SHADES OF GRAY ON THE DRUG WAR

Further evidence that the winds of war are changing directions was the
presence of several local judges at a luncheon where the speaker
lambasted our current drug laws and called for reform.

They had to know ahead of time that such would be the tenor of the
talk because the man at the rostrum was James Gray, author of a new
book, Why Our Drug Laws Have Failed and What We Can Do About It, and
because the Thursday noontime event was produced by the Drug Policy
Forum of Texas, which promotes open discussion about options to our
current drug policies.

Gray, who also is a judge, pointed out that his state of California
ranks second in the nation in putting people in prison and Texas ranks
first. He stopped short of saying Houston leads Texas, and therefore
is a top contender for the title of Lock-'em-up Capital of the World,
but at least one audience member couldn't help thinking that.

Impressive figures

When others in the room applauded Gray's comments,
I glanced over at a tableful of guys who have played key roles in
getting us so high on that list. Such as when Gray said it makes as
much sense to put Robert Downey Jr. in prison for drug abuse as it
would have to put Betty Ford in prison for alcoholism. Or when he
asked, since we can't keep drugs out of our prisons, how can we expect
to keep them off the streets of Houston?

Hands remained mostly still and quiet at that table of judges, who
wore the unreadable facial expressions of practiced poker players.

All across this great land judges must be feeling increasingly
unsteady. Sitting on the bench must be like riding in a little
sailboat with those drug war winds changing directions at gale force.
How does his honor avoid being capsized by the boom? How will he
survive the tempest?

Gray works in Orange County, which many consider the most politically
unusual part of California, which many consider the most politically
unusual state of the union. Elsewhere, he might not have held onto his
job after going public, back in April 1992, with his opinion that the
drug war is a tragic failure.

"Most judges have strong views about how to improve our drug
policies," Gray wrote in his book, "and some of them are quite
advanced. I have had many private conversations on this subject with
other judges, who know that the war on drugs has failed, i.e., that
`The Emperor has no clothes.' But just like many politicians and law
enforcement officers, judges are also concerned about undermining
their effectiveness or exposing themselves to an electoral challenge
by addressing this issue publicly."

Letter of appreciation

In his speech, Gray told of the topmost
appellate court judge in a Southern state who wrote him a long letter
about how he agreed the drug war is a failure, and how he appreciated
Gray's efforts to spread the word.

Then he concluded by explaining he could not join Gray in going public
with those opinions because it would be too complicated to explain to
voters.

This luncheon was even better attended than the DPFT luncheon several
months ago when New Mexico Gov. Gary Johnson was speaker. Smiling
organizers said the event's success is yet another indication of how
rapidly public demand for drug law reform is growing.

But even when reform voters outnumber drug war supporters, judges
won't have smooth sailing. They work in a system that has grown very
big and very strong and very rich.

The drug war "isn't winnable," said Gray, "but it is imminently
fundable."

Thus it is not logical to expect the warriors and the
prison-industrial complex to stand quietly by, watching their powers
and profits evaporate as the drug war is dismantled. They can be
expected to fight changes in drug laws, prosecution and punishment.

It is good that a few Houston judges went to hear Gray's talk and
demonstrate support of open dialogue about our drug policy, regardless
of opinions.

And it is understandable that they appeared uncomfortable at times, no
doubt a bit seasick from the way the gathering storm is rocking the boat.