opinion by Bob Anderton

Is it Time to Stop the War on Drugs?

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 345percent over the past 15 years, according to the King County BarAssociation. Increasing arrests has not reduced drug abuse. Interestingly, rates of drug use actually declined beforeintensification of enforcement and incarceration, then increased afterthe imposition of harsher criminal sanctions in the 1980s.

Legal and Medical Professionals Recognize the Drug War Failure

The King County Bar Association (KCBA) recently released a reportafter months of study recommending that the focus be changed fromcriminal sanctions to prevention and treatment. The KCBA's report was endorsed by the Washington State BarAssociation, the Washington State Medical Association and othermainstream professional organizations. (The complete 125-page KCBAreport, on which this article is largely based, is accessible atwww.kcba.org/drug_law/report.pdf.)Drug Offenders Serve More Time than Violent Criminals Besides not stopping drug abuse, the War on Drugs incarcerates thewrong people. Ninety percent of federal drug convictions are fornon-violent offenses.

Drug offenses are frequently punished more severely than violent offenses.

For instance, in Washington the average sentence forheroin or cocaine delivery in a school zone is over 5.5 years, whereasthe average sentence for first degree child molestation is less than3.5 years. One doesn't need to endorse this kind of activity to be concerned withhow it compares with crimes of violence.

Alcohol and Tobacco: Drug War Terrorists

Speaking of violence, the drug most associated with violence isalcohol. It is a factor in over 40 percent of murders and over 50percent of assaults. In Washington, alcohol-related assaultsoutnumber assaults related to other drugs by a 13 to 1 margin.Alcohol and tobacco are largely excluded from the "War on Drugs." Yeteach year in the US over 110,000 people die of alcohol related causes,and over 430,000 die from tobacco. Interestingly, no deaths have everbeen 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 crimelost their homes, cars, and other property through civil forfeiture. These laws reverse the basic concept of "innocent until provenguilty." Washington State recently amended our laws so that the prosecution,rather than the accused person, has the burden to prove property isrelated to drug activity. However, it is still possible for propertyto be taken without a criminal conviction. Many non-violent drug offenders are considered felons. People who areconvicted of felonies in Washington lose their rights to vote, to holdpublic 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 guaranteedstudent loans. No other criminal offense-- including murder orrape--has this effect.

The "War on Drugs" Wastes Money

Here in Washington State, where government is increasingly restrictedin how it can raise money, it seems logical to begin thinking abouthow we can save money.

According to the Washington State Department of Corrections (WSDOC),as of December 2001, over 20 percent of its prisoners wereincarcerated for drug related crimes. WSDOC's 1989-91 budget was $428million. By 2003-05, WSDOC projects its operating and capital coststo grow to over $1.4 billion. Twenty percent of 1.4 billion is $280million. Literally hundreds of millions of dollars are being wastedin Washington State alone. Imprisonment is only one aspect of criminal enforcement. Police,prosecution, public defenders and the courts also expend significantfunds related to the "War on Drugs." Approximately 40 percent of allKing County Court filings are controlled substances cases. Thesefilings slow down the legal process for other cases.

Treatment Works

Reallocating this money doesn't mean giving in to drug abuse. Treatment can work. A study by the RAND corporation funded in partby the Office of Drug Control Policy and the US Army found that everydollar spent on domestic law enforcement and incarceration reduced thecosts associated with crime and lost productivity by 52 cents. Thisis a net loss of 48 cents. By comparison, every dollar spent ontreatment resulted in $7.46 in reduced crime and lost productivity, anet gain of $6.46.

King County Prosecutor Norm Maleng has cited this study in concludingsimply, "drug treatment works." Now we need to admit thatcriminalization of drugs does not work.

Legalization Makes Sense

One of the goals of the War on Drugs is to reduce the supply of drugs. If the supply was decreasing, economic theory says that the price should beincreasing. Over the past decade, the price of cocaine has fallenabout 50 percent and the price of heroin around 70 percent. Even withthis price drop, the United Nations estimates international illicitdrug trade at around $400 billion per year.

If drugs are legalized, clearly they should be regulated and taxed. Since there would be significant savings from enforcement andincarceration, abuse prevention and treatment programs could be fundedand much of the tax revenue could be used for other needs.

Federal Laws Prevent Positive Change

Federal drug laws are so pervasive that states are largely unable todevelop their own drug control strategies.

Although the legal and medical establishment in Washington State isincreasingly willing to rebuild our failed regulatory drug controlstructure, federal laws must be amended before significant changes canoccur. As result, change will be slow.

Stop the Drug War

Drug abuse can clearly cause significant problems for individuals andsociety. However, the "War on Drugs" has been a failure. It is timeto stop the war and begin treating the wounded.

To suggest a topic needing random legal wisdom, contact attorney BobAnderton at 206-262-9290 or at bob@andertonlaw.com.

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