Tag: prohibition

New Study: ‘Drug Decriminalization in Portugal’

On July 1, 2001, a nationwide law in Portugal took effect that decriminalized all drugs, including cocaine and heroin. Drug possession for personal use and drug usage itself are still legally prohibited, but violations of those prohibitions are deemed to be exclusively administrative violations and are removed completely from the criminal realm.

In a new study, constitutional lawyer and Salon.com writer Glenn Greenwald examines the Portuguese model and the data concerning drug-related trends in Portugal, and argues that, “judged by virtually every metric, the Portuguese decriminalization framework has been a resounding success.”

Greenwald will speak at the Cato Institute Friday, April 3, about the success of the decriminalization program.

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Former Prosecutor, Judge Calls for Drug Legalization

Many of those most involved in the drug war both at home and abroad recognize that it is an expensive failure, having had little impact of drug consumption while fostering crime and undermining civil liberties.  In fact, many former cops, prosecutors, and judges have joined together in Law Enforcement Against Prohibition.

A former Orange County, California prosecutor and judge who once locked up drug offenders now advocates relaxing the drug laws.  The Los Angeles Times has just published Steve Lopez’s interview with Jim Gray:

All right, tell me this doesn’t sound a little strange:

I’m sitting in Costa Mesa with a silver-haired gent who once ran for Congress as a Republican and used to lock up drug dealers as a federal prosecutor, a man who served as an Orange County judge for 25 years. And what are we talking about? He’s begging me to tell you we need to legalize drugs in America.

“Please quote me,” says Jim Gray, insisting the war on drugs is hopeless. “What we are doing has failed.”

As far as I can tell, Gray is not off his rocker. He’s not promoting drug use, he says for clarification. Anything but. If he had his way, half the revenue we would generate from taxing and regulating drugs would be plowed back into drug prevention education, and there’d be rehab on demand.

So here he is in coat and tie – with a U.S. flag lapel pin – eating his oatmeal and making perfect sense, even when talking about the way President Obama flippantly dismissed a question about legalizing marijuana last week during a White House news conference.

“Politicians get reelected talking tough regarding the war on drugs,” says Gray. “Do you want to hear the speech? Vote for Gray. I will put drug dealers in jail and save your children.”

I had gone to visit Gray in part to discuss his support for a bill introduced last month by Democratic San Francisco Assemblyman Tom Ammiano, who is calling for marijuana to be regulated and taxed much like alcohol.

There’s no good answer to drug abuse.  But turning a health problem into a criminal law problem certainly is not the answer.  It’s time to take the immense profit out of the drug market as have other countries, such as Portugal, which has decriminalized drug use.

Monday Podcast ‘The Politics of Medical Marijuana’

As of this writing, 13 states have passed legislation legalizing medical marijuana. President Obama’s pledge to stop raiding medical marijuana facilities was met with praise from opponents of the drug war, but what does it mean for the future of drug policy?

In Monday’s Cato Daily Podcast, Rob Kampia, executive director of the Marijuana Policy Project, explains his organization’s goals and strategies for ending marijuana prohibition in the United States.

Our society is not quite ready yet to completely end marijuana prohibition. So what we want to do is keep as many people from being arrested and put in jail as possible in the short run. One way of doing that is to legalize medical marijuana state by state.

Kampia spoke at a policy forum on medical marijuana at the Cato Institute in March.

Thursday Podcast: ‘A Failed Drug War in Mexico’

Since 2008, more than 7,000 people have been killed  in violence associated with the drug war in Mexico. Secretary of State Hillary Clinton is traveling to the region this week, and said Wednesday that the United States shares the blame for the violence.

In today’s Cato Daily Podcast, Cato scholar Doug Bandow offers analysis on how the U.S. should respond to the crisis on our southern border.

The Price of the Drug War

Critics of the drug war long have pointed out how criminalizing drug use creates crime.  America has been through this experience before, with Prohibition.  Just look at Prohibition-era Chicago with pervasive corruption and mob warfare.

Unfortunately, the experience is being repeated in Mexico.  And the violence is spilling over the border into the U.S.  Reports the New York Times:

Sgt. David Azuelo stepped gingerly over the specks of blood on the floor, took note of the bullet hole through the bedroom skylight, raised an eyebrow at the lack of furniture in the ranch-style house and turned to his squad of detectives investigating one of the latest home invasions in this southern Arizona city.

A 21-year-old man had been pistol-whipped throughout the house, the gun discharging at one point, as the attackers demanded money, the victim reported. His wife had been bathing their 3-month-old son when the intruders arrived.

“At least they didn’t put the gun in the baby’s mouth like we’ve seen before,” Sergeant Azuelo said. That same afternoon this month, his squad was called to the scene of another home invasion, one involving the abduction of a 14-year-old boy.

This city, an hour’s drive north of the Mexican border, is coping with a wave of drug crime the police suspect is tied to the bloody battles between Mexico’s drug cartels and the efforts to stamp them out.

Since officials here formed a special squad last year to deal with home invasions, they have counted more than 200 of them, with more than three-quarters linked to the drug trade. In one case, the intruders burst into the wrong house, shooting and injuring a woman watching television on her couch. In another, in a nearby suburb, a man the police described as a drug dealer was taken from his home at gunpoint and is still missing.

Tucson is hardly alone in feeling the impact of Mexico’s drug cartels and their trade. In the past few years, the cartels and other drug trafficking organizations have extended their reach across the United States and into Canada. Law enforcement authorities say they believe traffickers distributing the cartels’ marijuana, cocaine, heroin, methamphetamine and other drugs are responsible for a rash of shootings in Vancouver, British Columbia, kidnappings in Phoenix, brutal assaults in Birmingham, Ala., and much more.

United States law enforcement officials have identified 230 cities, including Anchorage, Atlanta, Boston and Billings, Mont., where Mexican cartels and their affiliates “maintain drug distribution networks or supply drugs to distributors,” as a Justice Department report put it in December. The figure rose from 100 cities reported three years earlier, though Justice Department officials said that may be because of better data collection methods as well as the spread of the organizations.

Washington officials want to believe that throwing more money at the Mexican government will solve the problem.  But there’s nothing in the experience of Afghanistan, Colombia, or many other drug production and smuggling centers to suggest that more enforcement, especially by a government as weak as that in Mexico City, will end the drug trade.

Only taking money out of drug production and sales will end the violence.  And that means no longer treating what is fundamentally a health and moral problem as a criminal problem.  Legalizing adult drug use may not be a great solution, but it would be a vast improvement over drug prohibition, which promotes violent crime while tens of millions of Americans still use illicit substances.

Republicans Rediscover Their Big-Government Principles

Sen. Chuck Grassley, who can always be counted on to stick the federal government’s nose where it doesn’t belong, is criticizing Attorney General Eric Holder’s teeny-tiny steps toward a less oppressive enforcement of drug prohibition. Holder said on Wednesday “that federal agents will target marijuana distributors only when they violate both federal and state law. This is a departure from policy under the Bush administration, which targeted dispensaries under federal law even if they complied with the state’s law allowing sales of medical marijuana.”

Grassley says that marijuana is a “gateway” drug to the use of harder drugs and that Holder “is not doing health care reform any good.”

As Tim Lynch and I wrote in the Cato Handbook for Policymakers:

President Bush … has spoken of the importance of the constitutional principle of federalism. Shortly after his inauguration, Bush said, “I’m going to make respect for federalism a priority in this administration.” Unfortunately, the president’s actions have not matched his words. Federal police agents and prosecutors continue to raid medical marijuana clubs in California and Arizona.

And as Justice Clarence Thomas wrote in dissenting from the Supreme Court’s decision to uphold the power of the federal government to regulate medical marijuana:

If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything — and the Federal Government is no longer one of limited and enumerated powers.

That’s the principle that Chuck Grassley defends. Republicans claim to be the small-government party — and President Obama’s policies on taxes, spending, and regulation certainly justify a view that the GOP is, if not a small-government party, at least the smaller-government party — but they forget those principles when it comes to imposing their social values through federal force.

Drug Prohibition’s Role in Mexico’s Violence

Since January 2007 there have been more than 6,800 drug-war related deaths in Mexico, and Mexican drug cartels continue to expand their operations in American cities. Washington’s response has been to expand its prohibitionist efforts with the Mérida Initiative, a U.S.­Mexico anti-drug-trafficking program. Historically, however, prohibitionist policies have had little success in reducing the flow of drugs. Ted Galen Carpenter, Cato’s Vice President for Defense and Foreign Policy Studies, suggests a new strategy must be tried.

You can view the full event here.