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Saturday, April 11, 2009

Marijuana and the Unjust War

Marijuana and the Unjust War
Americans will hear the expression “War on Drugs” thrown around in our schools, churches, from our parents and friends, on the television, in the newspaper, on the Internet, and throughout history. This slogan or buzzword originated by the US federal government is used to define an initiative that dates back three decades ago. This drug war agenda is our nation’s attempt to shrink the illegal drug use and abuse by Americans. President George H.W. Bush announced on television that drug abuse is, “our nation's most serious domestic problem” (Beckett 1997, p. 6). The federal government has squeezed billions and billions out of the taxpayer’s pocket to fund this endless war. The war on drugs wastes money, fails to reduce crime, overloads prisons, and yet drugs are even easier to attain and cheaper than ever before.

The war on drugs is a controversial campaign led by the United States government to prohibit drug use, reduce illegal drug trade, and promote anti-drug education. This drug trafficking prevention program began on June 17, 1971 when former President Nixon refers to drug abuse as, “public enemy number one in the United States” (PBS, n.d., ¶ 9). Although the drug war began with the Nixon presidency, it was not until the Reagan administration that it became a principle campaign. The government has spent more and more taxpayer’s money on the war on drugs since the beginning by developing numerous laws, acts, organizations, and policies to continue and increase the efforts of the war on drugs (National Public Radio, 2007).

The government establishes rigorous laws to protect citizens and to attempt to obtain a “drug-free” America; however, these regulations dramatically impact society, both drug abusers and law abiding citizens. Billions of our taxpaying dollars go to this never-ending battle, whether it is imprisoning marijuana drug-users (who make almost 50% of the drug-related charges), or spending billions on prevention. According to Wallace & Magnuson, (2007) “Under harsh drug-sentencing laws, the number of Americans behind bars on drug charges has soared by 1,100 percent since 1980” (¶ 82). America has spent over five-hundred billion dollars and 30 years on this drug war. Marijuana (also known as cannabis) and related offenses are the focus of this drug war (Wallace & Magnuson, 2007).

The laws that structure the war on drugs undermine our constitutional rights. This war violates our freedom of speech and our rights to unwarranted search and seizures (Drug Policy Alliance Network, n.d.). The drug war violates civil rights by incarcerating a majority of African-American, Latino, and poverty-level Caucasians. The war on drugs has increasingly started imprisoning women due to mandatory minimum sentencing drawn up by the zero-tolerance drug policy (Avakian, 2007). This policy has ripped parents away from their children and put their father or mother behind bars because of a marijuana possession charge. By enforcing these laws, it increases on violence both within our communities and throughout the nation. Additionally, with this raging war come the consequences of increased violence. Because of the illegality of such drugs, there is violence between drug lords, kingpins, gangs and any other competitors within the black market. The drug war affects us regularly by increasing our risk of catching a blood-borne disease. Having sterile syringes available to the public, would greatly benefit drug users. People are going to use drugs, even if they are illegal. By keeping sterile syringes away, it does not help prevent drug use. Drug abusers will use the needles, even if they are unsafe if the addiction is strong enough (Drug Policy Alliance Network, 2006). According to the Center for Disease Control (2005), “As of 2004, injection drug use accounted for about one-fifth of all HIV infections and most hepatitis C infections in the United States” (¶ 2). But by having syringes readily available to the public, it would help prevent serious diseases. (CDC, 2005).

Violence and crime reek havoc with this drug war. Police raids cause numerous wrongful deaths in both innocent victims and law enforcement. Dealers and users feel the need to carry protection, thus increasing the risk of a deadly encounter with law enforcement. There have been cases where DEA (Drug Enforcement Agency) raids have gone awry and lives have been lost due to a wrong street address or mistake in identity (Benson & Rasmussen, 2000). Additionally, Radley Balko, author of “Overkill: The Rise of Paramilitary Drug Raids in America,” reports (2006), “Homeowners who understandably mistake police for criminal intruders and put up resistance risk injury, death, or prosecution.” Another area that remains an issue with the drug war is police corruption. There have been numerous cases where law enforcement officials engaged in criminal activity or accepted bribery from drug traffickers (Peet, 2002). With the war on drugs, comes an increased risk of violence.

While the focus of the War on Drugs seems to be on marijuana drug users, much more harmful drugs are on the streets. Methamphetamine, known as “Crystal Meth” is a common illegal street drug. Crystal Meth has become prevalent because is easily made with common goods including cleaning products found within one’s home, all which can be obtained legally (National Institute of Drug Abuse NIDA, 2008). The US Department of Justice (USDOJ) declares, “Meth is so addictive, the distance between the short and long term effects may not be very long” (n.d., ¶ 19). This highly addictive stimulant drug causes severe mental and physical damage to user. Furthermore, USDOJ reports that, “Meth users also consume excess sugared, carbonated soft drinks, tend to neglect personal hygiene, grind their teeth and clench their jaws, leading to what is commonly called ‘meth mouth.’ Teeth can eventually fall out of users’ mouths—even as they do simple things like eating a sandwich” (n.d., ¶ 16). There is a significant risk of death associated with this toxic drug along with long-lasting, debilitating effects, some of which takes years to recover (NIDA, 2008). Methamphetamine not only affects the user, but the communities surrounding the dealer or the producer of this toxic drug. Meth is very flammable and USDOJ states that Crystal Meth, “also generate highly explosive gases” (2008, ¶ 21). USDOJ also reports, “Every pound of meth made can generate up to five pounds of toxic waste that may seep into the soil and groundwater “(2008, ¶ 20). Although, the anti-drug counsel targets marijuana in their ads, alcohol and cigarettes are the most prevalent substances in high school, young teenagers, and throughout the US. According to the former Surgeon General, C. Everett Koop (1988), “Nicotine is more addictive than either cocaine or heroin,” yet, it is easily available to anyone including underage teenagers (Long, 2007). The Anti-drug campaign that targets teenagers to help educate teens on the risks involved with drugs shown a decrease in drug use; however, did not show any change to heroine and showed an increase in alcohol use (Curley, 2003). Alcohol has a more deadly reputation than marijuana ever has or will. Centers for Disease Control (2003) states, “20,687 alcohol-induced deaths (excluding accidents and homicides)” (¶ 2). There are no reports or data collected that states of any deaths related to marijuana overdoses or usage unless combined with other drugs (Drug Rehab, n.d.).

Treatment solutions are less costly and have better success rates than incarceration alone. NIDA declares, "According to several conservative estimates, every $1 invested in addiction treatment programs yields a return of between $4 and $7 in reduced drug-related crime, criminal justice costs, and theft alone. When savings related to healthcare are included, total savings can exceed costs by a ratio of 12 to 1“(2003, ¶ 10).

Drugs cause danger that fringe across the borders of the US. Over the past few years, our government has struggled immensely with drug trafficking involved with Latin America. This vast territory is the most significant exporter of cannabis and cocaine across the globe. Violence and crime go side-by-side with drug trafficking; In Mexico, the hub that supplies narcotic-related illegal drugs into the US, had a total of five-thousand casualties accumulated in this past year. In order to reduce drug trafficking, the Anti-Drug Abuse Act of 1988 announced the HIDTA (High-Intensity Drug Trafficking Area) Program, which has the goal of concentrating drug control efforts in significant drug trafficking areas to protect the U.S. borders from the threat that drugs smuggled across impose. Concentrating efforts in these critical areas will seek to choke the flow, and thereby shield the country, from a flood of drugs. The HIDTA Program integrates the efforts of drug control agencies to share intelligence, conduct joint investigations, interdict drugs, and prosecute drug traffickers (North Carolina Judicial Review System, n.d.). This Drug Trafficking Program is considered to be questionably effective and its funding was reduced by former President Bush in 2004 (Stop the Drug War, 2004).

In order to ensure that drug users were getting imprisoned, in 1986 mandatory minimums sentences were passed by Congress. This law forced judges to give fixed sentences which did not take into account culpability or other mitigating factors. This was intended to target drug kingpins and violators in charge of managing large networks that distribute the illegal drugs. Of the violators that were served mandatory minimum sentencing only 11% of federal drug defendants were considered high-level drug dealers. This has left our prisons overcrowded in federal drug cases unassociated with high-level activity for which this mandatory minimum sentencing was not intended for (Drug Policy Alliance Network, n.d.). The Substance Abuse and Crime Prevention Act of 2000 (SACPA) was past with California's proposition 36. In an overview of SACPA is defined as, "an initiative aimed at rehabilitating rather than incarcerating non-violent drug possession offenders” (California Connected, 2001, ¶ 5). California residents under probation can undergo treatment. This would save an estimated $250 million a year imprisonment costs. In addition, it saves in operations cost an estimated 40 million per year (Drug Policy Alliance, 2002). The Bureau of Justice Statistics (2006) reports that 12.5 percent of all federal and state prisoners are currently incarcerated for only marijuana related drug offences. This incarceration costs taxpayers $1 Billion annually to imprison members of our society that have violated our country's marijuana laws (NORML, 2006). Incarceration bears a heavy toll on tax-payers; however, with treatment programs offered, it would save money and improve the likelihood of drug abusers relapse.

The war on drugs is in the midst of a transformation with the Obama administration. President Obama recently announced that his drug czar will be Seattle’s police chief, R. Gil Kerilikowske. New drug czar, Kerilikowske states (2009), "Our nation's drug problem is one of human suffering, and as a police officer but also in my own family, I have experienced the effects that drugs can have” (MSNBC, ¶ 5 ). The goal in this reform of the drug war is to focus on treatment, rather than incarceration. The decision has stirred up controversy under the Obama administration. This dramatic change will be the first time since President Nixon that non-violent, first-time offenders have an opportunity to serve their sentence in rehabilitation rather than jail time.

There will be recreational drugs as long as there are humans on this earth. Marijuana is an illegal drug, that side effects are extremely moderate when compared to cigarettes and alcohol. Marijuana is unfairly targeted when there are more severe harmful substances on the streets today. Dan Eggen from The Washington Post (2005), reports” The focus of the drug war in the United States has shifted significantly over the past decade from hard drugs to marijuana, which now accounts for nearly half of all drug arrests nationwide” (¶ 1). "Cannabis remains by far the most commonly used drug in the world” (United Nations, 2006, p. 23). Marijuana, which was made illegal in 1937, has been used by more than 97 million Americans today (US Department of Health and Human Services, 2006, p 224). Kappeler, Blumberg, and Potter, authors of, “The Mythology of Crime and Criminal Justice” stated “Drug control policy has not failed for lack of resources, funding, legal powers, or adequate personnel. It has failed because the problem is not amenable to a criminal justice solution.”(2000, p. 167).

References:

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