on drugs means big earnings for the entire legal industry (and for criminals). It’s also been a great excuse to reduce civil liberties. The least the federal government can do is let the states decide if they want to legalize marijuana or not.

  8. On Jan 1, 2010, Mephisto said:

    The war on Drugs was never meant to be won. Do you seriously think the Pharmaceuticals or the Labor force would want Governments’ to win ‘that’ war.

    study the history of the Drug wars and you will see the real benefactors.

    Or do you seriously think Cancun was an instant hit for well to do gringos…

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