Free from the Nightmare of Prohibition
by Harry Browne
(From
The
Great Libertarian Offer)����������
Until the early 1900s, the federal government did little to regulate or
control the sale or use of alcohol or drugs �
except for taxing alcohol.
It may be hard to believe today, but early in the 20th century a
10-year-old girl could walk into a drug store and buy a bottle of whiskey
or a packet of heroin. She didn't need a doctor's prescription or even a
note from her parents. Any druggist would sell to her without batting an
eye; he would assume she was on an errand for her parents.
While that may seem amazing now, it wasn't to anyone then. Heroin was
sold in packages as a pain reliever or sedative �
just as aspirin or other analgesics are sold today. The measured dose didn't
make anyone high, and rarely did anyone become addicted �
certainly no more often than with sleeping pills today.
Given such easy access to liquor and drugs, we might assume that
America's adults and children were all high on booze and drugs. But that
wasn't the case.
There were alcoholics and drug addicts then, just as there are today.
But there were far fewer of them �
because there were no criminal dealers trying to hook people on drugs or
turn them into alcoholics.
There always will be people who are susceptible to addiction, and who
take a big risk by consuming any alcohol, drugs, or tobacco. But when
there's no money to be made pushing those items on school grounds and
street corners, fewer of the susceptible get hooked.
America wasn't a Utopia. But it was quite different from today. For one
thing, the violent crime rate was only 15% of what it is today. Gangs didn't
rule the cities or neighborhoods, because there was no black market in
drugs or alcohol to make gangs profitable. After all, anyone could buy
what he wanted cheaply at the corner drug store. And because of the low
prices, drug addicts and alcoholics didn't have to steal the money to buy
what they craved.
Just as today, alcohol and drugs were food for tragedy �
bringing hardship and ruin to those addicted, and often to their families
as well. But before government regulation, the circle of tragedy reached
no further than the addict and his immediate family.
Enter Prohibition
Then, as now, some people believed that the only way to save addicts
was to prohibit everyone from using liquor or recreational drugs.
This is a familiar approach. Because some people can't save for their
old age, everyone must be forced into a shaky Social Security system.
Because some people might take up smoking if Michael Jordan were to show
up in a TV ad with a cigarette in his hand, no one can be allowed to see a
tobacco ad on television. Because some people might react sinfully to the
sight of a naked woman, no one should be allowed to look at such pictures.
This approach is alien to a nation of free, responsible citizens. But
it is the normal recourse of the reformer and the politician.
The reformers' crusade to save America from drugs and alcohol succeeded
only slightly with drugs. The Harrison Act, passed in 1914, was meant to
take drugs off the free market, but it was enforced only loosely. In fact,
drug prohibition was barely enforced at all by the federal government
until the 1960s.
Alcohol Prohibition
But alcohol was a different story. In 1919 the 18th Amendment to the
Constitution was ratified, prohibiting:
.�.�.�the manufacture, sale, or transportation of
intoxicating liquors within, the importation thereof into, or the
exportation thereof from the United States and all territory subject
to the jurisdiction thereof for beverage purposes.
The advocates of alcohol prohibition thought they were making America a
better place � an
alcohol-free zone, a land without alcoholics or drunken brawlers, a land
with stronger families, a more stable society.
But they were wrong. The "Noble Experiment," as it came to be
called, began in 1920 � and
by the time it had ended, only the bootleggers were better off.
The Nightmare of Prohibition
Prohibition did little to reduce the demand for alcohol. It simply
replaced law-abiding brewers, distillers, vintners, and liquor stores with
moonshiners, smugglers, and bootleggers who were willing to flout the law
and risk prison. The alcohol industry became the province of gangsters
operating a black market.
Prohibition spawned many evils:
-
People bought from
bootleggers, with no knowledge of where the products came from,
and no company staking its reputation on the quality and safety of
the products. As a result, many people died from drinking bad
liquor.
-
Having committed
themselves to a life of crime, bootleggers were prepared to break
more laws to control liquor territories. Gang warfare, drive-by
shootings, and the killing of innocent bystanders became
commonplace.
-
People still wanted to
patronize bars and restaurants that served alcohol, and such
places continued to operate. But they could do so only by paying
off the police.
-
Corruption of law
enforcement went far beyond the payoffs from speakeasies. Selling
black-market liquor through monopolies enforced by Tommy guns was
much more lucrative than the legal, competitive sale of liquor had
been. And a good deal of the money passing through the hands of
gangsters was used to buy "protection" from prosecutors
and judges.
-
Because the demand for
alcohol couldn't be stopped, the uncorrupted police who tried to
enforce Prohibition turned to law-breaking themselves. They
resorted to ever-more-draconian attacks on the individual
liberties the Constitution was supposed to protect.
- Because alcohol Prohibition eventually was seen as a farce,
respect for the law in general went downhill. Prohibition
encouraged the idea that all laws could be ignored.
Peace at Last
Prohibition finally ended in 1933. The Noble Experiment had lasted 13
years. Many people died, and a few became very wealthy. But Prohibition
hadn't made America an alcohol-free zone. It hadn't even come close to
doing so.
The return of legal liquor didn't turn America into a nation of
alcoholics. Alcohol consumption increased as liquor became more easily
accessible, but the dire forecasts of social instability from Prohibition
die-hards proved incorrect.
Even though Prohibition ended in the middle of the Great Depression of
the 1930s, the crime rate began falling immediately. And it continued
downward for 30 years.
Almost no one wants to go back to alcohol Prohibition �
with the black markets in liquor run by criminal gangs, drive-by shootings
that killed innocent children, innocent people dying from drinking
contaminated liquor, over-worked law enforcement agencies, and widespread
corruption.
But a new Prohibition came in through the back door thirty years later.
Rebellion
In the 1960s, marijuana became a token of rebellion for many young
people who, in a less tumultuous generation, might have been content
swallowing goldfish.
Although there has never been a reported death from marijuana, the idea
of youngsters smoking an illegal substance alarmed many people. Pressure
grew for the drug laws to be enforced. And most politicians will happily
give in to any pressure to make the government larger and more powerful.
And so the War on Drugs was born.
In the more than 30 years since then, tens of billions of dollars have
been spent fighting drugs. And the campaign has been no more successful
than alcohol Prohibition was.
TWO TYPES OF CRIMES
It's not difficult for a free society to keep violent crime to a
minimum � with little
intrusion on individual liberty and at relatively low cost.
But governments also prosecute "victimless" crimes. These are
acts that (1) are illegal, (2) involve no intrusion on anyone's person or
property, and (3) about which no injured party files a complaint with the
police.
These acts include such things as prostitution, gambling, and drug use.
They are activities in which all parties participate voluntarily. No
violence or threat of violence is used. No one has been robbed, or been
attacked, or lost a loved one to violence.
Still, victimless crimes can hurt people other than the participants.
But that injury doesn't come from force or the threat of it. It may be
difficult for a spouse to leave an alcoholic or a gambler, but it is the
spouse's own free will that determines whether to stay or go. All parties
are there voluntarily, however dismal the situation.
If you accept that the unhappiness suffered by non-participants is a
reason to make alcohol, gambling, or drugs illegal, you remove all limits
on what can be labeled a crime. Should it be a crime to make your parents
unhappy by marrying the wrong person? Or to make bad investments and lose
the family savings? Or should it be a crime against your family to run up
debts, move to the wrong neighborhood, invite your relatives to dinner too
often?
Where does crime stop and simple bad behavior begin? Perhaps you have a
clear idea in your mind, but the politicians won't consult you when they
decide that prohibiting something is in their interest. The only dividing
line that can't be fudged by politicians is the line that separates
voluntary relationships from violence.
Either individuals are responsible for their own acts �
including their choices of relationships �
or the government is responsible for everything you do. There is no middle
ground. Giving government the power to outlaw consensual activity allows
the politicians to impose any laws they want on you. And they will use
that power.
OUTLAWING PRIVATE BEHAVIOR
While it has been relatively easy for a free society to keep violent,
intrusive crime to a minimum, it has been virtually impossible to control
victimless crime. Prostitution is found in most societies, there has
always been gambling, and government has never been able to stamp out
alcohol, drugs, or nicotine.
Individuals simply will not allow the state to choose their tastes and
values. For centuries governments have tried to control private behavior,
but with little success.
Government fails to alter conduct because there is so little public
cooperation in prosecuting most victimless crimes. No one registers an
accusation, identifies the culprit, or testifies in court that he's been
injured. And while a woman might call the police to report being assaulted
by her spouse, she isn't likely to report her spouse's drug use.
People outside the family are no more likely to help out by informing.
You might tell the police that someone is breaking into your neighbor's
house, but you aren't likely to report your neighbor's drug use.
The difficulty of enforcing victimless-crime laws leads to three bad
consequences.
The Rise in Violent Crime
The first consequence is the diversion of more and more law-enforcement
resources into the fight against victimless crimes.
As the vice squad grows, fewer police resources are available to deal
with violent crime. And so it becomes easier to steal, mug, murder,
assault, rape, or burgle and get away with it. More people find a way to
make crime pay.
Prosecutors swamped with drug cases have to process violent crimes more
quickly. Plea bargains abound for thieves and attackers. Instead of facing
a trial for murder, with a life sentence at stake, a violent criminal
pleads guilty to manslaughter and serves only a five-year sentence.
And the prisons fill up with "criminals" who threaten no one �
such as pot smokers taking up cells for 25 years or more. Meanwhile, a
violent criminal who may have terrorized many people �
and perhaps even killed someone �
gets out in seven years or so, because of a shortage of cells.
In 1978 Lawrence Singleton kidnapped a 15-year-old California girl,
raped her, chopped off both her hands with an axe, and left her to die.
But she happened to survive to testify against him. He was sentenced to 14
years, and then released after only eight years. Eleven years later, he
killed a woman in Florida. Meanwhile, some casual drug users are serving
life sentences.
Rodney Kelley robbed and killed two people in New Orleans in 1991. He
was allowed to plead guilty to manslaughter and receive an 8-year sentence
� making him eligible for
parole in only four years.
Should we be surprised at the terrible rate of violent crime, when so
much of the criminal justice system has been diverted to the prosecution
of victimless crimes � most
notably the War on Drugs?
Black Markets
The second consequence of outlawing private behavior is that the
prohibited activity spawns a black market run by criminals. Drugs are sold
only by people willing to risk being caught and sent to prison. The
business becomes the province of gangsters.
Instead of competing with their rivals by offering superior products,
better service, or lower prices, drug dealers compete by gang warfare. And
the more the government cracks down on drug operations, the more drug
activity is dominated by the most brutal elements of society.
Consequently, violent crime rises as the government steps up its insane
War on Drugs.
Didn't America learn this lesson from alcohol Prohibition?

Police State Tactics
The first two consequences of outlawing bad behavior are bad enough,
but the third is worse yet. It is the destruction of our Constitutional
liberty. The politicians justify this as the price of winning the War on
Drugs.
Because there are no victims to help the prosecution, the Drug Warriors
resort to police-state tactics:
-
The police and prosecutors rely on
informers � who
almost always turn out to be criminals bargaining for a lower
sentence.
-
Sting operations become commonplace.
Policemen actually buy and sell drugs and then arrest those they
deal with. The government trains the police to be effective liars.
-
The government can no longer tolerate
your privacy. Government agents routinely rummage through your
bank records, without your knowledge, looking for suspicious
transactions. Politicians continually lower the standards for
warrants to search your mail or tap your phone, and judges
rubber-stamp the warrants. Judges allow SWAT teams to invade your
home to search for drugs �
based only on an anonymous tip, perhaps a tip from someone who
just happens to dislike you. Your home is no longer your castle.
- Policemen can stop your car because of a bad tail light, and
then search for drugs because they find your statements to be
"suspicious."
These intrusions don't happen only to junkies and drug dealers. They
happen to people just like you and me. For every successful drug search,
many innocent people must be inconvenienced, embarrassed, or injured.
The drug-enforcement tactics erode your liberty. But the Drug Warriors �
inside and outside of government �
believe your Constitutional rights are a small price to pay for the
victory they promise is coming.
However, they don't usually tell you what the price is. They bury
provisions to violate your Constitutional rights deep inside anti-crime
bills while focusing public attention on their high-minded objectives.
And with each new addition to the drug-enforcement laws you become less
and less a free citizen whose life is your own:
-
You can be convicted of drug dealing
without any physical evidence such as drugs or money in your
possession. All that's necessary is the testimony of an accused
drug dealer who will get a reduced sentence for fingering you. So
you'd better hope that no one you know ever gets entrapped by drug
agents and decides to buy his freedom by giving away yours.
-
The police easily can obtain a warrant
to enter your home, search it for drugs or suspicious amounts of
cash, and turn it upside down. All they need is an anonymous tip �
for example, from a neighbor who's upset about your barking dog.
-
The police can seize your property on
the claim that it might have been used in a crime �
even if you haven't been convicted of a crime, even if you haven't
been indicted for a crime, and even if you haven't been accused of
a crime. To get your property back, you must sue the government �
at your own expense. Law enforcement agencies use the proceeds
from the sale of your property to supplement their budgets.
- If a drug agent at an airport happens to believe you're too well
dressed (or too poorly dressed or too middling-dressed) he can
take you into custody, order you to take off all your clothes, and
force you to have a bowel movement in front of drug-enforcement
agents � just in case
you've hidden a package of drugs in your stomach.
HOW THE INNOCENT ARE HURT
You may think it's unfortunate that such things happen to other people,
but that your lifestyle and law-abiding history protect you from such
trouble. Understand, however, that these things happen to people just like
you � people who have never
taken drugs, never dealt drugs, and never been in trouble with the law.
Lonnie Lundy
One such person was Lonnie
Lundy, a businessman. At 32, he had never smoked, drunk alcohol, or
used drugs. In 1993 an employee of his was prosecuted for drug-dealing,
and the employee succeeded in getting his sentence reduced by naming
Lonnie as his drug source.
No drugs, no money, no physical evidence of any kind were produced. His
accuser later recanted his testimony, saying "My life may be a
mess but I'm not going to live the rest of my life with this on my
conscience." And yet Lonnie Lundy languishes in prison, sentenced
to life in prison with no chance of parole. His only hope for
freedom is a Libertarian President who will pardon all non-violent drug
offenders in federal prisons.
Compare Lonnie Lundy's sentence with that of Jose Tapia, who in 1996
intentionally burned down a house in Rhode Island, killing two adults and
four children. Tapia will be eligible for parole in 21 years. But Lonnie
Lundy, who wasn't even accused of using violence, will never be free again
unless he receives a presidential pardon.
Mario Paz
In the middle of the night on August 9, 1999, 20 police officers
wearing masks surrounded the home of Mario Paz in Compton, California,
fired grenades through the windows, shot the locks off the front and back
doors, charged into his bedroom, and shot him to death. The victim had
never used or dealt drugs, never been accused of a crime, and never been
in any trouble with the law.
The police raided the home as part of a drug investigation of a former
next-door neighbor who had used Mr. Paz' address to receive mail.
Even after the mistake became apparent, the police confiscated all the
cash they found in the house, and took seven members of the family to jail
in handcuffs. The police didn't read them their rights because they weren't
accused of any crime.
Unfortunately, even a Libertarian President can't raise Mr. Paz from
the dead.
Debbie Vineyard
In 1994 Debbie
Vineyard was accused of dealing drugs, even though no drugs or money
were ever produced as evidence. She was convicted solely on the say-so of
an admitted drug dealer � a
man who was given a reduced sentence in exchange for naming other people.
The drug agents pressured her to name other conspirators in exchange
for leniency. But, of course, she couldn't name anyone because she wasn't
involved in any criminal activity.
She was told (as many people in her situation are) that if she pleaded
innocent and asked for a jury trial, she would get 30 years to life if she
lost � as a penalty for tying
up the judicial system. Afraid of being separated from her family for so
long, she gave in and pleaded guilty. Even though she was a first-time
"offender," she was sentenced to ten years in prison.
Debbie was sent to a prison in Alabama �
separated by 2,000 miles from her husband, son, and disabled father in
California.
There were no drugs, no money, no evidence of any kind �
just the misfortune of being acquainted slightly with someone who was
secretly dealing drugs.
She describes the experience:
I was never given the opportunity for a bond, and I was held for
eight months before pleading guilty. Before this happened to me, my
family and I would never have believed something like this could
actually happen. There was absolutely no evidence against me, and a
crime had not even been committed.
Even though I was pregnant, I was handcuffed, shackled, and flown
via airlift with the Federal Marshals. I was housed in four different
county jails before finally reaching my destination, an Alabama jail.
In court, I was provided a court-appointed attorney (I was his first
client). Due to my pregnancy, my court date was postponed and the
Marshals drove me, handcuffed, belly-belted, and shackled, for ten
hours to a Kentucky Prison to give birth to my child.
Suzan Penkwitz
In 1997 Suzan
Penkwitz helped her friend Jenny retrieve Jenny's car from Tijuana,
Mexico. They were stopped at the border, and drug agents found 43 pounds
of heroin hidden in a secret compartment welded inside the gas tank.
Jenny immediately confessed to being a drug smuggler, and told the
authorities that Suzan knew nothing about the drugs. But after several
hours of intimidation, Jenny changed her story and implicated Suzan �
in order to obtain leniency for herself.
For her cooperation, Jenny �
the actual drug smuggler �
got off with a 6-month sentence at a minimum security prison. Suzan �
who was completely innocent �
was sentenced to 6� years in federal prison. Suzan couldn't cooperate,
because she had nothing to admit to �
and no one to finger.
Suzan had no criminal record of any kind. And both the judge and the
prosecuting attorney acknowledged that Suzan didn't know there was heroin
in the car. But still she was convicted and sentenced as a conspirator �
receiving a sentence ten times as long as that for the real drug smuggler.
Richard Allen Davis
Richard Allen Davis is a different sort of prisoner. He is a violent
man who has been in and out of prison all his life. Davis has raped women,
terrorized families, and robbed banks.
He has spent nearly half his life in prison �
but, no matter how badly he hurts people, he has never served a complete
sentence. He has always managed to get parole or early release because the
prisons are so crowded. On the other hand, Lonnie Lundy (described
above) has never been accused of hurting anyone, but he now serves a
life sentence with no chance of parole.
The life of Richard Allen Davis has been one continuous horror story.
On June 27, 1993, he was paroled from prison after serving only eight
years of a 16-year sentence for assault with a deadly weapon. His
frightening life reached its climax just three months after his release
from prison, when he kidnapped 12-year-old Polly Klaas from her bedroom
and murdered her.
But don't worry: law enforcement agencies are aggressively locking up
pot smokers, minor drug dealers, and innocent people fingered by drug
smugglers � and throwing away
the key.
Some Are More Equal Than Others
In 1995 Republican Congressmen nearly broke their arms patting
themselves on the back for passing a rule that all laws and regulations
applying to ordinary American citizens apply as well to members of
Congress. At last we're all equal under the law.
Except that some of us are more equal than others.
Lonnie Lundy (described above) was given a
life sentence for supposedly dealing drugs, even though no money or drugs
were ever produced as evidence. He was convicted solely on the say-so of
an admitted drug dealer, who later recanted his testimony. Lonnie's father
wrote to Senator Richard Shelby (R-Alabama) to ask his help in getting
Lonnie's sentence reduced.
On February 25, 1998, Senator Shelby replied:
Drug abuse and drug-related crimes are among the greatest ills that
plague our nation. We must take a strong stand against drugs, and I
support strict punishment for individuals involved in the possession
or distribution of illegal drugs. While I understand your concerns
about mandatory penalties for nonviolent offenders, I believe that our
nation's drug problem is serious enough to warrant harsh sentences.
Five months later Senator
Shelby's 32-year-old son was arrested at the Atlanta airport with 13.8
grams of hashish in his possession. He pleaded guilty to a misdemeanor
possession charge, paid two fines totaling $860, performed 40 hours of
community service, and was on probation for one year. He didn't spend a
single hour in jail or prison.
Representative Randy Cunningham (R-California) has been an avid Drug
Warrior. He wants mandatory prison terms, tougher judges, and the death
penalty for big-time drug dealers. He has repeatedly criticized the
Clinton administration for being soft on drug dealers and users.
In January 1997 his son was caught with 400 pounds of marijuana. In
November 1998 the Drug Warrior father pleaded with a judge to show
leniency � saying his son is
basically a good person who made a bad decision. "He has a good
heart. He works hard," said the father (as though that couldn't be
said as well about thousands of young people serving sentences of 5, 10,
20 or more years for smaller drug offenses).
The son received a sentence of only 2� years �
half the mandatory sentence. He also was given the opportunity to reduce
the sentence to 18 months by completing a drug rehabilitation program
while in prison. (Prosecutors originally had agreed to a sentence of only
14 to 18 months in a half-way house. But while out on bail before the
trial, the Congressman's son tested positive for cocaine three times.)
Another aggressive Drug Warrior is Senator Rod Grams (R-Minnesota).
While he has been calling for harsh sentences for drug offenders, his son
Morgan has been involved with drugs for years �
a problem the senator has acknowledged publicly. The senator claims that
harsh sentences for drug dealers would save people like his son from drug
abuse.
In July 1999, Senator Grams asked the local sheriff to look for the
senator's son, who was on probation for drunk driving and had disappeared
while driving an overdue rental car. Sheriff's deputies found him driving
the rental car with two companions but no driver's license. They also
found ten bags of marijuana in the car. A deputy drove the son home.
Despite the son's probation for drunk driving and the marijuana in the
car, no charges were ever filed, and the son has spent no time in custody.
The Honorable Hypocrites
As though the hypocrisy involved in family drug dealing wasn't
sufficient, Congressmen themselves have been caught with drugs and managed
to slither out of the justice system. According to Capitol Hill Blue
(a Washington publication), 14 members of the current Congress have been
arrested on drug-related charges. Would you like to guess how many of them
have gone to prison?
And, of course, it seems as though virtually every contender in the
2000 presidential primaries acknowledged that he had used drugs in his
younger days.
But not one of them claimed that he should have been sent to prison for
his "youthful indiscretions."
Politicians "experimented" with marijuana when they were
younger. But today's youths aren't allowed to experiment; they're charged
with felonies and sent to prison for smoking marijuana with their friends.
The Innocent & the Guilty
The Drug Warriors will tell you that sentences like those imposed on
Lonnie Lundy, Debbie Vineyard, and Suzan Penkwitz strike fear in the
hearts of America's drug kingpins.
In fact, however, cases in which a big-time drug dealer receives a long
prison sentence are very rare. But one-time offenders and innocent
bystanders get sentences ranging from a few years to life without chance
of parole.
This is not just a technical problem that needs to be corrected. These
injustices are inevitable in any plan to prosecute victimless crimes.
Without victims to testify, the state must offer bribes to truly guilty
people to provide testimony against truly innocent people �
padding the arrest and conviction records of drug agents and prosecutors.
The drug kingpins have plenty of names to give the prosecutors, and so
they obtain reduced sentences by fingering others. But the low-level drug
runner has only one or two contacts to offer, and the innocent bystander
knows no one he can turn in �
so these people wind up with the worst sentences.
The drug warriors may want you to believe that only drug kingpins go to
prison. But in 1998 alone, according to the Justice Department, 682,885
Americans were arrested on marijuana charges �
88% of whom merely for possessing marijuana. A
recent study by the Center on Juvenile and Criminal Justice estimated
that the total prison population of the U.S. reached 2 million sometime
around February 15, 2000. More than half of those are non-violent
offenders according to the report.
The stories recounted here aren't rare exceptions. Such tragedies occur
frequently to people just like you and me. Some may have been involved in
a single drug incident, and some are completely innocent.
If your child should make one silly mistake and be caught, or just
happen to be acquainted with the wrong person, it could mean a prison term
of 5, 10, 25 years � or even
a life sentence. Would your child deserve that?
Police-State Tactics
We aren't making America safer by violating the Bill of Rights.
Such violations are far more likely to hurt you than to hurt drug
dealers. Serious criminals know every aspect of the law that might affect
them, and they do whatever is necessary to avoid problems. They wouldn't
think of leaving money in a bank account where it could be seized by a
federal agent or police officer.
But because you're ignorant of these and millions of other laws, you're
a sitting duck for any law-enforcement officer or prosecutor hoping to pad
his arrest, seizure, or conviction statistics. So one day you find that
your property has been taken from you �
or, worse yet, that you're accused of a crime by someone who is desperate,
or who just doesn't happen to like you.
It is the innocent � not
the guilty � who are hurt
most when the Bill of Rights is ignored.
THE FUTILITY
And what's the point of all this? No matter how aggressively and
oppressively the Drug Warriors fight their war, the drug trade continues
unabated.
Despite the invasions of your civil liberties; despite over $25 billion
a year spent to chase drug smugglers, dealers, and users; despite cruel
and unusual punishment for small offenses; despite all the "just say
no" propaganda, despite all the news stories proclaiming drug
seizures and other supposed victories, the Drug War continues to be a
massive failure.
It was supposed to keep drugs away from your children, but the
results have been quite different:
-
In 1972 only 14% of teenagers had ever
tried marijuana. By 1997 the number was up to 50%. The number
regularly smoking marijuana more than tripled, from 7% to 24%.
-
In 1972 only 2% of teenagers had ever
tried cocaine. By 1997 the number was up to 9%. Regular users
increased from 1% to 6%.
-
In 1972 only 1% of teenagers had ever
tried heroin. By 1997 the number was up to 2%.
- The percentage of teenagers who had tried hallucinogens,
stimulants, or inhalants all more than doubled between 1972 and
1997.
But this doesn't deter the politicians. They don't reevaluate their
misguided, destructive Drug War. They don't repeal a single law that
failed to achieve its purpose. They don't cancel the oppressive sentences
that have achieved nothing but prison overcrowding. They don't give back
the civil liberties they took from you.
No, they press ever onward with ever more intrusions on your
Constitutional rights.
They push for even longer drug sentences. Some even want to publicly
hang drug dealers � by whom
they mean anyone caught with more than a week's supply of marijuana.
Would that be any more effective than the stringent sentences drug
dealers are already willing to risk? And if it did work, think of
the terrible precedent it would set. Politicians would cite the success of
hanging drug dealers as the model for dealing with any public problem.
TIME TO END PROHIBITION #2
America woke up in 1933 and ended the "Noble Experiment" �
the nightmare of alcohol Prohibition �
that had triggered the worst crime wave in the nation's history.
It is long past time to end the even larger crime wave sponsored by
drug Prohibition. It is time to end the insane War on Drugs. It is time to
return peace to American cities.
Libertarians understand that ending the Drug War would eliminate the
criminal black market �
ending the incentives to hook adults and children.
Ending the Drug War will end most of the violence, the gang warfare,
and the drive-by shootings.
It will make it possible to restore your civil liberties.
Ending the Drug War will end the deaths of addicts taking contaminated
drugs or overdosing on drugs of unknown strength.
Legal competition will quickly reduce prices to a fraction of today's
prices � ending the muggings
and burglaries by addicts, who will no longer need to steal to support
their habits.
Ending the Drug War will allow law-enforcement resources to be
redirected toward protecting you from violence against your person or
property � the reason you
tolerate government in the first place.
It will end the overcrowding of courts and prisons �
freeing the criminal justice system to deal with the people who are
hurting and terrorizing others.
Ending the Drug War will end most police corruption by taking the big
profits out of the drug business.
It probably will end the epidemic of crack babies. Crack (highly
concentrated cocaine) became a profitable commodity for drug dealers only
when the government succeeded temporarily in reducing the supply of simple
cocaine, which is somewhat less dangerous. In fact, cocaine itself became
a profitable commodity only when the government succeeded temporarily in
reducing the supply of marijuana, which is much less likely to harm
anyone.
Ending the Drug War will make our schools safer. Brewers and distillers
don't recruit children to sell beer or hook other kids on liquor. Nor do
they give them guns to take to school. Nor would legal drug companies.
When I grew up in Los Angeles in the 1940s, the worst schools were safer
than L.A.'s best schools are today.
Ending the Drug War will make marijuana readily available to people
afflicted with cancer, glaucoma, AIDS, and other diseases �
to help them digest their medicines, relieve their pain, and restore their
appetites.
It will allow addicts to seek help from doctors �
who today must report addicts to the police or risk going to jail
themselves.
It finally will be legally possible to do truly scientific studies to
better measure the effects and biological mechanisms of drug use �
without making scientists conform to political correctness.
And it will be possible for children to get more realistic information
about drugs � for example,
that marijuana is far less harmful than harder drugs. Today the obvious
exaggerations about marijuana lead teenagers to discount the official
warnings about more dangerous hard drugs.
After Prohibition
Don't misunderstand me. We shouldn't expect a sweet world of low drug
use to return immediately upon the end of the War on Drugs. The Drug War
has gone on for over 30 years, and the bad habits it taught won't be
unlearned overnight.
But just as America didn't become a nation of alcoholics in 1933, it
won't become a nation of junkies in the coming years. Within a year we
should see drug use drop significantly, because there no longer would be
drug dealers on the streets and in the schools. And the crime rate should
drop just as dramatically.
Will some people ruin their lives with drugs? Of course �
just as some people ruin their lives now with drugs, alcohol, tobacco, or
pizza � or by making bad
investments, running up debts, or marrying the wrong person. But when the
government tries to stop someone from ruining his own life with drugs or
anything else, it expands a personal tragedy into a national disaster.
No, we won't have a crime-free, drug-free America. But we don't have
that now and we never will. What we will have when the insane War
on Drugs is ended is less drug use, a more peaceful America, and a less
oppressive government.
Should We Be Afraid?
Understandably, many Americans fear that ending the Drug War would
result in tens of thousands of addicts, crack babies, and children trying
drugs. But that's what we have now.
Are we afraid there will be ads for heroin on television? We shouldn't
be. Why would any pharmaceutical company tarnish its reputation by running
such ads, and why would any broadcast network offend its audience by
accepting them?
Are we afraid our children would have easier access to drugs? How could
they have more access than they do now? Drugs are being sold in our
schools. And most street dealers are themselves teenagers. But the money
to finance the corruption of the young would disappear if we ended the
Drug War.
What about people who use drugs and commit crimes or cause accidents?
They should be held responsible for what they do, just as people who don't
take drugs should be responsible for what they do. It isn't the
drug that's the problem, it's the person who injures others �
with or without drugs. Everyone should be held responsible for what he
does to others, but what he does to himself is not the government's
business.
Legal Status of Drugs
The most important step we must take is to end the federal government's
involvement with drugs.
The Constitution recognizes only three federal crimes �
treason, piracy, and counterfeiting. The federal government has no
Constitutional authority to deal with any other crimes. Every crime occurs
in the jurisdiction of a police or sheriff's department somewhere, and
that's where it should be legislated, investigated, and prosecuted.
Once the federal government is out of the picture, each state will
choose its own approach to the question of drugs. Most likely, every state
will have far more liberal drug laws than exist today, since the trend is
already in that direction.
Some states may legalize all drugs, while others continue partial
Prohibition, and some may legalize only medical marijuana.
What I Want
My own hope is for complete legalization everywhere.
Whatever part of the market remains illegal will be a breeding ground
for black markets, gangs, and violence. Criminals, unable to compete with
legal companies selling safer drugs at much lower prices, will focus their
attention on any area that remains illegal.
We can say anything we want about the "message" legalization
sends to children, or that government should protect them from some drugs,
or that some other high-minded objective should be pursued. But the fact
remains that government doesn't deliver what we want, and Prohibition
breeds crime and higher drug use.
I want an end to just-pretend wars against sin.
I want a return to the safe, peaceful society in which violent crime is
much rarer, but prosecuted vigorously, while you and other innocent people are free to
live your lives in peace.
I want to empty the prisoners of the nearly one million inmates whose
only crimes were to buy or sell drugs � so there's finally room in those
prisons to keep away from you the truly violent people.
I want people with drug problems to be able to seek help without fear
of being arrested.
I want your children to be able to play in safe streets and attend safe
schools.
I want to end the insane War on Drugs.
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