Sunday, July 3, 2011

Drug Legalization: A Possible Way Forward

If we are going to take a step in a new direction, we have to do it thoughtfully and carefully. The legalization of drugs is no small matter, and an evenhanded approach must try to anticipate unintended consequences, no easy task to be sure. To this end, here are some practical guidelines:

1. Start small, with the legalization of marijuana. Even amongst a fair amount of conservatives, there is recognition that marijuna is, at the very least, a moderately harmful substance. It is not associated with aggression, violence, suicide, or behaviors that lead to legal trouble, save for possession or use in itself. Certainly, in comparison to alcohol, it has a better track record. More importantly, marijuana is the lifeblood of Mexican drug cartels, financing their violence and importation of more nefarious substances. According to officials Kevin L. Perkins, Assistant Director, Criminal Investigative Division, FBI, and Anthony P. Placido, Assistant Administrator for Intelligence, DEA:

"Marijuana is the top revenue generator for Mexican DTOs(cartels)—a cash crop that finances corruption and the carnage of violence year after year. The profits derived from marijuana trafficking—an industry with minimal overhead costs, controlled entirely by the traffickers—are used not only to finance other drug enterprises by Mexico’s poly-drug cartels, but also to pay recurring “business” expenses, purchase weapons, and bribe corrupt officials." 1

So, counterintuitive as it may seem, it is obvious that a policy perspective that seeks to reduce the use of cocaine and heroine should legalize marijuana as a means of severing the finacancial base of the drug trade pyramid.

2. Allow states to be laboratories of experimentation. The best way to find out what works is to let states set their won policies with regard to how the legalize marijuana. The last thing we need is a one-size-fits-all policy set by the federal government. States can set legal amounts and age of usage, as well as policies dealing with misuse. This will provide some flexibility for adjusting of the law as time progresses, something almost impossible at the federal level. Furthermore, data collected from the states can be analyzed to see how effective particular policies are, which will help create a diverse set of approaches, from which will emerge some common principles regarding management.

3. Consider the "Alaskan" approach. Until the mid 1980s, Alaska had a very sane policy regarding the use of marijuana because it allowed its citizens to use marijuana as long as they did not buy or sell it. This meant most people grew their own marijuana, and shared it as they saw fit. While their are implications even with this approach, it seems rational place to begin, as marijuana dealers would soon find themselves out of willing buyers. Of course, there would be a "black market" that might sell to youth, but let's be real--this is already going on. The difference would be a lot less of this behavior.

4. Keep taxes to a minimum. In our cash-strapped, deficit-driven economy, it is tempting for legislators to slap an excessive tax on the selling of marijuna. But if this tax drives the price to high, it's coceivable that a true black market with more competive prices will emerge, as has happened with cigarets. Keep the taxes low to discourage this type of enterprise. The money raided from these taxes could then be used for treatment of people addicted to harder substances.

5. Monitor vigilantly. States should monitor their approaches and modify accordingly. If laws do not lead to a reduction in violence and imprisonment, they should be jettisoned or fundamentally restructured.

6. Secure the border. The absolute best way to ensure a decrease in drug usage is to decrease its supply, especially when the sup[ply is controlled by Mexican drug cartels . More importantly, we cannot sit by idly as a country and let lawlessness reign on our borders. This is not just about national security, but about sheltering our citizens and preserving our civilization from an unprecedented level of violence. According to Perkins and Placido: "... we anticipate that the gruesome violence in Mexico may get worse before it gets better. We must recognize that we are witnessing acts of true desperation: the actions of wounded, vulnerable, and dangerous criminal organizations." 2

6.Be prepared for things to get worse. I don't advocate marijuana legalization lightly. There is some growing evidence that Europe has had some mixed results, some of which are quite negative. A recent report by the U.S. Drug Enforcement Agency indicates that such liberalized drug policies in Europe have lead to not only more usage of marijuana, but also an increase in crime, violence, and usage of more dangerous substances. 3


Still, we cannot continue to abide with locking up our youth and permitting drug cartels to reign. We have to do something different, and we need to do it in an intelligent and comprehensive manner. There surely is no panacea. What we don;t know is if this is a Pandora's box. Dare we lift the lid?


Gary


1. http://fdlaction.firedoglake.com/2010/05/05/fbi-marijuana-is-the-top-revenue-generator-for-mexican-cartels/

2.http://www.fbi.gov/news/testimony/drug-trafficking-violence-in-mexico-implications-for-the-united-states

3. http://www.justice.gov/dea/demand/speakout/09so.htm