Tuesday, February 12, 2008

Rethinking the Global War on Drugs

Reflections on a talk given by Ethan Nadelmann at University of Miami Miller School of Medicine
March 20, 2007

Legalizing marijuana? Government-endorsed use of heroin? As a child of parents who attended art school in the late 1960s and compensated for their youthful drug excesses by instilling a strict anti-drug rhetoric in their progeny, and figurative child of the “Say No to Drugs” campaign, these ideas seem almost sacrilegious. Before going into Dr. Nadelmann’s presentation, I admit that I thought he was an entertaining leftist with unrealistic goals. But what was conveyed through Nadelmann’s live talk, which did not come through in his myriad newspaper publications nor his appearance on “The Daily Show”, is the absurdity of some of the origins of American policy, particularly in the realm of healthcare.

Why is marijuana illegal? And heroin? Really why? As a child and teenager I believed that these drugs are “bad” and did not question further. I subsequently went off to New York University, then ranked #1 for weed smoking in the country and full of privileged prep-school students able to afford not only Marc Jacobs shoes (my particular point of jealousy) but experimentation with a cornucopia of drugs. The vast majority of my peers did not become consumed with “sin, degradation, vice, insanity and debauchery”, as a 1950s-era anti-marijuana poster in my roommate’s bedroom claims. This is a point that Dr. Nadelmann made, with more solid evidence, not only as pertains to marijuana but even heroin, hence the concept of methadone clinics. This leads me to question how our drug policy did evolve, if it was not a direct result of public health concern.

The story of cocaine is eye-opening. The first anti-cocaine laws were passed in the Southeast, particularly directed at blacks working on the docks because whites feared the unpredictable “negro fiends”, stories of whom stem from yellow journalism.[i] The first anti-heroin laws were passed in California directed against Chinese immigrants. Drug policy is therefore historically tainted by racism, not so much scientific proof. What should save current policy, however, is that there is a close relationship between crime and drugs, so campaigning for fewer drugs and arrests of people with drug possession will lower crime. What did not occur to me is that the deviant culture surrounding these drugs is propagated and upheld, at least partially, by their very illegality and lack of government control. Indeed, 18% of Federal inmates commit their crimes to obtain money for drugs.[ii] Dr. Nadelmann’s ideas for cleaning up crack neighborhoods, i.e. controlling drug use and purging the powerful drug dealers and black market drug economy, does make sense. This is akin to current HIV/AIDS prevention issues in Africa, where the U.S.A. has allocated $15 billion but with certain restrictions, such as mandating that 33% of prevention funds be used for abstinence-until-marriage-only programs and deemphasizing the importance of condoms in HIV/AIDS prevention in all but the highest-risk groups.[iii] All this in the face of clear, sound global health tactics showing that condoms are the most effective preventive tool and that marriage does not necessarily protect from transmission.[iv] Yes - in a perfect world no one would have sex outside of disease-free, monogamous relationships, just as no one would even try drugs much less become addicted, but to ignore reality for idealism is lunacy. It just doesn’t make sense, and the losers are the poor.

The crux of my ruminations on this subject tend toward the following: in a time of growing mistrust of our government, eroding domestic social programs, and lessening sense of security, I am questioning the way America does business. I am questioning to what extent our laws, supposedly set in place to promote a civilized and democratic society, in fact serve to keep certain groups of people down. While I cannot predict what the American people will do about disparities in drug or HIV/AIDs policy, I can predict what my actions in my medical career will be. What Dr. Nadelmann’s talk underscored, more than the specific challenges facing new approaches to drug policy, is that there exists a context for medicine and it should not be forgotten. Just because particular laws and procedures are in place does not mean that they are the best nor even helpful ( our current health insurance system may be a case in point). The genesis of drug policy may have been derived along racial lines, but what may be a bigger problem, particularly in Miami, is the all-too-easy stigmatization of drug addicts seeking help, as well as their limited options.



[i] Williams, Edward H., “Negro Cocaine ‘Fiends’ New Southern Menace,” New York Times, February 8 1914. http://www.druglibrary.org/schaffer/History/negro_cocaine_fiends.htm

[ii] Bureau of Justice Statistics, “Veterans in State and Federal Prison”, NCJ 217199, May 2004.

[iii] UNAIDS. (2005a, accessed 2007, June 30). AIDS Epidemic Update, 2005. [Online]. http://www.npr.org/documents/2005/nov/unaids/2005_update_full.pdf

[iv] Engender Health. (2005, accessed 2007, June 30). Women's Health in Jeopardy: Women and HIV. [Online]. http://www.engenderhealth.org/ia/swh/pwomenandhiv.html

5 comments:

chris bailly said...

Great post, Alexis! I also appreciate the use of citations. Very classy.

You've nailed the crux of the problem, I think. Criminalizing the substance tends to place any response to drug-related problems into the criminal justice realm, rather than the public health realm. It is an interesting thought-exercise to think about the ways in which alcohol and any other illegal drug is treated under are criminal justice system. Alcohol use is certainly illegal in many settings, e.g. while driving, while in public, while under 21. And this makes sense. The crime isn't using alcohol, it is using alcohol in a way that endangers others. Driving drunk, therefore, is not much different than driving with your eyes closed, driving while on some prescription medicines, etc. The crime is about driving while ____, not ____ with alcohol. Marijuana, on the other hand, is always a crime of _____ of/with marijuana. So what are we punishing? Basically, any association with a drug, rather than specific endangering conduct. The substance, not the dangerous consequences is criminalized.

Obvious stuff, of course. But it leads to an interesting point. In some ways possessing marijuana is akin to thought-crime. In most crimes, you have to have the culpable mental state (mens rea) to either purposefully harm someone or to act negligently or recklessy in a way that endangers someone. We know this state of mind by actions, not thoughts. Say I own a gun, and I think about murdering someone every day. If I don't grab that gun and act on it, it is not illegal.

Now think about marijuana possession. What is my culpable mental state? Assume for the moment the point of the law was to prevent a harm as broad as simply smoking the marijuana. Say smoking marijuana in and of itself is so dangerous as to be illegal. As compared to my gun and murder example, the presumption is different. It is presumed that just because I own a gun and could think about murder that I won't murder someone. Only when my actions disprove it can I be charged. With marijuana, possession is presumed intent to ingest it. Not only is it a presumption to ingest it, but the presumption is irrebuttable. If possession laws are intended to stop a social harm of smoking marijuana, than the culpable mental state of the law is an assumed intent to ingest that cannot be disproved by the person charged. The potential to cause harm, whether real or illusory, is enough to land you in jail. Marijuana possession punishes you for your potential to commit a crime, rather than actually committing a crime.

Of course, one could argue that possession of marijuana is not a thought crime as I've argued above. If possession is illegal because simply possessing marijuana is a social harm, whether or not it is sold or ingested, then a possessor has shown his criminal culpability through his actions, the action of possessing the marijuana. If that is the case, then tell me: how would a bag of weed in my dresser drawer possibly be harming anyone, including myself, if I never sold or ingested it, but simply let it rot? The answer is obvious, so to me the logical way of thinking about the crime is that possession presumes a criminal intent to sell or ingest, therefore punishing you for potential to commit a crime, rather than a crime itself.

When you criminalize a substance, it is impossible to have a rational, tiered set of laws that specifically punishes the harmful conduct associated with a substance (as in the laws regarding alcohol use) It is intellectually inconsistent. If you walk into rehab, you've admitted that you've broke the law time and again. If you are addicted and caught using (and you are poor or black or have a bad lawyer or a prior record), you go to jail, not rehab. The public health implications of drug use cannot be addressed effectively while the substance remains criminalized.

Zach Wallmark said...

Excellent discussion of this thorny issue.

The racial dimension of US drug policy is disturbing and destructive. As Alexis points out, the regulation of many drugs came about as a response to a perceived problem with specifically black use; this bias against the poor and against blacks continues today with lopsided mandatory minimum sentencing guidelines, whereby 100 grams of cocaine is the legal equivalent to 1 grams of crack. These deeply unfair guidelines have landed a generation of young black men in prison for drug charges.

But the racial tinge to this issue is far more nefarious than this. In recent years, it has been revealed that the CIA has aided in the importation and distribution of crack in inner city neighborhoods. When I first read this, I couldn't possibly understand the reason why this would happen, as indeed the logic behind this behavior goes beyond America's shores. During the waning days of the Cold War, anti-communist forces in Central and South America were recipients of the financial largesse of the US; since many of the organizations were funded entirely through the drug trade, increased product demand in the US meant greater profits to go towards efforts to fight the communists. To prop up the contras in Central America, the CIA sold out our most vulnerable population, and ironically the same one that prompted the criminalization of certain drugs in the first place. In a strange circle, racism pushed lawmakers to criminalization, which in turn drove up the market value of drugs, making it a profitable venture in Central/South America. When allies in the region were looking for fund-raising opportunities years later, it was racism that drove our government agencies to either look away from or actively encourage drug use in our poorest neighborhoods. The symbiosis was brought to a poisoned fruition. (Alfred McCoy's "The Politics of Heroin: CIA Complicity in the Global Drug Trade" is a great resource)

This also gets into the economics of the drug trade, or what financial writer Katherine Austin Fitts calls "narco-dollars," but I'll save this for another comment. Or, if Jared reads this (he knows a lot more about this than me) maybe he can follow up with a comment on the economics of drugs.

Wally said...

Very eye-opening, Alexis. I had no idea that the early anti-drug laws were so clearly racist. Knowing this would influence my interpretation of the Bush administration's own war on drugs except for the fact that this is the administration that brought us a renewed emphasis on fighting the scourge of marijuana, oblivious to the national epidemic of meth, and who created and implemented an ad campaign which a GAO study found actually increased first time drug use among teenagers. Clearly we need not fear a sinister hidden agenda from this hapless crew. That would require logical thinking and effective planning and implementation well beyond their capability.

Please write more. I enjoyed it!

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