The United States has been fighting the
“War on Drugs” for decades. Spending on drug enforcement
now totals about $35 billion per year, yet drug abuse continues.
Enforcement Has Not
Reduced Drug Abuse
In Washington State, arrests for drug offenses have increased
by 345 percent over the past 15 years. Increasing arrests
has not reduced drug abuse. Interestingly, rates of drug
use actually declined before intensification of enforcement
and incarceration, then increased after the imposition
of harsher criminal sanctions in the 1980’s.
Legal and Medical Professionals Recognize the Drug War
Failure
The King County Bar Association (KCBA) recently released
a report after months of study recommending that the focus
be changed from criminal sanctions to prevention and treatment.
The KCBA’s report was endorsed by the Washington State
Bar Association, the Washington State Medical Association
and other mainstream professional organizations. The 125
page KCBA report, on which this article is based, is accessible
at www.kcba.org.
Drug Offenders Serve More Time than Violent Criminals
Besides not stopping drug abuse, the War on Drugs incarcerates
the wrong people. Ninety percent of federal drug convictions
are for non-violent offenses.
Drug offenses are frequently punished more severely than
violent offenses. For instance, in Washington the average
sentence for heroin or cocaine delivery in a school zone
is over 5 1/2 years, whereas the average sentence for
first degree child molestation is less than 3 1/2 years.
One doesn’t need to endorse this kind of activity to be
concerned with how it compares with crimes of violence.
Alcohol and Tobacco:
Drug War Terrorists
Speaking of violence, the drug most associated with violence
is alcohol. It is a factor in over 40% of murders and
over 50% of assaults.
In Washington, alcohol-related assaults outnumber assaults
related to other drugs by a 13 to one margin.
Alcohol and tobacco are largely excluded from the “War
on Drugs.” Yet each year in the U.S. over 110,000 people
die of alcohol related causes, and over 430,000 die from
tobacco. Interestingly, no deaths have ever been recorded
as a direct result of marijuana, yet it is illegal.
Erosion of Civil Rights
In the “War on Drugs” many people who were never convicted
of a crime lost their homes, cars, and other property
through civil forfeiture. These laws reverse the basic
concept of “innocent until proven guilty.”
Washington State recently amended our laws so that the
prosecution, rather than the accused person, has the burden
to prove property is related to drug activity. However,
it is still possible for property to be taken without
a criminal conviction.
Many non-violent drug offenders are considered felons.
People who are convicted of felonies in Washington lose
their rights to vote, to hold public office, and to serve
as a juror.
Students who are convicted of drug charges (even simple
possession) lose their eligibility for federal financial
aid and guaranteed student loans. No other criminal offense—
including murder or rape— has this effect.
