RECESSION HITS DRUG POLICY

Almost a century ago, the United States started down the path toward
prohibition of illegal drugs and criminalization of those who use
them. Decades of lackluster to disastrous results did little to change
the chosen course. Only a sharp economic downturn could do that.

There's little to like about the current recession, but it is moving
drug and prison policies in a more pragmatic direction. In one of the
most remarkable examples, New York's legislature voted last week to
dismantle its harsh drug laws. The reform does away with mandatory
minimum sentences for drug offenses, which amounted to sentencing by
prosecutors rather than judges.

Given the pioneering position New York took on tough drug laws in the
1970s, this looks like a turning point. It's also part of a cascade of
similar developments around the country.

Last fall, partly to bring down penal-system costs, Gov. Rendell
signed legislation allowing earlier release for nonviolent offenders
who complete rehabilitative courses. More such measures will be
needed. Pennsylvania's prison population grew by a fifth between 2000
and 2006, and prisons account for nearly 7 percent of state spending.

Across the river, New Jersey is one of several states expanding the
use of treatment-oriented drug courts as an alternative to the
criminal courts. In addition, the state Senate has passed a bill to
legalize the medical use of marijuana. Massachusetts has gone further,
joining many of the world's developed nations in decriminalizing
possession of small amounts of the drug.

But this shift is not just about Northeastern liberals. Citing fiscal
pressures, some of the country's reddest states are backing off long
prison sentences for nonviolent crimes, many of which tend to be
related to drugs and addiction. They include Kentucky and Kansas -
proudly described by one of its own lawmakers as "a hang-'em-high state."

On the national level, Sen. Jim Webb (D., Va.) is pushing a
much-needed comprehensive review of the nation's criminal justice
system - aimed, among other things, at reducing the prison population
and reforming drug policy. Sen. Arlen Specter (R., Pa.) is a key cosponsor.

Meanwhile, Secretary of State Hillary Clinton recently acknowledged
that mounting violence in northern Mexico can be blamed largely on
America's appetite for drugs. This was an admission of the blindingly
obvious, of course. But it marked an important official recognition of
the repercussions of our drug policies on both sides of the border.

On this side, the consequences go well beyond the financial pressures
on state governments. We also have the world's highest incarceration
rate, as well as yawning disparities in imprisonment rates among
minorities, which are not reflected in relative rates of drug use.

And the neighborhoods of cities such as Philadelphia still play host
to thriving, violent marketplaces for illegal drugs, with police
resorting to such hopeless tactics as raiding bodegas for selling
plastic baggies.

None of this, however, made some elected leaders reconsider the
criminalization of drug use and addiction. Rather, we had to get to
the point where we literally can't afford it anymore.