Status Quo Going Up In Smoke?
Isn’t it fascinating that the real post-election change — the evolution in status quo thinking — appears to be happening today not in national defense or even economics, but in what would have seemed so improbable up until now: the 72-year debate over marijuana use and the $40 billion War on Drugs?
One can see and feel it everywhere. From the sympathetic conservative commentary following the video exposing gold medalist Michael Phelps engaging a party bong, to recent efforts at making marijuana legal and taxable in order to ease the economic crisis in California (58 percent of West Coast voters seemingly agree). In March, The Economist offered its second treatise on all-out drug legalization in 20 years, and in February, former leaders among the worst narco-states in Latin America — Mexico, Brazil and Colombia — said U.S drug policy was not only failing, but stoking the violence, and released a report calling on governments to refocus policy toward drug treatment and decriminalizing marijuana.
In just two announcements in the last month, President Barack Obama signaled a near seismic shift in the way the federal government approaches cannabis: directing new Attorney General Eric Holder to hold the line on pursuing medical marijuana sellers and users in states with medical marijuana laws, and appointing Seattle Police Chief Gil Kerlikowske — who as top cop honored the city’s wishes and approached simple marijuana possession as a low-level crime priority — as the next “Drug Czar.” As a reflection of Obama’s view that the Drug War has largely failed, he removed the czar’s cabinet level designation and has incorporated treatment-over-incarceration tenets in his FY 2010 budget blueprint.
Meanwhile, since Holder’s announcement that his office will not continue Bush-era medical marijuana prosecutions, several states are more confidently pursuing such measures (13 states have already passed medical marijuana provisions in the last 13 years). Marijuana decriminalization is also happening on the state level, like in Massachusetts’ successful ballot referendum last fall.
So it would seem, instead of the deteriorating Mexican border situation snapping public opinion back into lock-step on the War on Drugs, it is creating a space for reasonable voices to question first, whether marijuana prohibition – which, according to Arizona Attorney General Terry Goddard, Mexican drug cartels get anywhere from 60 to 70 percent of their revenues exploiting — is truly bad for our health as a nation. Second, the debate over the War on Drugs in its entirety, replete with dogged scholars and activists attacking the old arguments for drug prohibition at the very core, has broken wide open in the mainstream for the first time in recent memory.
I cannot think of any better example than when I opened the Sunday paper and found that usually saccharine enforcer of American cultural hegemony, Parade, demanding an answer in bossy bold print, “What’s Wrong With Our Prisons?” written by Sen. Jim Webb of Virginia, who wonders what kind of country has one in every 31 adults either in prison, jail or on some sort of supervised release.
“Drug offenders, most of them passive users or minor dealers, are swamping our prisons,” writes Webb, a conservative Democrat, decorated Vietnam veteran and former Reagan Navy Secretary, who points out that drug offenders made up 33 percent of the prison population in 2002, that 47.5 percent of all drug arrests in 2007 were for marijuana, and 60 percent of state inmates had “no history of violence or of any significant selling activity.” Though the piece was designed to publicly launch Webb’s Congressional pursuit of reforming the prison system, he also says “I believe that American ingenuity can discover better ways to deal with the problems of drugs and nonviolent criminal behavior while still minimizing violent crime and large-scale gang activity.”
But don’t go breaking out those EZ Widers yet — Obama’s flippant tone last week addressing a popular question about marijuana legalization and its potentially positive impact on the economy, signaled how afraid politicians still are to be seen as “soft on drugs.” His response disappointed more than few, but it was indicative of a man who is treading pragmatically ahead on one of the most radioactive subjects of modern times. He’s clearly not prepared to go any further — at least not yet — than defending states’ rights and a softer drug control agenda. This halfway approach is doomed, many will say, because it still doesn’t address the $320 billion global narco-industry fueled by prohibition — and the $40 billion we spend every year to stem the flow into this country.
More pointedly, AG Holder’s March edict that the federal government will only “go after” those who are in violation of both state and federal law in regards to medical marijuana was widely seen as a victory for advocates, but California activists are now pointing out that the raids have not ceased. The noted raid on a San Francisco dispensary that reportedly had a temporary license with the Department of Public Health (and therefore seemingly within California law) was supposedly triggered by state tax improprieties. Details of the raid have been sealed.
Reason’s Jacob Sullum wonders whether Holder’s carefully worded order gives wiggle room to agents by allowing them to harass dispensaries over any state or federal law violations, drug-related or not. Others say the law in California is so vague now, that just a “whiff” of pot gives federal agents probable cause to raid dispensaries merely “suspected” of violating state law.
The real test is what happens to the suspected medical marijuana offenders awaiting trial in California today, who were arrested growing and selling pre-Obama, and whose cases may depend on how justice responds to the administration’s new demands. U.S District Court Judge George Wu has already asked for a delay in the sentencing of Charlie Lynch, who was convicted last summer of violating federal marijuana laws by selling marijuana out of his Morro Bay dispensary, and is facing anywhere from five to 85 years in prison. Wu wants more clarity from the DOJ on how to proceed. A good rundown of the case from Sullum, here.
Lynch’s case symbolizes the legal perversions resulting from dueling state and federal laws — he was operating legally under California law, he even had the blessing of the mayor and town — but the federal jury was not to hear of any of this. He was charged with selling to a batch of minors, but federal law considers anyone under 21 “a minor” (in California, it is under 18). One of these minors was a high school student with bone cancer who had his leg amputated and, accompanied by his parents, was given a prescription for medical marijuana by a Stamford oncologist when all other prescribed pain killers failed. Owen Beck’s full story never made it into the court record. A good profile by Drew Carey, here.
But at least today, the status quo is being openly challenged. An asymmetrical attack on status quo drug policy thinking based on economics, crime, compassion, states’ rights and individual liberty. Meanwhile, public opinion on marijuana seems to be climbing out of the muddy quicksand of Woodstock and Reefer Madness, and to a more rational departure point for thinking about where and how marijuana fits in, and whether legally, it can be treated like post-prohibition alcohol and cigarettes.
Americans are by no means settled on their answer, and there will no doubt be vigorous and reasoned arguments on either side before that happens. On one hand, support for medical marijuana seems to be growing everyday, but on legalizing marijuana altogether, proponents are still in the minority (through the numbers range from 31 percent to 44 percent depending on the poll).
The late William F. Buckley Jr. called for a “genuine republican groundswell” to reform our current drug laws and pointed out in 2004 that it was “happening, but ever so gradually.” I think he would be pleased to see how much the debate is evolving, that change is no longer “creeping,” but marching ahead.
Good Morning,
Excellent article. The taboos against merely discussing the validity of the war on drugs, as exemplified by the recent mess at the El Paso city council, are finally blowing away in the wind. This drug war was a disaster from day one and someday will be discussed in history classes as the worst policy ever implemented in the US.
Right now we simply do not have the luxury of being wrong anymore. Economic costs alone justify ending the drug war. To paraphrase Churchill; Never has so much been spent to hurt so many and accomplish so little. In fact, since most of the violence and crime we have seen could never have come about without Prohibition the drug war was akin to a football player running the ball into his own end zone….over and over and over and…..Well, actually I’m sure the coach would have benched the kid after the first time. Second time at most.
I’d wager a modest amount that by the end of Obama’s Presidency (which I’d also wager will indeed be 8 years) that the only significant change we’ll see will be with so-called “medicinal” marijuana, and that will still be a mess like it is in California.
There’s just too much institutional mass interested in keeping pot illegal. The cops, the district attorneys, the courts, the jailers, the counselors, the DEA, Customs, parts of the military, parts of Intell, parts of the State Dept. and etc., etc.
And it’ll be the cops in one form or another who will be the big blockage. Think of how much of their dough comes in order to “fight drugs.” Think of how many of their arrest and conviction statistics come from mere marijuana possession “with intent to sell.”
That Lynch case is instructive. John Stossel had a piece on this Lynch case the other day on 20/20, and here it is on youtube:
Beyond appalling. Guy opens storefront to sell medicinal pot in strict accord with Calif. law. Mayor attends ribbon-cutting ceremony opening it. Local sheriff however doesn’t like it. Sends in undercover people like mad trying to entice the guy to sell in violation of Calif. law. (To underage people or those without physician slips or whatever.) Not one succeeded. So what did the Sheriff do? Turned it over to the Feds whose law doesn’t recognize one whit of California’s validity. They storm the place with the usual assault-troop-like tactic involving large numbers of officers. Put a gun to the guy’s head on the ground. Prosecute him simply for selling. At trial none of defense’s based on California law allowed, nor any evidence going to show same; it’s all irrelevant. The guy is convicted with the jury saying “we had no choice given the federal law standards we were sworn to use to decide our verdict.” The guy loses his livelyhood, his house, everything and as noted above is awaiting sentencing.
Beyond appalling. And yet where was the groundswell in that area against the Sheriff?
For some reason the link I provided for youtube did not show in my comment so I’ll try it again:
http://www.youtube.com/watch?v=L9-09sWCdlY
Cheers
The prohibition of marijuana is hurting our country far more than marijuana ever will. Politicians need to get their heads our of the sand and realize that being a parrot for the same failed policy will not score them any points anymore. It’s getting bad. Why the hell should we keep prohibition going? How much power do we want to give drug lords?
Prohibition strains the Constitution and The War on Drugs has been a misguided failure. END IT.
http://pacificgatepost.blogspot.com/2009/04/war-on-drugs-time-for-change.html
Time to regain control of our streets and our sanity.
Kelley, you make a reasoned argument in support of medical marijuana legalization and decriminalization in general. You note President Obama’s apparent congeniality toward the idea. For it to gain currency with Mr. Obama however, political profit need be found to counter the risk to the president’s unpotularity among prohibitionists. Imagine the vitriol when that first DUI medical marijuanist the president enabled runs over a pedestrian, and keeps trukin’ on down the road. Would you want to be in the president’s tie die?
But the president’s overcoming fear of tarring is easier than getting past the real politics of changing the law. The real politics, reducing the flow of money and power to constituencies who profit from keeping the drug illegal, that’s activism wherein Obama is unlikely to see profit.
At the end of the moral debate and after weighing the political risk, you have to wonder if regards making it easier to get pot and cutting the perquisites to the war on drug industry Mr. Obama won’t just say, do I really need this?
Luis de Agustin
It is time that we the people become fully imformed jurist, who legally judge the law as well as the defendant. We as jurors have the right to aquit a person if we feel the laws are bad laws. When juries begin to simply aquit drug defendants, the laws will be forced to change. It only takes one juror to stop the other 11 from sending people to jail for drug offenses.
Why is marijuana reform considered “radioactive”? Only because the politicians say so. A huge majority of the population has been in support of both medical cannabis access and decrim (no arrests for small possession) for year nows.
It’s time to recognize that marijuana reform isn’t radioactive or “controversial” – it’s common sense. Have we in American gone so far into a Orwellian totalitarian society that we’ve lost our ability to act on common sense?
I agree completely with TomB. It’s time to start talking about the only real reason why cannabis isn’t legal and regulated – the police/prison inustrial complex. Law enforcement has become the most powerful element of American government. The other parts of the government have lost the ability to control law enforcement. Policies and laws are now decided and written by law enforcement in the way that benefits the criminal justice machine.
In Russia when the Soviet Union collapsed and the government could no longer pay its security apparatus and law enforcement agendies they went directly into the mafia, and now the country is plagued by violent extortion that makes it nearly impossible to start and operate a business. Is that where we’re headed? Stay tuned.
A nickle says this becomes President Obama’s ‘don’t ask, don’t tell’. lol
The only thing in these chats about cannabis I would REALLY like to see changed is…CANNABIS…when mentioned as a drug…should be mentioned as an ALL NATURAL drug..unlike ANY drug the pharmacuticals produce..It is GOD’S gift to man.
@TomB, the mess is California is rogue DEA Agents performing smash and grab raids, arresting no one.
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I’d wager a modest amount that by the end of Obama’s Presidency (which I’d also wager will indeed be 8 years) that the only significant change we’ll see will be with so-called “medicinal” marijuana, and that will still be a mess like it is in California.
There’s just too much institutional mass interested in keeping pot illegal. The cops, the district attorneys, the courts, the jailers, the counselors, the DEA, Customs, parts of the military, parts of Intell, parts of the State Dept. and etc., etc.
I hope and wish that Kelley is right, but I fear and expect that TomB is. Some of the larger cities and many more of the states might flirt with legalization, but the 3000lb gorilla in the room is the Federal Government, which no state or city has the political will to challenge, especially not when they’re on the receiving end of bailout millions.
My prediction? Many statutory moves will be made towards legalization, but the FedGov, which is now totally beyond the reach of the people, will continue to enforce their drug laws, even against cannabis.
I genuinely appreciated this article. All I have to say is that I would feel a hell a better about raising my children in this country if marijuana was legal and regulated. In my opinion, there is no greater threat to my children than the US criminal justice system. Followed that closely by the black market that only exists because of our failed efforts at prohibition.
Cheers to the politicians who are finally doing what they should be doing – protecting the people who have given them their power.
Legalize it, regulate it, tax it.
Peace
[...] reasonable objections to the wasteful reality of the drug war (see Glenn Greenwald at Salon and Kelley Vlahos at @TAC for recent examples). That’s all well and good, but our government’s drug [...]
[...] Conservative magazine can see the pace of change regarding cannabis laws in America. And the conservative right seem down with it [...]