Tag: drug war

The 4th Amendment Is Another Victim of the Drug War

Over at the Washington Post, Radley Balko details a recent Fourth Circuit ruling overturning an award for a father whose son was shot and killed in a military-style SWAT raid after marijuana residue was found in an outside garbage bag. A jury awarded the father $250,000 after it was shown that the police failed to comply with their obligation to knock and announce their presence before barging in and that they lied about several aspects of the raid.

Without repeating the entirety of Balko’s excellent analysis, a particularly troubling aspect of the ruling is the nonchalant way in which the Fourth Circuit judges, even in dissent, treat the militarized raid over marijuana residue and dispense with any suggestion that such escalated violence is constitutionally questionable:

Let’s first start by noting one very important issue that is not in dispute—whether the massive amount of force the police brought to bear in this case was reasonable under the Fourth Amendment. As far as the federal courts are concerned, it was. As Judge Pamela Harris points out in her dissent, “The point here, to be clear, is not to take issue with the Officers’ decision to execute a search warrant based on marijuana traces by way of a military-style nighttime raid.”

Harris is correct. The courts long ago decided that dangerous, punishing SWAT-style raids to search for pot—even when there is no evidence of distribution—are reasonable under the Fourth Amendment. A lawsuit arguing otherwise will be promptly tossed.

Balko then points out that such behavior is precisely what the Fourth Amendment was designed to prevent:

President Obama’s Dismissal of Drug Reform

Yesterday President Obama seemed to make light of the push for drug reform (again), arguing that young Americans should put it at the bottom of their priority list in favor of issues like climate change and war:

I understand this is important to you but, you know, you should be thinking about climate change, the economy, jobs, war and peace. Maybe, way at the bottom, you should be thinking about marijuana.

As a member of that millennial generation, I’d like to ask: why?

Setting aside the strange suggestion that environmental and peace activism are somehow mutually exclusive with opposing the drug war, I would suggest that Americans have much more influence over drug policy than we have over the global climate or the U.S. government’s penchant for warmaking. 

Despite the President’s insinuations, the fight to end the drug war isn’t just a crusade by young stoners to get high without worry of arrest.  Prohibition doesn’t work.  It didn’t work in the 1920s when alcohol prohibition turned entire American cities over to organized crime, and it doesn’t work in 2015.

The War on Drugs is a key reason why America’s incarceration rate is off the charts, why more than 60,000 Mexicans have been killed in drug violence over the last decade, why violent gangs control entire swaths of urban America the U.S. prison system, why there are more than a million drug arrests clogging up our courts every year, why our cherished protection from unreasonable searches and seizures has been eroded and twisted to nearly nothing, and why paramilitary police raids have gone up 1,500% in the last generation, leaving dead bodies and maimed children in their wake.

To his credit, President Obama has made some positive policy decisions to lessen the burden of the drug war.  His decision to “de-prioritize” marijuana busts in jurisdictions that have voted to legalize marijuana is commendable.  But that is merely one small tile on a vast mosaic of ruinous government prohibition efforts.

There are thousands of non-violent drug offenders in federal custody which President Obama could free with the stroke of a pen today.  There are hundreds of state and local law enforcement agencies receiving military weaponry from the Obama Administration, while the administration’s own task force acknowledges there is very little accountability, training, or respect for civil liberties built into the weaponry distribution system.  There are thousands of immigrants seeking refuge in America from the violence spawned by our drug war.

I don’t see what’s so funny or unimportant about any of this.

Joe McNamara, RIP

Joe McNamara was a former police chief and scholar at the Hoover Institution.  He was an outspoken critic of the drug war and devoted much of his time to converting people within the law enforcement community. 

Here is a talk that he gave at Cato’s 1999 conference, Beyond Prohibition:
https://www.dropbox.com/s/ucftsgfrtshr7jk/McNamara.m4v?dl=0

Here is an article he prepared for Regulation Magazine in the wake of the 9/11 terrorist attacks, “The Defensive Front Line.”

Joe McNamara, RIP

John Walters, Drugs, and Libertarians

Over at Politico, former Bush administration drug czar and Hudson Institute official, John Walters, has an article titled, “Why Libertarians Are Wrong About Drugs.”  The thrust of the article is that (1) drug policy is one of the political divides between libertarians and social conservatives and that the social conservatives have the better case; and (2) libertarians can support the drug war without surrendering essential tenets of their political philosophy.  In this post, I want to briefly scrutinize some of Walters’ arguments and observations.

Walters tries to set up his article by framing the debate between social conservatives and libertarians fairly, but right away he falters. “Social conservatives,” he writes, “are troubled by drug abuse, especially among the young.” The implication seems to be that libertarians are not troubled by drug abuse–even if it involves minors. That’s unfair to Milton Friedman, who is quoted in that paragraph, and libertarians generally. I don’t think Walters is intentionally trying to mislead readers here, but that statement does expose one of his faulty understandings of libertarianism. The question has never been whether drug abuse is a problem. It is. The question is how best to address that problem.

Next, Walters tries to demonstrate that a basic tenet of libertarianism is inconsistent with reality–at least in the area of narcotics. Here is Walters: “[L]ibertarians argue that the state should have no power over adult citizens and their decision to ingest addictive substances–so long as they do no harm to anyone but themselves…But this harmless world is not the real world of drug use. There is ample experience that a drug user harms not only himself, but also many others.” Walters then cites instances of domestic violence and other criminal acts that were committed by persons under the influence of narcotics. More faulty reasoning

Colorado Isn’t Having a Cultural Revolution

In news that will surprise exactly no one, music and cannabis can be pretty nice together:

The cultural revolution that is making marijuana part of everyday Colorado life conquers another established front Tuesday as the Colorado Symphony Orchestra announces a series of performances sponsored by the cannabis industry.

The concerts, organized by pro-pot promoter Edible Events, will start May 23 with three bring-your-own marijuana events at the Space Gallery in Denver’s Santa Fe arts district and culminate with a large, outdoor performance at Red Rocks Amphitheatre on Sept. 13. The events are being billed as fundraisers for the CSO, which will curate a themed program of classical music for each show.

But that’s hardly a cultural revolution: The earliest written mention of marijuana was by the ancient Greek historian Herodotus, who described its users dancing and singing. The rest, as they say, is history.

What’s revolutionary here is the law, which has finally begun treating Coloradans like responsible adults rather than criminals. At least about cannabis: Our laws ought to do the same for all illegal drugs. Doing so will encourage responsible drug use, better scientific research, and better treatment for addicts.

Yes, legal cannabis means we will have to make a few adjustments. But many of them aren’t so bad: “Are drivers sober?” is not a new question, after all. Only now, it’s a question to be answered a little more honestly, and with better treatment from the law. On the whole, that’s clearly for the best.

Marijuana’s Moment

Very good, front page story in yesterday’s Washington Post entitled, “Marijuana’s Moment?

The highlight is a quote from former drug czar, General Barry McCaffrey: “The momentum to treat marijuana as a legal drug is irreversible.”  Wow.  The last time I was on a panel with him was about two years ago and it was quite evident then that the tide was turning, but I expected him to keep fighting.  According to the Post story, the former drug czar no longer accepts invitations to appear on television.  That will save me some time fact-checking him.

Here’s another excerpt from the Post story:

America has been at the edge of marijuana legalization several times during the past half-century, but never as close to mass acceptance of the drug as the nation is today.

Since the 1960s, the United States has traveled on a herky-jerky trip from hippies and head shops to grass-roots backlash by suburban parents, from enthusiastic funding of the war on drugs to a gathering consensus that the war had little effect on marijuana use. Now, for the first time, marijuana legalization is winning majority support in public opinion polls and a drug used by about 6 percent of Americans — and one-third of the nation’s high school seniors — is starting to shake off its counterculture reputation. It is winning acceptance even from some police, prosecutors and politicians.

But is this time really different? Why is the current campaign for legalization resonating when previous ones did not? Today’s leap toward legality is entwined with the financial desperation of cash-strapped states, an Internet-driven revolution in how Americans learn about marijuana and its medicinal uses, and a rising libertarian sensibility in which many liberals and conservatives alike have grown skeptical of government’s role in telling citizens how to medicate themselves.

The momentum is now obvious and it is great to see the drug warriors in retreat, but marijuana is still considered contraband in 48 states and under federal law.  There is still much work to do.  It costs money to start and win initiative campaigns, for example.  It used to be hard to raise money because donors thought it was a hopeless cause.  Now potential donors are making the mistake that legalization is “inevitable.”  The shift in public opinion helps, but it does not assure political action.  To complete the job, friends of legalization need to step up their efforts.  The next state to consider marijuana legalization–by initiative–will be Alaska this summer.

For more info on Cato’s work, go here.

Ter Beek v. City of Wyoming: Marijuana Reform Advances

Last week, the Supreme Court of Michigan rejected a legal challenge to the Michigan Medical Marihuana Act (MMMA).  Although limited to the state of Michigan, this precedent helps to build momentum for other states to move in the direction of marijuana legalization.

By way of background, in 2008 Michigan voters approved a state initiative that would allow medical marijuana for certain qualifying patients.  In 2010, the City of Wyoming enacted an ordinance that essentially prohibited marijuana (no medical exceptions).  John Ter Beek is a resident of the City of Wyoming and he claimed that he was a qualified patient under the state law and he argued that the state law preempted the city ordinance.  Lawyers for the City of Wyoming responded with the argument that the state law was itself invalid because it violated the supremacy clause of the Federal Constitution.  That is, since federal law (the Controlled Substances Act (CSA)) prohibits the possession of marijuana, no state can change its law to allow marijuana sales, or even possession.

The Supreme Court of Michigan unanimously sided with John Ter Beek.  Writing for the court, Justice McCormack said, “[The MMMA] provides that, under state law, certain individuals may engage in certain medical marijuana use without risk of penalty…while such use is prohibited under federal law, [MMMA] does not deny the federal government the ability to enforce that prohibition, nor does it purport to require, authorize, or excuse its violation.”  Thus, there is no violation of the federal supremacy doctrine.

Recall that after Colorado and Washington approved initiatives to legalize marijuana, some former DEA administrators argued that those initiatives were invalid under the federal supremacy clause. (One even said it was a ‘no-brainer.’)   The Obama administration declined to bring such a challenge and we will be hearing it less and less as these precedents pile up.

The Cato Institute joined an amicus brief that urged the Michigan Supreme Court to rule in Mr. Ter Beek’s favor.  More here.

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