RANT: DRUG RUSH

Limbaugh To Listeners: I Belong In Jail!

Rush Limbaugh may not be arrested, let alone spend time behind bars,
for illegally buying narcotic painkillers. "We're not sure whether he
will be charged," a law enforcement source told CNN in early October.
"We're going after the big fish, both the suppliers and the sellers."

Following up on a story The National Enquirer broke on October 2, CNN
reported that the conservative radio commentator's name had come up
during "an investigation of a black market drug ring in South
Florida," where Limbaugh has a home. A former housekeeper told the
Enquirer she had sold him tens of thousands of hydrocodone and
oxycodone pills during a four-year period.

If Limbaugh escapes serious legal consequences, there will be
speculation about whether a pill popper who wasn't a wealthy celebrity
would have received such lenient treatment. Still, the distinction
between dealer and user drawn by CNN's source is both widely accepted
and deeply embedded in our drug laws.

That doesn't mean it makes sense. If drug use is the evil the
government wants to prevent, why punish the people who engage in it
less severely than the people who merely assist them? That's like
giving a murderer a lighter sentence than his accomplice.

Another argument for sending Limbaugh to jail was suggested by the
talk radio king himself. In an October 3 column, Newsday's Ellis
Henican cited remarks Limbaugh made in 1995 concerning the drug war's
disproportionate racial impact. "What this says to me," Limbaugh told
his listeners, "is that too many whites are getting away with drug
use....The answer to this disparity is not to start letting people out
of jail because we're not putting others in jail who are breaking the
law. The answer is to go out and find the ones who are getting away
with it, convict them, and send them up the river too."

Before we start building a boat for Limbaugh, perhaps we should
consider the arguments for letting him keep his freedom. The strongest
is that it's nobody's business but his if he chooses to pop Lorcet and
OxyContin, as long as he's not hurting anyone else. When the
painkiller story broke, the New York Daily News reported that
Limbaugh's lawyers "refused to comment on the accusations and said any
'medical information' about him was private and not
newsworthy."

On his show the next day, Limbaugh already was moving away from that
position, promising to tell his listeners "everything there is." A
week later, he announced he was entering treatment for addiction to
painkillers he began taking after back surgery. "I take full
responsibility for my problem," he declared, while blaming his
situation on "highly addictive medication" (thereby reinforcing the
opiophobia that has led to scandalous undertreatment of pain in this
country).

The quick switch from privacy claim to public confession is
reminiscent of Bill Bennett's humiliating retreat on the issue of his
gambling. Before renouncing the habit, the former drug czar noted that
losing large sums of money on slots and video poker hadn't "put my
family at risk." Nor does it seem that the time Bennett spent in
casinos interfered with his personal or professional life. It
certainly did not keep him away from TV cameras and op-ed pages.

Likewise, drug use did not stop Limbaugh from signing an eight-year
contract reportedly worth $285 million in 2001, or from maintaining a
demanding schedule that included three hours on the radio five days a
week, or from retaining his status as the nation's leading talk radio
host, reaching nearly 20 million listeners on about 600 stations. If
his housekeeper hadn't ratted on him, we might never have known about
all those pills.

I'd say that's how it should have been, except that Limbaugh seems to
prefer a different approach. "If people are violating the law by doing
drugs," he told his radio audience in 1995, "they ought to be accused
and they ought to be convicted and they ought to be sent up." Maybe
the government should respect his wishes.

Jacob Sullum, a Reason senior editor, is the author of
Saying Yes: In Defense of Drug Use (Tarcher/Putnam).