Intrepid libertarian Radley Balko wrote a new must-read piece on Culture 11 on the catastrophically misguided “War on Drugs”.
This has always been a pet issue of mine, even though I know the Puritanical Insanity that ever-grips this country will probably never brook anything even remotely close to full decriminalization or legalization.
Simply put, my two main points on the topic are: (1) waging a “war” on drugs causes far more suffering than it is designed to combat; and (2) the struggle is futile and wastes billions of dollars and countless human lives.
I highly recommend reading the article. Money quote:
Even if the drug war were working—even if all the horrible things the federal government says are caused by illicit drugs were accurate (and some of them admittedly are), and even if the war on drugs were proving successful in eradicating or even significantly diminishing our access to those drugs—you’d have a difficult time arguing that the benefits would be worth the costs.But the kicker is, of course, that it isn’t working. Much of the federal government claims about the evils associated with illicit drugs are either exaggerated or misapplied effects not of the drugs, but of the government’s prohibition of them.
More to the point, none of this is working even taking drug war advocates’ positions at face value. It is as easy to achieve an illegal high today as it was in 1981, as it was in 1971, as it was in 1915. The vast majority of you reading this either know where to get a bag of marijuana, or know someone who knows where to get one. Specific drugs come in and out of vogue, but the desire to alter one’s consciousness, to escape life’s drab monotonies, or just to call in a different mindset is as strong and pervasive as it’s ever been, going back to the stone age. It’s also just as easy to fulfill.
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Debaters debate the two wars as if the civil war on drugs against Woodstock Nation did not yet run amok. Continuing the vendetta against all present at the peaceful public assembly of Woodstock Nation in August 1969, and their legions, cannot be good for the United States. We lead the world in percentile behind bars. If we are all about spreading liberty abroad, then why mix the message at home? Peace on the home front would enhance our credibility.
The negative numbers that will have to be used to bottom-line our legacy to the next generation can be less ginormous. The witch-hunt doctor’s Rx is for every bust to numerate a bigger tax-load over a smaller denominator of payers. Spend more on prisons than on schools. My second witch’s opinion is homegrown herbal remedy. More consumer discretionary funds will flow to the rest of the economy when they are no longer depleted by an unnatural seller’s market in psychoactive substances.
A clause about interstate commerce provides a pretext of constitutionality. Any excuse is better than none. So, how is that interstate commerce going? The mantra is eradicate, do not tax, the country’s number-one cash crop. Native flowers become as dear as gold. Gifted with margin to frustrate interdiction, peddlers’ bags do not carry coals to Newcastle. The founders’ purpose to authorize federal meddling in interstate commerce was not to divert tax revenue to outlaws. In 1933, America decided against substance prohibition in the case of the substance alcohol. Prohibitionists knew not to try to prohibit drugs by amendment. You don’t need any stinking amendment when you have a swat team.
Old England coerced conformity on the puritan nonconformists, so they came to New England, rather than submit. The coercion of Quakers started in England in 1650 and raged for 39 years in Massachusetts. The Toleration Act of 1689 granted freedom of worship to Quaker nonconformists. Not much is new, as the war on drugs coerces conformity on a double-digit-demographic of defiant nonconformists.
The 1641 Massachusetts Liberties [item 94.2] echoes the Mosaic Law that witches having or consulting a familiar spirit shall be put to death. In 1692, teenage girls caused 19 people, who their parents disliked, to hang. In 1693, the court stopped accepting invisible evidence. Gaols emptied. Fourteen years later, the leader of the accusers confided, “It was a great delusion of Satan that deceived me in that sad time, where I justly fear I may have brought upon myself and this land the guilt of innocent blood.”
The scheduled substances have never had their day in court. Nixon promised to supply supporting evidence later. Later, the Commission evidence wasn’t supporting. No matter, civil war against Woodstock Nation had its charter. No amendments can assure due-process under an arbitrary law that never had any due-process itself. Marijuana has no medical use, period. Open and shut cases clog the kangaroo courts. Juries exclude peers. Lives are flushed down expensive tubes.
The Controlled Substances Act is anti-science. Redundantly, there is no accepted use, nor will there ever be, when all use is not accepted. For example, LSD was hailed as a breakthrough for shining light into the subconscious, until the CSA halted research. America’s drug policy should seek light from the Beckley Foundation.
The Religious Freedom Restoration Act restores choice of sacrament for the Native American Church to eat peyote. All Americans, without distinction of church, should be extended the same freedom, to select scheduled sacraments to mediate communion in the rituals even of single-member sects.
To speak freely, one must first think freely. To create, one must be in a receptive mood. How could a bum such as I hope to achieve a great work such as ending a war? What was I smoking? The Constitution, as amended, does not enumerate any power to impede outside-the-box thinking or arbitrate states of consciousness. How and when did government acquire this power? Politicians who would limit cognitive liberty lack jurisdiction. The Controlled Substances Act of 1970 preempts free speech, such as these addled words of mine.
Common Law must hold that the people are the legal owners of their own bodies, including corporal components such as the various receptor sites. The people should have the same liberty to move about in their spiritual abodes as they have in their material apartments.
The people have a right to get drunk in their apartments, be it folly or otherwise. Some may self-medicate to comply with the dictum of Socrates to know thy self. Those who appreciate their own free choice of personal path in life should not deny the same to others. Live and let live. The Declaration of Independence gets right to the point. The pursuit of happiness is a self-evident, God-given, inalienable, right of man. The war on drugs is a war on the pursuit of happiness.
The books have ample law on them, without the CSA. The usual caveats, against injury to others, or their estates, remain in effect. Stronger medicines require a doctor’s prescription. Employees can be fired for poor job performance. People should be held responsible for damage caused by their screw-ups. No harm, no foul; and no excuse, either.
The annual dollar cost of the war on drugs at federal, state and local levels totals what, only 50 or 100B USD? If anybody is counting, please share. There is no lower-hanging, riper, or higher-yielding budgetary fruit than to kick the addiction to the third war, cold turkey. Repeal the Controlled Substances Act of 1970.
Thanks for that. It never ceases to amaze me how oblivious people are to the unintended consequences of the drug war. It all goes back, in my mind, to the puritanical notion that if something is "bad", we need to make it illegal — because otherwise, wouldn't people get the impression that the government ENDORSED drugs (and gay sex, and prostitution, etc.) if they weren't illegal? I mean, how's the War on Prostitution going? yeah, that's been illegal in western society for centuries — are we making any dent? nope…
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