YOUR FLAKES ARE FROSTED, DUDE

This column was filed before Sheriff Lott abandoned efforts to charge
Michael Phelps with a crime in connection with the incident. -- Editor.

WASHINGTON -- Drink and drive and it's grrrrrrrr-eat! Smoke pot and
your flakes are frosted, dude.

So seems the message from Kellogg, which has decided not to renew its
sponsorship contract with Michael Phelps after the Olympian was
photographed smoking marijuana at a party in South Carolina.

That's showbiz, of course, but the cereal and munchie company had no
problem signing Phelps despite a prior alcohol-related arrest. In
2004, Phelps was fined and sentenced to 18 months probation and
community service after pleading guilty to driving while impaired.

The silliness of our laws -- and the hypocrisy of our selective
attitudes toward mood enhancers -- needs no further elaboration. Even
so, things are getting sillier by the minute.

Richland County (S.C.) Sheriff Leon Lott has now made eight
pot-related arrests based on the snap that shot around the world.
Seven were for possession and one for distribution, after deputies
used warrants to enter the house where Phelps allegedly was
photographed.

In an earlier column, I gave Lott the benefit of the doubt, suggesting
that his hands were tied given the laws of the land and South
Carolina's political climate. I retract the benefit.

Sheriffs, though elected and therefore political, have great latitude
as to what crimes they pursue. In a state that recently ranked among
the most dangerous in the nation, one would think South Carolina's law
enforcement officials have better things to do.

Indeed, they do. In our peculiar obsession to track down the Willie
Nelsons, Rush Limbaughs and now Michael Phelpses of society --
nonviolent, victimless imbibers of drugs -- we've actually made
society less safe. That's the conclusion of 10,000 cops, prosecutors,
judges and others who make up the membership of Law Enforcement
Against Prohibition.

Howard Wooldridge, LEAP's Washington representative, is a former cop
and detective who lectures civic clubs and congressional staffers on
the futility of drug laws that reduce public safety by wasting time
and money. He points to child pornography as just one example.

As of last April, he says, law enforcement had identified 623,000
computers containing child pornography, including downloadable video
of child rape. Only a fraction of those have been pursued with search
warrants, thanks to limited resources and staff shortages. What's
worse, Wooldridge says, is that three times out of five a search
warrant also produces a child victim on the premises.

Another example: Last year, Human Rights Watch reported that as many
as 400,000 rape kits containing evidence were sitting unopened in
criminal labs and storage facilities. Between the Los Angeles Police
Department and the L.A. County sheriff's office, nearly 12,000 kits
were unopened, according to an NPR report in December.

Arguments against prohibition should be obvious. When you eliminate
the victimless "crime" of drug use, you disempower the criminal
element. Neutering drug gangs and cartels, not to mention the Taliban,
would be no small byproduct of decriminalization. Not only would state
regulation minimize toxic concoctions common on the black market, but
also taxation would be a windfall in a hurting economy.

No one's saying that drugs aren't dangerous. Alcohol and tobacco are
also dangerous.

And no one thinks children should have access to harmful substances,
though they already do. Parents who recoil because their child became
an addict should note that prohibition didn't help.

What prohibition did was criminalize what is essentially a health
problem -- and overcrowd prisons. In 2007, there were 872,720
marijuana arrests in the U.S. Of those, 775,137 were for possession.
South Carolina just added eight to this year's roster.

The greatest obstacle to drug law reform is public fear and politics,
says Wooldridge, as he set off to give eight presentations on Capitol
Hill tomorrow. "I've had staffers tell me that to even call a hearing
will get you un-elected."

Which, perhaps, explains why Sen. Jim Webb, D-Va. -- the only
congressman to even approach the subject recently -- has tackled the
drug problem through the issue of prison overcrowding. Webb has held
two hearings before the Joint Economic Committee on U.S. drug policy
and incarceration costs. This year, he has promised to push for a
blue-ribbon commission to study why the U.S. has more people in jail
than any other country.

The answer -- and the solution -- seems clear.

I'm not convinced that all drugs should be legalized, but we should at
least put prohibition on the table to take another look. In the
meantime, Sheriff Lott has some 'splainin' do to.