http://www.mapinc.org/drugnews/v99.n636.a02.html (1)
http://www.mapinc.org/drugnews/v99.n637.a01.html (2)
http://www.mapinc.org/drugnews/v99.n637.a02.html (3)
http://www.mapinc.org/drugnews/v99.n638.a01.html (4)
http://www.mapinc.org/drugnews/v99.n638.a02.html (5)

THE DRUG LEGALIZATION MOVEMENT IN AMERICA

FOOTNOTES:

1 Katherine Seligman, Legalization Sought for Cousin of Pot, San Francisco
Examiner, May 9, 1999, C1 (quoting hemp activist Jack Herer).

2 Ethan Nadelmann, Should Some Drugs Be Legalized?, 6 Issues in Science and
Technology 43-46 (1990).

3 Ethan Nadelmann, Thinking Seriously About Alternatives to Drug
Prohibition, 121 Daedalus 87-132 (1992).

4 Ethan Nadelmann and Jan Wenner, Toward a Sane National Drug Policy,
Rolling Stone May 5, 1994, 24-26.

5 Id.

6 Ethan Nadelmann, How to Legalize, interview with Emily Yoffe, Mother
Jones, Feb./Mar. 1990, 18-19.

7 Arnold Trebach & James Inciardi, Legalize It? Debating American Drug
Policy, 109-110 (1993).

8 George Soros, Soros on Soros, p. 200 (1995).

9 William F. Buckley, The War on Drugs is Lost, National Review, Feb. 12,
1996, 35-48.

10 See Ethan Nadelmann, Commonsense Drug Policy, 77 Foreign Affairs 111-126
(1998).

11 It should, however, be emphasized that not all advocates of harm
reduction support drug legalization. Nor, does harm reduction, by itself,
require legalization. In fact, aspects of the National Drug Control
Strategy, such as methadone treatment, properly adopt harm reduction
programs as part of a comprehensive, balanced approach to reducing drug
use. Nevertheless, the fact remains that many who advocate harm reduction
use it as a subterfuge for legalization.

12 See "www.cannabisculture.com/grow".

13 See "www.mapinc.org" ("drug links" 7 and 8 link to the following two
websites: "www.hightimes.com/ht/tow/tes/index.html" and
"www.cannabisculture.com/usage/dtfaq.shtml").

14 See "www.mapinc.org", which includes as part of its site
"www.mapsorg/news.html", which then links to
"www.ecstacy.org/links/index.html", which then includes
"www.hyperreal.org/~lamont/pharm/faq/faq-mdma-synth.html". This same
information is also found on "www.lyceum.org/drugs/synth . .
./mdma/synthesis/mdma.mda.synthesis".

15 See Richard Cowan, Building a New NORML, High Times, Jan. 1993, p. 67.
Mr. Cowan has made clear how harm reduction policies fit into the
legalization agenda as follows: Based on our objective of "Legalization by
97" we must begin by demanding: 1 -- immediate access to marijuana for the
sick. 2 -- The immediate cessation of all attacks on users, growers and
sellers of marijuana. 3 -- An immediate end to lying about marijuana and
its users. 4 -- Recognition of the economic and environmental importance of
hemp, and studies on how it can be best exploited by American agriculture
and industry. Id.

16 CSR Inc., unpublished research prepared for ONDCP, 1999.

17 NIDA and NIAAA, The Economic Costs of Alcohol and Drug Abuse in the
United States, 1992, NIDA/NIH pub. no. 98-4327, Sept. 1998.

18 See Ken Kraysee, Pot Politics, Hartford Advocate, May 20, 1999. The Drug
Reform Coordination Network's website claims just 6,000 activists in its
network. Similarly, the Drug Policy Foundation's website claims "23,000
supporters." And, we believe that there is substantial overlap between
groups such as these, as well as other "reform" groups.

19 Gallup Organization, Americans Oppose General Legalization of Marijuana
(1999).

20 See John E. Reilly, Americans and the World: A Survey at the Century's
End, 114 Foreign Policy 97, 110 (1999).

21 Gallup Organization, What American Employees Think About Drugs (1995)
(prepared for the Institute for a Drug-Free Workplace).

22 Id.

23 Gallup, soon to be released poll, prepared for ONDCP (1999).

24 Partnership for a Drug Free America, Parents and Marijuana in the 90s,
Partnership Attitude Tracking Study (1997).

25 See Director Barry R. McCaffrey, Memorandum for the President's Drug
Policy Council, ONDCP Trip to Europe (11-18 July 1998), September 2, 1998.

26 Larry Collins, Holland's Half-Baked Drug Experiment, 78 Foreign Affairs
82, 88 (May/June 1999); see also Robert Dupont, Eric Voth, Drug
Legalization, Harm Reduction, and Drug Policy, 123 Annals of Internal
Medicine 461-465 (1995) (citing a 30 percent increase in the number of
Dutch marijuana addicts from 1991 to 1993 alone).

27 Larry Collins, Holland's Half-Baked Drug Experiment, 78 Foreign Affairs
82, 88 (May/June 1999).

28 See Lecture by Peter Reijnders, llc., Assistant Chief Constable, Chief
of the National Unit Synthetic Drugs of the Netherlands, delivered at the
25th European Meeting of Heads of National Drug Services, Edinburgh, UK,
May 4-6, 1999.

29 See "www.aloha.nl".

30 Larry Collins, Holland's Half-Baked Drug Experiment, 78 Foreign Affairs
82, 89 (May/June 1999); see also Director Barry R. McCaffrey, Memorandum
for the President's Drug Policy Council, ONDCP Trip to Europe (11-18 July
1998), September 2, 1998.

31 Id. at p. 87. In this same article, Dr. Wallenberg, head of the Jellinek
Clinic, Holland's best known drug clinic, stated: "We have indulged
ourselves in a kind of blind optimism in Holland concerning cannabis." Id.
This apparent inability to critically examine the impacts of
quasi-legalized drug policies on drug use trends has substantially aided
those in the United States who want to legalize drugs. Absent a full
assessment of the increasing drug use trends, proponents of legalization
are free to say whatever they like about the success of the model.

32 See European Monitoring Centre for Drugs and Drug Addiction, Study to
Obtain Comparable National Estimates of Problem Drug Use, Dec. 1998
(finding 28,000 Dutch heroin addicts in 1997, up from 10,000 in 1979);
Larry Collins, Holland's Half-Baked Drug Experiment, 78 Foreign Affairs 82,
92 (1999) (citing Dutch government funded Trimbos Institute data indicating
a tripling of the rate of heroin addiction); see also Robert Dupont, Eric
Voth, Drug Legalization, Harm Reduction, and Drug Policy, 123 Annals of
Internal Medicine 461-465 (1995) (citing a 22 percent increase in the
number of registered addicts between 1988 and 1993).

33 The European Monitoring Centre for Drugs and Drug Addiction, Annual
Report on the State of the Drugs Problem in Europe, 31 (1998). The
Netherlands was the only nation among fifteen EU member states listed with
trafficking of hard drugs as the main offense driving these increases in
drug-related arrests. Id.

34 See Lecture by Peter Reijnders, llc., Assistant Chief Constable, Chief
of the National Unit Synthetic Drugs of the Netherlands, delivered at the
25th European Meeting of Heads of National Drug Services, Edinburgh, UK,
May 4-6, 1999 (noting that 26 different countries worldwide have reported
seizures of MDMA originating in the Netherlands, including 124 cases
involving more than 500 grams).

35 Larry Collins, Holland's Half-Baked Drug Experiment, 78 Foreign Affairs
82, 84 (1999).

36 Id.

37 Id. at 97.

38 Hassela Nordic Network, Press Release, Nov. 9, 1995.

39 Hassela Nordic Network, Press Release, June 14, 1995 (poll by the
newspaper Algemeen Dagblad); Hassela Nordic Network, Press Release, Nov. 9,
1995 (poll by Erasmus University, Rotterdam, finding 61 percent of Dutch
think all drugs should be prohibited).

40 See, e.g., Gallup Organization, Americans Oppose General Legalization of
Marijuana (1999).

41 The experiences of other nations that have flirted with
legalization-like schemes also provide evidence that legalization is not a
viable policy option. For example, in 1964, Great Britain began providing
medical prescriptions for heroin to addicts. The policy was discontinued
because it caused a 100 percent increase in the numbers of addicts and
contributed to a significant increase in crime. See Drug Enforcement
Administration, Drug Legalization: Myths and Misconceptions, 17 (1994).
Similarly, during ONDCP's 1998 trip to Sweden, Swedish officials described
how that nation had tried and rejected a more liberalized approach to drug
control because use rates and attendant harms had increased significantly
with the liberalization.

42 See Bureau of Justice Statistics, Sourcebook of Criminal Justice
Statistics 1997, 150-151 (1997). In 1973, 18 percent of the American people
supported legalization of marijuana. In 19976, that number grew to 28
percent. By 1978, that number reached 30 percent, the highest it has
reached from the 1970's to date.

43 See ADAMHA, PHS, DHHS, National Household Survey on Drug Abuse: Main
Findings 1985 (1988).

44 See David Musto, The American Disease, 10 (1972).

45 Id. at p. 10, 91-95. Pennsylvania passed the first state-level
anti-morphine law as early as 1860. Id. at p. 91. Ohio followed suit with
an anti-opium smoking law in 1897. Id.

46 During this period almost all U.S. opium was imported for domestic use
with little or no transhipment. Thus, for this timeframe rates of imports
are the best indicator for rates of domestic use. Id. at p. 252, note 5.

47 Id. at p. 5. Domestic demand for opium began to increase in the 1840s
and continued to grow until roughly the 1890s. At its peak in the 1890s
domestic consumption of crude opium leveled off at a high of 500,000 pounds
each year. At the same time, morphine and morphine salts consumption
reached 20,000 ounces annually. Id. at p. 252, note 5.

48 Id. at p. 252, note 5, and accompanying text.

49 Most importantly, prohibition sought to stop a societal behavior that
was socially accepted and widespread. In contrast, our current drug
policies are backed by overwhelming societal disapproval of drugs. See
Robert Dupont, Eric Voth, Drug Legalization, Harm Reduction, and Drug
Policy, 123 Annals of Internal Medicine 461-465 (1995). 50 Paul Aaron and
David Musto, Temperance and Prohibition in America: A Historical Overview,
in Beyond the Shadow of Prohibition, 164-165 (Mark H. Moore & Dean P.
Gerstein eds., 1981).

51 Arnold Trebach & James Inciardi, Legalize It? Debating American Drug
Policy, 109-110 (1993).

52 Id.

53 Id.

54 See Mark H. Moore, Actually, Prohibition Was a Success, New York Times,
A21, Oct. 16, 1989. During prohibition, cirrhosis death rates for men went
from 29.5 per 100,000 in 1911, to 10.7 per 100,000 in 1929. Admissions to
state mental hospitals for alcohol psychosis also fell from 10.1 per
100,000 in 1919 to 4.7 per 100,000 in 1928. Id.; see also John Noble, et
al., Cirrhosis Hospitalization and Mortality Trends 1970-87, 108 Public
Health Reports 192 (1993).

55 See Rain v. Stark, 537 P.2d 494 (AK 1975). The court's holding did not
effect the statutory provisions dealing with the purchase, sale or
manufacture of marijuana, which remained illegal during this period.

56 Information provided by Drug Watch International (citing Bernard Segal,
Center for Alcohol and Addiction Studies University of Alaska, Drug Taking
Behavior Among Alaskan Youth -- 1988, Nov. 1988).

57 See Grossman et al., Rational Addiction and the Effect of Price on
Consumption, in Searching for Alternatives, at p. 77 (Melvyn B. Kraus &
Edward P. Lear, eds. 1991) (with respect to cigarettes a 10 percent drop in
price yields a 7 to 8 percent increase in demand).

58 ABT Associates, The Price of Illicit Drugs: 1981 Through Second Quarter
of 1998, prepared for ONDCP (Feb. 1999).

59 Moreover, the cost of production of legalized cocaine would shrink below
today's levels. For example, the shipment of legal cocaine without the need
to conceal, the movement of profits without the need to launder, and the
ability to manufacture without and market without losses to law
enforcement, would all provide significant economies.

60 See George Soros, Soros on Soros, 200 (1995) (recognizing the need to
set prices of legalized drugs low enough to undercut a black market).

61 The impact of pricing on youth substance use is well established with
respect to alcohol and taxes. Moreover, one study has found that increases
in alcohol prices not only reduces youth alcohol consumption, but also
marijuana use. See Rosalie Liccardo Pacula, Does Increasing the Beer Tax
Reduce Marijuana Consumption?, 17 J. Health Economics 557-585 (1998).

62 Jeanne Reid, et al., No Safe Haven: Children of Substance Abusing
Parents (1990) (published by the National Center on Addiction and Substance
Abuse at Columbia University).

63 Id.

64 Chaffin M. Kellecherk, Fischer E. Hollenberg, Alcohol and Drug Disorders
Among Physically Abusive and Neglectful Parents in a Community-Based
Sample, 84 Am. J. Public Health 1586-90 (1994).

65 National Transportation Safety Board Report, Washington, D.C., February
5, 1990.

66 NHTSA, The Highway Safety Deskbook, Part IV (1996).

67 Brookoff, D. et al., Testing Reckless Drivers for Cocaine and Marijuana,
320 New Eng. J. Med. 762-768 (1994).

68 Office of Applied Statistics, Driving After Drugs or Alcohol Use:
Findings From the 1996 National Household Survey on Drug Abuse (1998)
(published by NHTSA, DOT, SAMSHA and HHS). Findings with respect to youth
drinking and driving also suggest that if drugs were made legal, drugged
driving would be most problematic among young people. See, e.g., National
Highway Traffic Safety Administration, Alcohol Traffic Safety Facts 1997,
1997 (the highest intoxication rates in fatal crashes in 1997 were recorded
for drivers 21-24 years old).

69 Office of Applied Statistics, Driving After Drugs or Alcohol Use:
Findings From the 1996 National Household Survey on Drug Abuse (1998)
(published by NHTSA, DOT, SAMSHA and HHS).

70 See, e.g., CNN The World Today, Deaths of Five Schoolgirls in
Philadelphia Car Crash Raises Awareness of Chemical Inhalants, Mar. 2,
1999, 8:24 pm EST (LEXIS/NEXIS). 71 National Highway Traffic Safety
Administration, Alcohol Traffic Safety Facts 1997, 1997.

72 Id.

73 Office of Applied Studies, SAMSHA, National Household Survey on Drug
Abuse: Main Findings 1997 (1998).

74 Gallup Organization, What American Employees Think About Drugs (1995)
(prepared for the Institute for a Drug-Free Workplace).

75 Id.

76 See, e.g., Robert Dupont, Never Trust Anyone Under 40: What Employers
Should Know About Drug Testing 48 Policy Review pp. 52-57 (1989) (drug
using workers are 3 to 4 times as likely to have an on-the-job accident, 2
to 3 times as likely to file a medical claim, and 25 to 35 percent less
productive).

77 ONDCP, The 1999 National Drug Control Strategy, 17 (1999).

78 The National Institute on Drug Abuse and the National Institute on
Alcohol Abuse and Alcoholism, The Economic Costs of Alcohol and Drug Abuse
in the United States, 1992, 5-1 (1998).

79 See, e.g., CNN NEWS, A Historical Perspective on Amtrak Accidents, Sept.
22, 1993; Lori Sharn, Will Tests Keep Booze Out of Cabs, Cockpits, USA
Today, Jan. 14, 1992, 1A; Rep. Bob Whittaker, The Drugs and Alcohol Crisis;
Congress Must Pass Legislation Requiring Workers to Take Drug and Alcohol
Tests Before Assuming Life Threatening Responsibilities, Roll Call, July
23, 1990, Briefing No. 17.

80 See, e.g., Jon Hilkevich, Police Say Test Shows Drug Use By Trucker in
Train Crash, Chicago Tribune, June 25, 1998, 1; Marijuana Found in Trucker
Involved in Fatal Train Wreck, New York Times, June 25, 1998, A16.

81 See supra n. 80.

82 See Testimony of Mark A. DiBernardo, Executive Director, Institute for a
Drug-Free Workplace, Before the House Committee on Government Reform and
Oversight, Subcommittee on National Security, International Affairs and
Criminal Justice, on Employer Drug-Testing and Drug Abuse Prevention, June
27, 1996.

83 The Gallup Organization, What American Employees Think About Drugs
(1995) (prepared for the Institute for a Drug-Free Workplace).

84 'Dan Rhodes, Drugs in the Workplace, 67 Occupational Health & Safety
136-138 (1998). 85 Id.

86 Id. (The Ohio study found that substance abuse treatment programs could
reduce on-the-job injuries by as much as 97).

87 See Interpol, International Crime Statistics (1995); see also Director
Barry R. McCaffrey, Memorandum for the President's Drug Policy Council,
ONDCP Trip to Europe (11- 18 July 1998), September 2, 1998.

88 Larry Collins, Holland's Half-Baked Drug Experiment, 78 Foreign Affairs
82, 92 (1999).

89 Id. at 88.

90 P. Van Kalleveen, Violent Crimes in Central Bureau of Statistics,
Justitiele Verkenningen (1), 29-47 (1994).

91 Federal Bureau of Investigation, Uniform Crime Report for the United
States (1997).

92 Id.

93 Office of Applied Statistics, SAMSHA, National Household Survey on Drug
Abuse: Main Findings 1997 (1998).

94 Id.

95 Federal Bureau of Investigation, Uniform Crime Report for the United
States (1997).

96 ONDCP, What America's Users Spend on Illegal Drugs, 1988-1995, 1 (1997).

97 Accord, National Research Council, Assessment of Two Cost- Effectiveness
Studies on Cocaine Control Policy (1999) (finding that two separate studies
commonly used to justify spending on particular anti-drug efforts at the
expense of other anti-drug efforts were both flawed). The National Research
Council study commissioned by ONDCP, reviewed the earlier findings of a
study by the Institute for Defense Analysis (IDA) on the cost effectiveness
of interdiction efforts. The IDA Study has been used by some to advocate
dramatically expanded spending on interdiction at the expense of a more
balanced approach. Recently, the National Research Council found that the
research foundation of the IDA study is inadequate to serve as the basis
for sound public policy. The Council also assessed the RAND study,
Controlling Cocaine: Supply Versus Demand Programs, which concluded that
marginal dollars should be spent on treatment rather than supply control.
The NRC concluded that while the RAND study serves as an important point of
departure for the development of richer models of the market for cocaine,
the findings do not constitute a persuasive basis for the formulation of
cocaine control policy.

98 See. e.g., Christopher Wren, A Seductive Drug Culture Flourishes on the
Internet, The New York Times, June 20, 1997.

99 The New York Times has also documented at least one instance where
groups promoting legalization called upon their counterparts to attack an
anti-drug group by overwhelming its infrastructure through harassment
calls. Id.

100 See Awww.hypereal.org/drugs/price.report/u-index.html@.

101 See CESAR, GHB and GHL: 10 Overdoses Reported in Past 90 Days in
Maryland; Drugs Available on the Internet, April 1999 (reporting sales of
GHB and GHL over the Internet, with some of the trafficking websites
registering more than 250,000 hits).

102 Partnership for a Drug-Free America, Parents and Marijuana in the 90s,
Partnership Attitude Tracking Study 1997 (1997).

103 Id.

104 Institute of Medicine, National Academy of Sciences, Marijuana and
Medicine: Assessing the Science Base (1999).

105 Id. at 7.

106 Department of Health and Human Services, Announcement of the Department
of Health and Human Services Guidance on Procedures for the Provision of
Marijuana for Medical Research, May 21, 1999.

107 See State of Oregon, Medical Marijuana: A Smoke Screen (1997) (videotape).

108 The impacts of marijuana use on a child's development are well
documented. For example, according to the National Household Survey on Drug
Abuse child (ages 12 to 17) who regularly uses marijuana is roughly 5 times
more likely to assault someone, 6 times as likely to steal, and 6 times as
likely to cut classes, as a peer who has never tried the drug.

109 National Institute on Drug Abuse, Drug Abuse Treatment Outcome Study
(1997); Department of Health and Human Services, National Treatment
Improvement and Evaluation Study (1996).

110 ONDCP, The 1999 National Drug Control Strategy, at p. 87, n. 19 (1999).

111 Id. at p. 57.

112 The Administrations goal for the FEHB is to make plan coverage for
mental health and substance abuse care identical to traditional medical
care with regard to deductibles, coinsurance, copayments, and day and visit
limitations.

113 See Arrestee Drug Abuse Monitoring Program, National Institute of
Justice, 3 (1998).

114 Christopher Mumola, Substance Abuse Treatment, State and Federal
Prisoners, 1997, (1999) (published by the Bureau of Justice Statistics).

115 Id.

116 Id.

117 Id.

118 James Inciardi, et al., An Effective Model of Prison-Based Treatment
for Drug-involved Offenders, 2 Journal of Drug Issues 261-278 (1997).

119 ONDCP, The 1999 National Drug Control Strategy, at p. 64 (1999).

120 Id. at p. 63.

121 Id. at p. 64.

122 Id.

123 On the demand-side, CTAC technology development efforts are also at the
forefront of efforts to better understand the disease of addiction and to
develop cures for drug problems.

124 CIA Crime and Narcotics Center, unpublished data (1999).

125 Department of State, International Narcotics Strategy Report, 22
(1999).