Yielding My Time/Space to Paul Ogden

While I don’t always agree with his policy prescriptions, I consider Paul Ogden one of the most thoughtful and consistent of Indianaplis’ local bloggers.

His post this morning responds to this morning’s headline trumpeting a ‘drug bust’ and expands upon my post drawing parallels to prohibition. Accordingly, I am, as they say in Congress, yielding my time to the gentleman from Ogden on Politics. Ponder his message, with which I agree 100%.

We Never Learn….

Thanks to the magic of TIVO, Bob and I were able to watch the entire six hours of Ken Burns’ “Prohibition”–we just watched the last 2-hour episode last night. I defy anyone to watch this documentary without recognizing the parallels with our contemporary drug war; they practically jump out of the screen and punch the viewer.

Prohibition was one of those periodic efforts made by still-Puritan Americans to use the power of government to ensure the “good behavior” of their neighbors. (The Puritans, of course, get to define “good behavior.”) As we all know, it was a disaster, which is why it was the only Constitutional Amendment ever repealed. Crime and murder rates rose exponentially, corruption was rampant, enforcement was selective–and more people drank during prohibition than either before or after.

What is less often recognized is how significantly prohibition enabled the growth of the federal government’s infrastructure. Depending upon your point of view, that may be good or bad, but it’s ironic. As historians and political scientists have demonstrated, the “morality police” tend to be proponents of local control.

What is so discouraging about this exploration of our “great experiment” is that we have learned nothing. The only difference between alcohol and drug prohibition is that the former was constitutionalized. Otherwise, we are seeing precisely the same results. When a substance is forbidden, not only do people crave it, they are willing to spend more to obtain it, consistent with the risk involved. So we have more crime, more corruption, and (if experiments in countries like Portugal are any indication) more drug use.

At the end of the documentary, someone pointed to the obvious: when a substance is outlawed, anyone willing to break the law can get it. When it is legal, it can be regulated–the government can ensure that it isn’t adulterated with dangerous additives, that it is kept away from children, etc. As the noted libertarian Peter McWilliams once put it, “When was the last time you saw the owner of the local liquor store hanging around the schoolyard whispering “Hey, kid–just got in a new shipment of Stoli!”?

How many more billions of dollars must we waste, how many more lives must we ruin, how many more countries must we decimate before we re-learn prohibition’s lesson?/

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Have I Got a Revenue Enhancement for You!

I’ve been pondering the arguments about how to reduce the national debt, and I have a proposal. Dump the drug war.

The fiscal consequences of our current policies are staggering. While other estimates have been as high as 88 billion, an economics professor at Harvard reported in 2005 that replacing marijuana prohibition with a system of taxation and regulation similar to that used for alcohol would produce combined savings and tax revenues between $10 and $14 billion per year.  Even that’s not chump change. (Estimates from a variety of sources are that marijuana prohibition costs U.S. taxpayers nearly $42 billion dollars a year in criminal justice costs and lost tax revenues alone. This is just from marijuana prohibition—not efforts to control harder drugs.) As of August 19th of this year, state and federal governments together had spent $25, 969,752,344 on an effort that has–as the AP recently reported–has failed to meet any of its goals. The federal government alone spends approximately 500 dollars a second on drug prohibition.

Then there are the opportunity costs. Indiana used to have a robust hemp industry. Hemp is an enormously versatile and useful product that cannot be smoked or used as a recreational drug, but our indiscriminate policies outlaw its growth. They also prohibit use of marijuana to alleviate the side effects of chemotherapy. And the drug war diverts desperately needed dollars from serious crime-control efforts and other government programs.Estimates are that the money spent annually on the drug war would pay for a million additional teachers.

Law Enforcement Against Prohibition is an organization formed by law enforcement professionals–current and former police officers, sheriffs, prosecutors and judges. These are people who have seen the drug war up close and ugly, and their message is simple: it has been a costly disaster. Just as with America’s prior experiment with alcohol prohibition, the result has been policies that have created a set of perverse incentives that have made drug dealing so profitable that they outweigh the prospects of being caught. Last year the FBI reported that there is a drug arrest every 19 seconds in the US, and 82% of those were for simple possession. That isn’t surprising, since government estimates are that 47% of Americans over the age of 12 admit to using illegal drugs–mostly marijuana, which is no more harmful than those legal drugs, tobacco and alcohol.

There is a copious academic literature documenting the failure of American drug prohibition–and wide consensus on the magnitude of its social and human costs. There is also wide recognition that politicians of both parties are loathe to act on the basis of evidence when that evidence contradicts their ideology or (heaven forbid) threatens their electability by causing them to be seen as insufficiently concerned about law and order. On the other hand,  the country’s current fiscal crisis may finally provide a rationale for doing what most students of the issue have long advocated: discard a policy that has never worked. Decriminalize, tax and regulate marijuana, and focus on treatment and prevention for those with genuine addictions. (Ironically, federal law does not distinguish between use and abuse: it simply declares that any use of a substance that has been declared illegal is a crime, no matter how sporadic or casual the use. This “zero tolerance policy” has cost us a fortune–on average, it costs $25,251 to incarcerate a federal prisoner for one year.) Surely, even the most rabidly anti-tax Republicans would not object to taxing another “sin.”

Over the past 30+ years, we have ignored the numerous books, scholarly studies and organizations advocating the repeal of drug prohibition. Perhaps the current focus on national financial issues can help us achieve both savings and sanity.

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Pesky Evidence

I’ll admit to being one of the multitude of fans who have made shows like NCIS and CSI such hits. It isn’t that I don’t recognize how unrealistic they are—no publicly financed lab could afford such cutting-edge equipment even if someone invented it—but I love watching the search for hard evidence, and the characters’ willingness to abide by what that evidence shows even when the result is to exonerate some really unattractive suspect.

Wouldn’t it be nice if those we elect to make policy were similarly devoted to evidence-based decision-making?

In the real world, unlike the televised version, policymakers routinely disregard research that doesn’t match their ideological preferences. I’m not talking about a couple of studies where the results are ambiguous, or subject to conflicting interpretation. I’m talking about policies where the evidence is copious and expert consensus compelling. Global climate change is one such area; our incredibly expensive “drug war” is another.

Some years ago, I got a call from a teacher in northern Indiana who wanted to arrange a public forum on the pros and cons of our punitive drug policies. In private conversations, the Chief of Police, a local judge and the prosecutor had all told him that prohibition simply doesn’t work. Not one of them, however, would repeat those sentiments in public. My students who are police officers consistently tell me that alcohol—which is regulated but legal—is a much greater problem than marijuana, because people are more aggressive when they are boozed up than when they are zoned out.

The fiscal consequences of our current policies are staggering. In 2005, an economics professor at Harvard reported that replacing marijuana prohibition with a system of taxation and regulation similar to that used for alcohol would produce combined savings and tax revenues between $10 and $14 billion per year. Estimates from a variety of sources are that marijuana prohibition costs U.S. taxpayers nearly $42 billion dollars a year in criminal justice costs and lost tax revenues. This is just from marijuana prohibition—not efforts to control harder drugs.

Estimates are that the money spent annually on the drug war would pay for a million additional teachers.

Then there are the opportunity costs. Indiana used to have a robust hemp industry. Hemp is an enormously versatile and useful product that cannot be smoked or used as a recreational drug, but our indiscriminate policies outlaw its growth. They also prohibit use of marijuana to alleviate the side effects of chemotherapy.

Other states have begun to rethink these policies. Fifteen states have legalized medical marijuana. Oakland, California has begun assessing a sales tax on marijuana sold in marijuana dispensaries.

I recently had a call from a group hoping to convince the Indiana legislature to revisit policies on medical marijuana. The caller asked what the evidence showed.

I told him that the evidence conclusively demonstrated two things: that the drug war is both costly and counterproductive, and that in politics—unlike television—evidence is irrelevant and ideology rules.

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