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Mandatory minimum sentences crack-up welcome

Congress narrows gap in cocaine sentencing rules

This former criminal defense trial lawyer saw a lot of lives ruined by crack and cocaine, but we also saw many lives ruined by long mandatory minimum sentences for possessions of small to medium amounts of crack.

Most of those latter lives ruined were those of black men, but I do not believe that the disparately lesser sentences for powder cocaine were motivated by racism.

The fact is that crack cocaine does more harm, more quickly, to more people, in smaller doses, than does powder cocaine.

Nevertheless, we welcome the best news we have heard from this Congress since its 2009 ObamaDem inception:

Congress approved a landmark change Wednesday to the mandatory sentences for cocaine possession that detractors have long alleged had racist effects.

The old law, passed in 1986, meant that a person in possession of crack cocaine would get the same mandatory prison term as someone with 100 times as much of the powder form of the drug. The criticism: Those arrested for crack cocaine possession are far more likely to be black than those arrested for powder cocaine.

The new provision, passed by the House in a voice vote Wednesday, reduces that ratio to 18-to-1. It also repeals a five-year mandatory minimum sentence for first-time possession of crack, making it the first time Congress has eliminated a mandatory minimum sentence since the Nixon administration, according to the Associated Press.

For many years, DeVine Law Factory opposed drug legalization and decriminalization. Now we lean toward same, for many of the same reasons did William F. Buckley and do many tea partiers and libertarians.

But we always opposed draconian mandatory minimum sentences that ruined the lives of so many young black men, many of whom would have been deterred from a life of crime by a reasonable sentence. Instead, they were sent to penitentiary crime school.

We thank the Democratic Party Congress for this change in the law.

[Cross-posted at 73Wire Law Factory]

Mike DeVine

“One man with courage makes a majority.” – Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com

COMMENTS

  • georgeinla

    recently with about 100 or so mostly black kids from some of the worst ‘hoods in Los Angeles, I was thinking that the Republicans are really missing out on a whole constituency simply because of this whole drug war/drug prohibition issue. These kids are true-blue Americans — they dream of being in business for themselves, they love competition, they respect God, guns and traditional families.

    But so many of them are so caught up in “the system” by the age of 17, that they’re pretty much off the political and economic map for the rest of their lives. And that “system” is for the most part a liberal creation — ticky-tack laws against drugs, guns, driving violations, domestic issues that end up as criminal matters, etc.

    I dream of a day when some real “Radical Republicans” will come to power and sweep away all of these statutory laws — we don’t need statutes to tell us that murder, rape and robbery are wrong, the common law has long prescribed severe penalties for those — and let these kids breathe free and pursue their dreams!

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
  • JamesSmith130

    I think it should be a 1-1 penalty for crack vs powder cocaine. Except, it should be done the other way, that is *increase* the penalty for powder cocaine to make it equal to the justifiable penalties for crack.

  • Joliphant

    Mandatory sentences are the regulator when you feel they are out of control. Flexible sentencing is the tool when you have faith that they will do the right thing.

    In general I am in the don’t trust the judiciary column but I would much prefer mandatory sentences where the defendant is a predator and has harmed others not where they have harmed themselves.

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
  • tacoslayer

    What a great diary. Hopefully we will one day see the GOP will “see the light” and end the militarization of our LEO community. Too much emphasis has been placed on “seeking and destroying” rather than “serving and protecting”.

  • tacoslayer

    What is so “radical” about common sense and personal liberty??

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
  • Flagstaff

    This situation is a serious side effect of the tendency of the judiciary to be too lenient too often. Maybe the solution (no discretion at all) was worse than the original problem.

  • Flagstaff

    I’m not yet convinced that “legalization” is the answer, but if somebody could provide an argument that handled the second- and third-hand user problem, I’d listen.

    Regarding the recent change, it sounds like an improvement.

  • aesthete

    To what do you refer? Honest question; I don’t know if I have an answer.

  • UpLateAgain

    MANDATORY citizenship check of “suspected illegal aliens” detained for non-immigration-related offenses was the major bugaboo in Arizona 1070. Our justice system is one in which the “justice” portion comes not in the law, but in its enforcement.

    It begins with officer discretion at the scene (to arrest or not, to cite or warn, refer to social services, etc.), and carries through each subsequent stage. Does the D.A. charge or not? Does Social Services intervene? Does the judge find cause to try the case? Does the judge find legal requirements are met? Does the jury convict? Does jury nullification come into play? Does the judge uphold the jury’s decision? What is the sentencing? Is probation applied? What appeal process is engaged? Is restitution a factor? Where is the sentence carried out? How is the person classified and subsequently treated and housed once at the facility? Is there early release? Is there parole? Can pardon realistically be an issue? Is there house arrest/ home confinement? What is the level of contact by the CJ system after release? etc, etc, etc. Most of these decisions involve some level of discretion at each step.

    I know from experience that the VAST majority of people locked up on drug offenses, even crack cocaine, have been arrested and convicted, put on probation, rearrested, put on double-secret probation, and been in mandatory “treatment” programs to no effect repeatedly. I have personally seen one arrestee do his FIRST sentenced jail time after 19 arrests and convictions for being under the influence and 2 arrests for possession of cocaine. It was only after an arrest for sales that he finally did time. That’s not the norm, but not as far from the norm as you would hope. Multiple arrests without sentenced jail time ARE the norm when violence is not involved.

    The system cannot handle anywhere close to what it would have to if people caught actually did time for their crimes. Lindsay Lohan is going to be released after 22 days on a 90 day sentence. Typical.

    Mandatory sentencing is what you get when the public gets outraged that someone kills, or rapes, or molests someone after they have been convicted of crimes 37 times and there is just no way they should ever again have been allowed in public… but are all too frequently there.

    I don’t have a pat answer, or a simple one. Our system is one balancing personal freedom and the law. We could virtually eliminate crime if we wanted too…. but at what cost.

    I am just convinced that our cops, along with our prosecutors and judges, must, within certain limits, be introspective, as fair and impartial as they can be, and do it all within parameters that balance individual freedom with protecting society. It’s hardest for cops, because they don’t have the luxury of being removed-from and dispassionate-about the issues. They, in particular, are prejudiced by having to daily deal with the victims of the “so-called” victimless crime. It is for that reason that cops seldom support drug legalization.

    Drug abuse is NOT victimless crime. It destroys families, ruins lives, and undermines society in absolutely monstrous ways. Cops arrive at a scene, deal with it, then look at the kids in the household and get depressed as hell because they know that in a few years they, or their replacements, are going to have to be confronting what should have been a healthy, happy, human being that instead is being raised in an environment virtually guaranteed to turn them into some form of social monster. I can’t tell you how many times I’ve heard cops, who observe the environment kids are being raised-in, and the actions of their parents in front of their kids, say something to the effect of, “And people wonder where it comes from.”

  • aesthete

    A question that should be asked is, does the damage that comes with prohibition outweigh the damage that would result from liberalization? IMO, the answer is yes: just as Al Capone got his start under Prohibition, the vast amount of drug-related violence is violence resulting from the fact that there is no legal avenue to buy or sell drugs, and the fact that demand for drugs is high. It is hardly realistic to think that buying drugs at your local PotMart would lead to nearly as many deaths as buying them from Ricky your friendly neighborhood drug dealer. The fact that drug-related violence is down in Portugal and the Netherlands, where there exists some form of decriminalization, is telling.

    This is besides the fact that those who favor drug criminalization favor a law which, if 100% enforced, would have roughly half of our population behind bars, including our last three Presidents (well, that last part could be seen as a plus, for some :) ). The burden of proof should be on those who want to restrict our freedoms, and I see little evidence on their part for their claims. Their argument, in fact, is very similar to the Obama Admin’s “jobs created or saved” rhetoric concerning Stimulus II.

  • JSobieski

    reduced to civil infractions where you pay a ticket and go on your way.

    Some substances though should be regulated. Alcohol has an addiction rate around 10%. Crystal Meth is above 90%. We should legalize drugs that most people can handle. We could also create crime classifications where extra punishment is applied to people who commit a crime under the influence of a drug without making use/sale of the drug per se illegal.

    Totally agree that prisons are filled with too many people in the marijuana business. Whens the last time someone stoned out of their mind started a fight? Committed a violent act? Far more likely to laugh and gorge on munchies.

  • aesthete

    match those of alcohol and cigarettes for the softer drugs like marijuana, and that the harder drugs should be somewhat decriminalized but subject to copious regulation on both the supply and demand side (much more than is currently the case for alcohol and cigs).

    I help out at a women’s shelter, my mother works at a rescue mission (a ministry that helps out the homeless), I used to help at a rehabilitation center, and the church I go to focuses on drug and alcohol addiction. It really is, unfortunately, more tragic on the extreme ends than the stereotypes of the guy eating Doritos on his couch or the affable stumbling drunk would have you believe. Cases of addiction can range from pathetic to heart-breaking, particularly in the case of relapse (which is all too common). At the same time, it is still within the choice of the person, even in cases of extreme drugs like Crystal Meth, and at any rate, I’d rather have corporations get the proceeds and profits of an addiction under a regulated system than have it go towards FARC, the Yakuza, and the Taliban’s less than honorable investments.

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

    further response to substance of drug law comments and desire for debate, discussion and analysis below in response to aesthete.

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

    that the maximum penalties for drug offenses for all but major domestic racketeers and/or significant smugglers from outside the country, should be DRASTICALLY reduced, whether or not we may disagree on whether some substances should or should not be legal or regulated?

    Additionally, I am intrigued by the dynamic I am experiencing on this issue despite the fact that for the first time in five years at Redstate I have declared myself off the fence and fully for legalization or decriminalization/regulation for most drugs for the first time. I have probably been on the fence for over 10 years, leaning toward the status quo.

    But even having weighed the factors ‘thete makes fundamental, ie the costs of the status quo vs those of prohibition, I find myself wanting to defend the status quo, lest anyone think this is a close call.

    I want to discuss those arguments in come detail and even go back and discuss the true effect of alcohol Prohibition and Capone.

    BUT, tired now, but will get back on all the great arguments pro and con above later tonight.

    I guess I am saying that I consider this issue overall a close call . I have always thought the mandatory minimums were odious and I also opposed Clinton’s federalization of the issue.

    more later

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

    more onerous alternative.

  • tngal

    could sure use the economic boost. And if they put a tax on soda, well that would be a two-fer for the gov’t. The downside is people fire up a joint at a long red light and forget they’re sitting at a red light, don’t remember where they were oging and can’t understand why everyone’s horns are going off at the same time.

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
  • JSobieski

    agreed that the sentences for much of drug crime is absolutely nuts. I would rather use drug use as an aggravating circumstance for a more traditional crime.

    I.e. manslaughter becomes murder if the person is high

  • UpLateAgain

    Prohibiting the mandatory search for status when someone was detained for a non-immigration-related offense if there was at that point reasonable suspicion of illegal status was part of Judge Bolton’s ruling. She also, in that same portion of the ruling eliminated the threat of a citizen suit against officers that fail to do the check.

    The law as adjudicated by Bolton was little understood by most non-law professionals anyway. I heard people arguing you could detain based on reasonable suspicion of illegal status (which, of course, the detractors said would be influenced by ethnicity whether the officer intended to do so or not) right up to Bolton handing down her ruling. IN FACT, THERE WAS NOTHING IN THE LAW THAT AUTHORIZED A DETENTION AT ALL (with the exception of trucks of day laborers blocking traffic being added as an offense which could be cause to detain). The law ONLY authorized (and in fact required) status check was to occur if 1.) The person was legally detained (i.e. for a different offense- there was no detention authorized in 1070), AND 2.) Once detained, the officer had a reasonable suspicion that the subject was here illegally, and that suspicion could in no part be founded in ethnicity.

    The mandatory check clause was an interesting aspect to the law to begin with – because in practical terms it could not be enforced through the civil process set up to do so. In other words, if a citizen had sued an officer for failure to check status after legally detaining for a non-immigration related crime, all the officer would have had to do to win the suit was state that in his opinion at the time, there was not reasonable suspicion of illegal status, and say that to arrest if he didn’t personally have that suspicion, or if that suspicion was based in part on ethnicity, language, skin color, etc, would have been a defacto violation of the law.

    So if in practical terms the law could not have been enforced through civil process, why put that clause in it at all? The answer is to create a sense of duty about it. Most officers, at least experienced ones, would avoid touching any kind of arrest likely to end in their being sued absent a specific duty to make it or a specific need to protect someone or something or to control a situation. They would shy away from risking their careers, income for life, house, and family cohesion for the thrill of handing someone over to ICE so they can probably be released the next day.

    If the officer is found to have violated a person’s civil rights because of a question of ethnicity ( a charge that would be made whether true or not) for example, the agency would sever all indemnification claiming he/she had acted outside the scope of their training and authority, and the cop is thrown under the bus.

    So absent a specific duty, many cops would have been well likely to have ignored checking alien status given how high profile this issue is, or not checked it unless the indications of illegal status were not just there, but were overwhelming.

    With a duty, that all changes, and the cops act the way the legislators intended. Cops are big on duty, as they should be, and thank God they are.

  • UpLateAgain

    What was changed in the AZ law after initial release was that suspicion of illegal status could only be developed after a detention. The law initially said “legal contact”. Probably half or better of all officer contacts are consensual contacts, not detentions (though such can develop into detentions), and consensual contacts are also “legal contacts”. So “legal contact” was way too broad, and 1070 was changed to apply only in the case of detentions… and those detentions could not be for suspicion of illegal status. They had to be for a non-immigration-status-related offense.

  • UpLateAgain

    I’m not sure about that. I’d feel better about more standardization nationally, and I really have no problem with decriminalizing marijuana. But like I said, all too many hard-core druggers only get jail time after numerous convictions…. and for every conviction, there were probably fifty times they committed the offense without being caught or charged.

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

    I think the Government is arguing that the statute retains another mandate after all criteria are met, that officers must then inquire into residency/legal status? I’m looking on to that tonight and Tues before column.

    Link to the two changes:

    http://volokh.com/2010/05/01/arizona-revises-immigration-law/

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

    I am just now seeing it as a bit of a Red Herring, as I think the shame and deterrent effect of laws are often as or more important than aggressive enforcement. But it seems that the calculation of the burdens and benefits of the actual way the laws are enforced, rather than your hypothetical, is the best way to weigh same against decriminalization. We see the costs of the state of the law as is, already discounting the fact that every toke or snort are not documented and punished.

    But I also think that your position is indubitably supportable and respect it. I held it for two decades until this year!

  • Flagstaff

    purchasing formerly illegal drugs on behalf of someone who can’t buy them legally. I make the assumption that cocaine, heroin, even marijuana will NOT be available to everyone, like green tea is and will be. Drugs will still be controlled, similar to the way alcohol is.

    Second-hand procurement is a problem now with alcohol, but alcohol is far less addictive to most people than most addictive drugs are. That is, relatively few of the many people who try alcohol under-age become alcoholics. My belief is that a large percentage of under-age kids who try drugs become addicted to some degree, and almost all adults who use them are addicted. My basis for saying this is that if there were no addiction involved, not many successful people would risk their lives and careers by buying and using illegal drugs now, yet many do.

    It is illegal for an adult to give or sell alcohol to a minor, yet it happens all the time, primarily because it is widely available and many adults who use alcohol don’t consider it to be a serious offense. I see no reason to think the mindset would be any different with marijuana or any other drug (I would assume that all of them would be legalized). Furthermore, due to the fact of addiction, there would be a great black market in the more addictive drugs, and that’s what I meant by “third-hand.”

    There is NO solution for this problem when drugs are legalized, IF they remain controlled in any way. There will always be someone who can’t get them who wants them. OTOH, if they are NOT controlled, they will be available to any kid with money, any adult with money, anybody with money. But the folks WITHOUT money STILL will be deprived of their drugs, and they may need them WORSE THAN ANYBODY ELSE. We will eventually be GIVING them drugs, just to keep them out of trouble.

    I know there are countries that have less stringent drug laws than we do. I don’t know how well they handle it, but they are already less free than we are, so their authorities may have other tools that we won’t have. I suspect they have the same kind of problems that I described above, too, but they may not publicize them. Maybe easy availability of drugs is the reason we’ve been cleaning the Europeans’ clocks for years in productivity and innovation.

    Finally, drugs are more insidious than alcohol because they are far more compact; more easy to hide, more easy to transport, dose vs. dose.

  • UpLateAgain

    One of the things cops learn early in their careers is that they are going to keep running into the same people all the way through their careers. It is the same people constantly doing crime. I don’t mean the same kind of people… I mean the actual same people. You get to know them, and they you, on a first name basis and personal level.

    Many Sheriff’s offices across the country have their Deputies start their careers by working in the jail, usually somewhere between six months and a few years before they hit the street. The Deputies get to know the criminals in jail. When they get to the street, they are often shocked to discover they are going to calls with the same people being involved that they had care and custody of when they started out.

    The percentage of society that is dealt with on a routine basis by the CJ system stays roughly the same. Most people have only intermittent contacts with law enforcement, and usually it is behind some kind of mere infraction, unless it is to report as a victim of crime.

    The percentage that has constant problems are folks who just never got the message on the social contract, and legalizing drugs would not stop them from interacting with society in unacceptable ways. For many of them, their entire life is about looking for ways to victimize someone. Getting high is just something else they do while going about being incompatible with civil society.

    That percentage of society that is going, under any and all circumstances, to be socially incompatible increases as common societal values (call them “family values” if you will) decrease. Ethics and morality are learned behaviors as an outgrowth primarily, I think, of being loved, but over a lifetime – not in a classroom or jail cell. And until they are part and parcel of a well formed personality, they must be constantly reinforced.

    The fact is, the CJ system does stop a certain percentage of crime, when it is properly applied. A certain percentage of that socially incompatible percentage of the populace will be deterred by the system once stung by it. Look what Giuliani did for NYC.

    And if you think it is costly to keep a true criminal in prison over his/her life, it is nothing compared to the cost of having them on the street. I knew a burglar (the one I’m thinking of in particular at the moment) who was young, affable, good-looking, reasonably intelligent, and people generally liked him, who average 2000 home and garage burglaries a year. He never thought he was really doing anything too awful. He’d certainly never hurt anyone. It all went into meth, pot, and toys. We estimated that he personally did 5000 burglaries before we were able to get him into prison for two years, and that was on a drug possession charge. In prison, he no doubt just learned how to be a more effective criminal, but while he was there, 2000/year fewer people were burglarized.

    I think legalizing drugs just delivers the message that society really doesn’t care how you act or what you do as long as they don’t have to deal with you. And that is the message that causes/allows the percentage of socially dysfunctional people to increase. Shame is socially produced, and when you deliver that message, you don’t have a prayer of it being a control.

  • JSobieski

    So drug users who commit those crimes will still be in jail. If you are right, then there will be very little difference whether drug laws are softened or not.

    The issue of catching burglaries is an interesting point. What % do you think are drug related? If drugs become cheaper, may not burglaries decrease?

  • aesthete

    Here follows the longest non-answer not delivered by a politician — be prepared :)

    What you’ve mentioned is a potential problem with legalization: however, it is an ongoing problem right now, and is potentially worse than it would be otherwise because there is already a larger illegal market that doesn’t care about keeping its business license, deliberately targets youths, and is easy to keep underground. In the case of legalization, there will be some potential for similar dynamics, but without the economies of scale or funding of organized crime and terrorism ongoing with current drug consumption. Moreover, the development of social norms regarding drug use in the public sphere and giving drugs to minors would, one would hope, be better than keeping all of that behavior underground, as is currently the case. The status quo of criminalization does nothing to resolve this problem: through high school and college (both of which were fairly suburban experiences), I had easy access to drugs had I wanted them, and it’s much worse in inner-city, less-polished areas. In short, criminalization does little to reduce access long-term, and unless we were willing to establish a veritable police state with 1/4 to 1/2 of our population behind bars, that would always be the case. Legalization at least offers the hope of social norms, more church and community involvement in dealing with the problem, and making the illegal market much smaller, more expensive, less reliable and redundant (pre-teens and teens aren’t the most reliable customers), and less likely to be funding narcoterrorism. Who knows, we might even get ahold of the Holy Grail of regulation and find a way to curb second-hand usage through smart implementation of the same. We know that the status quo isn’t preventing the outcome you (rightly) fear, so why not give something else a shot, especially when that something else is more conducive to liberty? I wish I had a more optimistic or positive answer, but in this case, easy answers come hard.

    On the issue of other countries and how they’re doing, I’ll venture two thoughts:

    First, most of the reason for lower productivity is restrictive labor laws and a higher tolerance for less hours. There are too few countries with liberal laws on drugs (to wit, only Portugal and the Netherlands have undergone major decriminalization efforts), and they haven’t suffered appreciable effects from legalization.

    Second, it appears that drug use is actually down among the 18-30 demographic in both Portugal and the Netherlands, which doesn’t directly answer the question of whether minors and others without access to drugs are a problem, but at least indicates that they are less so as they grow up. Seeing as how equilibrium is fragile in the case of drugs, and that research as to why there has been a decrease in drug use is ongoing and inconclusive so far, I see this as very weak evidence for drug decriminalization at present, but it is encouraging at the outset, and at the very least doesn’t confirm some of the fears among drug warriors so far. (Again, I’d like more data before coming to a conclusion on the perplexing data results before declaring it a win for drug legalization.)

    Most of the plunges into legalization and voluntary association in the 20th century were accompanied by fears that (thankfully) proved to be unsubstantiated: Prohibition’s repeal was better than the alternative, the volunteer army wasn’t short of volunteers, and deregulated industries didn’t destroy themselves (if anything, the more regulated industries like our financial sector have destroyed themselves). Betting on the American people has proved to be a good bet for most of those who’ve bet on them, and I hope and truly believe that those who do the same in the case of drug legalization will have their bets pay off, as precedent would indicate to be the case.

  • UpLateAgain

    It is very rare to find a burglar who doesn’t have drug abuse of some sort as a major feature in his life. The two go hand in hand like peanut butter and jelly. Would legalizing drugs stop or slow the burglaries? I’m guessing probably not, anymore than legalizing drugs would stop rock musicians from playing rock music Burglary is what they do. The drug abuse is as much a part of their social dysfunction as the burglary, with the understanding that the burglary does enable the drug abuse.

    That doesn’t mean, however, that legalizing drugs would not increase the number of socially dysfunctional people, who would be raising socially dysfunctional kids, who would continue to do other socially dysfunctional things besides their drug abuse.

    Heroin use was legal in England until 1994. You had to register and go to a clinic to get it, but it was legal, which should have kept heroin-related crime down. It is no longer legal there, because exactly the opposite happened. heroin-related crime skyrocketed. Turns out, a significant portion of the users didn’t want the social stigma of being known as a drug user, so they wouldn’t go to the clinics. Also a number of the registered users found “street” drugs preferable, and also used street drugs when the clinicians tried to wean them off the GI stuff.

    So a “black market” in heroin developed. Only since it was in competition with legal heroin, there were fewer customers than there would have otherwise been, and so fewer dealers. As a result, the price of black market heroin skyrocketed, which brought in a heavy organized crime influence. Not only did the drug-related crime shoot up, but it became significantly more violent.

    Also, while it was believed that only a certain percentage of the population would ever use heroin, it was discovered that the number of addicts had been growing steadily since the 1950s when they first started keeping stats on the subject…. and crime rates were keeping apace. I can’t say there was a direct correlation between the increase in the British addict population and the increase in the crime rate, but there seemed to have been enough of one that the Brits shut legalized heroin down in 1994.

    I think three types of people support drug legalization: 1.) The dysfunctional drug user.. for the obvious reasons. 2.) The non-user, or small-time user who is convinced that they would not abuse drugs even if they were legal to any socially significant degree (some of these are right and some are dead wrong), 3.) Those who see social and tax benefits in not having to enforce drug laws, and 4..) Those with fundamentally Libertarian perspectives who don’t care whether others would abuse them or not as long as people were left to live their lives without governmental interference. Some of group two, three, and four are the same people.

    Those who oppose legalizing drugs are generally 1.) Those who see drug legalization as a furtherance of social decay, with broad consequences well beyond the scope of individual cases, 2.) those who have experienced familial disaster first-hand as a result of drug abuse, and 3.) those who have to clean up the mess afterward. Many of those three groups are the same people as well.

  • Flagstaff

    dove into it. That’s what I call being prepared. (^;^)

    I think you made some good arguments. Your hypotheticals might be better than mine. We’re both speculating. We agree that what we have now isn’t optimal. We might look differently at a few issues, though.

    “there is already a larger illegal market”

    That’s debatable, although perhaps the “illegal” market might become smaller. The total number of users might well become larger, and considering the fact that most of the current drug dealers could obtain their drugs legally and probably at less cost as well as assuredly at far less risk. They will be looking for new customers to replace the ones who will now be buying from Walgreen’s. Often, an entrepreneur will offer special deals to new customers, and who will those customers be? (I know, they do it now, too, but then it will be hook the kids or go out of business.) I’ll come back to this point.*

    “without the economies of scale or funding of organized crime and terrorism ongoing with current drug consumption.”

    You’re kidding, right? Do you think the drug cartels and dealers will just give up their business? If Walgreen prices drugs too high, they could find themselves in a price war with the cartels. No reason to believe the cartels would go legit, either. They like to pay taxes even less than we do.

    “through high school and college (both of which were fairly suburban experiences), I had easy access to drugs had I wanted them,”

    I presume you still agree that legalization will make access even easier.

    I guess I’m enough older than you that my experience was different. Alcohol was then the drug of choice; in fact, other drugs just weren’t in general, middle-class use yet. Even marijuana was still used mostly by celebrities, slackers, and perhaps intellectuals. I wasn’t much aware of any of them. I used and abused alcohol about like most people my age–some of us drank in high school (I did a little of that myself within a small circle of friends in high school, but it was very infrequent), but most of us were introduced to inebriation in college. I’m ashamed to admit that in the Air Force, I drank more than I should have (and by that time, marijuana was being used by a lot of others I suppose). Yet, neither I nor most of my associates were ever addicted to alcohol–there may be a lot of alcoholics around, but as a percentage of total drinkers, it’s small. I’m not sure the same will be true of drug users, once hard, addictive drugs are readily available. My guess is that most current users are already addicted.

    That brings up the question of, “So what?” The answer to that is another question: Is the use of and addiction to drugs is bad for both the individual AND society as a whole, and what is the relationship between usage and addiction? That’s a valid question whether drugs are legal or not. If the situation becomes worse after drugs are legalized, re-criminalization will be in order.

    I mentioned the other countries only because I knew there were some, including Holland and the Scandinavian countries (wasn’t aware of Portugal) that allowed more legal drug use than we do. It seems to me that we should let them take the lead in this experiment, then apply what they learn to our country. Strangely, you are the first person I’ve heard who claims that their experience might be positive for the drug-legalization argument. Your conclusions are appropriately conservative. I agree. But until we have some definitive results there, why change things here?

    Regarding your final paragraph, I suggest that there is a significant difference between hard drugs and alcohol, so prohibition isn’t relevant except in the abstract. Usage of both drugs and alcohol by design results in compromised decision making and displaced priorities. To achieve that effect, however, takes a lot more in volume of alcohol than cocaine, and the cocaine is far more addictive (for most people), even when the buzz is gone. That is, it continues to result in misplaced priorities and bad decisions even when it’s not being used.

    The experiments of the volunteer army and deregulation of industries are both examples related to institutional changes that could be reversed rather quickly if they turned out badly. Even though decriminalization could be reversed with a law, by the time the decision was made to reverse, most of an entire generation could be lost in the fog of drugs. Like ObamaCare, the decision to decriminalize, if carried out on a grand scale, could do irreparable harm. Which of course is why the initial call is just to legalize pot. (As an aside, does anybody want to legalize meth? Meth is deadly in multiple ways, and as near as I can tell, it can’t be used by anybody who leads what we would call a normal life. Criminals love it, though.)

    *As I promised–

    “We know that the status quo isn?t preventing the outcome you (rightly) fear, so why not give something else a shot, especially when that something else is more conducive to liberty? I wish I had a more optimistic or positive answer, but in this case, easy answers come hard.”

    That’s not bad. There can be progress, anyway.

    My belief is that if legalization of PURCHASE AND USE doesn’t come with draconian penalties for SELLERS to those who don’t qualify to buy, our problems will get worse, just as I believe there will be no solution to the Mexican drug cartel problem until the Mexican government decides to treat it as a REAL war, by killing people and destroying property, with apologies to the innocents killed. Innocents are being killed now.

  • Flagstaff

    “Would legalizing drugs stop or slow the burglaries?”

    Your comments make sense. For abusers, legalization would only change the name of their supplier. It wouldn’t change their behavior or the source of their income, unless they also happen to be dealers. If prices didn’t change or went up, we might expect to see MORE burglary activity.

    “users didn?t want the social stigma of being known as a drug user”

    The info about British heroin was fascinating. I didn’t know about it, and I wonder why it isn’t publicized more. I do know that violent, gun-related crime in England has increased in recent years (maybe corresponding to the ban on handgun ownership in Britain?)

    Your statement made me speculate that the Ivy League ruling class wannabe-politicians would NEVER go to anyplace to buy their coke that could later be traced back to them. Under ObamaCare, you know that the drugs would be dispensed from a government facility, names taken and recorded. Even without OC, it’s not likely that cocaine purchases would be anonymous. That means the privileged would continue to seek out street drugs, just as they do now. I make the assumption that whatever happens, it will be many, many years before hard drug use will not carry a social stigma.

    “3.) Those who see social and tax benefits in not having to enforce drug laws,”

    Anybody who believes that is foolish. There will still be drug laws; nobody would suggest that all currently illegal street drugs should be legalized, nor will even “soft” drugs be legal for minors. They will just be different laws. Those people might be more likely to think that tax receipts from the legal sale of drugs (which are not currently collected on legal drugs) will more than pay for the costs involved with enforcing the new laws.

    “4..) Those with fundamentally Libertarian perspectives who don?t care whether others would abuse them or not as long as people were left to live their lives without governmental interference.”

    Only the most naive Libertarian could believe that drug ABUSERS would leave OTHER PEOPLE to live their lives without interference FROM THE ABUSERS. That would usually result in all of them having to deal with the government. I don’t see how legalizing drugs will make post-acquisition drug-related crime disappear. Logically it should increase, because easier access to the supply should result in increased usage.

  • aesthete

    “Do you think the drug cartels and dealers will just give up their business?”

    No, their business model will simply be untenable. The markup on drugs in the illegal market is currently very high (somewhere in the neighborhood of 20000%; that’s not a typo), both for not terribly addictive drugs, like marijuana, and harder stuff. Yet, the profit margins in the underground economy are “only” 300%. What gives? What gives is that they already pay the punitive “tax” of having to fund their armies of thugs, underground networks, pay off the cops, and pay various other expenses that keep their illegal operations from being discovered and apprehended that wouldn’t be the case in a legal setting. Let’s assume that, after the regulation, and after the government takes its cut, businesses are left to play with about half the money they make. That means that, if they price their drugs at the same price as drug cartels, they’ll get 10000% profit minus operating costs. That’s a lot of profit, and it will attract a whole bunch of investment and competition, lowering the price and the profit made by businesses to the point of equilibrium. That’s textbook economics, and it makes all the sense in the world for consumers to switch en masse to clean, well lit stores that sell their drugs for much cheaper than the drug cartels can, due to the fact that they don’t have to maintain what is, in effect, a standing army an spy network.

    “I presume you still agree that legalization will make access even easier.”

    Anecdotally, no. It was harder to get alcohol than it was drugs, though both were easy to get. Drug vendors don’t care about the age of the kids buying; neither do alcohol sellers, but they care about keeping their license, and thus, most underage drinking occurs because a middleman will sell the stuff.

    “There may be a lot of alcoholics around, but as a percentage of total drinkers, it?s small. I?m not sure the same will be true of drug users, once hard, addictive drugs are readily available.”

    The percentages of addicts to both marijuana and alcohol are roughly the same (10%), though you’ve got a point about the harder drugs. There is a certain measure of selection bias, as well; someone turning to the black market to get something probably isn’t interested in casual use, though considering that a little less than half of all Americans have tried some illegal drug, that may not be a tremendous effect.

    “Regarding your final paragraph, I suggest that there is a significant difference between hard drugs and alcohol, so prohibition isn?t relevant except in the abstract.”

    Stats and arguments made were very similar, particularly for the softer drugs, so I see it as a valid comparison. The fact that proponents had to get an amendment indicates that the War on Drugs is un-Constitutional, as well, which should be important for conservatives.

    “Like ObamaCare, the decision to decriminalize, if carried out on a grand scale, could do irreparable harm. Which of course is why the initial call is just to legalize pot. (As an aside, does anybody want to legalize meth? Meth is deadly in multiple ways, and as near as I can tell, it can?t be used by anybody who leads what we would call a normal life. Criminals love it, though.)”

    Incrementalism is fine with me, and in fact preferable. I prefer incrementalism with regards to rolling back the welfare state, as well, essentially for the reasons that you cited, as well as the fact that sweeping changes are tantamount to social engineering, and that incrementalism allows individuals and businesses to ease into the “new normal”. Just so long as there’s forward motion. Don’t know too many in favor of legalizing meth outside the hard Rothbardian anarcho-libertarians; I’m more of a Milt Friedman or Hayek type, so I don’t mix with that crowd.

    “My belief is that if legalization of PURCHASE AND USE doesn?t come with draconian penalties for SELLERS to those who don?t qualify to buy, our problems will get worse.”

    Agreed. Would also have draconian fines for businesses that purchase or contract with terrorist organizations, or nation-states on the State Dept terror sponsor list.

    Conveniently enough, Reason Magazine interviewed a former cop from Law Enforcement Against Prohibition (LEAP) on the subject of child and teen drug use and legalization. I wish I’d posted it yesterday; it’s good stuff coming from a former drug warrior, and he makes a better case for it than I did. Check it out if you have the time:

  • aesthete

    I’m against medical marijuana for both the outcomes that you note (which seem to be endemic to that form of legalization), and because it is not legalization, but limited allowing of the drug for ostensibly medical purposes. What it really does is put marijuana under a regulation scheme that may make sense for medicine but not for recreational drugs (which, despite the medical uses, marijuana ultimately is). In addition, it creates negative incentives to lie to get drugs at a clinic, and hospitals are not designed to cater to recreational users. It’s the worst possible solution, and is possibly worse than full criminalization. The limited heroin legalization in the UK followed that schemata; it’s not really a surprise that the negative incentives created unintentional, but foreseeable, consequences. Cases like Portugal, which have decriminalized drugs for 9 years now, are more applicable, and in those cases, there isn’t an appreciable change. (A slight increase in property crimes, and a slight decrease in violent crime, have been attributed to the decriminalization, but nothing major on either end.)

  • aesthete

    must be separated from drug-related crime for ULA’s statements to hold true. Data definitely indicates that much of the violent crime results from prohibition, while the property crimes are more ambiguous.

  • Flagstaff

    “No, their business model will simply be untenable….Let?s assume that, after the regulation, and after the government takes its cut, businesses are left to play with about half the money they make. That means that, if they price their drugs at the same price as drug cartels, they?ll get 10000% profit minus operating costs. That?s a lot of profit, and it will attract a whole bunch of investment and competition, lowering the price and the profit made by businesses to the point of equilibrium. That?s textbook economics, and it makes all the sense in the world for consumers to switch en masse to clean, well lit stores that sell their drugs for much cheaper than the drug cartels can, due to the fact that they don?t have to maintain what is, in effect, a standing army an spy network.”

    Two things–Organized crime will not press an “untenable” business model. They’ll change it, as I pointed out above. And your observation about “textbook economics” overlooks the part about how businesses work to increase the number of its customer base. How do you keep Walgreen from marketing “drugs” the same way they do Chia Pets? If they are legally making the kind of money you suggest, who could blame them? BTW, I wouldn’t be too upset about any of that if the industry didn’t produce, in the end, millions of people who are performing at the bottom of their potential. That is not only bad for them, it’s bad for US. Also, BTW, the legal suppliers will have to maintain a standing army of lawyers to battle the lawsuits they will face, as do all drug-makers.

    “?I presume you still agree that legalization will make access even easier.?

    Anecdotally, no.”

    How can it possibly be harder to buy legally from a drug store than to have to deal with an illegal source, one which you can only access if you take pains to avoid being caught?

    “you?ve got a point about the harder drugs.”

    That was the point I intended to make.

    “Stats and arguments made were very similar, particularly for the softer drugs, so I see it as a valid comparison.”

    But my comment specified “hard” drugs. Alcohol is not comparable to them.

    “Incrementalism is fine with me, and in fact preferable.”

    Me, too. Let’s hope it isn’t the Democrats who write the legislation. They seem to prefer “all or nothing.”

    “?draconian penalties for SELLERS to those who don?t qualify to buy….?

    Agreed. Would also have draconian fines for businesses that purchase or contract with terrorist organizations, or nation-states on the State Dept terror sponsor list.”

    Good. Why don’t we take that step NOW, instead of waiting? I wouldn’t mind eliminating the penalties for users, or reducing them to simple, perhaps significant fines. Make “use” a civil penalty, not a criminal act, unless it is connected to some other crime. Maybe this could be the first step towards reform.

    I watched the video. Interesting, but underwhelming, although it certainly lays the groundwork for more study. His use of statistics to show that the “drug war” is using so many resources that murders are going unsolved is quite a stretch, however. For only one thing, the causes of murders in the US since the ’60s has undoubtedly changed, with perhaps many more occurring in the “random” or “gang-related” categories that are less likely to be solved. (I recognize that many of those might be related to illegal drugs, too.)

    I have more to say in response below.

  • Flagstaff

    not just ours.

    Except for those who want to “legalize marijuana,” the concept of de-criminalization of “drugs” never says specifically WHICH drugs.

    To list a few: cocaine, heroin, crack cocaine, methadone, pills of all shapes and colors. They all have different addiction profiles and side effects.

    And although I do believe in letting the market decide almost everything, the market already has been interfered with for so long that simply “legalizing everything” isn’t likely to work.

    Even if we embrace “incrementalism” we should be honest about it. Do we mean “start with marijuana and go on to other drugs only if that works the way we want” or “start with marijuana and go on to other drugs no matter what happens”?

    What will be our objective? To provide drugs of any kind to anybody who wants them? (Should they be free to the indigent user? Who will be the drug supplier? The government? Private drug companies? Will the sales be taxed?) To create a system that will make illegal drug sales unprofitable, and therefore eliminate the illegal drug market? To provide support for people who are addicted and want to kick their habit? To provide support for people who are addicted and can’t function well enough in society to take care of themselves? Do we want to provide more support for them than we do for alcoholics? Because these kinds of questions are never asked up front, government “solutions” ALWAYS “just grow.” No limits are set, no goals are specified, so it’s always OK to add another feature to the program.

    And a workable plan would lay out EXACTLY what would constitute a successful outcome for the initial marjuana experiment, with downstream contingency plans to follow in case it fails OR succeeds.* Recognizing that the drug/crime problem won’t be solved by the first step only, we should decide up-front just how far we will go. What drugs will NOT be legalized? What will follow marijuana? How do we make that decision? Do we trust government bureaucrats to decide for us?

    We should observe European systems, with the realization that their final objectives might be different from ours, meaning that success for them might be failure for us, and vice versa.

    As we legalize the more addictive, and therefore “desirable,” drugs, the unintended consequences multiply exponentially. Can we predict which drugs might be used even more after legalization? What social services will that produce a demand or need for? Are we willing to accept responsibility for addicts who became that way because we made it easy for them and by implication said addictive behavior is OK?

    Even more basic, what does “legalization” mean? Would a prescription be required? Would there be age requirements? Quantity restrictions? If any of those are “yes,” the criminal trade will NOT be eliminated. Only the price will change.

    *To be completely honest, I don’t believe that government is capable of doing even this elementary aspect of successful program planning.

  • aesthete

    that I think should be looked at by American conservatives universally, when considering action at the Federal level. In descending order of importance:

    1) Is it Constitutional? If drug criminalization is not Constitutional, then one should either support an Amendment to the Constitution, or leave the attendant powers and rights to the people and the States, respectively. In the case of drug criminalization and prohibition, we have the clear example of the Eighteenth Amendment: prohibition supporters, therefore, should be consistent and call for the repeal of the War on Drugs at a federal level, and either pursue the same in their states, or seek an amendment re-establishing prohibition of drugs under a Constitutional framework. Given that originalist interpretation of the Constitution is important, any law that is un-Constitutional, regardless of its utility, is furthering the debasing of the Constitution. Thus, repealing such blatantly anti-Constitutional legislation is objective enough.

    2) Increased liberty of the citizenry is clearly an objective that should be pursued by conservatives, even in the case of harmful substances. Smoking, trans-fat, and other bans may make us more healthy and productive individuals, and they may increase public utility, but the reason that conservatives oppose such bans is precisely their negative impact on freedom. Likewise, while I wish that drugs never existed, mandating a ban of them is contrary to the spirit of liberty in which conservatives and libertarians have been inculcated.

    Those two in conjunction make it clear that, at the very least, the Federal government shouldn’t be involved in criminalization and Federal law enforcement intended to do the same, without a Constitutional Amendment, at which point we can have this debate again. State bans, likewise, would be subject to the same review.

    Constitutionality aside, the goals of drug policy for conservatives should be legality and stability, neither of which we have under the current system. To that end, the buying, use, and vending of the softer drugs should be legal in a manner similar to that of alcohol and cigarettes, as such drugs tend to be the equivalent, as far as social harm goes, to alcohol. (Some of them, like marijuana, are less a danger to public health and society than is alcohol.) Following successful legalization (which should be judged by crime trends and their stability, taxation benefits, and after having seen several regulation schemes in different states, which would be compared, after a 10-15 year period), we should then focus on decriminalization for users (to define it: the establishing of use as a fineable civil infraction, rather than a misdemeanor or felony), and judge the effects of that. We could then legalize or criminalize these drugs on a state level based on the results in those given states. No federal funds would be apportioned in this process to help with criminalization or decriminalization efforts. Prescriptions being an absolute failure where they’ve been tried, we should avoid them wholesale. Quantity restrictions are plausible, and could be considered in a legalization scheme. Following unsuccessful legalization of softer drugs, we should establish drug use as a fineable civil infraction with fines dependent on the level of failure, and concentrate on harder drugs.

    Eliminating the illegal drug market would be part of the goal, given that the illegal market promotes lawlessness and instability. Rehabilitation can, to some extent, be considered, but only to the extent that it promotes actual stability, and not rehabilitation for the purposes of rehabilitation. All successes of any rehabilitation should be measured under that metric, and funded accordingly. Ideally, rehabilitation would only be considered for outliers and addicts to harder drugs, and should be partly funded by addicts with the recourses to fund their own treatment. Taxes should, at the very least, be set to meet Pigouvian levels (with the caveat that those levels are difficult to ascertain), some portion of which should be used for rehabilitation.

    An operational definition of legalization would be having drugs legal to purchase under a free-market dynamic, with regulations and some restrictions applied where need be.

    Morally speaking, we don’t bear responsibility for an addict’s choices, anymore than my getting an STD from unprotected sex would be your fault simply because it is legal. That sort of thought is irrelevant from a public policy standpoint, anyways. Stress of public programs is important to keep track of, but the lack of sympathy among voters for drug users getting free stuff would make it relatively easy to require perennial drug tests for admission into our various programs.

    Frankly, given the fact that criminalization supporters have not given a comprehensive reason to support it, a cost-benefit analysis, or anything remotely close to what you’ve described as necessary for legalization, comparatively speaking, legalization and decriminalization supporters still stand on much sturdier ground than they ever have. However, all of what you have mentioned is good protocol for any government program or privatization effort, regardless of merit, so it is good that you ask such questions.

  • aesthete

    There is no way for organized crime to change its business model without dropping the “crime”: their massive network and funding for criminal activities are a cost that would likely never be lower than the costs imposed by even the most stifling of regulations and taxation (though to play devil’s advocate, government regulation has proven resilient at killing all sorts of business ventures, so who knows), and are one that is necessary for evasion from the police. For this not to be the case, economic laws would have to flip completely around.

    Anecdotally (there’s that word again), school-aged kids could get alcohol from three sources: parents, a party, or by looking old and having fake ID. Drugs were much easier to get: they were sold on school grounds and pushed by kids as young as fourteen.

    If you’ve got time to kill, here’s National Review’s famous article proclaiming its official editorial stance against the War on Drugs. It’s interesting in that many of those involved initially supported the War on Drugs, including Bill Buckley.

  • Flagstaff

    I’m going to wind up my side (which really isn’t my side, because the sides haven’t really been defined).

    The 18th Amendment argument is interesting. I’m no historian, so I don’t know why it was thought that an amendment was necessary to install prohibition. Perhaps they were more Constitutionally observant then than they are now. For sure, your argument would fall on deaf ears today, but even so, it could be a state issue. And maybe it should be, like gambling and prostitution. But whereas gambling and prostitution are “occurrence” vices, drug abuse happens over time and the drugs travel across state lines. But that’s really getting into the weeds, as they say.

    “Likewise, while I wish that drugs never existed, mandating a ban of them is contrary to the spirit of liberty in which conservatives and libertarians have been inculcated.”

    Wishful thinking doesn’t solve problems. The philosophical question is whether drug use is a “right” or a “vice.” If it’s a right, of course it can’t be legislated against, although it might be restricted to adults. Since it’s an unenumerated right, if a right at all, that would be a point to be decided by somebody. Considering the harm drug use by A can cause for B, the “right” argument would be a hard sell. And you’re now in the arena of controlling “use,” not “sale.” And, it’s pretty clear that nobody has a “right” to sell just anything to anybody.

    And, I think it would be a very hard sale to make under a “states rights” environment that a state could NOT totally criminalize the sale of drugs if it wanted to.

    You keep mentioning marijuana as if it were the only problem. Whatever we might do with MJ, it certainly wouldn’t be appropriate to do with crystal meth, cocaine, or heroin.

    “a 10-15 year period”

    That seems reasonable. Anything less is too short to know. Maybe longer, if we want to see any generational change.

    “Prescriptions being an absolute failure where they?ve been tried, we should avoid them wholesale. Quantity restrictions are plausible, and could be considered in a legalization scheme.”

    The implication then is something like what you do now for elixer of turpin hydrate–sign for it without a prescription. This brings its own problems. Public figures wouldn’t do it. A national data base would be needed to catch abusers. This implies that quantity restrictions may be impractical, which implies that middle-men would be buying for those public figures. It happens now, of course. Except the middle-men might go commercial. More details to resolve.

    “An operational definition of legalization would be having drugs legal to purchase under a free-market dynamic, with regulations and some restrictions applied where need be.”

    This implies it can be handled much like alcohol. For that to be reasonable, either the regulations and restrictions have to be very strict, or drug use will have to become as societally acceptable as drinking alcohol. And if the rules are very strict, the illegal drug problem will not be solved.

    “Frankly, given the fact that criminalization supporters have not given a comprehensive reason to support it, a cost-benefit analysis, or anything remotely close to what you?ve described as necessary for legalization, comparatively speaking, legalization and decriminalization supporters still stand on much sturdier ground than they ever have.”

    Hah. I quote our fearless leader–”It could be a lot worse.”

  • Flagstaff

    I just spent a few days in Tennessee with my son, who is 41 years old. We ate out three times, and he was carded all three times.

    I wish I had his good looks. And youth.

    About organized crime changing–when all you have is a hammer, everything looks like a nail. That is in this case, the South American and Mexican cartels only have drugs to sell, so they will do what they have to to sell them. If we’re lucky, they’ll change their target customer base to other countries. If not, they’ll keep trying to find a way to sell here, where a lot of the money is.

  • aesthete

    isn’t really open to debate, Observance to the Constitution, while not perfect, was much better prior to WWi-New Deal, so the thought of a massive government program not delineated in the Constitution through legislation was one that was less approachable then than it is now. Consistency being a virtue, conservatives must thus support efforts towards federal repeal, regardless of personal feelings, in much the same way that libertarians would have to rule state bans on same-sex marriage Constitutional, regardless of their personal opinions on the same.

    The right in question is that of self-ownership: while it is not absolute, surely you can agree that prohibition takes away from this fundamental right. Also, I would like to see how Person A’s use of a substance, in and of itself, deprives Person B of anything.

    Yes, legalization assumes that some of the substances currently criminalized could be handled in a manner similar to alcohol. Portugal’s decriminalization of all drugs has been 9 years running, and so far hasn’t had a remarkable impact on crime or the various markers that concern drug warriors (slight drop in violent crime, slight uptick in property crime). That is encouraging evidence against some of the more bellicose voices crying out that criminalization is the only thing that keeps society from collapsing.

  • aesthete

    Just like Xerox tried to stay in the computing business after getting trounced by PCs, and Palm tried to stay in the PDA and smartphone business after the iPhone and Android phones came on the market, they can only fight reality for so long. Organized crime might find some other wonder product or horrific practice that people want, but it won’t be drugs, for the same reason that it isn’t alcohol today, despite the fact that Al Capone made a killing on bootlegging: people respond to incentives, and safety and cost are pretty big ones.

    Concerning your son, I get carded a lot, too (though I am somewhat younger than your son). One store owner refused to believe that I was over 21, despite my ID! Suffice it to say, it’s both flattering and irritating :)

  • Flagstaff

    it isn’t alcohol today PARTLY because alcohol is easily available legally for most adults, but also because alcohol isn’t as desirable/addictive or as easy to transport or anywhere near as profitable as drugs. You can’t carry $500,000 worth of booze in a backpack. Profit is a big incentive, too.

    As long as the cartels control the production of drugs, they will try to sell them, whether others can sell them legally to a different population or not. I think it’s premature to declare that “it won?t be drugs.”