A NEW FRONT FOR THE 'DRUG WAR'

Changing Penalties Retains Accountability With Less Taxpayer Cost

There is a feeling sweeping the nation that the "war on drugs" needs more
scrutiny and better strategies, utilizing more modern diagnosis and
treatment. The problem is that in many ways the war creates more harm
than good.

"Since the war on drugs has been lost, it is time to study and consider
other alternatives," says Dennis Whelan, an Orange County resident and a
retired Los Angeles deputy district attorney.

For the authors, the thought of decriminalizing drugs would have been
unthinkable 10 years ago. But now we have come to believe the benefits of
decriminalization outweigh the risks.

THE BACKGROUND

There was no such thing as a war on drugs between 1776 and 1914. Then
government stepped in.

For roughly the first 138 years of our republic, Americans' right to life,
liberty and the pursuit of happiness included the right to ingest whatever
chemicals one desired. Thomas Jefferson said that a government that
controls what its citizens eat and the kind of medicine they take will soon
try to control what its citizens think.

In 1914, Congress passed the Harrison Act, leading to the criminalization
of drugs and our disastrous drug war. Before that, there was no black
market in drugs or an organized-crime drug structure with its associated
violence and pervasive corruption of government officials.

Narcotics use in the United States had been declining for some 15 years
before the federal government outlawed opium. It seemed that requiring
manufacturers to label what was in their products combined with public
health messages was sufficient to reduce drug use.

THE PROBLEM

The court caseload has grown quickly over the past decade. A significant
portion of caseload increase between 1985 and 1995 was due to increased
drug law prosecutions, according to a 1996 Department of Justice report. By
1995 drug violations accounted for almost 25 percent of state and federal
prisoners.

And a report issued last week by the Department of Justice indicates that
70 percent of inmates held in the nation's local jails (as opposed to state
and federal prisons) are either serving time for drug offenses or were
regular users prior to incarceration. It's long past time for an armistice
in this failed war.

Since the days of "Just Say No," this domestic quagmire has lasted longer
than the Vietnam War. Between 1990 and 1999 alone, federal anti-drug
law-enforcement activities have cost taxpayers $81 billion. States and
cities have spent more.

THE SOLUTION

Decriminalize illegal drugs such as marijuana, cocaine and heroin.

By this, we do not mean making them legal, but instead making their use
"infractions" or "misdemeanors" rather than criminal felonies. Penalties
would include fines, community service, attending classes, and
rehabilitation at professional facilities, rather than incarceration.

These drugs could be purchased at authorized pharmacies at much lower than
street prices. The profit motive would be taken from gangs, organized
crime, street vendors and cartels. That addicted teen-ager would be much
less likely to harm your family or rob your home.

The police should have the right to prevent those on excessive amounts of
illegal drugs or legal alcohol from operating cars and heavy machinery.
People would be held strictly accountable for illegal activities they
pursued or damages done while under the influence.

THE RESULTS

- - Society would deal with the root cause of the problem of drug abuse, not
the consequences.

- - The courts and prisons would become unclogged. The taxpayer costs for new
courts and prisons would decrease dramatically. We would not have to hire
retired judges at an exorbitant price (this is a major political issue in
California where the use of retired judges has tripled in the last decade).

- - The prisons would not have to dump dangerous criminals back on the
streets for lack of space.

- - The police would spend more of their time dealing with hard-core criminals.

- - Street and gang violence would decrease.

- - Return to emphasizing personal responsibilities not just rights.

As physicians our experience has taught us that when the diagnosis is
incorrect and treatment fails, it is time to re-examine the patient's
illness and put forth new strategies. We have lost the "war on drugs."

Let's deal with it!