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{{for|the [[Barenaked Ladies]] song "War on Drugs"|Everything to Everyone}}
[[Image:Drugs-PriceMarkUp2.jpg|thumb|Massive mark-ups for drugs, [http://www.strategy.gov.uk/work%20areas/drugs/index.asp UK Govt report]]]
{{for|the Barenaked Ladies song "War on Drugs"|Everything to Everyone}}
The "'''War on Drugs'''" is a [[prohibition (drugs)|prohibition]] campaign undertaken by the [[United States]] government with the assistance of participating countries, intended to reduce the [[illegal drug trade]]—to curb supply and diminish demand for certain [[psychoactive substance]]s deemed harmful by the government. This initiative includes a set of laws and policies that are intended to discourage the production, distribution, and consumption of targeted substances.


The '''War on Drugs''' is a [[prohibition (drugs)|prohibition]] campaign undertaken by the [[United States]] government with the assistance of participating countries, intended to reduce the [[illegal drug trade]]—to curb supply and diminish demand for specific [[psychoactive substance]]s deemed immoral, harmful or undesirable. This initiative includes a set of laws and policies that are intended to discourage the production, distribution, and consumption of targeted substances. The term was first used by President [[Richard Nixon]] in 1971, and his choice of words was probably based on the [[War on Poverty]], announced by President [[Lyndon B. Johnson]] in 1964.
==History==
In its broadest sense, the War on Drugs could be considered to have started in 1880, when the U.S. and [[China]] completed an agreement (see [[Opium wars]] and [[Lin Zexu]]) that prohibited the shipment of [[opium]] between the two countries. [[Prohibition in the United States|The United States alcohol prohibition]] from 1920–1933 is the most widely known historical period of drug prohibition. The term itself, however, was coined in 1971 by [[Richard Nixon]] to describe a new set of initiatives designed to enhance drug prohibition.


==United States domestic policy==
The first recorded instance of the United States enacting a ban on the domestic distribution of drugs is the [[Harrison Act|Harrison Narcotic Act]] [http://www.druglibrary.org/SCHAFFER/history/e1910/harrisonact.htm] of 1914. This act was presented and passed as a method of regulating the production and distribution of opiate-containing substances under the [[commerce clause]] of the U.S. Constitution, but a [http://www.druglibrary.org/schaffer/Library/studies/cu/cu8.html section] of the act was later interpreted by law enforcement officials for the purpose of prosecuting doctors who prescribe opiates to addicts.


{{seealso|Drug policy of the United States}}
In 1925 [[United States]] supported regulation of cannabis as a drug in the [[International Opium Convention]].<ref>[http://www.druglibrary.org/schaffer/history/e1920/willoughby.htm W.W. Willoughby: Opium as an international problem, Baltimore, The Johns Hopkins Press, 1925]</ref>
[[Image:DEA Operation Mallorca, 2005.jpg|caption|frame|Operation Mallorca, U.S. [[Drug Enforcement Administration]], 2005 ([http://www.usdoj.gov/dea/pubs/pressrel/pr061405.html US Department of Justice press release])]]
For U.S. public policy purposes, [[drug abuse]] is any personal use of a drug contrary to law. The definition includes marijuana, cocaine, heroin, methamphetamine, and otherwise-legal [[pharmaceutical]]s if they are obtained by illegal means or used for non-medicinal purposes. This differs from what mental health professionals classify as drug abuse per the [[DSM-IV]], which is defined as more problematic drug misuse, both of which are different from [[drug use]].


In 1994, it was reported that the War on Drugs results in the incarceration of one million Americans each year.<ref>{{cite journal|author=[[Lester Grinspoon]], M.D.& James B. Bakalar, J.D.|url=http://content.nejm.org/cgi/content/full/330/5/357|title=The War on Drugs—A Peace Proposal|publisher=[[New England Journal of Medicine]]|date=[[February 3]], [[1994]]|num=5|pages=357–360|volume=330}}</ref> Of the related drug arrests, about 225,000 are for possession of [[cannabis (drug)|marijuana]], the fourth most common cause of arrest in the United States.<ref>[[Federal Bureau of Investigation]]. Crime in the United States. Washington, D.C.: Government Printing Office, 1991.</ref> In the 1980s, while the number of arrests for all crimes was rising 28%, the number of arrests for drug offenses rose 126%.<ref>Austin J, McVey AD. The 1989 NCCD prison population forecast: the impact of the war on drugs. San Francisco: National Council on Crime and Delinquency, 1989.</ref> The United States has a higher proportion of its population incarcerated than any other country in the world for which reliable statistics are available, reaching a total of 2.2 million inmates in the U.S. in 2005. The U.S. Dept. of Justice, reporting on the effects of state initiatives, has stated that, from 1990 through 2000, "the increasing number of drug offenses accounted for 27% of the total growth among black inmates, 7% of the total growth among Hispanic inmates, and 15% of the growth among white inmates." In addition, the United States provides for the deportation of many non-citizens convicted of drug offenses.<ref>[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=774866 Jeff Yates, Gabriel J. Chin & Todd Collins, A War on Drugs or a War on Immigrants? Expanding the Definition of 'Drug Trafficking' in Determining Aggravated Felon Status for Non-Citizens, 64 Maryland Law Review 875 (1995)]</ref> Federal and state policies also impose [[Collateral consequences of criminal charges|collateral consequences]] on those convicted of drug offenses, such as denial of public benefits or licenses, that are not applicable to those convicted of other types of crime. <ref>Gabriel J. Chin, ''Race, The War on Drugs, and the Collateral Consequences of Criminal Conviction,'' [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=390109 6 Journal of Gender, Race & Justice 253 (2002)]</ref>
[[Prohibition in the United States|Alcohol prohibition]] in the U.S. first appeared under numerous provincial bans and was eventually codified under a federal [[Eighteenth Amendment to the United States Constitution|constitutional amendment]] in 1919, having been approved by 36 of the 48 U.S. states. The amendment remains the only major act of prohibition to be repealed, having been repealed by a later [[Twenty-first Amendment to the United States Constitution|constitutional amendment]] in 1933.


===Television Propaganda Efforts===
In 1937, congress passed the [[1937 Marijuana Tax Act|Marijuana Tax Act]]. Presented as a $&thinsp;1 nuisance tax on the distribution of marijuana, this act required anyone distributing the drug to maintain and submit a [http://www.druglibrary.org/schaffer/hemp/taxact/mjtaxact.htm detailed account] of his or her transactions, including inspections, affidavits, and private information regarding the parties involved. This law, however, was something of a "[[Catch-22 (logic)|Catch-22]]", as obtaining a tax stamp required individuals to first present their goods, which was an action tantamount to confession. No marijuana tax stamps were ever produced. This act was passed by Congress on the basis of testimony and public perception that marijuana caused [http://www.druglibrary.org/schaffer/History/whiteb1.htm insanity, criminality, and death].
The War On Drugs is supported by a substantial television [[propaganda]] effort, including anti-drug advertising spots from such organizations as the [[Partnership for a Drug-Free America]], and the [http://www.mediacampaign.org/ National Youth Anti-Drug Media Campaign], among others. Writers and producers of popular, prime-time television shows are also paid directly to write-in government-approved anti-drug messages, themes, and occasionally entire episodes.<REF>[http://archive.salon.com/news/feature/2000/01/13/drugs/ Salon Magazine "Prime-time Propaganda"]</REF>
<REF>[http://query.nytimes.com/gst/fullpage.html?res=9400E4DA1F3AF93BA25752C0A9669C8B63 Television's Risky Relationship]</REF>


==United States foreign policy==
The 1951 Boggs Act increased penalties fourfold; five years later, the 1956 Daniel Act increased penalties by a factor of eight over those specified in the Boggs Act. Although by this time there was adequate testimony to refute the claim that marijuana caused insanity, criminality, or death, the rationalizations for these laws shifted in focus to the proposition that marijuana use led to the use of heroin, creating the [[Gateway drug|gateway drug theory]].
{{main|Foreign policy of the United States}}
{{US involvement in Colombia‎}}


[[Operation Just Cause]] involves 25,000 American troops. The U.S. Government alleged that Gen. [[Manuel Noriega]], head of government of Panama, was involved in drug trafficking in [[Panama]]. As part of [[Plan Colombia]], the U.S. Government funded [[coca eradication]] through private contractors such as [[DynCorp]] and helped train the Colombian armed forces to eradicate coca and fight left-wing guerrillas such as the [[FARC]] (Revolutionary Armed Forces of Colombia) and right-wing paramilitaries such as the [[AUC]] (United Self-Defense Forces of Colombia), both of which have been accused of participating in the illegal drug trade in their areas of influence. Private U.S. enterprises have signed contracts to carry out anti-drug activities as part of Plan Colombia. [[DynCorp]], the largest private company involved, was among those contracted by the State Department, while others signed contracts with the Defense Department.<ref>''[http://www.colectivodeabogados.org/article.php3?id_article=1253 Private Security Transnational Enterprises in Colombia]'' [[José Alvear Restrepo Lawyers' Collective]] February, 2008.</ref>
Nixon's modern-day War on Drugs began in 1969. He characterized the abuse of illicit substances as "public enemy number one in the United States" at a press conference given on June 17th, 1971 [http://www.pbs.org/wgbh/pages/frontline/shows/drugs/cron/], although the [[Shafer Commission]] recommended legalizing possession and sale of small amounts of marijuana [http://norml.org/index.cfm?Group_ID=5097]. Under Nixon, the U.S. Congress passed the [[Controlled Substances Act]] of 1970. This legislation is the foundation on which the modern drug war exists. Responsibility for enforcement of this new law was given to the [[Bureau of Narcotics and Dangerous Drugs]] and then in 1973 to the newly formed [[Drug Enforcement Administration]].


In 2000, the Clinton administration initially waived all but one of the human rights conditions attached to Plan Colombia, considering such aid as crucial to national security at the time.<ref name="doug"> {{cite book | last=Stokes | first=Doug| title=[http://bailey83221.livejournal.com/54324.html America's Other War: Terrorizing Colombia] | publisher=Zed Books | year=2005 | isbn=1-84277-547-2}} p.&nbsp;99</ref> Subsequently, the U.S. government certified that the Colombian government had taken steps to improve respect for human rights and to prosecute abusers among its security forces.<ref name="CERTIFY">{{cite web| url =http://www.state.gov/r/pa/prs/ps/2002/9891.htm| title =Colombia: Determination and Certification of Colombian Armed Forces with Respect to Human Rights-Related Conditions| accessdate =2006-06-23| last =Boucher| first =Richard| date =2002-05-01| publisher =U.S. Embassy in Colombia}}</ref> The U.S. has later denied aid to individual Colombian military units accused of such abuses, such as the Palanquero Air Force base and the Army's XVII Brigade.<ref name="AIRBASE"> {{cite web |url=http://www.laborrights.org/press/oxy_052604.htm |title=The nation is sentenced to pay 2000 million pesos to the victims of the attack on Santo Domingo |accessdate= |accessmonthday= |accessdaymonth= |accessyear= |author=El Tiempo |date=2004-05-24 |work= |publisher=International Labor Rights Forum}}</ref><ref name="XVII">{{cite web |url=http://www.derechos.org/nizkor/colombia/doc/brigxvii1.html |title=El senado norteamericano pone objeciones a la Brigada XVII por violaciones graves al derecho internacional humanitario |author=Equipo Nizkor and Derechos Human Rights |date=2005-12-11 |language=Spanish}}</ref> Opponents of aid given to the Colombian military as part of the War on Drugs argue that the U.S. and Colombian governments primarily focus on fighting the guerrillas, devoting less attention to the paramilitaries although these have a greater degree of participation in the illicit drug industry. Critics argue that Human Rights Watch, congressional committees and other entities have documented the existence of connections between members of the Colombian military and the AUC, and that Colombian military personnel have committed human rights abuses which would make them ineligible for U.S. aid under current laws.
In 1988, towards the close of the Reagan administration, the [[Office of National Drug Control Policy]] was created for central coordination of drug-related legislative, security, diplomatic, research and health policy throughout the government. In recognition of his central role, the director of ONDCP is commonly known as the ''[[Director of the Office of National Drug Control Policy|Drug Czar]]''. The position was raised to cabinet-level status by [[Bill Clinton]] in 1993.


In January 2007, [[United States Attorney General|U.S. Attorney General]] [[Alberto Gonzales]] met in [[Mexico]] with his counterpart [[Eduardo Medina-Mora Icaza]] to discuss ways to stem growing drug-related violence in Mexican [[border town]]s associated with the [[illegal drug trade]] to America. More than 2,000 Mexicans died in [[gang]]land-style killings in 2006, prompting a petition by the U.S. [[Drug Enforcement Administration]] to open new offices in [[Nuevo Laredo]], [[Matamoros, Tamaulipas|Matamoros]], and [[Nogales, Sonora|Nogales]]. The requested expansion would bring the total number of Mexican offices to 11 and increase the number of DEA agents from 81 to nearly 100.<ref>{{cite news|url=http://www.chron.com/disp/story.mpl/headline/world/4465264.html|title=Attorneys general cite shared responsibility|date=2007-01-11 | last=Lloyd |first=Marion |publisher=[[Houston Chronicle]]}}</ref>
==Cost==


=== Merida Initiative===
The U.S. government estimates the cost of the War on Drugs by calculating the funds used in attempting to control the supply of illegal drugs, in paying government employees involved in waging the war on crack, and to satisfy rehabilitation costs. This total was estimated by the U.S. government's cost report on drug control to be roughly $&thinsp;12 billion in 2005. Additionally, in a separate report, the U.S. government reports that the cost of incarcerating drug law offenders was $&thinsp;30.1 billion—$&thinsp;9.1 billion for police protection, $&thinsp;4.5 billion for legal adjudication, and $&thinsp;11.0 billion for state and federal corrections. In total, roughly $&thinsp;45.5 billion was spent in 2005 for these factors.<ref name="06BUDGET"> {{cite web | author = | year =February 2005 | url =http://www.whitehousedrugpolicy.gov/publications/policy/06budget/06budget.pdf | title =National Drug Control Strategy—Budget summary| | format = | work =PDF | publisher =White House | accessmonthday =January 5 | accessyear =2007 }}</ref> The socioeconomic costs, as well as the individual costs (i.e., the personal disadvantages in income and career), caused by the incarceration of millions of people are not included in this number. Nor are the many real wars fought in the name of the "War on Drugs" included.
The [[Mérida Initiative]] is a security cooperation approved on June 30, 2008 between the [[United States]] and the government of [[Mexico]] and the countries of [[Central America]], with the aim of combating the threats of drug trafficking and transnational crime. The Merida Initiative will appropriate $1.4 billion in a three year commitment to the Mexican government for military and law enforcement training and equipment, as well as technical advice and training to strengthen the national justice systems. No weapons are included in the plan.<ref>[http://www.janes.com/news/defence/business/jdw/jdw071211_1_n.shtml Mexico's 2008 defence budget goes under review]</ref><ref> [http://www.politico.com/news/stories/0508/10180.html Bush pushes Mexico money in Iraq bill]</ref>


===Heroin production and smuggling===
In 1998 the total cost of drug abuse in America was estimated at $&thinsp;143.4 billion.<ref name="ABUSECOSTS"> {{cite web | author = | year =September 2001 | url =http://www.whitehousedrugpolicy.gov/publications/pdf/economic_costs98.pdf | title =The Economic Costs of Drug Abuse in The United States 1992–1998| | format = | work =PDF | publisher =Office of National Drug Control Policy | accessmonthday =January 5 | accessyear =2007 }}</ref> This number, however, includes indirect costs and includes some costs of drug policy enforcement, and so is not directly comparable.
In the 1980s, top U.S. Central Intelligence Agency (CIA) officials believed that they would never be able to justify a multibillion-dollar budget from the U.S. government to fund the Afghan radicals, 'The Mujahideen', in their fight against the Soviet army, which has occupied Afghanistan. As a result, the Mujahideen decided to generate funds through the poppy-rich Afghan soil and heroin production and smuggling to finance the Afghan war creating the notorious [[Pashtun Mafia]]. [[Ayub Afridi]], a radical [[Pashtun]] leader and drug baron, was the kingpin of this plan.<ref> Asia Times, Dec. 4, 2001, http://www.atimes.com/ind-pak/CL04Df01.html </ref>


==Effects==
==Criticism==
===Legality===
{{POV|date=December 2007}}
Drug use has increased in all categories since prohibition.<ref name="MonitoringTheFuture">[http://www.monitoringthefuture.org/new.html Monitoring The Future]</ref> Since 1937, the use of marijuana, once an activity seemingly limited to Mexican immigrants and jazz musicians,<ref>[http://www.druglibrary.org/schaffer/History/whiteb1.htm Charles Whitebread: The History of the Non-Medical Use of Drugs in the United States]</ref> has become one undertaken by up to 50&thinsp;% of the youth of the United States.<ref name="MonitoringTheFuture" /> Between 1972 and 1988 the use of cocaine increased more than fivefold.<ref>[http://www.rand.org/pubs/monograph_reports/MR331/ Controlling Cocaine: Supply Versus Demand Programs]</ref> The usage patterns of the current two most prevalent drugs, methamphetamine and ecstasy, have shown similar gains.<ref name="MonitoringTheFuture" />


In his essay ''The Drug War and the Constitution'',<ref>{{cite web |url=http://www.paulhager.org/libertarian/drug_con.html |title=The Drug War and the Constitution |last=Hager |first=Paul |year=1991 |work=The Libertarian Corner}}</ref> Libertarian philosopher Paul Hager makes the case that the War on Drugs in the United States is an illegal form of prohibition, which violates the principles of a limited government embodied in the [[United States Constitution|Constitution]]. [[Prohibition in the United States|Alcohol prohibition]] required [[Eighteenth Amendment to the United States Constitution|amending the Constitution]], because this was not a power granted to the federal government. Hager asserts if this is true, then [[Prohibition (drugs)|marijuana prohibition]] should likewise require a Constitutional amendment.
It was, however, successful in reducing the amount of marijuana being illegally imported into the country. As an [[unintended consequence]] of the War, drug smugglers turned to cocaine, which was easier to move and gave a much higher profit margin for the weight and volume of their product. It also gave incentive to U.S. marijuana growers who moved to meet the demand by increasing domestic marijuana production and improving its quality.


====Federalist argument====
A number of economically-depressed Colombian farmers in several remote areas of their country began to turn to what became a new, illicit [[cash crop]] for its high resale value and cheap manufacturing process. Local [[coca]] cultivation, however, remained comparatively rare in Colombia until the mid-1990s. Drug traffickers originally imported most coca base from traditional producers in [[Peru]] and [[Bolivia]] for processing in Colombia, continuing to do so until eradication efforts in those countries resulted in a "[[balloon effect]]".
[[Image:DrugWarEffectsOnPrices.jpg|thumb|No significant impact on retail or wholesale prices, [http://www.strategy.gov.uk/work areas/drugs/index.asp UK Govt report]]]


In her dissent in ''[[Gonzales v. Raich]]'', [[Supreme Court of the United States|Justice]] [[Sandra Day O'Connor]] argued that drug prohibition is an improper usurpation of the [[commerce clause|power to regulate interstate commerce]], and the power to prohibit should be [[states rights|reserved by the states]]. In the same case, Justice [[Clarence Thomas]] wrote a stronger dissent expressing the similar idea.
Despite the Reagan administration's high-profile public pronouncements, secretly, many senior officials of the Reagan administration illegally trained and armed the [[Nicaraguan]] [[Contras]], which they funded by the shipment of large quantities of cocaine into the United States using U.S. government aircraft and U.S. military facilities.<ref name="archive">{{cite web | title = The Contras, Cocaine, and Covert Operations / Documentation of Official U.S. Knowledge of Drug Trafficking and the Contras |publisher= The National Security Archive, The George Washington University| url = http://www2.gwu.edu/~nsarchiv/NSAEBB/NSAEBB2/nsaebb2.htm | accessmonthday = July 22 | accessyear = 2006 }}</ref><ref name = "whiteout"> {{cite book | last = Cockburn | first = Alexander | authorlink = | coauthors = Jeffrey St. Clair | year = 1998 | title = '''Whiteout, the CIA, Drugs and the Press''' | publisher = Verso | location = New York | id = ISBN 1-85984-258-5 }} </ref> Funding for the Contras was also obtained through the illegal sale of weaponry to [[Iran]].<ref>http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB2/nsaebb2.htm</ref><ref>http://www.nytimes.com/books/97/06/29/reviews/iran-transcript.html</ref> When this practice was discovered and condemned in the media, it was referred to as the [[Iran-Contra]] affair, but the large cocaine shipments into the US to fund the Administration's illegal foreign policy agenda were much less known.


====Substantive due process====
Another milestone occurred in 1996, when 56&thinsp;% of California voters voted for [[California Proposition 215 (1996)|Proposition 215]], legalizing the growing and use of [[cannabis (drug)|marijuana]] for [[Medical cannabis|medical purposes]]. This created significant legal and policy tensions between the federal and state governments. Courts have since decided that neither this nor any similar acts will protect users from federal prosecution (e.g., see [[Gonzales v. Raich]]).


Another argument against drug prohibition is based on the notion that its practice violates implicit rights within the [[substantive due process]] doctrine. It has been suggested that anti-drug laws do not achieve enough reasonable benefit to State interests to justify arbitrarily restricting basic individual liberties that are supposed to be guaranteed by the Fifth and the Fourteenth Amendments to the US Constitution. One proponent of this notion is attorney [[Warren Redlich]].<ref>{{cite web |url=http://www.redlichlaw.com/crim/substantive-due-process-drug-war.pdf |title=A Substantive Due Process Challenge to the War on Drugs |last=Redlich |first=Warren |authorlink=Warren Redlich |date=2005-02-05 |format=PDF |quote=It is true that the approach suggested in this paper would limit police power. Constitutional protection of individual rights exists for that very purpose. We face coercive government action, carried out in a corrupt and racist manner, with military and paramilitary assaults on our homes, leading to mass incarceration and innocent deaths. We can never forget the tyranny of a government unrestrained by an independent judiciary. Our courts must end the War on Drugs.}}</ref>
Regardless of public opinion, marijuana could be the single most targeted drug in the drug war. It constitutes almost half of all drug arrests, and between 1990–2002, out of the overall drug arrests, 82&thinsp;% of the increase was for marijuana. In this same time period, New York experienced an increase of 2.640&thinsp;% for marijuana possession arrests.{{Fact|date=April 2007}}


The substantive due process argument is sometimes used in [[medical marijuana]] cases. [[NORML]] once wrote in an [[amicus brief]] on ''[[United States v. Oakland Cannabis Buyers' Cooperative]]'' that the right to use [[medical marijuana]] to save one's life is within the rights established by the substantive due process.<ref> [http://www.norml.org/index.cfm?Group_ID=4950 Amicus brief] NORML </ref> However, the [[Supreme Court of the United States|Supreme Court]] found against the medical marijuana dispensary and for the United States in the aforementioned case. Some<!--as in some Wikipedia editors--> apparently believe that this invalidates the substantive due process argument against the [[Controlled Substances Act]].
As of 2006, marijuana has become the United States of America's biggest cash crop.<ref name="americas_top_cash_crop">{{cite web | url =http://www.drugscience.org/Archive/bcr2/intro.html | title =Marijuana is US's biggest cash crop | accessmonthday =October 8 | accessyear =2007 }}</ref>


However, the Supreme Court expressly ''declined'' to rule on the issue of substantive due process in the aforementioned case, ruling against the medical marijuana dispensary in question on grounds of statutory construction, as the Court found that there was no standalone medical necessity defense in the Controlled Substances Act. Justice Clarence Thomas' majority opinion clearly explains that the Court did not consider any Constitutional arguments in coming to the conclusion that it reached. As Justice Thomas expressly states in his majority opinion: "Finally, the Cooperative contends that we should construe the Controlled Substances Act to include a medical necessity defense in order to avoid what it considers to be difficult constitutional questions. In particular, the Cooperative asserts that, shorn of a medical necessity defense, the statute exceeds Congress’ Commerce Clause powers, violates the substantive due process rights of patients, and offends the fundamental liberties of the people under the [[Fifth Amendment to the United States Constitution|Fifth]], [[Ninth Amendment to the United States Constitution|Ninth]], and [[Tenth Amendment to the United States Constitution|Tenth]] Amendments. As the Cooperative acknowledges, however, the canon of constitutional avoidance has no application in the absence of statutory ambiguity. Because we have no doubt that the Controlled Substances Act cannot bear a medical necessity defense to distributions of marijuana, we do not find guidance in this avoidance principle. Nor do we consider the underlying constitutional issues today. Because the Court of Appeals did not address these claims, we decline to do so in the first instance."<ref>[http://www.law.cornell.edu/supct/html/00-151.ZO.html United States v. Oakland Cannabis Buyer's Cooperative, Majority Opinion of Justice Thomas] United States v. Oakland Cannabis Buyer's Cooperative</ref> As such, the question of the constitutionality of the Controlled Substances Act under the doctrine of substantive due process remains an open one, undecided by the Supreme Court, and debated by the citizens of the United States. Even some opponents of the substantive due process argument who support the War on Drugs have noted that the doctrine could potentially lead to the invalidation of anti-drug laws.<ref> [http://www.boalt.org/bjcl/v8/v8tennenprint.htm Is the Constitution in Harm's Way? Substantive Due Process and Criminal Law] Eric Tennen </ref>
==United States domestic policy==
[[Image:DEA Operation Mallorca, 2005.jpg|caption|frame|Operation Mallorca, U.S. [[Drug Enforcement Administration]], 2005 ([http://www.usdoj.gov/dea/pubs/pressrel/pr061405.html US Department of Justice press release])]]
For U.S. public policy purposes, [[drug abuse]] is any personal use of a drug contrary to law. The definition includes otherwise-legal [[pharmaceutical]]s if they are obtained by illegal means or used for non-medicinal purposes. This differs from what mental health professionals classify as drug abuse per the [[DSM-IV]], which is defined as more problematic drug misuse, both of which are different from [[drug use]].


====Racial inequities in prosecution====
In 1994, it was reported that the War on Drugs results in the incarceration of one million Americans each year.<ref>{{cite journal|author=[[Lester Grinspoon]], M.D.& James B. Bakalar, J.D.|url=http://content.nejm.org/cgi/content/full/330/5/357|title=The War on Drugs—A Peace Proposal|publisher=[[New England Journal of Medicine]]|date=February 3, 1994|vol=330|num=5|pages=357–360}}</ref> Of the related drug arrests, about 225,000 are for simple possession of [[cannabis (drug)|marijuana]], the fourth most common cause of arrest in the United States.<ref>[[Federal Bureau of Investigation]]. Crime in the United States. Washington, D.C.: Government Printing Office, 1991.</ref> In the 1980s, while the number of arrests for all crimes was rising 28&thinsp;%, the number of arrests for drug offenses rose 126&thinsp;%.<ref>Austin J, McVey AD. The 1989 NCCD prison population forecast: the impact of the war on drugs. San Francisco: National Council on Crime and Delinquency, 1989.</ref> The United States has a higher proportion of its population incarcerated than any other country in the world for which reliable statistics are available, reaching a total of 2.2 million inmates in the U.S. in 2005. The U.S. Dept. of Justice, reporting on the effects of state initiatives, has stated that, from 1990 through 2000, "the increasing number of drug offenses accounted for 27&thinsp;% of the total growth among black inmates, 7&thinsp;% of the total growth among Hispanic inmates, and 15&thinsp;% of the growth among white inmates."


The social consequences of the drug war have been widely criticized by such organizations as the [[American Civil Liberties Union]] as being racially biased against minorities and disproportionately responsible for the exploding [[Incarceration in the United States|United States prison population]]. According to a report commissioned by the [[Drug Policy Alliance]], and released in March 2006 by the [[Justice Policy Institute]], America's "[[Drug-free school zone|Drug-Free Zones]]" are ineffective at keeping youths away from drugs, and instead create strong racial disparities in the judicial system.<ref name="justice">{{cite web | title = How drug-free zone laws impact racial disparity–and fail to protect youth |publisher= Justice Policy Institute | url = http://www.justicepolicy.org/article.php?id=575| accessmonthday = July 27 | accessyear = 2006 }}</ref>
==United States foreign policy==


{{US involvement in Colombia‎}}
====Possible U.S. government involvement in cocaine trafficking====
{{Further|[[CIA and Contra's cocaine trafficking in the US]]}}
A lawsuit filed in 1986 by two [[journalist]]s represented by the [[Christic Institute]] alleges that the [[Central Intelligence Agency]] (CIA) and other parties are engaged in criminal acts, including financing the purchase of arms with the proceeds of cocaine sales.<ref>{{cite web |url=http://foia.fbi.gov/christic_institute/christic_institute.pdf |title=Subject: Christic Institute |year=1987 |format=PDF |work=Lawsuit: Tony Avirgan and Martha Honey v. John Hull, ''et al.'' |publisher=[[Federal Bureau of Investigation]]}}</ref>


[[US Senate|Senator]] [[John Kerry]]'s 1988 [[U.S. Senate Committee on Foreign Relations]] report on Contra drug links, which was released on [[April 20]], [[1989]], concludes that members of the U.S. State Department "who provided support for the Contras are involved in drug trafficking...and elements of the Contras themselves knowingly receive financial and material assistance from drug traffickers."<ref name = "whiteout">{{cite book | last = Cockburn | first = Alexander | authorlink = Alexander Cockburn | coauthors = [[Jeffrey St. Clair]] | title = Whiteout, the CIA, drugs and the press | publisher = [[Verso]] | year= 1998 | location = [[NYC|New York]] | isbn = 1-85984-258-5 }}</ref> The report further states that "the Contra drug links include...payments to drug traffickers by the U.S. State Department of funds authorized by the Congress for humanitarian assistance to the Contras, in some cases after the traffickers had been indicted by federal law enforcement agencies on drug charges, in others while traffickers were under active investigation by these same agencies."
The United States has also initiated a number of military actions as part of its War on Drugs, such as the 1989 invasion of Panama codenamed [[Operation Just Cause]] involving 25,000 American troops. The U.S. alleged that Gen. [[Manuel Noriega]], head of government of Panama, was involved in drug trafficking in [[Panama]]. As part of [[Plan Colombia]], the U.S. has funded [[coca eradication]] through private contractors such as [[DynCorp]] and helped train the Colombian armed forces to eradicate coca and fight left-wing guerrillas such as the [[FARC]] (Revolutionary Armed Forces of Colombia) and right-wing paramilitaries such as the [[AUC]] (United Self-Defense Forces of Colombia), both of which have been accused of participating in the illegal drug trade in their areas of influence.


In 1996, journalist [[Gary Webb]] published reports in the [[San Jose Mercury News]],<ref>{{cite news | last = Webb | first = Gary | title = Iran-Contra articles | publisher = [[San Jose Mercury News]] | year= 1996 | url = http://www.mega.nu:8080/ampp/webb.html }}</ref> and later in his book [[Dark Alliance]],<ref> {{cite book | last = Webb | first = Gary | title = Dark alliance: The CIA, the Contras, and the crack cocaine explosion | publisher = [[Seven Stories Press|Seven Stories]] | year= 1998 | isbn = 1-888363-68-1 }} </ref> detailing how Contras have distributed [[crack cocaine]] into [[Los Angeles]] to fund weapons purchases. These reports were initially attacked by various other newspapers in attempts to debunk the link by citing official reports that apparently had been cleared by the CIA.
In 2000, the Clinton administration initially waived all but one of the human rights conditions attached to Plan Colombia, considering such aid as crucial to national security at the time.<ref name="doug"> {{cite book | last=Stokes | first=Doug| title=[http://bailey83221.livejournal.com/54324.html America's Other War: Terrorizing Colombia] | publisher=Zed Books | year=2005 | isbn=1-84277-547-2}} p.&nbsp;99</ref> Subsequently, the U.S. government certified that the Colombian government had taken steps to improve respect for human rights and to prosecute abusers among its security forces.<ref name="CERTIFY">{{cite web| url =http://www.state.gov/r/pa/prs/ps/2002/9891.htm| title =Colombia: Determination and Certification of Colombian Armed Forces with Respect to Human Rights-Related Conditions| accessdate =2006-06-23| last =Boucher| first =Richard| date =2002-05-01| publisher =U.S. Embassy in Colombia}}</ref> The U.S. has later denied aid to individual Colombian military units accused of such abuses, such as the Palanquero Air Force base and the Army's XVII Brigade.<ref name="AIRBASE"> {{cite web |url=http://www.laborrights.org/press/oxy_052604.htm |title=The nation is sentenced to pay 2000 million pesos to the victims of the attack on Santo Domingo |accessdate= |accessmonthday= |accessdaymonth= |accessyear= |author=El Tiempo |date=2004-05-24 |work= |publisher=International Labor Rights Forum}}</ref><ref name="XVII">{{cite web |url=http://www.derechos.org/nizkor/colombia/doc/brigxvii1.html |title=El senado norteamericano pone objeciones a la Brigada XVII por violaciones graves al derecho internacional humanitario |author=Equipo Nizkor and Derechos Human Rights |date=2005-12-11 |language=Spanish}}</ref> Opponents of aid given to the Colombian military as part of the War on Drugs argue that the U.S. and Colombian governments primarily focus on fighting the guerrillas, devoting less attention to the paramilitaries although these have a greater degree of participation in the illicit drug industry. Critics argue that Human Rights Watch, congressional committees and other entities have documented the existence of connections between members of the Colombian military and the AUC, and that Colombian military personnel have committed human rights abuses which would make them ineligible for U.S. aid under current laws.


In 1998, CIA [[Inspector General]] [[Frederick Hitz]] published a two-volume report<ref>{{cite paper | author = Frederick Hitz | title = CIA Inspector General report into allegations of connections between the CIA and the Contras in cocaine trafficking to the United States | publisher = [[CIA]] | year= 1998 | url = https://www.cia.gov/library/reports/general-reports-1/cocaine/report/index.html }}</ref> that substantiates many of Webb's claims, and describes how 50 Contras and Contra-related entities involved in the drug trade have been protected from law enforcement activity by the [[Reagan-Bush administration]], and documents a cover-up of evidence relating to these incidents. The report also shows that the National Security Council was aware of these activities. A report later that same year by the [[United States Department of Justice|Justice Department]] Inspector General also arrives at similar conclusions.
In January 2007, [[United States Attorney General|U.S. Attorney General]] [[Alberto Gonzales]] met in [[Mexico]] with his counterpart [[Eduardo Medina-Mora Icaza]] to discuss ways to stem growing drug-related violence in Mexican [[border town]]s associated with the [[illegal drug trade]] to America. More than 2,000 Mexicans died in [[gang]]land-style killings in 2006, prompting a petition by the U.S. [[Drug Enforcement Administration]] to open new offices in [[Nuevo Laredo]], [[Matamoros, Tamaulipas|Matamoros]], and [[Nogales, Sonora|Nogales]]. The requested expansion would bring the total number of Mexican offices to 11 and increase the number of DEA agents from 81 to nearly 100.<ref>{{cite news|url=http://www.chron.com/disp/story.mpl/headline/world/4465264.html|title=Attorneys general cite shared responsibility|date=2007-01-11 | last=Lloyd |first=Marion |publisher=[[Houston Chronicle]]}}</ref>


===Efficacy===
===U.S. government alleged involvement in cocaine trafficking===
[[Image:Rentz vs Narcotics Smugglers.jpg|thumb|300px|right|[[USS Rentz (FFG-46)]] combats a fire set by drug smugglers trying to escape and destroy evidence.]]
A lawsuit filed in 1986 by two [[journalist]]s represented by the [[Christic Institute]], alleged that the [[Central Intelligence Agency]] (CIA) and other parties were engaged in criminal acts, including financing the purchase of arms with the proceeds of cocaine sales.<ref>{{cite web |url=http://foia.fbi.gov/christic_institute/christic_institute.pdf |title=Subject: Christic Institute |year=1987 |format=PDF |work=Lawsuit: Tony Avirgan and Martha Honey v. John Hull, ''et al.'' |publisher=[[Federal Bureau of Investigation]]}}</ref>
====National Research Council Study====


In 2001, the [[United States National Research Council|National Research Council]] Committee on Data and Research for Policy on Illegal Drugs published its findings on the efficacy of the drug war. The NRC Committee found that existing studies on efforts to address drug usage and smuggling, from U.S. military operations to eradicate coca fields in Colombia, to domestic drug treatment centers, have all been inconclusive, if the programs have been evaluated at all: "The existing drug-use monitoring systems are strikingly inadequate to support the full range of policy decisions that the nation must make.... It is unconscionable for this country to continue to carry out a public policy of this magnitude and cost without any way of knowing whether and to what extent it is having the desired effect."<ref>[http://209.85.215.104/search?q=cache:BF_QQZiMZggJ:www.dpeg.org/dpeg_2001_spg.pdf+charles+manski+scathing&hl=en&ct=clnk&cd=2&gl=us&client=safari Drug Policy News], Drug Policy Education Group, Vol. 2 No.1, Spring/Summer 2001, p.5</ref> The study, though not ignored by the press, was ignored by top-level policymakers, leading Committee Chair [[Charles Manski]] to conclude, as one observer notes, that "the drug war has no interest in its own results." <ref>[http://www.drugsense.org/dsw/2001/ds01.n215.html "Weekly News in Review"], DrugSense Weekly, August 31, 2001 #215</ref>
[[US Senate|Senator]] [[John Kerry]]'s [[1988]] [[U.S. Senate Committee on Foreign Relations]] report on Contra drug links, which was released on [[April 20]], [[1989]], concluded that members of the U.S. State Department "who provided support for the Contras were involved in drug trafficking...and elements of the Contras themselves knowingly received financial and material assistance from drug traffickers."<ref name = "whiteout">{{cite book | last = Cockburn | first = Alexander | authorlink = Alexander Cockburn | coauthors = [[Jeffrey St. Clair]] | title = Whiteout, the CIA, drugs and the press | publisher = [[Verso]] | year= 1998 | location = [[NYC|New York]] | isbn = 1-85984-258-5 }}</ref> The report went on to say that "the Contra drug links included...payments to drug traffickers by the U.S. State Department of funds authorized by the Congress for humanitarian assistance to the Contras, in some cases after the traffickers had been indicted by federal law enforcement agencies on drug charges, in others while traffickers were under active investigation by these same agencies."


====Barriers to scientific research====
In 1996, journalist [[Gary Webb]] published reports in the [[San Jose Mercury News]],<ref>{{cite news | last = Webb | first = Gary | title = Iran-Contra articles | publisher = [[San Jose Mercury News]] | year= 1996 | url = http://www.mega.nu:8080/ampp/webb.html }}</ref> and later in his book ''[[Dark Alliance]]'',<ref> {{cite book | last = Webb | first = Gary | title = Dark alliance: The CIA, the Contras, and the crack cocaine explosion | publisher = [[Seven Stories Press|Seven Stories]] | year= 1998 | isbn = 1-888363-68-1 }} </ref> detailing how Contras had distributed [[crack cocaine]] into [[Los Angeles]] to fund weapons purchases. These reports were initially attacked by various other newspapers, which attempted to debunk the link, citing official reports that apparently cleared the CIA.


Some members of the scientific community are concerned that U.S. drug policy hinders and scares away legitimate medical and scientific research efforts.<ref>{{cite news
''[[The Wall Street Journal]]'' reported on [[January 29]], [[1997]]<ref>{{cite web | url = http://web.archive.org/web/20041120182011/http://www.csun.edu/CommunicationStudies/ben/news/cia/mena/970129.wsj.html | title = Mysterious Mena: CIA Discloses, Leach Disposes | accessmonthday = October 24 | accessyear = 2006 | date = [[January 29]], [[1997]] | publisher = Wall Street Journal }}</ref> on activities at the [[Mena, Arkansas]] airport allegedly involved then-governor [[Bill Clinton]] in a coverup of illegal drug-trading activity. The Wall Street Journal article goes on to state:
| author = Schaper, David
| title = Scientists See Research Value in Salvia
| url = http://www.npr.org/templates/story/story.php?storyId=5290545
<!--|archiveurl = http://www.webcitation.org/5SOEbcpsu <- in case original URL dies -->
<!--|archivedate = 2007-10-06 -->
|publisher = NPR (National Public Radio)
| date = [[2006-03-20]]
| quote = Thomas Prisinzano, a University of Iowa professor in the division of medicinal and natural products [...] says. "The field is really beginning to grow, and we are beginning to know and understand more of what Salvia and Salvinorin A are able to do in the body." He and others worry that classifying Salvia as a Schedule One drug of abuse [...] could slow or even halt promising research.
<!--accessdate=2008-09-03 (not for display)-->
}}</ref><ref>{{cite web
| last = Roth
| first = Bryan L.
| title = Fast Moving Fronts—Comments by Professor Bryan Roth
| publisher = Essential Science Indicators (ESI)
| url = http://www.esi-topics.com/fmf/2007/july07-BryanRoth.html
| year = 2007
| month = July
| quote = Placing ''Salvia divinorum'' and salvinorin A in Schedule I status would greatly hinder biomedical research into the potential utilities of Salvia divinorum, salvinorin A, and various derivatives.
| accessdate = 2008-09-03
<!--|archiveurl = http://www.webcitation.org/5SODUUIqM <- in case original URL dies -->
<!--|archivedate = 2007-10-06 -->
}}</ref><ref>{{cite news
| author = Moran, Terry & Max Culhane
| title = Parents Blame Exotic Plant for Son’s Suicide
| url = http://abcnews.go.com/Nightline/Story?id=3685391&page=1
<!--alt. url http://abcnews.go.com/Nightline/Story?id=3685391&page=2 <-page 2 -->
<!--|archiveurl = http://www.webcitation.org/5SODrQ01e <- Page 1 in case original URL dies -->
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<!--|archiveurl = http://www.webcitation.org/5SOE7fb6M <- Comments in case original URL dies -->
<!--|archivedate = 2007-10-06 -->
| page = 2
| work = Nightline
|publisher = ABC News
| date = [[2007-10-03]]
| quote = [Clinical pharmacologist John] Mendelsohn said scheduling salvia could scare away a great deal of research and development into salvia's therapeutic promise.
<!--accessdate=2008-09-03 (not for display)-->
}}</ref><ref>"Perspectives", ''[[Scientific American]]'', December 2004</ref> Dr. [[Rick Strassman]], a researcher into the particular effects of [[Dimethyltryptamine|''N'',''N''-dimethyltryptamine]], writes in his book ''DMT: The Spirit Molecule'':


{{cquote|Many of today's most respected North American and European psychiatric researchers, in both academics and industry, now chairmen of major university departments and presidents of national psychiatric organizations, began their professional lives investigating psychedelic drugs. The most powerful members of their profession discovered that science, data, and reason were incapable of defending their research against the enactment of repressive laws fueled by opinion, emotion, and the media. Once these laws passed, government regulators and funding agencies quickly withdrew permits, drugs, and money. The same psychedelic drugs that researchers thought were unique keys to mental illness, and that had launched dozens of careers, became feared and hated.|Rick Strassman (2001). ''DMT: The Spirit Molecule'', pages 28-29.<ref>{{cite book
{{"|One of the most successful drug informants in U.S. history, smuggler [[Barry Seal]], based his air operation at Mena. At the height of his career he was importing as much as 1,000 pounds of cocaine per month, and had a personal fortune estimated at more than $&thinsp;50 million. After becoming an informant for the Drug Enforcement Administration, he worked at least once with the CIA, in a Sandinista drug sting. One of his planes—with an Arkansas pilot at the wheel and [[Eugene Hasenfus]] in the cargo bay—was shot down over Nicaragua with a load of Contra supplies.}}
| last = Strassman
| first = Rick
| year = 2001
| authorlink = Rick Strassman
| title = DMT: The Spirit Molecule: A Doctor's Revolutionary Research into the Biology of Near-Death and Mystical Experiences
| url = http://exitthematrix.dod.net/books/DMT_The_Spirit_Molecule.pdf
| chapter = Psychedelic Drugs: Science and Society
| publisher = Park Street Press
| pages = 28–29
| isbn = 0-89281-927-8|format=PDF}} {{Dead link|date=January 2009}}</ref>
}}


The U.S. government classification of [[cannabis (drug)|marijuana]] as a [[List of Schedule I drugs|Schedule I drug]] (having no accepted medical use) is contradicted by several scientific studies which suggest that it may in fact have medicinal value as a treatment for ailments such as cancer,<ref>Journal of the National Cancer Institute (2007, December 27). Cannabinoids May Inhibit Cancer Cell Invasion. ScienceDaily. Retrieved August 27, 2008, from http://www.sciencedaily.com­/releases/2007/12/071226004546.htm</ref> glaucoma, Fibromyalgia,<ref>American Pain Society (2008, February 18). Marijuana-based Drug Reduces Fibromyalgia Pain, Study Suggests. ScienceDaily. Retrieved August 27, 2008, from http://www.sciencedaily.com­/releases/2008/02/080217214547.htm</ref> and neuropathic pain,<ref>American Pain Society (2008, June 29). Marijuana May Be Effective For Neuropathic Pain. ScienceDaily. Retrieved August 27, 2008, from http://www.sciencedaily.com­/releases/2008/06/080626150628.htm</ref> among others. In fact, in the abstract for patent number 6630507<ref>U.S. Patent & Trademarks Office, Patent #6630507 retrieved Oct. 8, 2008 from: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=6630507.PN.&OS=PN/6630507&RS=PN/6630507</ref> filed Feb. 2, 2001 ''"Cannabinoids as antioxidants and neuroprotectants"'', held by the United States of America as represented by the Department of Health and Human Services (Washington, DC), they state "Cannabinoids have been found to have antioxidant properties, unrelated to NMDA receptor antagonism. This new found property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and autoimmune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer's disease, Parkinson's disease and HIV dementia."
In 1998, CIA [[Inspector General]] [[Frederick Hitz]] published a two-volume report<ref>{{cite paper | author = Frederick Hitz | title = CIA Inspector General report into allegations of connections between the CIA and the Contras in cocaine trafficking to the United States | publisher = [[CIA]] | year= 1998 | url = https://www.cia.gov/library/reports/general-reports-1/cocaine/report/index.html }}</ref> that substantiated many of Webb's claims, and described how 50 contras and contra-related entities involved in the drug trade had been protected from [[law enforcement]] activity by the [[Reagan-Bush administration]], and documented a cover-up of evidence relating to these activities. The report also showed that the National Security Council was aware of these activities. A report later that same year by the [[Justice Department]] Inspector General also came to similar conclusions.


====Assorted arguments against the efficacy of the War on Drugs====
===U.S.-sponsored heroin production and smuggling===
Critics often note that during [[Prohibition in the United States|alcohol prohibition]], alcohol use initially fell but began to increase as early as 1922. It has been extrapolated that even if prohibition hadn't been repealed in 1933, alcohol consumption would have quickly surpassed pre-prohibition levels <ref>[http://www.cato.org/pubs/pas/pa-157.html Alcohol Prohibition Was a Failure<!-- Bot generated title -->]</ref>. They argue that the War on Drugs uses similar measures and is no more effective. In the six years from 2000–2006, the USA spent $4.7 billion on [[Plan Colombia]], an effort to eradicate coca production in Colombia. The main result of this effort was to shift coca production into more remote areas and force other forms of adaptation. The overall acreage cultivated for coca in Colombia at the end of the six years was found to be the same, after the U.S. Drug Czar's office announced a change in measuring methodology in 2005 and included new areas in its surveys.<ref name = "est"> {{cite web | date =April 14, 2006 | url =http://www.whitehousedrugpolicy.gov/news/press06/041406.html | title =2005 Coca Estimates for Colombia | publisher =Office of National Drug Control Policy | accessdate =October 04 | accessyear =2007 }}</ref> Cultivation in the neighboring countries of Peru and Bolivia actually increased.<ref>Juan Forero, "Colombia's Coca Survives U.S. plan to uproot it", The New York Times, August 19, 2006 </ref>
In the 1980s, top U.S. Central Intelligence Agency (CIA) officials believed that they would never be able to justify a multibillion-dollar budget from the U.S. government to fund the Afghanistani Muslim radicals, the mujahideen, in their fight against the Soviet army, which had occupied Afghanistan. As a result, the CIA decided to generate funds through the poppy-rich Afghan soil and heroin production and smuggling to finance the Afghan war creating the notorious [[Pashtun Mafia]]. [[Ayub Afridi]], a radical [[Pashtun]] Muslim leader and drug baron, was the kingpin of this plan.<ref> Asia Times, Dec. 4, 2001, http://www.atimes.com/ind-pak/CL04Df01.html </ref>


Similar lack of efficacy is observed in some other countries pursuing similar{{Fact| in conflict with article about cannabis laws in Canada|date=April 2008}} policies. In 1994, 28.5% of Canadians reported having consumed illicit drugs in their life; by 2004, that figure had risen to 45%. 73% of the $368 million spent by the Canadian government on targeting illicit drugs in 2004–2005 went toward law enforcement rather than treatment, prevention or harm reduction.<ref>{{cite web |url=http://www.cbc.ca/canada/british-columbia/story/2007/01/15/drug-strategy.html |title=Canada's anti-drug strategy a failure, study suggests |author=CBC News |date=2007-01-15}}</ref>
==Criticism==
{{worldwide|date=October 2007}}


[[Richard Davenport-Hines]], in his book ''The Pursuit of Oblivion'' (W.W. Norton & Company, 2001), criticized the efficacy of the War on Drugs by pointing out that {{cquote|10–15% of illicit heroin and 30% of illicit cocaine is intercepted. Drug traffickers have gross profit margins of up to 300%. At least 75% of illicit drug shipments would have to be intercepted before the traffickers' profits were hurt.}}
===Legitimacy===


[[Alberto Fujimori]], president of [[Peru]] from 1990–2000, described U.S. foreign drug policy as "failed" on grounds that "for 10 years, there has been a considerable sum invested by the Peruvian government and another sum on the part of the American government, and this has not led to a reduction in the supply of coca leaf offered for sale. Rather, in the 10 years from 1980 to 1990, it grew 10-fold."<ref>Don Podesta and Douglas Farah, "Drug Policy in Andes Called Failure," ''[[Washington Post]]'', March 27, 1993</ref>
{{"|We're playing with half a deck as long as we tolerate that the cardinals of government and science should dictate where human curiousity can legitimately send its attention and where it can not. It's an essentially preposterous situation. It is essentially a civil rights issue, because what we're talking about here is the repression of a religious sensibility. In fact, not ''a'' religious sensibility, ''the'' religious sensibility.|[[Terence McKenna]] in: ''Non-Ordinary States Through Vision Plants'', Sound Photosynthesis, Mill Valley CA., 1988, ISBN 1-569-64709-7}}


At least 500 economists, including [[Nobel Laureate]]s [[Milton Friedman]], [[George Akerlof]] and [[Vernon L. Smith]], have noted that reducing the supply of marijuana without reducing the demand causes the price, and hence the profits of marijuana sellers, to go up, according to the laws of supply and demand.<ref>{{cite web|title=An open letter|url=http://www.prohibitioncosts.org/endorsers.html|publisher=Prohibition Costs|accessdate=2008-02-20}}</ref> The increased profits encourage the producers to produce more drugs despite the risks, providing a theoretical explanation for why attacks on drug supply have failed to have any lasting effect. The aforementioned economists published an open letter to President [[George W. Bush]] stating "We urge…the country to commence an open and honest debate about marijuana prohibition... At a minimum, this debate will force advocates of current policy to show that prohibition has benefits sufficient to justify the cost to taxpayers, foregone tax revenues and numerous ancillary consequences that result from marijuana prohibition." A 2008 study by Harvard economist [[Jeffrey A. Miron]] has estimated that legalizing drugs would inject $76.8 billion a year into the U.S. economy — $44.1 billion from law enforcement savings, and at least $32.7 billion in tax revenue ($6.7 billion from marijuana, $22.5 billion from cocaine and heroin, remainder from other drugs).<ref>{{cite news|url=http://blogs.reuters.com/great-debate/2008/12/03/einstein-insanity-and-the-war-on-drugs/|title=Einstein, insanity and the war on drugs|author=Bernd Debusmann|publisher=Reuters|date=2008-12-03}}</ref><ref>{{cite news|publisher=Baltimore Sun|url=http://www.baltimoresun.com/news/local/bal-md.rodricks02dec02,0,6096088.column|title=Legalizing drugs: The money argument|author=Dan Rodricks|date=2008-12-02}}</ref> Recent surveys help to confirm the consensus among economists to reform drug policy in the direction of decriminalization and legalization.<ref>Thornton, Mark. "Prohibition vs. Legalization: Do Economists Reach a Conclusion on Drug Policy?" (April 2004). [http://www.econjournalwatch.org/pdf/ThorntonDoEconomistsApril2004.pdf]</ref>
===Legality===


The declaration from the World Forum Against Drugs, 2008 state that a balanced policy of drug abuse prevention, education,
In his essay ''The Drug War and the Constitution'',<ref>{{cite web |url=http://www.paulhager.org/libertarian/drug_con.html |title=The Drug War and the Constitution |last=Hager |first=Paul |year=1991 |work=The Libertarian Corner}}</ref> Libertarian philosopher Paul Hager makes the case that the War on Drugs in the United States is an illegal form of prohibition, which violates the principles of a limited government embodied in the [[United States Constitution|Constitution]]. [[Prohibition in the United States|Alcohol prohibition]] required [[Eighteenth Amendment to the United States Constitution|amending the Constitution]], because this was not a power granted to the federal government. Hager asserts if this is true, then [[Prohibition (drugs)|marijuana prohibition]] should likewise require a Constitutional amendment.
treatment, law enforcement, research, and supply reduction provides the most effective platform to reduce drug abuse and its associated harms and call on governments to consider [[demand reduction]] as one of their first priorities in the fight against drug abuse.<ref>[http://www.wfad08.org/_downloads/_pdf/Declaration%20of%20World%20Forum%20Against%20Drugs.pdf Declaration of World Forum Against Drugs, Stockholm 2008. An international conference against drug abuse with participants from 82 nations]</ref>


====Federalist argument====
===Terminology===
====''War'' as a propaganda term====


The phrase "War on Drugs" has been condemned as being [[propaganda]] to justify military or paramilitary operations under the guise of a noble cause.
In her dissent in ''[[Gonzales v. Raich]]'', [[Sandra Day O'Connor|Justice Sandra Day O'Connor]] argued that drug prohibition is an improper usurpation of the [[commerce clause|power to regulate interstate commerce]], and the power to prohibit should be [[states rights|reserved by the states]]. In the same case, Justice [[Clarence Thomas]] wrote a stronger dissent expressing the similar idea.
<ref>
{{cite journal
|last = Bullington
|first = Bruce
|coauthors = Alan A. Block
|year = 1990
|month = March
|title = A Trojan horse: Anti-communism and the war on drugs
|journal = Crime, Law and Social Change
|volume = 14
|issue = 1
|pages = 39–55
|publisher = Springer Netherlands
|issn = 1573-0751
|doi = 10.1007/BF00728225


}}
====Substantive due process====
</ref>
[[Noam Chomsky]] points out{{Fact|date=February 2008}} that the term is an example of [[synecdoche]] referring to operations against [[In dubio pro reo|suspected]] producers, traders and/or users of certain substances.


This form of language was previously used in Lyndon B. Johnson's "[[war on poverty]]", and later by George W. Bush's "[[War on Terrorism]]". The word "war" is used to invoke a state of emergency, although the target and methods of the campaign is largely unlike that of a regular [[war]].
There is the argument that the War on Drugs in United States violates the implicit rights within the [[substantive due process]] doctrine, that the drug laws achieve no reasonable state interest while arbitrarily restrict a person's liberty under the Fifth and the Fourteenth Amendment. One proponent of this notion is attorney [[Warren Redlich]].<ref>{{cite web |url=http://www.redlichlaw.com/crim/substantive-due-process-drug-war.pdf |title=A Substantive Due Process Challenge to the War on Drugs |last=Redlich |first=Warren |authorlink=Warren Redlich |date=2005-02-05 |format=PDF |quote=It is true that the approach suggested in this paper would limit the police power. Constitutional protection of individual rights exists for that very purpose. We face coercive government action, carried out in a corrupt and racist manner, with military and paramilitary assaults on our homes, leading to mass incarceration and innocent deaths. We can never forget the tyranny of a government unrestrained by an independent judiciary. Our courts must end the War on Drugs.}}</ref>


In their book [[Multitude: War and Democracy in the Age of Empire|''Multitude'']], [[Michael Hardt]] and [[Antonio Negri]] oppose the view that the use of the term "war" is only metaphorical: they analyse the War on Drugs as part of a global war of a [[biopower|biopolitical]] nature. Like the War on Terrorism, the War on Drugs is a true war, waged by the US government against its own people.<ref>Michael Hardt and Antonio Negri (2005). ''Multitude: War and Democracy in the Age of Empire''. Hamish Hamilton.</ref>
The substantive due process is sometimes used in [[medical marijuana]] cases. [[NORML]] once wrote in an [[amicus brief]] on ''[[United States v. Oakland Cannabis Buyers' Cooperative]]'' that the right to use [[medical marijuana]] to save one's life is within the rights established by the substantive due process.<ref> [http://www.norml.org/index.cfm?Group_ID=4950 Amicus brief] NORML </ref> However, the Supreme Court, in an opinion by Justice Clarence Thomas did not accept the argument and ruled against the medical marijuana dispensaries.


Richard Lawrence Miller's ''Drug Warriors and Their Prey'' draws detailed comparisons of the War on Drugs in the United States today with events in 1930s Germany that led to [[Hitler]]'s [[Third Reich]] and the attempted [[Holocaust|destruction of the Jewish people]]. Miller writes that "authoritarians are manufacturing and manipulating public fears about drug use in order to create a police state where a much broader agenda of social control can be implemented, using government power to determine what movies we may watch, determine who we may love and how we may love them, determine whether we may or must pray to a deity. I believe the war on drug users masks a war on democracy."<ref>Miller, Richard Lawrence (1996). ''Drug Warriors and Their Prey: From Police Power to Police State'', pg. 191 (Greenwood Publishing Group). ISBN 0275950425</ref>
Some opponents of the substantive due process doctrine who support the War on Drugs have also noted that the doctrine can potentially lead to the invalidation of drug laws.<ref> [http://www.boalt.org/bjcl/v8/v8tennenprint.htm Is the Constitution in Harm’s Way? Substantive Due Process and Criminal Law] Eric Tennen </ref><ref>[http://www.wsba.org/media/publications/barnews/nov06-daniels.htm Substantive Due Process and the Problem of Horse Sex] Natalie Daniels </ref>


===Efficacy===
===War victims===
====Innocent victims====
Peter Guither in his [http://victims.drugwarrant.com/ Drug War Victims blog posted at Salon] lists dozens of people who have been killed by law enforcement and the DEA without having been convicted of a crime. Many of them were not suspects, nor had they been using drugs. Cases include a 35-year-old [[Christian]] [[missionary]] and her seven-month-old daughter, both killed (and her husband and son seriously injured) in April 2001 when the [[Cessna]] airplane carrying them and other missionaries was shot down over [[Peru]] as a result of incorrect information being provided by the DEA. Other examples include an eleven-year-old boy who was shot by a SWAT team after following their instructions to lie on the ground, and an elderly woman suffering a fatal heart attack after law enforcement officers entered her home during the night and set off flash grenades (they were not at the correct address). Several cases involved residents who were killed while allegedly attacking officers in self-defense, not realizing who was forcefully entering their homes and believing they were in danger.


====Children involved in the illegal drug trade====
[[Richard Davenport-Hines]], in his book ''The Pursuit of Oblivion'' (W.W. Norton & Company, 2001), criticized the efficacy of the War on Drugs by pointing out:
The U.S. government's most recent 2005 National Survey on Drug Use and Health (NSDUH) reported that nationwide over 800,000 adolescents ages 12–18 sold illegal drugs during the 12 months preceding the survey.<ref>[http://oas.samhsa.gov/nsduh/2k5nsduh/2k5Results.htm Results from the 2005 National Survey on Drug Use and Health: National Findings]</ref> The 2005 Youth Risk Behavior Survey by the U.S. Centers for Disease Control and Prevention (CDC) reported that nationwide 25.4% of students had been offered, sold, or given an illegal drug by someone on school property. The prevalence of having been offered, sold, or given an illegal drug on school property ranged from 15.5% to 38.7% across state CDC surveys (median: 26.1%) and from 20.3% to 40.0% across local surveys (median: 29.4%).<ref>{{cite web |url=http://www.cdc.gov/mmwr/preview/mmwrhtml/ss5505a1.htm |title=Youth Risk Behavior Surveillance—United States, 2005 |last=Eaton |first=Danice K. |coauthors=Laura Kann, Steve Kinchen, James Ross, Joseph Hawkins, William A. Harris, Richard Lowry, Tim McManus, David Chyen, Shari Shanklin, Connie Lim, Jo Anne Grunbaum, Howell Wechsler |date=2006-06-09 |publisher=Centers for Disease Control and Prevention}}</ref>


Despite over $7 billion spent annually towards arresting<ref>{{cite web |url=http://www.prohibitioncosts.org/ |title=Costs of Marijuana Prohibition: Economic Analysis |accessdate=2007-12-27 |last=Miron |first=Jeffrey A. |date=2007-09-17 |publisher=Marijuana Policy Project}}</ref> and prosecuting nearly 800,000 people across the country for marijuana offenses in 2005 {{Fact|date=May 2008}}(FBI Uniform Crime Reports), the federally-funded Monitoring the Future Survey reports about 85% of high school seniors find marijuana "easy to obtain." That figure has remained virtually unchanged since 1975, never dropping below 82.7% in three decades of national surveys.<ref>{{cite web |url=http://www.monitoringthefuture.org/data/05data/pr05t13.pdf |title=Table 13: Trends in Availability of Drugs as Perceived by Twelfth Graders |last=Johnston |first=L. D. |coauthors=O'Malley, P. M., Bachman, J. G. & Schulenberg, J. E. |date=2005-11-30 |format=PDF |work=Teen drug use down but progress halts among youngest teens |publisher=Monitoring the Future}}</ref>
{{"|10–15&thinsp;% of illicit heroin and 30&thinsp;% of illicit cocaine is intercepted. Drug traffickers have gross profit margins of up to 300&thinsp;%. At least 75&thinsp;% of illicit drug shipments would have to be intercepted before the traffickers' profits were hurt.}}


====Environmental consequences====
[[Alberto Fujimori]], president of [[Peru]] from 1990–2000, described U.S. foreign drug policy as "failed" on grounds that "for 10 years, there has been a considerable sum invested by the Peruvian government and another sum on the part of the American government, and this has not led to a reduction in the supply of coca leaf offered for sale. Rather, in the 10 years from 1980 to 1990, it grew 10-fold."<ref>Don Podesta and Douglas Farah, "Drug Policy in Andes Called Failure," ''[[Washington Post]]'', March 27, 1993</ref>


Environmental consequences of the drug war, resulting from US-backed aerial fumigation of drug-growing operations in third world countries, have been criticized as detrimental to some of the world's most fragile ecosystems;<ref>Rebecca Bowe, "The drug war on the Amazon," ''E: The Environmental Magazine'', Nov–Dec, 2004</ref> the same aerial fumigation practices are further credited with causing health problems in local populations.<ref>Larry Rohter, "To Colombians, Drug War is a Toxic Foe," [[New York Times]]; May 1, 2000</ref>
Critics often note that during [[Prohibition in the United States|alcohol prohibition]], alcohol use initially fell but began to increase as early as 1922. It has been extrapolated that even if prohibition hadn't been repealed in 1933, alcohol consumption would have quickly surpassed pre-prohibition levels <ref>http://www.cato.org/pubs/pas/pa-157.html</ref>. They argue that the War on Drugs uses similar measures and is no more effective. In the six years from 2000–2006, the USA spent $&thinsp;4.7 billion on [[Plan Colombia]], an effort to eradicate coca production in Colombia. The main result of this effort was to shift coca production into more remote areas and force other forms of adaptation. The overall acreage cultivated for coca in Colombia at the end of the six years was found to be the same, after the U.S. Drug Czar's office announced a change in measuring methodology in 2005 and included new areas in its surveys.<ref name = "est"> {{cite web | year =April 14, 2006 | url =http://www.whitehousedrugpolicy.gov/news/press06/041406.html | title =2005 Coca Estimates for Colombia | publisher =Office of National Drug Control Policy | accessdate =October 04 | accessyear =2007 }}</ref> Cultivation in the neighboring countries of Peru and Bolivia actually increased.<ref>Juan Forero, "Colombia's Coca Survives U.S. plan to uproot it", The New York Times, August 19, 2006 </ref>


=====Effect on growers=====
Similar lack of efficacy is observed in other countries pursuing similar policies. In 1994, 28.5&thinsp;% of Canadians reported having consumed illicit drugs in their life; by 2004, that figure had risen to 45&thinsp;%. 73&thinsp;% of the $&thinsp;368 million spent by the Canadian government on targeting illicit drugs in 2004–2005 went toward law enforcement rather than treatment, prevention or harm reduction.<ref>{{cite web |url=http://www.cbc.ca/canada/british-columbia/story/2007/01/15/drug-strategy.html |title=Canada's anti-drug strategy a failure, study suggests |author=CBC News |date=2007-01-15}}</ref>


The US's coca eradication policy has been criticised for its negative impact on the livelihood of coca growers in [[South America]]. In many areas of South America the coca leaf has traditionally been chewed and used in tea and for religious, medicinal and nutritional purposes by locals. For this reason many insist that the illegality of traditional coca cultivation is unjust. In many areas the US government and military has forced the eradication of coca without providing for any meaningful alternate crop for farmers. The status of coca and coca growers has become an intense political issue in several countries, including [[Colombia]] and particularly [[Bolivia]], where the president, [[Evo Morales]], a former coca growers' union leader, has promised to legalise the traditional cultivation and use of coca.
===Children involved in the illegal drug trade===
The U.S. government's most recent 2005 National Survey on Drug Use and Health (NSDUH) reported that nationwide over 800,000 adolescents ages 12–17 sold illegal drugs during the 12 months preceding the survey. [http://oas.samhsa.gov/nsduh/2k5nsduh/2k5Results.htm] The 2005 Youth Risk Behavior Survey by the U.S. Centers for Disease Control and Prevention (CDC) reported that nationwide 25.4&thinsp;% of students had been offered, sold, or given an illegal drug by someone on school property. The prevalence of having been offered, sold, or given an illegal drug on school property ranged from 15.5&thinsp;% to 38.7&thinsp;% across state CDC surveys (median: 26.1&thinsp;%) and from 20.3&thinsp;% to 40.0&thinsp;% across local surveys (median: 29.4&thinsp;%).<ref>{{cite web |url=http://www.cdc.gov/mmwr/preview/mmwrhtml/ss5505a1.htm |title=Youth Risk Behavior Surveillance—United States, 2005 |last=Eaton |first=Danice K. |coauthors=Laura Kann, Steve Kinchen, James Ross, Joseph Hawkins, William A. Harris, Richard Lowry, Tim McManus, David Chyen, Shari Shanklin, Connie Lim, Jo Anne Grunbaum, Howell Wechsler |date=2006-06-09 |publisher=Centers for Disease Control and Prevention}}</ref>


In [[Afghanistan]], the implementation of costly poppy eradication policies by the international community, and in particular the [[United States]] since their military intervention in 2001, have led {{Fact|date=April 2008}} to poverty and discontent on the part of the rural community, especially in the south of the country where alternative development policies have not been put in place to replace livelihoods lost through eradication. Furthermore, poppy cultivation has dramatically increased since 2003 as has support for anti-government elements. Although alternative policies such as controlled [[opium licensing]] have been suggested and are supported by many in [[Afghanistan]] and abroad, government leaders have still to move away from harmful eradication schemes.
Despite over $&thinsp;7 billion spent annually towards arresting<ref>{{cite web |url=http://www.prohibitioncosts.org/ |title=Costs of Marijuana Prohibition: Economic Analysis |accessdate=2007-12-27 |last=Miron |first=Jeffrey A. |date=2007-09-17 |publisher=Marijuana Policy Project}}</ref> and prosecuting nearly 800,000 people across the country for marijuana offenses in 2005 (FBI Uniform Crime Reports), the federally-funded Monitoring the Future Survey reports about 85&thinsp;% of high school seniors find marijuana “easy to obtain.” That figure has remained virtually unchanged since 1975, never dropping below 82.7&thinsp;% in three decades of national surveys.<ref>{{cite web |url=http://www.monitoringthefuture.org/data/05data/pr05t13.pdf |title=Table 13: Trends in Availability of Drugs as Perceived by Twelfth Graders |last=Johnston |first=L. D. |coauthors=O'Malley, P. M., Bachman, J. G. & Schulenberg, J. E. |date=2005-11-30 |format=PDF |work=Teen drug use down but progress halts among youngest teens |publisher=Monitoring the Future}}</ref>


==== War on drugs as cyclic creation of a permanent underclass ====
===Hindrance to legitimate research===
Since illegal drug use has been blamed for feeding the growth of the underclass, this has caused prohibitionists{{Fact|Who??|date=April 2008}} to call for further increases in certain drug-crime penalties, even though some of these disrupt opportunities for drug users to advance in society in socially acceptable ways. It has been argued by Blumenson and Nilsen that this causes a vicious cycle: since penalties for drug crimes among youth almost always involve permanent or semi-permanent removal from opportunities for education, and later involve creation of criminal records which make employment far more difficult, that the "war on drugs" has in fact resulted in the creation of a permanent underclass of people who have few education or job opportunities, often as a result of being punished for drug offenses which in turn have resulted from attempts to earn a living in spite of having no education or job opportunities.<ref>{{cite web |url=http://www.dpfma.org/pdf/war_on_drugs_education.pdf |title=How to construct an underclass, ''or'' how the War on Drugs became a war on education |last=Blumenson |first=Eric |coauthors=Eva S. Nilsen |date=2002-05-16 |format=PDF |publisher=Drug Policy Forum of Massahusetts}}</ref>


=== Illegal drugs versus pharmaceuticals ===
The scientific community has criticized U.S. drug policy as being "outdated,"<ref>"Perspectives", ''[[Scientific American]]'', December 2004</ref> and a hindrance to legitimate medical and scientific research efforts. For example, the U.S. government's classification of [[cannabis (drug)|marijuana]] as a Schedule 1 drug (having no medicinal value) is contradicted by the journal ''[[Nature Medicine]]'':<ref>''Nature Medicine'', October 2003</ref>


{{Unreferencedsection|date=May 2008}}
{{"|the [[endocannabinoid]] system has an important role in nearly every important paradigm of pain, in memory, in neurodegeneration and in inflammation;" although this quote refers to endogenous cannabinoids (cannabinoids made from the body itself and not taken in from the outside of the body), research on cannabinoids from secondary sources such as the cannabis plant has shown them to have legitimate medical uses.}}
{{POV-section|date=May 2008}}


In another regard, the war on drugs affects the US in the manner of its impact upon how health care providers employ psychoactive medications already extant in the U.S. Pharmacopoeia (many of which have the potential for abuse, or for use as chemical precursors to substances proscribed by the [[Controlled Substances Act]]).
===Racial inequities in prosecution===


To take as one example, patients with [[ADHD]] are commonly prescribed various stimulant medications in maintenance regimens to control the symptoms of the condition. Frequently used drugs are [[Ritalin]] ([[Methylphenidate]]), [[Dexedrine]] ([[Dextroamphetamine]]), [[Adderall]] ([[Amphetamine]]), and [[Desoxyn]] ([[Methamphetamine]]). All three of these products (and their congeners) are rated as Schedule II drugs which&mdash;per CDS-imposed regulations&mdash;can only be dispensed in amounts suitable for a month's medication at most, with the requirement that each month's supply can be renewed only with the authorization of yet another written prescription. Licensed prescribers are not even permitted to telephone or fax an authorization for refill to the patient's pharmacy.
The social consequences of the drug war have been widely criticized by such organizations as the [[American Civil Liberties Union]] as being racially biased against minorities and disproportionately responsible for the exploding [[United States prison population]]. According to a report commissioned by the [[Drug Policy Alliance]], and released in March 2006 by the [[Justice Policy Institute]], America's "[[Drug-free school zone|Drug-Free Zones]]" are ineffective at keeping youths away from drugs, and instead create strong [[racism|racial disparities]] in the judicial system.<ref name="justice">{{cite web | title = How drug-free zone laws impact racial disparity–and fail to protect youth |publisher= Justice Policy Institute | url = http://www.justicepolicy.org/article.php?id=575| accessmonthday = July 27 | accessyear = 2006 }}</ref>


This obliges patients on stable regimens of therapy to visit their health care providers physically for reasons of regulatory compliance rather than medical necessity, adding substantially to the aggregate burden in financial cost accruing nationally due to the incidence of ADHD in the population, and providing no substantive benefit to either the patient or the community.
===Environmental consequences===


Another example is found in the [[2005 Combat Methamphetamine Act]], which seeks to control the volume of retail purchase of [[pseudoephedrine]], a safe and effective [[Over-the-counter drug|over-the-counter]] systemic decongestant, simply because the methods by which these pseudoephedrine products can be used to extract a chemical base for the illicit manufacture of [[methamphetamine]] has become widespread knowledge in the flourishing [[black market]] for drugs of abuse.
Environmental consequences of the drug war, resulting from US-backed aerial fumigation of drug-growing operations in third world countries, have been criticized as detrimental to some of the world's most fragile ecosystems;<ref>Rebecca Bowe, "The drug war on the Amazon," ''E: The Environmental Magazine'', Nov–Dec, 2004</ref> the same aerial fumigation practices are further credited with causing health problems in local populations.<ref>Larry Rohter, "To Colombians, Drug War is a Toxic Foe," [[New York Times]]; May 1, 2000</ref>


This latter government grope in the War on Drugs serves to impose a major financial burden on the pharmaceuticals industry (forcing the reformulation of well-established products with the substitution of the demonstrably less effective decongestant [[phenylephrine]]) as well as substantially increased costs upon pharmacies and inconveniences upon patients on the dubious grounds that it poses a minor inconvenience to the criminals running [[Meth_lab#Illicit_production|meth labs]].
===Impact on growers===


=== Drug use as a victimless crime ===
The US's coca eradication policy has been criticised for its negative impact on the livelihood of coca growers in [[South America]]. In many areas of South America the coca leaf has traditionally been chewed and used in tea and for religious and medicinal purposes by locals. For this reason many insist that the illegality of traditional coca cultivation is unjust. In many areas the US government and military has forced the eradication of coca without providing for any meaningful alternate crop for farmers. The status of coca and coca growers has become an intense political issue in several countries, particularly in [[Bolivia]], where the president, [[Evo Morales]], a former coca growers' union leader, has promised to legalise the traditional cultivation and use of coca.
Drug use is a [[victimless crime]], and prohibition of ingestion of any substance can be viewed as a violation of [[personal liberty|personal]] and [[civil liberties]].


==Arguments for the Drug War==
In [[Afghanistan]], the implementation of costly poppy eradication policies by the international community, and in particular the [[United States]] since their military intervention in 2001, have led to poverty and discontent on the part of the rural community, especially in the south of the country where alternative development policies have not been put in place to replace livelihoods lost through eradication. Furthermore, poppy cultivation has dramatically increased since 2003 as has support for anti-government elements. Although alternative policies such as controlled [[opium licensing]] have been suggested and are supported by many in [[Afghanistan]] and abroad, government leaders have still to move away from harmful eradication schemes.
{{Expand|date=October 2008}}


The US Drug Enforcement Administration claims to have made significant progress in fighting drug use and drug trafficking in America. In a document entitled "Speaking Out Against Drug Legalization" published in May 2003 the DEA said:
===Propaganda cover for paramilitary operations===


{{cquote|Now is not the time to abandon our efforts. The Legalization Lobby claims that the fight against drugs cannot be won. However, overall drug use is down by more than a third in the last twenty years, while cocaine use has dropped by an astounding 70 percent. Ninety-five percent of Americans do not use drugs. This is success by any standards.|US Drug Enforcement Administration (2003).[http://www.usdoj.gov/dea/demand/speakout/index.html Speaking Out Against Drug Legalization]<ref name=DEA2003>{{
{{weasel}}
cite web
| author = US Drug Enforcement Administration
| year = 2003
| month = May
| title = Speaking Out Against Drug Legalization
| url = http://www.usdoj.gov/dea/demand/speakout/speaking_out-may03.pdf
| format = pdf
| publisher = U.S. Department of Justice
<!-- |accessdate = 2008-11-24 -->
}}</ref>
}}


=== Reduction of drug availability ===
The phrase "War on Drugs" has been condemned as being [[propaganda]] to justify military or paramilitary operations under the guise of a noble cause; in particular, [[Noam Chomsky]] points out that the term is an example of [[synecdoche]] referring to operations against [[In dubio pro reo|suspected]] producers, traders and/or users of certain substances. This form of language is similar to that used in other initiatives such as Lyndon B. Johnson's "[[war on poverty]]" and George W. Bush's "[[War on Terrorism]]". The word "war" is used to invoke a state of emergency, although the target of the war isn't anything against which standard military tactics are effective.
[[Antonio Maria Costa]], executive director of the [[UNODC|United Nations Office on Drugs and Crime]] has argued that there is a strong correlation between drug availability and drug abuse.


{{cquote|Legalization may reduce the profits to organized crime, but it will also increase the damage done to the health of individuals and society. Evidence shows a strong correlation between drug availability and drug abuse. Let us therefore reduce the availability of drugs - through tackling supply and demand - and thereby reduce the risks to health and security [...] drug policy does not have to choose between either protecting health, through drug control, or ensuring law-and-order, by liberalizing drugs. Democratic governments can and must protect health and safety.
===Government's war against the people===


Besides, just because something is hard to control doesn't mean that its legalization will solve the problem. For example, it is hard to stop human trafficking - a modern form of slavery. This is a multi-billion dollar business. Because the problem is out of control, would you equally propose that we accept it? |UNODC Executive Director Antonio Maria Costa (December 2007).[http://www.unodc.org/unodc/en/about-unodc/speeches/2007-12-06.html Free Drugs or Drug Free?]", New Orleans.}}
In their book [[Multitude: War and Democracy in the Age of Empire|''Multitude'']], [[Michael Hardt]] and [[Antonio Negri]] oppose the view that the use of the term "war" is only metaphorical: they analyse the War on Drugs as part of a global war of a [[biopower|biopolitical]] nature. Like the War on Terrorism, the War on Drugs is a true war, waged by the US government against its own people.<ref>Michael Hardt and Antonio Negri (2005). ''Multitude: War and Democracy in the Age of Empire''. Hamish Hamilton.</ref>


=== Protection of communities ===
=== War on drugs as cyclic creation of a permanent underclass ===


President Bill Clinton asserted that it is necessary to combat drug abuse and trafficking in order to improve the quality of life in neighborhoods:
Since illegal drug use has been blamed for feeding the growth of the underclass, this has caused prohibitionists to call for further increases in certain drug-crime penalties, even though some of these disrupt opportunities for drug users to advance in society in socially acceptable ways. It has been argued by Blumenson and Nilsen that this causes a vicious cycle: since penalties for drug crimes among youth almost always involve semi-permanent removal from opportunities for education, and later involve creation of criminal records which make employment far more difficult, that the "war on drugs" has in fact resulted in the creation of a permanent underclass of people who have few education or job opportunities, often as a result of being punished for drug offenses which in turn have resulted from attempts to earn a living in spite of having no education or job opportunities.<ref>{{cite web |url=http://www.dpfma.org/pdf/war_on_drugs_education.pdf |title=How to construct an underclass, ''or'' how the War on Drugs became a war on education |last=Blumenson |first=Eric |coauthors=Eva S. Nilsen |date=2002-05-16 |format=PDF |publisher=Drug Policy Forum of Massachusetts}}</ref>


{{cquote|As Americans who care about our future, we can't let drugs and drug-related crimes continue to ruin communities, threaten our children even in schools and fill up our prisons with wrecked and wasted lives. We have to do a better job of preventing drug use and treating those who seek treatment, and we must do more to protect law-abiding citizens from those who victimize them in the pursuit of drugs or profit from drugs.|US President Bill Clinton (April 1993).Remarks by the President in Announcement of Lee Brown as Director of Office of Drug Control Policy.<ref>[http://www.ibiblio.org/pub/archives/whitehouse-papers/1993/Apr/Presidents-Remarks-on-Appointment-of-Lee-Brown Remarks by the President in Announcement of Lee Brown as Director of Office of Drug Control Policy]</ref>}}
==References==
{{reflist}}


== See also ==
== See also ==
{{col-begin}}
{{col-break}}
*[[Above the Influence]]
*[[Above the Influence]]
*[[American Drug War: The Last White Hope]]
*[[Arguments for and against drug prohibition]]
*[[Arguments for and against drug prohibition]]
*[[Cocaine Cowboys]]
*[[Cognitive liberty]]
*[[Cognitive liberty]]
*[[Narcotrafficking in Colombia]]
*[[Colombian drug cartels]]
*[[Decriminalization]]
*[[Decriminalization]]
*[[Demand reduction]]
*[[Demand reduction]]
*[[Departamento Administrativo de Seguridad]]
*[[Drug policy]]
*[[Drug Policy Alliance]]
*[[Drug Policy Alliance]]
*[[Drug policy of the United States]]
*[[Harm reduction]]
*[[Gang]]
*[[Gang]]
*[[Gary Webb]]
*[[Gary Webb]]
*[[Golden Crescent]]
*[[Golden Crescent]]
*[[Golden Triangle (Southeast Asia)|Golden Triangle]]
*[[Golden Triangle (Southeast Asia)|Golden Triangle]]
*[[Harm reduction]]
*[[Illegal drug trade]]
*[[Illegal drug trade]]
*[[Just Say No]]
*[[Just Say No]]
*[[Law Enforcement Against Prohibition]]
*[[Law Enforcement Against Prohibition]]
*[[Legal history of marijuana in the United States]]
*[[Legal issues of cannabis]]
*[[Legal issues of cannabis]]
*[[Legalization]]
*[[Lin Zexu]]
*[[Lin Zexu]]
*[[List of wars on concepts]]
*[[List of wars on concepts]]
{{col-break}}
*[[Marijuana Policy Project]]
*[[Marijuana Policy Project]]
*[[Mérida Initiative]]
*[[Mexican Drug War]]
*[[Mexican Drug War]]
*[[Military Cooperation with Civilian Law Enforcement Agencies Act]]
*[[Nancy Reagan]]
*[[Nancy Reagan]]
*[[Narco News]]
*[[Narco submarine]]
*[[Narcotrafficking in Colombia]]
*[[Neurolaw]]
*[[Neurolaw]]
*[[Norml]]
*[[Norml]]
*[[Office of National Drug Control Policy]]
*[[Office of National Drug Control Policy]]
*[[Operation Pseudo Miranda]]
*[[Opium War]]
*[[Opium War]]
*[[Organised crime]]
*[[Organized crime]]
*[[Perpetual war]]
*[[Perpetual war]]
*[[Police misconduct]]
*[[Plan Colombia]]
*[[Prison-industrial complex]]
*[[Prison-industrial complex]]
*[[Prohibition (drugs)]]
*[[Prohibition (drugs)]]
*[[Richard Nixon]]
*[[Richard Nixon]]
*[[Ricky Ross (drug trafficker)]]
*[[Ronald Reagan]]
*[[Ronald Reagan]]
*[[Students for Sensible Drug Policy]]
*[[Students for Sensible Drug Policy]]
*[[Supremacy Clause]]
*[[The Yogurt Connection]]
*[[United Nations Drug Control Programme]]
*[[United Nations Drug Control Programme]]
*[[Victimless crime]]
*[[USA v. $124,700]] [[August 18]], [[2006]]
*[[Zero tolerance]]
{{col-end}}

==References==
{{reflist|2}}


==External links==
==External links==
* [http://borderstories.org/index.php/ciudad-juarez-the-war-on-news.html Border Stories profiles a newspaper reporter caught up in the drug war in Mexico]
* [http://www.ssdp.org] Students for Sensible Drug Policy -- An international grassroots network of students working to end the War on Drugs.
* [http://www.telegraph.co.uk/news/uknews/2028208/Cocaine-overdose-cases-quadruple-at-hospitals.html? Cocaine overdose cases quadruple at hospitals] [[Telegraph.co.uk]] [[25 May]] [[2008]]
* [http://www.americandrugwar.com The War on Drugs is the subject of the 2007 documentary film "American Drug War"]
* [http://rakontur.com/cocainecowboys The War on Drugs is covered in the 2006 documentary film "Cocaine Cowboys"]
* [http://www.ssdp.org Students for Sensible Drug Policy] An international grassroots network of students working to end the War on Drugs.
* [http://www.Druglibrary.org/schaffer/library/studies/studies.htm Major Studies of Drugs and Drug Policy] Full text of major government commission reports on the drug laws from around the world over the last 100 years
* [http://www.Druglibrary.org/schaffer/library/studies/studies.htm Major Studies of Drugs and Drug Policy] Full text of major government commission reports on the drug laws from around the world over the last 100 years
* [http://www.Druglibrary.org/schaffer/history/history.htm Historical Research on the Drug War] Full text of numerous full histories of the drug war and thousands of original historical documents
* [http://www.Druglibrary.org/schaffer/history/history.htm Historical Research on the Drug War] Full text of numerous full histories of the drug war and thousands of original historical documents
Line 201: Line 306:
* [http://fpc.state.gov/documents/organization/19493.pdf War On Drugs: Legislation in the 108th Congress and Related Developments], a 2003 report from the [[Congressional Research Service]] via the [[United States Department of State|State Department]] website
* [http://fpc.state.gov/documents/organization/19493.pdf War On Drugs: Legislation in the 108th Congress and Related Developments], a 2003 report from the [[Congressional Research Service]] via the [[United States Department of State|State Department]] website
* [http://www.acluprocon.org/bin/procon/procon.cgi?database=5%2dG%2dSubs%2edb&command=viewone&id=5&op=t&ct=d Review of the War on Drugs]
* [http://www.acluprocon.org/bin/procon/procon.cgi?database=5%2dG%2dSubs%2edb&command=viewone&id=5&op=t&ct=d Review of the War on Drugs]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=390109&high=%20Gabriel%20CHin Gabriel Chin, Race, the War on Drugs and the Collateral Consequences of Criminal Conviction, 6 Journal of Race, Gender & Justice 253 (2002)]
* Gabriel Chin, [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=390109&high=%20Gabriel%20CHin Race, the War on Drugs and the Collateral Consequences of Criminal Conviction,] 6 Journal of Race, Gender & Justice 253 (2002)
* Michael Blanchard & Gabriel J. Chin, [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1128945 Identifying the Enemy in the War on Drugs: A Critique of the Developing Rule Permitting Visual Identification of Indescript White Powders in Narcotics Prosecutions,] 47 American University Law Review 557 (1998)
* [http://www.drugwarfacts.org/ Drug War Facts]
* [http://www.drugwarfacts.org/ Drug War Facts]
* [http://www.drugwardistortions.org/ Drug War Distortions]
* [http://www.drugwardistortions.org/ Drug War Distortions]
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* [http://www.rollingstone.com/news/story/17438347/how_america_lost_the_war_on_drugs How America Lost the War on Drugs]—[[Rolling Stone Magazine]], November 27, 2007
* [http://www.rollingstone.com/news/story/17438347/how_america_lost_the_war_on_drugs How America Lost the War on Drugs]—[[Rolling Stone Magazine]], November 27, 2007
* [http://www.druglibrary.org/schaffer/Library/studies/ledain/ldctoc.html The Report of the Canadian Government Commission of Inquiry into the Non-Medical Use of Drugs—1972]
* [http://www.druglibrary.org/schaffer/Library/studies/ledain/ldctoc.html The Report of the Canadian Government Commission of Inquiry into the Non-Medical Use of Drugs—1972]
* [http://blogs.salon.com/0002762/stories/2003/08/17/drugWarVictims.html Drug War Victims]
* {{nl}} [http://mens-en-samenleving.infonu.nl/sociaal-cultureel/14324-de-amerikaanse-war-on-drugs-in-zuid-amerika.html War on Drugs]
*For a philosophical approach to the issue of marijuana prohibition, see ''The Utility of Marijuana Prohibition'' at http://bradmusil.kramernet.org
* [http://www.nodrugsamerica.org Drug Prevention Is The Best Treatment]
* [http://www.hemptopia.org]
* [http://www.anti-drugwar.org]


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Revision as of 04:29, 20 January 2009

The War on Drugs is a prohibition campaign undertaken by the United States government with the assistance of participating countries, intended to reduce the illegal drug trade—to curb supply and diminish demand for specific psychoactive substances deemed immoral, harmful or undesirable. This initiative includes a set of laws and policies that are intended to discourage the production, distribution, and consumption of targeted substances. The term was first used by President Richard Nixon in 1971, and his choice of words was probably based on the War on Poverty, announced by President Lyndon B. Johnson in 1964.

United States domestic policy

Operation Mallorca, U.S. Drug Enforcement Administration, 2005 (US Department of Justice press release)

For U.S. public policy purposes, drug abuse is any personal use of a drug contrary to law. The definition includes marijuana, cocaine, heroin, methamphetamine, and otherwise-legal pharmaceuticals if they are obtained by illegal means or used for non-medicinal purposes. This differs from what mental health professionals classify as drug abuse per the DSM-IV, which is defined as more problematic drug misuse, both of which are different from drug use.

In 1994, it was reported that the War on Drugs results in the incarceration of one million Americans each year.[1] Of the related drug arrests, about 225,000 are for possession of marijuana, the fourth most common cause of arrest in the United States.[2] In the 1980s, while the number of arrests for all crimes was rising 28%, the number of arrests for drug offenses rose 126%.[3] The United States has a higher proportion of its population incarcerated than any other country in the world for which reliable statistics are available, reaching a total of 2.2 million inmates in the U.S. in 2005. The U.S. Dept. of Justice, reporting on the effects of state initiatives, has stated that, from 1990 through 2000, "the increasing number of drug offenses accounted for 27% of the total growth among black inmates, 7% of the total growth among Hispanic inmates, and 15% of the growth among white inmates." In addition, the United States provides for the deportation of many non-citizens convicted of drug offenses.[4] Federal and state policies also impose collateral consequences on those convicted of drug offenses, such as denial of public benefits or licenses, that are not applicable to those convicted of other types of crime. [5]

Television Propaganda Efforts

The War On Drugs is supported by a substantial television propaganda effort, including anti-drug advertising spots from such organizations as the Partnership for a Drug-Free America, and the National Youth Anti-Drug Media Campaign, among others. Writers and producers of popular, prime-time television shows are also paid directly to write-in government-approved anti-drug messages, themes, and occasionally entire episodes.[6] [7]

United States foreign policy

Operation Just Cause involves 25,000 American troops. The U.S. Government alleged that Gen. Manuel Noriega, head of government of Panama, was involved in drug trafficking in Panama. As part of Plan Colombia, the U.S. Government funded coca eradication through private contractors such as DynCorp and helped train the Colombian armed forces to eradicate coca and fight left-wing guerrillas such as the FARC (Revolutionary Armed Forces of Colombia) and right-wing paramilitaries such as the AUC (United Self-Defense Forces of Colombia), both of which have been accused of participating in the illegal drug trade in their areas of influence. Private U.S. enterprises have signed contracts to carry out anti-drug activities as part of Plan Colombia. DynCorp, the largest private company involved, was among those contracted by the State Department, while others signed contracts with the Defense Department.[8]

In 2000, the Clinton administration initially waived all but one of the human rights conditions attached to Plan Colombia, considering such aid as crucial to national security at the time.[9] Subsequently, the U.S. government certified that the Colombian government had taken steps to improve respect for human rights and to prosecute abusers among its security forces.[10] The U.S. has later denied aid to individual Colombian military units accused of such abuses, such as the Palanquero Air Force base and the Army's XVII Brigade.[11][12] Opponents of aid given to the Colombian military as part of the War on Drugs argue that the U.S. and Colombian governments primarily focus on fighting the guerrillas, devoting less attention to the paramilitaries although these have a greater degree of participation in the illicit drug industry. Critics argue that Human Rights Watch, congressional committees and other entities have documented the existence of connections between members of the Colombian military and the AUC, and that Colombian military personnel have committed human rights abuses which would make them ineligible for U.S. aid under current laws.

In January 2007, U.S. Attorney General Alberto Gonzales met in Mexico with his counterpart Eduardo Medina-Mora Icaza to discuss ways to stem growing drug-related violence in Mexican border towns associated with the illegal drug trade to America. More than 2,000 Mexicans died in gangland-style killings in 2006, prompting a petition by the U.S. Drug Enforcement Administration to open new offices in Nuevo Laredo, Matamoros, and Nogales. The requested expansion would bring the total number of Mexican offices to 11 and increase the number of DEA agents from 81 to nearly 100.[13]

Merida Initiative

The Mérida Initiative is a security cooperation approved on June 30, 2008 between the United States and the government of Mexico and the countries of Central America, with the aim of combating the threats of drug trafficking and transnational crime. The Merida Initiative will appropriate $1.4 billion in a three year commitment to the Mexican government for military and law enforcement training and equipment, as well as technical advice and training to strengthen the national justice systems. No weapons are included in the plan.[14][15]

Heroin production and smuggling

In the 1980s, top U.S. Central Intelligence Agency (CIA) officials believed that they would never be able to justify a multibillion-dollar budget from the U.S. government to fund the Afghan radicals, 'The Mujahideen', in their fight against the Soviet army, which has occupied Afghanistan. As a result, the Mujahideen decided to generate funds through the poppy-rich Afghan soil and heroin production and smuggling to finance the Afghan war creating the notorious Pashtun Mafia. Ayub Afridi, a radical Pashtun leader and drug baron, was the kingpin of this plan.[16]

Criticism

Legality

In his essay The Drug War and the Constitution,[17] Libertarian philosopher Paul Hager makes the case that the War on Drugs in the United States is an illegal form of prohibition, which violates the principles of a limited government embodied in the Constitution. Alcohol prohibition required amending the Constitution, because this was not a power granted to the federal government. Hager asserts if this is true, then marijuana prohibition should likewise require a Constitutional amendment.

Federalist argument

In her dissent in Gonzales v. Raich, Justice Sandra Day O'Connor argued that drug prohibition is an improper usurpation of the power to regulate interstate commerce, and the power to prohibit should be reserved by the states. In the same case, Justice Clarence Thomas wrote a stronger dissent expressing the similar idea.

Substantive due process

Another argument against drug prohibition is based on the notion that its practice violates implicit rights within the substantive due process doctrine. It has been suggested that anti-drug laws do not achieve enough reasonable benefit to State interests to justify arbitrarily restricting basic individual liberties that are supposed to be guaranteed by the Fifth and the Fourteenth Amendments to the US Constitution. One proponent of this notion is attorney Warren Redlich.[18]

The substantive due process argument is sometimes used in medical marijuana cases. NORML once wrote in an amicus brief on United States v. Oakland Cannabis Buyers' Cooperative that the right to use medical marijuana to save one's life is within the rights established by the substantive due process.[19] However, the Supreme Court found against the medical marijuana dispensary and for the United States in the aforementioned case. Some apparently believe that this invalidates the substantive due process argument against the Controlled Substances Act.

However, the Supreme Court expressly declined to rule on the issue of substantive due process in the aforementioned case, ruling against the medical marijuana dispensary in question on grounds of statutory construction, as the Court found that there was no standalone medical necessity defense in the Controlled Substances Act. Justice Clarence Thomas' majority opinion clearly explains that the Court did not consider any Constitutional arguments in coming to the conclusion that it reached. As Justice Thomas expressly states in his majority opinion: "Finally, the Cooperative contends that we should construe the Controlled Substances Act to include a medical necessity defense in order to avoid what it considers to be difficult constitutional questions. In particular, the Cooperative asserts that, shorn of a medical necessity defense, the statute exceeds Congress’ Commerce Clause powers, violates the substantive due process rights of patients, and offends the fundamental liberties of the people under the Fifth, Ninth, and Tenth Amendments. As the Cooperative acknowledges, however, the canon of constitutional avoidance has no application in the absence of statutory ambiguity. Because we have no doubt that the Controlled Substances Act cannot bear a medical necessity defense to distributions of marijuana, we do not find guidance in this avoidance principle. Nor do we consider the underlying constitutional issues today. Because the Court of Appeals did not address these claims, we decline to do so in the first instance."[20] As such, the question of the constitutionality of the Controlled Substances Act under the doctrine of substantive due process remains an open one, undecided by the Supreme Court, and debated by the citizens of the United States. Even some opponents of the substantive due process argument who support the War on Drugs have noted that the doctrine could potentially lead to the invalidation of anti-drug laws.[21]

Racial inequities in prosecution

The social consequences of the drug war have been widely criticized by such organizations as the American Civil Liberties Union as being racially biased against minorities and disproportionately responsible for the exploding United States prison population. According to a report commissioned by the Drug Policy Alliance, and released in March 2006 by the Justice Policy Institute, America's "Drug-Free Zones" are ineffective at keeping youths away from drugs, and instead create strong racial disparities in the judicial system.[22]

Possible U.S. government involvement in cocaine trafficking

A lawsuit filed in 1986 by two journalists represented by the Christic Institute alleges that the Central Intelligence Agency (CIA) and other parties are engaged in criminal acts, including financing the purchase of arms with the proceeds of cocaine sales.[23]

Senator John Kerry's 1988 U.S. Senate Committee on Foreign Relations report on Contra drug links, which was released on April 20, 1989, concludes that members of the U.S. State Department "who provided support for the Contras are involved in drug trafficking...and elements of the Contras themselves knowingly receive financial and material assistance from drug traffickers."[24] The report further states that "the Contra drug links include...payments to drug traffickers by the U.S. State Department of funds authorized by the Congress for humanitarian assistance to the Contras, in some cases after the traffickers had been indicted by federal law enforcement agencies on drug charges, in others while traffickers were under active investigation by these same agencies."

In 1996, journalist Gary Webb published reports in the San Jose Mercury News,[25] and later in his book Dark Alliance,[26] detailing how Contras have distributed crack cocaine into Los Angeles to fund weapons purchases. These reports were initially attacked by various other newspapers in attempts to debunk the link by citing official reports that apparently had been cleared by the CIA.

In 1998, CIA Inspector General Frederick Hitz published a two-volume report[27] that substantiates many of Webb's claims, and describes how 50 Contras and Contra-related entities involved in the drug trade have been protected from law enforcement activity by the Reagan-Bush administration, and documents a cover-up of evidence relating to these incidents. The report also shows that the National Security Council was aware of these activities. A report later that same year by the Justice Department Inspector General also arrives at similar conclusions.

Efficacy

USS Rentz (FFG-46) combats a fire set by drug smugglers trying to escape and destroy evidence.

National Research Council Study

In 2001, the National Research Council Committee on Data and Research for Policy on Illegal Drugs published its findings on the efficacy of the drug war. The NRC Committee found that existing studies on efforts to address drug usage and smuggling, from U.S. military operations to eradicate coca fields in Colombia, to domestic drug treatment centers, have all been inconclusive, if the programs have been evaluated at all: "The existing drug-use monitoring systems are strikingly inadequate to support the full range of policy decisions that the nation must make.... It is unconscionable for this country to continue to carry out a public policy of this magnitude and cost without any way of knowing whether and to what extent it is having the desired effect."[28] The study, though not ignored by the press, was ignored by top-level policymakers, leading Committee Chair Charles Manski to conclude, as one observer notes, that "the drug war has no interest in its own results." [29]

Barriers to scientific research

Some members of the scientific community are concerned that U.S. drug policy hinders and scares away legitimate medical and scientific research efforts.[30][31][32][33] Dr. Rick Strassman, a researcher into the particular effects of N,N-dimethyltryptamine, writes in his book DMT: The Spirit Molecule:

Many of today's most respected North American and European psychiatric researchers, in both academics and industry, now chairmen of major university departments and presidents of national psychiatric organizations, began their professional lives investigating psychedelic drugs. The most powerful members of their profession discovered that science, data, and reason were incapable of defending their research against the enactment of repressive laws fueled by opinion, emotion, and the media. Once these laws passed, government regulators and funding agencies quickly withdrew permits, drugs, and money. The same psychedelic drugs that researchers thought were unique keys to mental illness, and that had launched dozens of careers, became feared and hated.

The U.S. government classification of marijuana as a Schedule I drug (having no accepted medical use) is contradicted by several scientific studies which suggest that it may in fact have medicinal value as a treatment for ailments such as cancer,[34] glaucoma, Fibromyalgia,[35] and neuropathic pain,[36] among others. In fact, in the abstract for patent number 6630507[37] filed Feb. 2, 2001 "Cannabinoids as antioxidants and neuroprotectants", held by the United States of America as represented by the Department of Health and Human Services (Washington, DC), they state "Cannabinoids have been found to have antioxidant properties, unrelated to NMDA receptor antagonism. This new found property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and autoimmune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer's disease, Parkinson's disease and HIV dementia."

Assorted arguments against the efficacy of the War on Drugs

Critics often note that during alcohol prohibition, alcohol use initially fell but began to increase as early as 1922. It has been extrapolated that even if prohibition hadn't been repealed in 1933, alcohol consumption would have quickly surpassed pre-prohibition levels [38]. They argue that the War on Drugs uses similar measures and is no more effective. In the six years from 2000–2006, the USA spent $4.7 billion on Plan Colombia, an effort to eradicate coca production in Colombia. The main result of this effort was to shift coca production into more remote areas and force other forms of adaptation. The overall acreage cultivated for coca in Colombia at the end of the six years was found to be the same, after the U.S. Drug Czar's office announced a change in measuring methodology in 2005 and included new areas in its surveys.[39] Cultivation in the neighboring countries of Peru and Bolivia actually increased.[40]

Similar lack of efficacy is observed in some other countries pursuing similar[citation needed] policies. In 1994, 28.5% of Canadians reported having consumed illicit drugs in their life; by 2004, that figure had risen to 45%. 73% of the $368 million spent by the Canadian government on targeting illicit drugs in 2004–2005 went toward law enforcement rather than treatment, prevention or harm reduction.[41]

Richard Davenport-Hines, in his book The Pursuit of Oblivion (W.W. Norton & Company, 2001), criticized the efficacy of the War on Drugs by pointing out that

10–15% of illicit heroin and 30% of illicit cocaine is intercepted. Drug traffickers have gross profit margins of up to 300%. At least 75% of illicit drug shipments would have to be intercepted before the traffickers' profits were hurt.

Alberto Fujimori, president of Peru from 1990–2000, described U.S. foreign drug policy as "failed" on grounds that "for 10 years, there has been a considerable sum invested by the Peruvian government and another sum on the part of the American government, and this has not led to a reduction in the supply of coca leaf offered for sale. Rather, in the 10 years from 1980 to 1990, it grew 10-fold."[42]

At least 500 economists, including Nobel Laureates Milton Friedman, George Akerlof and Vernon L. Smith, have noted that reducing the supply of marijuana without reducing the demand causes the price, and hence the profits of marijuana sellers, to go up, according to the laws of supply and demand.[43] The increased profits encourage the producers to produce more drugs despite the risks, providing a theoretical explanation for why attacks on drug supply have failed to have any lasting effect. The aforementioned economists published an open letter to President George W. Bush stating "We urge…the country to commence an open and honest debate about marijuana prohibition... At a minimum, this debate will force advocates of current policy to show that prohibition has benefits sufficient to justify the cost to taxpayers, foregone tax revenues and numerous ancillary consequences that result from marijuana prohibition." A 2008 study by Harvard economist Jeffrey A. Miron has estimated that legalizing drugs would inject $76.8 billion a year into the U.S. economy — $44.1 billion from law enforcement savings, and at least $32.7 billion in tax revenue ($6.7 billion from marijuana, $22.5 billion from cocaine and heroin, remainder from other drugs).[44][45] Recent surveys help to confirm the consensus among economists to reform drug policy in the direction of decriminalization and legalization.[46]

The declaration from the World Forum Against Drugs, 2008 state that a balanced policy of drug abuse prevention, education, treatment, law enforcement, research, and supply reduction provides the most effective platform to reduce drug abuse and its associated harms and call on governments to consider demand reduction as one of their first priorities in the fight against drug abuse.[47]

Terminology

War as a propaganda term

The phrase "War on Drugs" has been condemned as being propaganda to justify military or paramilitary operations under the guise of a noble cause. [48] Noam Chomsky points out[citation needed] that the term is an example of synecdoche referring to operations against suspected producers, traders and/or users of certain substances.

This form of language was previously used in Lyndon B. Johnson's "war on poverty", and later by George W. Bush's "War on Terrorism". The word "war" is used to invoke a state of emergency, although the target and methods of the campaign is largely unlike that of a regular war.

In their book Multitude, Michael Hardt and Antonio Negri oppose the view that the use of the term "war" is only metaphorical: they analyse the War on Drugs as part of a global war of a biopolitical nature. Like the War on Terrorism, the War on Drugs is a true war, waged by the US government against its own people.[49]

Richard Lawrence Miller's Drug Warriors and Their Prey draws detailed comparisons of the War on Drugs in the United States today with events in 1930s Germany that led to Hitler's Third Reich and the attempted destruction of the Jewish people. Miller writes that "authoritarians are manufacturing and manipulating public fears about drug use in order to create a police state where a much broader agenda of social control can be implemented, using government power to determine what movies we may watch, determine who we may love and how we may love them, determine whether we may or must pray to a deity. I believe the war on drug users masks a war on democracy."[50]

War victims

Innocent victims

Peter Guither in his Drug War Victims blog posted at Salon lists dozens of people who have been killed by law enforcement and the DEA without having been convicted of a crime. Many of them were not suspects, nor had they been using drugs. Cases include a 35-year-old Christian missionary and her seven-month-old daughter, both killed (and her husband and son seriously injured) in April 2001 when the Cessna airplane carrying them and other missionaries was shot down over Peru as a result of incorrect information being provided by the DEA. Other examples include an eleven-year-old boy who was shot by a SWAT team after following their instructions to lie on the ground, and an elderly woman suffering a fatal heart attack after law enforcement officers entered her home during the night and set off flash grenades (they were not at the correct address). Several cases involved residents who were killed while allegedly attacking officers in self-defense, not realizing who was forcefully entering their homes and believing they were in danger.

Children involved in the illegal drug trade

The U.S. government's most recent 2005 National Survey on Drug Use and Health (NSDUH) reported that nationwide over 800,000 adolescents ages 12–18 sold illegal drugs during the 12 months preceding the survey.[51] The 2005 Youth Risk Behavior Survey by the U.S. Centers for Disease Control and Prevention (CDC) reported that nationwide 25.4% of students had been offered, sold, or given an illegal drug by someone on school property. The prevalence of having been offered, sold, or given an illegal drug on school property ranged from 15.5% to 38.7% across state CDC surveys (median: 26.1%) and from 20.3% to 40.0% across local surveys (median: 29.4%).[52]

Despite over $7 billion spent annually towards arresting[53] and prosecuting nearly 800,000 people across the country for marijuana offenses in 2005 [citation needed](FBI Uniform Crime Reports), the federally-funded Monitoring the Future Survey reports about 85% of high school seniors find marijuana "easy to obtain." That figure has remained virtually unchanged since 1975, never dropping below 82.7% in three decades of national surveys.[54]

Environmental consequences

Environmental consequences of the drug war, resulting from US-backed aerial fumigation of drug-growing operations in third world countries, have been criticized as detrimental to some of the world's most fragile ecosystems;[55] the same aerial fumigation practices are further credited with causing health problems in local populations.[56]

Effect on growers

The US's coca eradication policy has been criticised for its negative impact on the livelihood of coca growers in South America. In many areas of South America the coca leaf has traditionally been chewed and used in tea and for religious, medicinal and nutritional purposes by locals. For this reason many insist that the illegality of traditional coca cultivation is unjust. In many areas the US government and military has forced the eradication of coca without providing for any meaningful alternate crop for farmers. The status of coca and coca growers has become an intense political issue in several countries, including Colombia and particularly Bolivia, where the president, Evo Morales, a former coca growers' union leader, has promised to legalise the traditional cultivation and use of coca.

In Afghanistan, the implementation of costly poppy eradication policies by the international community, and in particular the United States since their military intervention in 2001, have led [citation needed] to poverty and discontent on the part of the rural community, especially in the south of the country where alternative development policies have not been put in place to replace livelihoods lost through eradication. Furthermore, poppy cultivation has dramatically increased since 2003 as has support for anti-government elements. Although alternative policies such as controlled opium licensing have been suggested and are supported by many in Afghanistan and abroad, government leaders have still to move away from harmful eradication schemes.

War on drugs as cyclic creation of a permanent underclass

Since illegal drug use has been blamed for feeding the growth of the underclass, this has caused prohibitionists[citation needed] to call for further increases in certain drug-crime penalties, even though some of these disrupt opportunities for drug users to advance in society in socially acceptable ways. It has been argued by Blumenson and Nilsen that this causes a vicious cycle: since penalties for drug crimes among youth almost always involve permanent or semi-permanent removal from opportunities for education, and later involve creation of criminal records which make employment far more difficult, that the "war on drugs" has in fact resulted in the creation of a permanent underclass of people who have few education or job opportunities, often as a result of being punished for drug offenses which in turn have resulted from attempts to earn a living in spite of having no education or job opportunities.[57]

Illegal drugs versus pharmaceuticals

In another regard, the war on drugs affects the US in the manner of its impact upon how health care providers employ psychoactive medications already extant in the U.S. Pharmacopoeia (many of which have the potential for abuse, or for use as chemical precursors to substances proscribed by the Controlled Substances Act).

To take as one example, patients with ADHD are commonly prescribed various stimulant medications in maintenance regimens to control the symptoms of the condition. Frequently used drugs are Ritalin (Methylphenidate), Dexedrine (Dextroamphetamine), Adderall (Amphetamine), and Desoxyn (Methamphetamine). All three of these products (and their congeners) are rated as Schedule II drugs which—per CDS-imposed regulations—can only be dispensed in amounts suitable for a month's medication at most, with the requirement that each month's supply can be renewed only with the authorization of yet another written prescription. Licensed prescribers are not even permitted to telephone or fax an authorization for refill to the patient's pharmacy.

This obliges patients on stable regimens of therapy to visit their health care providers physically for reasons of regulatory compliance rather than medical necessity, adding substantially to the aggregate burden in financial cost accruing nationally due to the incidence of ADHD in the population, and providing no substantive benefit to either the patient or the community.

Another example is found in the 2005 Combat Methamphetamine Act, which seeks to control the volume of retail purchase of pseudoephedrine, a safe and effective over-the-counter systemic decongestant, simply because the methods by which these pseudoephedrine products can be used to extract a chemical base for the illicit manufacture of methamphetamine has become widespread knowledge in the flourishing black market for drugs of abuse.

This latter government grope in the War on Drugs serves to impose a major financial burden on the pharmaceuticals industry (forcing the reformulation of well-established products with the substitution of the demonstrably less effective decongestant phenylephrine) as well as substantially increased costs upon pharmacies and inconveniences upon patients on the dubious grounds that it poses a minor inconvenience to the criminals running meth labs.

Drug use as a victimless crime

Drug use is a victimless crime, and prohibition of ingestion of any substance can be viewed as a violation of personal and civil liberties.

Arguments for the Drug War

The US Drug Enforcement Administration claims to have made significant progress in fighting drug use and drug trafficking in America. In a document entitled "Speaking Out Against Drug Legalization" published in May 2003 the DEA said:

Now is not the time to abandon our efforts. The Legalization Lobby claims that the fight against drugs cannot be won. However, overall drug use is down by more than a third in the last twenty years, while cocaine use has dropped by an astounding 70 percent. Ninety-five percent of Americans do not use drugs. This is success by any standards.

Reduction of drug availability

Antonio Maria Costa, executive director of the United Nations Office on Drugs and Crime has argued that there is a strong correlation between drug availability and drug abuse.

Legalization may reduce the profits to organized crime, but it will also increase the damage done to the health of individuals and society. Evidence shows a strong correlation between drug availability and drug abuse. Let us therefore reduce the availability of drugs - through tackling supply and demand - and thereby reduce the risks to health and security [...] drug policy does not have to choose between either protecting health, through drug control, or ensuring law-and-order, by liberalizing drugs. Democratic governments can and must protect health and safety. Besides, just because something is hard to control doesn't mean that its legalization will solve the problem. For example, it is hard to stop human trafficking - a modern form of slavery. This is a multi-billion dollar business. Because the problem is out of control, would you equally propose that we accept it?

Protection of communities

President Bill Clinton asserted that it is necessary to combat drug abuse and trafficking in order to improve the quality of life in neighborhoods:

As Americans who care about our future, we can't let drugs and drug-related crimes continue to ruin communities, threaten our children even in schools and fill up our prisons with wrecked and wasted lives. We have to do a better job of preventing drug use and treating those who seek treatment, and we must do more to protect law-abiding citizens from those who victimize them in the pursuit of drugs or profit from drugs.

See also

References

  1. ^ Lester Grinspoon, M.D.& James B. Bakalar, J.D. (February 3, 1994). "The War on Drugs—A Peace Proposal". 330. New England Journal of Medicine: 357–360. {{cite journal}}: Check date values in: |date= (help); Cite journal requires |journal= (help); Unknown parameter |num= ignored (help)CS1 maint: multiple names: authors list (link)
  2. ^ Federal Bureau of Investigation. Crime in the United States. Washington, D.C.: Government Printing Office, 1991.
  3. ^ Austin J, McVey AD. The 1989 NCCD prison population forecast: the impact of the war on drugs. San Francisco: National Council on Crime and Delinquency, 1989.
  4. ^ Jeff Yates, Gabriel J. Chin & Todd Collins, A War on Drugs or a War on Immigrants? Expanding the Definition of 'Drug Trafficking' in Determining Aggravated Felon Status for Non-Citizens, 64 Maryland Law Review 875 (1995)
  5. ^ Gabriel J. Chin, Race, The War on Drugs, and the Collateral Consequences of Criminal Conviction, 6 Journal of Gender, Race & Justice 253 (2002)
  6. ^ Salon Magazine "Prime-time Propaganda"
  7. ^ Television's Risky Relationship
  8. ^ Private Security Transnational Enterprises in Colombia José Alvear Restrepo Lawyers' Collective February, 2008.
  9. ^ Stokes, Doug (2005). America's Other War: Terrorizing Colombia. Zed Books. ISBN 1-84277-547-2. {{cite book}}: External link in |title= (help) p. 99
  10. ^ Boucher, Richard (2002-05-01). "Colombia: Determination and Certification of Colombian Armed Forces with Respect to Human Rights-Related Conditions". U.S. Embassy in Colombia. Retrieved 2006-06-23.
  11. ^ El Tiempo (2004-05-24). "The nation is sentenced to pay 2000 million pesos to the victims of the attack on Santo Domingo". International Labor Rights Forum. {{cite web}}: Cite has empty unknown parameters: |accessdaymonth=, |accessyear=, and |accessmonthday= (help)
  12. ^ Equipo Nizkor and Derechos Human Rights (2005-12-11). "El senado norteamericano pone objeciones a la Brigada XVII por violaciones graves al derecho internacional humanitario" (in Spanish).
  13. ^ Lloyd, Marion (2007-01-11). "Attorneys general cite shared responsibility". Houston Chronicle.
  14. ^ Mexico's 2008 defence budget goes under review
  15. ^ Bush pushes Mexico money in Iraq bill
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