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October 1994 The Legalization
of Narcotics-- A Law Enforcement Officer's Response by Edward J.
Tully We live in contentious times! Not a
day goes by that someone doesn't challenge a fact, idea, or value that we previously
thought settled long ago in either law, custom or common sense. Today, however,
with the mass media demanding more stories to fill their pages or air-time, it
seems as if a cottage industry has sprung up staffed by people who make a living
challenging almost every aspect of our society, culture or beliefs. All
forms of media enjoy conflict as it is a fundamental element of what they define
as newsworthy. The media often encourage conflict because there is great profit
from raising and promoting the resultant debate. Of course, many self-proclaimed
critics earn their living or are elected to office based on their challenge to
a popular belief. So, whether it is an environmental issue, the treatment of a
popular sports hero, the death penalty, or what is safe to eat, the rest of us
are a left a bit more bewildered -- or in the best case, amused -- by the crass
hucksterism of those involved. In its worst form, the mass media treatment
of an issue puts the population in the position of not knowing who or what to
believe about an issue, personality, or idea. In either case, it is not a new
or critical problem. Throughout history people have been trying to influence others
to take a particular view. Since law enforcement by nature is newsworthy, it is
reasonable to expect that we will have our share of critics. In law enforcement
the biggest target for our critics is how we are handling the "War on Drugs."
Surprisingly, there are still some naive, ill-informed, but perhaps, well-meaning
people who think the solution to substance abuse is to legalize narcotics. Few
critics of our present drug enforcement policies have law enforcement experience,
live in the inner city, have children with drug problems, or have cared for a
crack-addicted baby. They merely sit in their ivory towers and analyze crime statistics
they interpret to mean we have lost, or are losing the War on Drugs. Most critics'
advice is not tempered with the reality of the street, the emergency room, or
the sight of the effects of drug abuse -- human beings without dignity, hope,
or rational thought. Well, first, there never was by classic definition
a "war" on drugs. The term "war" suggests that a society is
willing to devote enormous resources to achieve victory. It also suggests that
a society is willing to endure until they achieve victory. Our society has not
committed the necessary resources or strength of will to solve the problem of
drug abuse. Large portions of the blame for this situation lay with law enforcement. Law
enforcement has not educated the public well about the dangers of drug abuse.
We seriously underestimated the complexity of eradicating drug distribution networks.
Thinking politicians could solve the problem, we expended too much energy convincing
them for more monies and laws. Looking back, we should have devoted more of our
energies to the average citizen, the media and leaders in education and religion.
Consequently, after 30 years of trying to stem the rising tide of drug abuse we
find ourselves with a considerable amount of half-baked legislation on the books;
under funded law enforcement agencies; and a population fearful of the impact
of drug abuse on their families. Many are too terrified to leave their homes for
a walk around the block or to go to the park! Drug abuse, and its attendant
problems of mental dysfunction, homelessness, suicide, spouse and child abuse,
and violent crime has caused more damage to our way of life, our ability to enjoy
basic freedoms, and our sense of personal security than any other event in our
history. We still spend more on cosmetics and after shave lotion than we do on
narcotics enforcement. Our lawmakers are more concerned about the rights of the
offenders than the well-being of the victims of drug abuse and crime. It has become
an "Alice in Wonderland" world! Well, what should we do? We know
the philosophy of the mass media is not going to change nor will the armchair
critics of our drug enforcement policies fade away. So, when the cabinet-level
politician, federal judge, mayor, or college professor appears on television or
in print to say we should legalize illicit substances, we in law enforcement should
just sigh; roll our eyes to the heavens; and counter each of their arguments for
legalization with the following information. It is based on our experience, common
sense, and I might add, a mixture of success and failure. The Argument
The objective of this article is to present the reasonable legalization
arguments and provide persuasive rebuttals. It is not to chill debate or to demean
those who are, in good faith, calling for some aspect of legalization. Do not
view this article as an attempt to glorify, justify, or rationalize law enforcement's
efforts to control drug problems. We have made many mistakes and will probably
make more. Obviously, the problem of drug abuse continues despite our efforts.
In addition, as a society we do not have definitive answers about why the problem
escapes solution. In our frustration we tend to strike out and blame someone --
or something -- in an effort to find a silver bullet solution to the problem. Both
sides of the legalization argument agree that North America has a serious drug
abuse problem involving legal and illegal substances. The stated goals of both
sides are to protect individual rights; reduce general and violent crime; promote
the mental and physical health of the people and ensure a better quality of life
for all citizens. This discussion should, then, center on the path we need to
take to ensure that our mutual objectives are met. The law enforcement community
argues that legalization advocates propose dangerous experiments in social policy.
In our view, the legalization of illicit drugs promises no significant benefit
to anyone in our society. We view the experiments as risks we should not entertain. The
basic arguments presented by proponents of legalization are as follows:
The Protection of Individual Rights The central, underlying
theme of many of the arguments to legalize illicit drugs is that individuals in
a free society have a right to make their own choices, even if it leads to their
own destruction. Dr. Ethan Nadelmann in the summer 1988 issue of Public Interest
offered, "Legalization is . . . a recognition of the right to make . . .
choices free of the fear of criminal sanction." Again, the debate over legalization
centers on the delicate balance between the liberty and rights of individuals
and the well-being of the community. Americans have frequently held that as long
as an individual's behavior does not adversely affect others, then he/she should
be free to do as they choose. This position safeguards freedom of speech, freedom
of religion, freedom of association and the freedom to live a reasonable lifestyle.
The conflict comes when an individual's action threatens the community. If the
community decides that the potential threat to the citizenry overrides the freedom
exercised by the individual, it handles the problem through laws and/or cultural
norms. For the individual rights argument to succeed, the proponents of
legalization must successfully argue that the abuse of currently illicit drugs
does not pose a significant threat. In practice, proponents offer the rationale
that drugs are not harmful; that many individuals who use them are perfectly competent;
and that users and addicts are not, primarily, to blame for their actions while
under the influence. They also believe that the actions a community takes to protect
itself are more of a threat to the public good than the actions of drug abusers.
If current criminal sanctions were lifted and education and treatment emphasized,
proponents of legalization think that there would be fewer social problems. No
one denies the importance of drug prevention, education and treatment. The real
issues are: - Whether society and government have the authority to protect
the public from the harmful acts of drug abusers -- or other persons who would
do the public harm either intentionally or otherwise;
- Whether society should
protect an individual from himself; and
- What measure, or combination of measures,
are acceptable in terms of diminished individual rights to promote the common
welfare?
All sides agree that certain aspects of drug abuse (violence
to others, for example) pose a significant threat to our society. So in these
cases society does have a fundamental right to protect itself from danger. Second,
American and Canadian societies have a long history of taking appropriate measures
to protect people from their own unwise actions. For example, we have established
mandatory social security regulations and seat belt laws. Child labor laws, motorcycle
helmet laws and hundreds of other similar regulations are specifically designed
to keep people out of harm's way. Finally, America's tradition of government
and social policy is based on the recognition that individuals are responsible
for the consequences of their actions. Some legalization advocates have sought
to shift responsibility from the individual to society. The blame is first shifted
to the parents and then to the schools, churches, or the individual's peers. If
one cannot shift the blame here, then poverty, the stress of living in a large
city, or abuse as a child becomes the excuse. Thus, a person who freely chooses
to become drug dependent is excused from any blame for his/her actions or the
consequences of their actions. If this line of argumentation is accepted,
it follows that we should excuse the actions of a person under the influence of
drugs because their actions were not based upon free will. It is reasonably obvious
that this line of argument is seriously flawed. No society would last long if
individual actions were allowed to endanger the well-being of its members. This
is true in a family, within a tribe or village, within a military unit, or any
size organization dependent on the responsible actions of its members for the
groups' security and safety. Proponents of individual rights have used this
argument with respect to sexual conduct, free speech and a host of other issues.
Court decisions in these cases have always hinged on the impact that the extension
of rights will have on the population. If the extension of rights is deemed harmless
to society then the right is extended. If, however, the extension of a particular
right is deemed injurious to the greater rights of the community then the extension
is denied. In the case of drug abuse, however, it is difficult to accept
the argument that individuals not be held accountable for their lifestyles. A
large number of our citizens have freely chosen to ignore the law and engage in
activities that are a threat not only to themselves but the community. In doing
so, they have created a situation that imperils the community. The court decisions
rendered in situations of this type have, thus far, held strong that the law was
not wrong, unjust or an unacceptable infringement of individual rights. The courts
have consistently said that an individual must be held responsible for his/her
acts. The court decisions of today reaffirm what common sense, scholars, theologians
and our founding fathers have told us for centuries -- individual rights have
limits. Clearly, drug abuse can never be viewed by a healthy society as an individual
right. Punitive Measures Lead to Violence, Corruption and Crime
According to legalization advocates the law enforcement approach,
as well as the use of punitive and repressive measures, has led to violence, corruption
of public officials and a significant increase in crime. It is true that levels
of violence, general crime, and -- to a lesser extent -- corruption of public
officials, have increased in the past 20 years. We can tie these trends directly
or indirectly to legal or illegal drug abuse. However, to suggest that the increase
in crime levels is caused by the illegality of some substances or marketing practices,
stretches logic to the breaking point. It requires that you accept the implausible
claim that individuals who choose to use or distribute drugs and subsequently,
become involved in additional unlawful activities; somehow bear no responsibility.
The government is blamed because it has made the substance illegal, difficult
to obtain or expensive. This argument is naive. One reason people use mind-altering
drugs is because they want to feel good. Individuals continue use drugs because
they want to or until such a time they lose control over their lives. Up to this
point, use of drugs is strictly voluntary. The inexorable drift to addiction on
the part of some drug users is the result of a multitude of individual choices
made over time. The violence and criminal behavior exhibited by people under
the influence of drugs are not motivated by legal sanctions. The law, per se,
does not cause their behavior. Individuals choose their behavior. If that behavior
violates a law, harms another person, or corrupts a public official, it is not
reasonable to blame the law. We have not yet blamed the law in the case of the
bank robber, wife beater or shoplifter. In reality, most individuals involved
in criminal activity are either oblivious to or contemptuous of the law. Social
rules are for other people, not for them. In our experience, there are few drug
addicts, drug dealers, or drug-induced criminals who would argue that the law
or law enforcement caused his behavior. More to the point is that few drug traffickers
would go straight if narcotics were legalized. The proponents of individual
rights have made the individual's freedom of choice the centerpiece of their argument
for the legalization of drugs. While the law enforcement community acknowledges
the importance of individual rights and liberty, it considers the common good
to be endangered by the legalization of drugs. I would argue that it is destructive
to the common good to legitimize patterns of behavior with drugs by which individuals
become a threat to others and an enormous community liability. So I would reject
the argument that current drug laws have made the drug problem worse. What has
made the problem worse are individuals who have made some very poor choices. One
final note on the corruption of public officials. It is true that present illegal
drug activities have provided the wealth needed to corrupt police officers, judges
or others involved in the criminal justice system. This should not be viewed,
however, as part of the drug problem. It is the result of having public servants
who are susceptible to corruption, and hence, not fit for public service. Whether
the motivation is drugs, money or power, the problem of corruption is a problem
of character. We can solve the problem of public corruption by selecting men and
women of good character as public servants. Supply-Reduction Policies
Have Failed Proponents of legalization insist that, despite law
enforcement's best efforts, the supply and purity of drugs have increased while
price has decreased. They argue that law enforcement has failed and the money
and energy involved in drug interdiction should be expended elsewhere. The observations
by legalization proponents are partially true. In the past 10 years, the
price and purity of both cocaine and heroin have improved. The production and
distribution of illegal drugs have increased enormously. The demand for most drugs
has modestly increased in North America, but more importantly, the demand has
increased world wide. Despite record seizures of illegal drugs, arrests of thousands
of drug dealers and the destruction of several cartels; the demand for cocaine
and heroin still exceeds supply. Often, the work of law enforcement agencies
in this period was outstanding, but still production continued apace. During this
period, law enforcement officers learned that the reducing the supply of drugs
was far more complex than they originally thought. It would take far more resources
than law enforcement alone could marshal. This was particularly true in our efforts
to reduce the production of illegal drugs in countries where cartels have significant
political, economic and social influence. Nonetheless, law enforcement shifted
some of its resources to demand-reduction through educational programs such as
DARE and SANE. Both enjoyed modest success, but again, the demand for these programs
in our schools outstripped the resources of law enforcement to deliver. The efforts
of the churches, schools and other community organizations to get involved in
demand-reduction programs has not materialized to the extent necessary. Think
of the Dutch boy with his finger in the dike waiting for help from the community.
This analogy would be correct except that help for the law enforcement community
was not forthcoming. Despite the lack of success in reducing the supply
of illegal drugs, there have been some positive benefits to law enforcement efforts
in the past decade. First, the drug problem would have been worse had it not been
for our vigorous reduction efforts. Secondly, it has also shown that the availability
cheaper drugs does not lead to a lessening of crime, as drug-related crime rates
during this period have soared. Third, we have exposed the illegal drug industry
as sophisticated, complex and profitable. The industry is quite capable of influencing
demand, producing, and distributing a product under extreme duress as well as
influencing the political process in drug-producing countries. The financial power
and business sophistication of the drug cartels easily matches that of the tobacco
companies. Their political power is similar to the old political machine and their
ruthlessness makes the La Cosa Nostra look like choirboys. Looking back, it seems
terribly naive that we thought we could eliminate the problem with just a few
thousand local and federal officers and only a few hundred Drug Enforcement Agency
(DEA) agents by working with police in foreign countries. Since law enforcement
has failed to eradicate the supply of illegal drugs, should we then change the
social policies or law enforcement policies regarding either drug supply or demand?
In my opinion, we would make a serious mistake if we shifted the monies spent
on eliminating the supply of drugs to either drug demand-reduction or rehabilitation
programs. First, the amount we spend on law enforcement supply-reduction
programs is relatively small and would not make much of a difference in demand-reduction
efforts. Second, the monies we do spend in the effort to reduce
the drug supply are cost-effective. That is, we do seize large quantities of drugs
and assets. We are successful in disrupting the supply of drugs to the marketplace
and we effectively remind users, dealers, and cartels that their activities are
unlawful and we will prosecute them. Third, the arrest of a drug
abuser is usually the first step toward drug rehabilitation. While, it might be
better if addicts did not have to be arrested before they sought treatment, the
fact of the matter is that addicts have no concept that they have an out of control
problem. It takes a dramatic event in their lives to persuade them to seek help.
Arrest is usually dramatic. Fourth, law enforcement continues
to develop more ways to thwart drug distribution and drug use. Perhaps, we will
find more answers in high technology or new educational programs. While it can
be argued that some police officers have become burned out in the struggle, there
are still more than enough officers willing to do the work. I suspect this is
because the police know firsthand the consequences of drug use. They also know
there is no other reasonable alternative. Law enforcement organizations
are the visible arm of a populace that have forbidden the sale and use of illegal
drugs. They are willing to prosecute those who do not obey the law. So, while
we have not been as successful as we had hoped in recent years, to abandon our
efforts now would be tantamount to losing our will. This would make a mockery
of our traditional beliefs. The average American is quite willing to stay the
course. It may take many more years to bring the epidemic of drug use under control.
The alternative is, however, to surrender a society built on a foundation of law
to the forces of anarchy. Drug Prohibition Laws Cause Crime
Advocates of legalization argue that if we repealed the laws that
currently make the production, distribution, purchase, and consumption of drugs
illegal, we would reduce the number of crimes. This is not only misleading but
untrue. The issue is whether repeal, as advocates claim, would take the profit
out of drug dealing and, in turn result in less drug violence. We believe the
answer is no. Unless legalization proponents intend to sell any drug, to any person,
at any time, in any amount desired, then a black market for drugs -- and the attendant
problems of crime and violence -- will continue to exist. If drugs are freely
available in the legal market and present addiction rates are maintained, it is
reasonable to expect that the number of persons and the amount of drugs dispensed
in the illegal market will increase. We now know the use of some drugs such as
cocaine, crack, PCP and ICE cause serious mental problems, including a propensity
for violence. So any short-term reduction of crime associated with drug distribution
would be rapidly negated by the increase in the number of drug users. As stated
before, the cost of drugs does cause some crime because users try to get money
to feed their habit. The numbers and severity of these crimes, however, does not
approach the level of violence and criminality of those under the influence of
drugs. The argument that legalization would reduce the cost of drugs rests
on the assumption that government can manufacture and distribute drugs more efficiently
than the present illegal system, thus making drugs cheaper. Cheap drugs should,
the argument states, reduce the necessity to commit crimes to finance drug purchases.
Both of these assumptions are in error. First, it is doubtful that the government
could compete against the present illegal system of distribution, particularly
if the illegal system chose to compete with the government. The current cost to
produce a kilogram of cocaine is about $300. A kilogram of cocaine sells on the
streets of Canada or the United States for $15,000 to $30,000. Today, the price
of cocaine is set by the cocaine cartel and is not subject to usual market forces
-- that is the nature of a cartel. Firmly in control of supplies, enjoying a huge
profit margin, and not burdened by the bureaucracy that would be required by government
market participation, the cartels would make competitive pricing by government
very difficult. In conclusion, if the number of abusers increased as a result
of legalization, then the amount of crime committed by users/distributors would
also increase. Any reduction of violent crime achieved by the availability of
inexpensive narcotics through government distribution would be negated by an increase
in the number of drug users. The number of crimes such as assault, child abuse,
and violence committed routinely by drug users would tend to increase as the drugs
became more readily available. This is a lesson we have learned from our experience
with alcohol abuse. It need not be repeated. It should also be noted here
that drug abuse causes a far greater range of problems to society and individuals
than just crime or violence. While this article may focus on crime and violence,
the reader should also add the problems and costs of mental disorders, youth suicides,
the spread of the HIV virus, runaway children, prostitution, single parent families,
child abuse, loss of productivity, health care costs and homelessness to the problem
of drug abuse. While the problem of crime associated with drug abuse is serious,
it is by no means the only problem associated with the misuse of both legal and
illegal drugs. High Cost of Law Enforcement Proponents
of legalization estimate the cost of law enforcement in regard to the drug problem
at about $15 billion annually. They suggest this money could be better spent on
drug rehabilitation programs. Perhaps it would be best to place this dollar figure
in context with other public expenditures. We probably spend an equal amount keeping
our fleet of aircraft carriers afloat; we spend three times as much on cosmetics;
and about one-third of the amount for electricity to keep our air conditioners
running. I would estimate that we only have about 10,000 DEA, FBI, state and local
police working on the drug problem full-time. If one compares this to the fact
we have 18,000 TWA flight attendants, 12,000 United Airlines pilots and more than
10,000 State Farm Insurance Agents in the United States; it should indicate law
enforcement is not over-staffed. In fact at every level of law enforcement,
funding is a serious problem. During the 1994 Fiscal Year the federal government
actually cut the number of FBI and DEA personnel; significantly reduced the budget
of the drug czar; and cut the assistance of the military in regard to drug interdiction
efforts. This from an administration that labels itself as anti-crime and pro-law
enforcement. Of course, if you subtract the dollar amount of the assets seized
from drug dealers during the year, the overall dollar amount expended on law enforcement
is reasonably modest. The law enforcement community would certainly endorse
building more drug treatment centers and is already working to build community
support for such projects. Considering the gravity of the drug problem, the law
enforcement community believes that an informed public would support the allocation
of funds to build adequate drug treatment centers without sacrificing our enforcement
efforts. Since this is happening in the United States and Canada, it would tend
support our contention that the public is quite willing to help with treatment
without yielding on the illegality of drug use or the cost of law enforcement.
Protection of the public by law enforcement is not competition with drug education
and treatment; these purposes are not a zero-sum game. Legalization
Will Not Result in High Drug Use Most proponents of legalization
suggest that it would not lead to dramatic rise in drug abuse. But even Nadelmann
suggested this might risky when he stated, "It is thus impossible to predict
whether legalization would lead to greater levels of drug abuse, and exact comparable
to most of alcohol and tobacco abuse." Faced with what has happened with
alcohol and tobacco abuse after sanctions were lifted on those substances, it
difficult to understand why it is impossible to predict the consequences of legalization
of illicit drugs. Other historical examples showed what can happen when dangerous
substances are not controlled. China's experience with opium from 1830 to 1930
is revealing. The Moslem Empire of the 11th century, the Inca Indians, the Japanese,
and the Egyptians all experienced significant drug dependency problems in their
histories. The British significantly failed in their recent attempt to control
heroin abuse through the medical process. We should also remember that morphine
and cocaine were readily available in the form of patent medicines after the Civil
War. The result was that America experienced a drug abuse problem similar in scope
to what we see today. In general terms, most societies throughout history have
had problems with drugs or drug abuse. Those societies that solved the problem
did so in the same fashion we are trying today. You can also draw relevant
information from the level of abuse of currently legal drugs such as Valium. Our
experience with methaqualone (quaaludes), oxycondone (Percodan) and hydromorphone
(Dilaudid) gives sufficient evidence that the control of legal drugs is difficult,
expensive and not always successful. In each case, the drug has been widely abused,
despite the prescription process. Illegally diverted or manufactured substances
have found their way into the black market. All these facts show that if presently
illicit drugs were legalized, whether they were distributed by the private or
the public sector, people disposed to drug use would use them. Generalized use
could rise, and the illegal means of meeting demand would continue. Finally,
the experiment the Americans conducted with Prohibition is, generally, remembered
as a failure and, after a few years, the amendment was repealed. Actually, it
was not a total failure as per capita alcohol consumption dropped significantly
during those years. After the repeal consumption levels rose to their former levels.
Since that time, we have had millions of alcoholics who destroyed themselves;
made life miserable for their families; and killed thousands of innocent people
on the highways. It is difficult to understand, when faced with the plague of
alcohol we have struggled with over the past fifty years, why anyone in their
right mind would even consider the legalization of substances that are as dangerous
and, in most cases, far more destructive to the human condition than alcohol. Give
consideration to the claim that illicit drugs are not, and would not, become as
popular as tobacco and alcohol. This is a hazardous assumption. Given the facts
that most narcotics give the user a euphoric feeling and that drug traffickers
have shown themselves to be extremely shrewd at marketing strategies, it would
be prudent to assume drug demand would increase upon legalization. Much more important
than legalization is mobilizing community pressure against all forms of drug abuse,
as is being done with tobacco and alcohol. Legalization would not result
in millions of rushing out to buy and use drugs. I would predict there would be
a modest increase in the number of adult users, but a significant increase in
the number of children experimenting with drugs. Since most of the current illegal
drugs are most harmful to the brain, it is disturbing to think our society would
willingly offer this type of experimentation to the young who are not yet fully
capable of making informed decisions. In conclusion, legalization promises
no improvement in our drug abuse problem and, unnecessarily, risks an increase
of drug abuse. Illicit Drugs Are Not as Dangerous as Believed Legalization
arguments depend on two additional assumptions: first, that illicit drugs are
not as dangerous as is commonly believed, and second, that since some illicit
drugs are highly dangerous, they are not likely to be popular. With respect to
the first assumption, it is enough to say the medical community disagrees, as
does every police officer, because they routinely come into contact with people
debilitated by drugs from marijuana to Crack. The claim that illicit drugs are
not dangerous falls of its own weight in the face of experience. The medical research
community admits that the current progress of research is insufficient to say
exactly how dangerous illicit drugs are to physical and mental health. Funding
for additional medical research should be a high priority so that they can grasp
the full measure of risk. For the present, we have enough information from emergency
room and morgue records, accident statistics, and mental health professionals
to know that the dangers are real. As drug epidemics ebb and flow, and new substances
are introduced into the marketplace, we tend to neglect such evidence. It was
just a few years ago that cocaine was thought by many to be safe and non-addicting.
The early studies of marijuana indicated some potential long-term health hazards.
Most of these studies, however, were done with samples that contained half the
THC now present in the sinsemilla and hydroponic varieties of marijuana. Current
research tends to support the hypothesis that marijuana is a significant health
hazard and has a debilitating effect on motor skills. These are skills used in
driving, flying or handling a locomotive. The consequences of these types of motor
impairment have become all too familiar. The claim that illicit drugs are
not as dangerous as believed is wrong, and those who diminish the realism of the
debate about legalization are wrong too! Drug Addiction should
be Handled as a Public Health Problem There is no question, or
argument, about addiction being a health problem. There may be some question about
whether or not the public should pay for the rehabilitation of an individual who
is drug dependent through his/her own actions. But, when one considers the only
other alternative to rehabilitation is prison time, it has to be agreed that rehabilitation
is, on the surface, a much cheaper alternative. This argument depends of the success
rate of rehabilitation, which, at the present time, is not encouragingly high.
But, most observers would agree that the success of incarceration is not particularly
high either. In my opinion, most criminal justice personnel would support the
concept of rehabilitation for offenders if no violence were involved, the individual
clearly had a drug problem, and the offender was not an individual who had a history
of other serious offenses. This alternative could be offered on a one time basis
and, I think, would be better than processing the offender within the criminal
justice system. However, we should be aware that in adopting a social policy of
this type, it would be the first time -- as a matter of social policy -- we have
not held the individual responsible for actions that are against the law. To date,
our society has not done this with most criminals, smokers, alcoholics, or drug
abusers. We have, however, tried to alleviate the problem of unwanted pregnancies
through public financing of abortions. Through public welfare we have also tried
to eliminate other problems associated with poverty. The success of these programs
has been limited except for those who profit from their administration. So, we
have tried some alternative programs. The essential question is: What other choices
do we have? At present, the answer is none. Therefore, with reluctance, I would
say this is not a time for philosophical debate! We can sort out the philosophical
arguments later. We have fooled around with the problem of drug abuse too long
and the list of innocent victims who bear the consequences of our inaction is
virtually endless. Clearly, we must find alternative ways to treat those who are
drug dependent before more lose control of their lives. They imperil us all by
their dysfunctional behavior. Conclusion In my
view, the proponents of legalization have not made a case for the freedom of individuals
to choose to use illicit drugs -- regardless of the consequences. I believe the
threat of intemperate drug use, whether legal or illegal, is a significant threat
to our common welfare. The problem incurred by removing current sanctions would
only make the threat more pronounced. We should protect ourselves, by legislation,
where sanctions meet the combined test of common sense and the constitutions of
the United States and Canada. It is interesting that those making an argument
for the legalization of illicit drugs have not, recently, made similar arguments
on behalf of the common drunk. The drunk has become the leper in our society because
of his/her behavior while intoxicated. The alcoholic is no longer considered,
in some quarters, to be without responsibility for his conduct. His conduct is
in violation of the standards of common decency. Being drunk is not given any
weight as an excuse for violent or abusive behavior. Our system of justice is
punishing the drunk driver more severely than ever before. Where are the defenders
of the drunk? Where are the defenders of the smoker these days? Simply put, staunch
defenders of the drunk and the smoker are gone because many have recognized that
tolerance has adverse affects on the individual and society. Laws have been strengthened
and the sanctions of custom are being used to discourage consumption. While
some commentators would suggest the problem of drug abuse is made worse by the
repressive measures of the criminal justice system, it is more reasonable to assume
that the underlying cause of our problems lays within ourselves. Whether the causes
reflect an absence of high personal standards, greed, the inability to cope with
rapid change, or involuntary confinement to poverty, we must come to grips with
the fact that a large number of people in our culture turn to drugs for relief.
Law enforcement cannot address these basic problems alone. Considering the nature
and the complexities of the underlying problems, it is obvious to us that the
institutions of the family, education, religion, business, industry, media, and
government all have crucial stakes in the solution. Drug abuse in North American
is no longer someone else's problem, it is a problem that each of us faces every
day! We need not haggle over how much each of us should do to bring the
problem under control. We should not vilify those who suggest a different approach,
or pass additional legislation in a hysterical atmosphere. This is a time to decide
our best means and remedies for facing the problems, and move, forthrightly, to
reduce the problem to tolerable levels. For the short term, the law enforcement
community hopes to continue to maintain reasonable and prudent pressure on supply-interdiction
and vigorous enforcement of the existing laws. At the same time, they hope to
continue to develop demand-reduction programs. This will buy time so that more
solutions can be developed and more players brought into the contest. In this
regard, the law enforcement community should stand ready to share our knowledge,
resources, and dedication to solving the problem with any institution, public
or private, at any time. We have made mistakes have in our attempts and
strategies to control drug abuse. Most mistakes were made in good faith, and many
have been corrected. Still, agencies need to develop ways to work collaboratively.
While competition is healthy, it is time to put away the rivalry of the past.
If we do not put our insatiable quest for credit and status aside, then, this
society will render a harsh judgment. We will have squandered the trust they have
placed on us. It is also time for the mass media, the armchair critics, the educators,
and all those who have a stake to begin reading from the same sheet of music.
All of us should be sensitive to criticism from any quarter, but rather than dwell
on finding scapegoats, we really should be working together -- as men and women
of good faith -- in an attempt to safeguard present and future generations. Controlling
the problems of narcotics will take a long time. It is going to be as simple --
or ostensibly as easy -- as the mere legalization of illicit drugs. As we
continue this struggle against drug abuse it is wise to bear in mind George Santayana's
line in Life of Reason, "Those who cannot remember the past are
condemned to repeat it." The National Executive Institute Associates
Leadership Bulletin editor is Edward J. Tully. He served with the FBI as a Special
Agent from 1962 to 1993. He is presently the Executive Director of the National
Executive Institute Associates and the Major City Chiefs. You can reach him via
e-mail at tullye@aol.com or by writing to 308 Altoona Drive, Fredericksburg, Virginia
22401 |