The War on Drugs “No Need For A Name” Paul Allen Karla Conzelman Postra Kuoy Jasmin Sanchez.

The War on DrugsThe War on Drugs

““No Need For A Name”No Need For A Name”Paul AllenPaul Allen

Karla ConzelmanKarla Conzelman

Postra KuoyPostra Kuoy

Jasmin SanchezJasmin Sanchez

The Failure of the The Failure of the US War on DrugsUS War on Drugs

• More than 75% of the population More than 75% of the population believes that the US War on Drugs is a believes that the US War on Drugs is a failure.failure.

• In the proceeding analysis, the usage In the proceeding analysis, the usage of illicit substances is neither of illicit substances is neither condoned nor condemned.condoned nor condemned.– All drug use is harmful and potentially All drug use is harmful and potentially

lethal. Knowing the consequences, each lethal. Knowing the consequences, each person should have the option of making person should have the option of making informed choices.informed choices.

Timeline of LegislationTimeline of Legislation1906 - Food and Drugs Act of 19061906 - Food and Drugs Act of 1906

This act did not create prohibitions - what it did This act did not create prohibitions - what it did do was ensure that products met standards of do was ensure that products met standards of purity, and were honestly labeled. purity, and were honestly labeled.

1905 - 1917 Many states began to ban alcohol and 1905 - 1917 Many states began to ban alcohol and other drugs.other drugs.

1914 - The first national legislation, the Harrison 1914 - The first national legislation, the Harrison Narcotics Control Act. Intended as a law to Narcotics Control Act. Intended as a law to regulate the sale of certain narcotics (opium, regulate the sale of certain narcotics (opium, heroin, cocaine). While claims were made that heroin, cocaine). While claims were made that this law was not to be prohibitionary, the taxes this law was not to be prohibitionary, the taxes relating to the sale of the regulated substances relating to the sale of the regulated substances were ultimately raised to a level that made them were ultimately raised to a level that made them prohibitionary in nature. The seeds for the prohibitionary in nature. The seeds for the modern drug war were sewn. modern drug war were sewn.

Timeline of LegislationTimeline of Legislation

1917 - 181917 - 18thth amendment goes into effect, creating a amendment goes into effect, creating a nationwide prohibition of alcohol.nationwide prohibition of alcohol.– Initially alcohol consumption dropped, but in a few short Initially alcohol consumption dropped, but in a few short

years organized crime gangs filled the demand for years organized crime gangs filled the demand for alcohol. Violence and crime flourished, funded by the ill-alcohol. Violence and crime flourished, funded by the ill-gotten gains of the illegal alcohol black market. Alcohol gotten gains of the illegal alcohol black market. Alcohol use steadily rose to exceed pre-prohibition levels.use steadily rose to exceed pre-prohibition levels.

1933 - 21st amendment to the constitution was 1933 - 21st amendment to the constitution was ratified, repealing the 18th amendment and ratified, repealing the 18th amendment and ending national alcohol prohibition. The laws ending national alcohol prohibition. The laws relating to other drugs however, remained in relating to other drugs however, remained in place.place.

1937 – A new tax introduced, targeting Marijuana, a 1937 – A new tax introduced, targeting Marijuana, a commonly used commonly used legallegal drug. drug.

Timeline of LegislationTimeline of Legislation

1961 – The UN adopted the Single 1961 – The UN adopted the Single Convention Treaty on Narcotic Drugs, Convention Treaty on Narcotic Drugs, opening the way for more stringent opening the way for more stringent enforcement. The CIA went into Vietnam enforcement. The CIA went into Vietnam and heroin began to flow into America and heroin began to flow into America from Asia. from Asia.

1965 - Drug Abuse Control Amendments 1965 - Drug Abuse Control Amendments were passed, creating the Bureau of Drug were passed, creating the Bureau of Drug Abuse Control. Abuse Control.

Timeline of LegislationTimeline of Legislation

1969 – President Nixon declares war 1969 – President Nixon declares war on drugs and crime. on drugs and crime.

1970 - Modern "War On Drugs" is born 1970 - Modern "War On Drugs" is born as the "Comprehensive Drug Abuse as the "Comprehensive Drug Abuse Prevention and Control Act". Prevention and Control Act".

1973 - Nixon reorganizes various 1973 - Nixon reorganizes various federal drug law enforcement federal drug law enforcement agencies creating the Drug agencies creating the Drug Enforcement Agency, or DEA.Enforcement Agency, or DEA.

Timeline of LegislationTimeline of Legislation

1986 - Nancy Reagan begins the "Just Say No" 1986 - Nancy Reagan begins the "Just Say No" campaign. While there is an initial drop in drug campaign. While there is an initial drop in drug use, drug use again rises rapidly within a few use, drug use again rises rapidly within a few years.years.

1988 - The Office Of National Drug Control Policy 1988 - The Office Of National Drug Control Policy (ONDCP and position of the "Drug Czar) is formed.(ONDCP and position of the "Drug Czar) is formed.

1994,1997 - the RAND Corporation releases reports 1994,1997 - the RAND Corporation releases reports showing that drug treatment and education is 7 showing that drug treatment and education is 7 times more cost effective than criminal times more cost effective than criminal interdiction.interdiction.

Current StatusCurrent Status• At the federal level the Controlled At the federal level the Controlled

Substances Act, and it's various Substances Act, and it's various amendments, is the law of the land. It amendments, is the law of the land. It outlines severe criminal penalties for outlines severe criminal penalties for making, selling, and/or using the making, selling, and/or using the substances it controls, such as marijuana, substances it controls, such as marijuana, ecstasy, peyote, heroin and cocaine.ecstasy, peyote, heroin and cocaine.– The act is enforced by the Drug Enforcement The act is enforced by the Drug Enforcement

Administration (DEA). Although 8 states have Administration (DEA). Although 8 states have made medical marijuana completely legal, the made medical marijuana completely legal, the DEA claims federal jurisdiction, and has DEA claims federal jurisdiction, and has enforced the laws in these states, going so far enforced the laws in these states, going so far as to arrest and imprison bedridden terminally ill as to arrest and imprison bedridden terminally ill patients for using doctor prescribed marijuana.patients for using doctor prescribed marijuana.

Current StatusCurrent Status• In terms of civil liberties, the In terms of civil liberties, the

Supreme Court has generally ruled in Supreme Court has generally ruled in favor of increasing police powers and favor of increasing police powers and decreasing citizen privacy when drug decreasing citizen privacy when drug war issues are tried. war issues are tried.

Costs to SocietyCosts to SocietyIn terms of deaths per year.• Approximately 7,000 people die each Approximately 7,000 people die each

year from drug overdose. year from drug overdose. – 80% of drug deaths (5,600) are due to 80% of drug deaths (5,600) are due to

impurities and other factors that would not impurities and other factors that would not be present in legal preparations. be present in legal preparations.

• Because needle sales are banned, Because needle sales are banned, shared needles have become the shared needles have become the primary mode of AIDS transmission in primary mode of AIDS transmission in the U.S.the U.S.– approximately 3,500 new cases/year. approximately 3,500 new cases/year.

• The turf wars over drug territory result The turf wars over drug territory result in gang shootings in which innocents in gang shootings in which innocents – 1,600 annually are killed.1,600 annually are killed.

Costs to SocietyCosts to SocietyIn terms of deaths per year, continued• Because drug prohibition makes the price of drugs Because drug prohibition makes the price of drugs

almost 100 times higher than they otherwise would almost 100 times higher than they otherwise would be, addicts rob to support their habit, killing many be, addicts rob to support their habit, killing many of their victims in the process of their victims in the process – about 750 each year. about 750 each year.

• Therefore, the death toll caused by the War on Therefore, the death toll caused by the War on Drugs 5,600+3,500+1,600+750=11,450 Drugs 5,600+3,500+1,600+750=11,450 – If drugs were legalized, the death toll of drugs would beIf drugs were legalized, the death toll of drugs would be

• 20% of 7000=1400, approximately 8 times less.20% of 7000=1400, approximately 8 times less.

• Since an estimated one out of eight people in the Since an estimated one out of eight people in the U.S. use illegal drugs regularly, the U.S. use illegal drugs regularly, the whole whole populationpopulation would have to use them in a legal would have to use them in a legal setting for the death toll to be as high as it is under setting for the death toll to be as high as it is under drug prohibition.drug prohibition.

• These estimates are consistent with the death toll These estimates are consistent with the death toll per capita from drugs in Amsterdam, which does per capita from drugs in Amsterdam, which does not prosecute users. not prosecute users.

Average Annual Deaths, Average Annual Deaths, as per National Institute for Drug Abuse, 1974-1987as per National Institute for Drug Abuse, 1974-1987

390

8050

4.50

50

100

150

200

250

300

350

400

Deaths - THOUSANDS

Tobacco

Alcohol

Second-Hand Smoke

All Illegal DrugsCombined

Cost to SocietyCost to Society• The cost to put a single drug dealer in jail is about The cost to put a single drug dealer in jail is about

$450,000, composed of: $450,000, composed of: – The cost for arrest and conviction is about $150,000. The cost for arrest and conviction is about $150,000. – The cost for an additional prison bed ranges $50,000 to The cost for an additional prison bed ranges $50,000 to

$150,000, depending upon the jurisdiction. $150,000, depending upon the jurisdiction. – It costs about $30,000 per year to house a prisoner. With It costs about $30,000 per year to house a prisoner. With

an average sentence of 5 years, that adds up to another an average sentence of 5 years, that adds up to another $150,000. $150,000.

• The same $450,000 can provide treatment for The same $450,000 can provide treatment for about 200 people. about 200 people.

• In addition, putting a person in prison produces In addition, putting a person in prison produces about fifteen dollars in related welfare costs, for about fifteen dollars in related welfare costs, for every dollar spent on incarceration. Every dollar every dollar spent on incarceration. Every dollar spent on treatment and education saves about spent on treatment and education saves about five dollars in related welfare costs. five dollars in related welfare costs.

Prison PopulationsPrison Populations(As per the Federal Bureau of Prisons)(As per the Federal Bureau of Prisons)NOTE: Under testimony, the FBOP estimates that approximately NOTE: Under testimony, the FBOP estimates that approximately

50% of inmates in the “drug offenses” category are first 50% of inmates in the “drug offenses” category are first time, non-violent offenders.time, non-violent offenders.

59.6%

9.80%

5.50% 6.80%

2.70%

8.60%

1%2.80%

0.80% 0.10% 0.80% 1.50%

0%

10%

20%

30%

40%

50%

60%

70%

Offense

Drug Offenses

Robbery

Property Offenses

Extortion Fraid, Bribery

Violent Offenses

Firearms, Explosives, Arson

White Collar

Immigration

Courts or Corrections

National Security

Continuing Criminal Enterprise

Miscellaneous

Comparison of Average Comparison of Average SentencesSentences(As per the Federal Bureau of Prisons) (As per the Federal Bureau of Prisons)

82.4

73.866.9

33.426.8 24.6

20

0

10

20

30

40

50

60

70

80

90

Offense

1st time DrugoffenseFirearms

Sexual Abuse

Assault

Manslaughter

Burglary

Auto Theft

Sentence lengths shown in monthsSentence lengths shown in months

Mandatory MinimumsMandatory Minimums

• Federal mandatory minimum sentences are Federal mandatory minimum sentences are determined solely by the weight of the drugs. determined solely by the weight of the drugs. The prisoner must serve at least 85% of this The prisoner must serve at least 85% of this sentence, and there is no parole available sentence, and there is no parole available – In comparison, a In comparison, a violentviolent offender will serve less offender will serve less

than 54% of his sentence on average.than 54% of his sentence on average.

• Sentences are mandatory – judges must Sentences are mandatory – judges must impose them, regardless of the defendant's impose them, regardless of the defendant's role in the offense, his culpability, likelihood role in the offense, his culpability, likelihood of rehabilitation, or any other mitigating of rehabilitation, or any other mitigating factors. factors.

Mandatory MinimumsMandatory Minimums• Opposed most notably by the American Opposed most notably by the American

Bar Association, the U.S. Sentencing Bar Association, the U.S. Sentencing Commission and Human Rights Watch.Commission and Human Rights Watch.

• In 1978, the number of imprisoned parents In 1978, the number of imprisoned parents was 21,000. By 1990, it had risen to was 21,000. By 1990, it had risen to 1,000,000.1,000,000.

• Since mandatory minimums were enacted, Since mandatory minimums were enacted, the number of women inmates has tripled. the number of women inmates has tripled. The majority of these women are first-The majority of these women are first-time, nonviolent, low-level offenders.time, nonviolent, low-level offenders.– Over 80% of the female prisoners in the United Over 80% of the female prisoners in the United

States are mothers, and 70% of these are States are mothers, and 70% of these are single parents. single parents.

Mandatory MinimumsMandatory Minimums• Mandatory minimums are costly financially Mandatory minimums are costly financially

– The portion of tax dollars that goes to support The portion of tax dollars that goes to support federal prisoners grows faster than any other federal prisoners grows faster than any other federal expenditure, including education, defense, federal expenditure, including education, defense, the environment, transportation and social security. the environment, transportation and social security.

– Since the enactment of mandatory minimum Since the enactment of mandatory minimum sentencing for drug users, the Federal Bureau of sentencing for drug users, the Federal Bureau of Prisons budget increased by more than 1,350%, Prisons budget increased by more than 1,350%, from $220 million in 1986 to about $3.19 billion in from $220 million in 1986 to about $3.19 billion in 1997. 1997.

– It costs more to send a person to prison for four It costs more to send a person to prison for four years than it does to send him to a private years than it does to send him to a private university for four years, including tuition, fees, university for four years, including tuition, fees, room and board, books and supplies. (Bureau of room and board, books and supplies. (Bureau of Prisons) Prisons)

How much has the How much has the Drug War cost so far Drug War cost so far

this year?this year?

cost of drug war clockcost of drug war clock(link to webpage)(link to webpage)

The Case Against Drug The Case Against Drug Prohibition and the Drug Prohibition and the Drug

War:War: Generally fall into one of four Generally fall into one of four

categories:categories:

• Anti-ProhibitionistsAnti-Prohibitionists

• Drug Law ReformersDrug Law Reformers

• Treatment/Education/Harm Treatment/Education/Harm ReductionistsReductionists

• Drug RegulationistsDrug Regulationists

Anti-ProhibitionistsAnti-Prohibitionists

• The main point of those in the anti-prohibition The main point of those in the anti-prohibition movement is that prohibition does not work; movement is that prohibition does not work; prohibition does not stop the making, selling, prohibition does not stop the making, selling, buying and using of recreational drugs.buying and using of recreational drugs.

• A second point of the anti-prohibitionists is that A second point of the anti-prohibitionists is that America's current drug law prohibitions only result America's current drug law prohibitions only result in creating a black market, where all moneys from in creating a black market, where all moneys from recreational substance distribution go to drug recreational substance distribution go to drug dealers, drug lords, gangs and organized crime.dealers, drug lords, gangs and organized crime.

• Anti-prohibitionists also claim that the black Anti-prohibitionists also claim that the black market caused by prohibition actually makes market caused by prohibition actually makes children, young teens especially, at greater risk children, young teens especially, at greater risk for drug use. for drug use.

Anti-ProhibitionistsAnti-Prohibitionists(According to the Drug Policy (According to the Drug Policy

Forum) Forum)

The rate of addiction in 1914 The rate of addiction in 1914 was about 1.3% of the was about 1.3% of the population, and hard drugs population, and hard drugs - drugs like cocaine - were - drugs like cocaine - were readily available on grocery readily available on grocery shelves. shelves.

In 1979, before the big "War In 1979, before the big "War on Drugs" crackdown, the on Drugs" crackdown, the addiction rate was still addiction rate was still 1.3%. 1.3%.

In 1998? Still about 1.3%. In 1998? Still about 1.3%. Is such a large budget Is such a large budget

justified?justified?

Anti-ProhibitionistsAnti-ProhibitionistsAugmenting the Black Market?Augmenting the Black Market?(According to FBI statistics)(According to FBI statistics)

• One third of robberies and burglaries One third of robberies and burglaries is committed to obtain money for is committed to obtain money for high-priced, black market drugs.high-priced, black market drugs.

• Up to 40% of murders in major cities Up to 40% of murders in major cities and 20% of killings nationwide occur and 20% of killings nationwide occur in the drug trade.in the drug trade.

Drug Law ReformersDrug Law Reformers

• A common point of drug law reformers is A common point of drug law reformers is that individuals should have the right to use that individuals should have the right to use whatever medication they wish; at the very whatever medication they wish; at the very least in concert with their doctor. least in concert with their doctor.

• A further concept is that responsible A further concept is that responsible recreational use of certain substances can recreational use of certain substances can be an important part of a healthy lifestyle. be an important part of a healthy lifestyle. They point out that alcohol is among the They point out that alcohol is among the most dangerous of recreational drugs, yet is most dangerous of recreational drugs, yet is well tolerated as a legal and regulated drug. well tolerated as a legal and regulated drug.

Treatment/Education/Harm Treatment/Education/Harm ReductionistsReductionists

• The treatment and education camp's The treatment and education camp's view is that problems of drug use and view is that problems of drug use and abuse should be addressed through harm abuse should be addressed through harm reduction and treatment - reduction and treatment - not though not though criminalitycriminality, in much the same way that , in much the same way that alcohol problems are dealt with. alcohol problems are dealt with. – Studies, such as one produced by RAND Studies, such as one produced by RAND

Corp., indicate that treatment is 7 times Corp., indicate that treatment is 7 times more effective than criminal incarceration.more effective than criminal incarceration.

Treatment/Education/Harm Treatment/Education/Harm ReductionistsReductionists

• Harm reductionists also claim that criminalized drug Harm reductionists also claim that criminalized drug black markets create an additional threat to society.black markets create an additional threat to society.– People with substance problems are afraid to come forward due People with substance problems are afraid to come forward due

to the fear of criminal sanctions.to the fear of criminal sanctions.– There are no environmental controls, no laboratory standards There are no environmental controls, no laboratory standards

or appropriate equipment.or appropriate equipment.• No purity or strength conformity standards.No purity or strength conformity standards.• Production in clandestine operations, and places the Production in clandestine operations, and places the

environment in potentially great harm. environment in potentially great harm. – These operations yield upwards of five pounds of toxic These operations yield upwards of five pounds of toxic

byproduct for every pound of drug produced – byproduct for every pound of drug produced – hazardous waste that’s not being properly disposed of. hazardous waste that’s not being properly disposed of.

– Waste products are routinely spilled onto the ground, Waste products are routinely spilled onto the ground, polluting soil and water systems or left behind polluting soil and water systems or left behind

Drug RegulationistsDrug Regulationists

The drug regulation groups like to The drug regulation groups like to show that needless tax dollars are show that needless tax dollars are lost to the illegal drug black market, lost to the illegal drug black market, and if recreational drugs were and if recreational drugs were regulated like alcohol, the resultant regulated like alcohol, the resultant tax revenues could be used to fund tax revenues could be used to fund effective treatment programs. effective treatment programs.

Federal Financial Analysis of Federal Financial Analysis of Legalization of Drugs Legalization of Drugs

• This Federal financial analysis of This Federal financial analysis of legalization comes from Theodore R. legalization comes from Theodore R. Vallance, Former chief of the Planning Vallance, Former chief of the Planning Branch of the National Institutes of Branch of the National Institutes of Mental Health. His main professional Mental Health. His main professional effort for many years was directed at effort for many years was directed at just this sort of analysis. The analysis just this sort of analysis. The analysis was published in the 7-10-95 issue of was published in the 7-10-95 issue of National Review. National Review.

Reductions (in millions of $ From To SavingDirectLaw Enforcement 13,203 3,300 9,903*Interdiction costs 2,200 0 2,200*International anti-drug 768 384 384

399 40 359

ONDCP (the "drug czar") 69 17 52IndirectVictims of Crime 842 210 632Incarceration 4,434 887 3,547Crime careers 13,976 2,679 11,297

________Subtotal 28,374Less increase in prevention research and service -3,572Less increase in treatment research and service -2,802

________Subtotal 22,000Plus net income from drug taxes 15,000

________Total 37,000*1993 Figures.

*OCDETF (Organized Crime & Drug Enforcement Task

Force)

Critical IssuesCritical Issues• Civil Rights:Civil Rights: Does a person have the right to use a recreational Does a person have the right to use a recreational

substance? Does a person have a right to access whatever medication substance? Does a person have a right to access whatever medication they and their doctor agree upon for treatment of any condition? they and their doctor agree upon for treatment of any condition? Should a person be imprisoned responsible, recreational substance Should a person be imprisoned responsible, recreational substance usage?usage?

• Criminal Issues:Criminal Issues: Do recreational substances cause crimes (other than Do recreational substances cause crimes (other than use?) Is drug war related crime a consequence of the drug laws as use?) Is drug war related crime a consequence of the drug laws as opposed to the drugs themselves? Does prohibition result in increased opposed to the drugs themselves? Does prohibition result in increased profits for drug dealers, drug lords, and terrorists?profits for drug dealers, drug lords, and terrorists?

• Effectiveness Of ProhibitionEffectiveness Of Prohibition: Do prohibition laws work? Is the : Do prohibition laws work? Is the manufacture, trade, and use of recreational substances halted? Is manufacture, trade, and use of recreational substances halted? Is prohibition cost effective?prohibition cost effective?

• Funding for Treatment:Funding for Treatment: Is treatment more cost effective than Is treatment more cost effective than prohibition in curbing recreational substance abuse? Are adequate prohibition in curbing recreational substance abuse? Are adequate funds available for treatment by those in need?funds available for treatment by those in need?

• Education:Education: Is recreational substance related education being Is recreational substance related education being addressed in an effective way? Is the "abstinence only" approach addressed in an effective way? Is the "abstinence only" approach productive in reducing drug abuse?productive in reducing drug abuse?

• Law Enforcement:Law Enforcement: Have drug enforcement tactics resulted in police Have drug enforcement tactics resulted in police abuses? Has corruption in police departments increased as a result of abuses? Has corruption in police departments increased as a result of the drug war? Have innocent citizens been harmed or killed by police the drug war? Have innocent citizens been harmed or killed by police in pursuit of the drug war?in pursuit of the drug war?

• Taxes and Spending:Taxes and Spending: Are tax dollars being spent most effectively with Are tax dollars being spent most effectively with current government policies? If regulated like alcohol, instead of current government policies? If regulated like alcohol, instead of prohibited, would the sale of recreational substances generate tax prohibited, would the sale of recreational substances generate tax revenues that could be used for treatment and education?revenues that could be used for treatment and education?

Critical IssuesCritical Issues From a Business Perspective From a Business Perspective

• Relate the US Government and the War Relate the US Government and the War on Drugs to a business and it’s policies.on Drugs to a business and it’s policies.– Good Cash Management to minimize income. Good Cash Management to minimize income.

However, this relates to the maximization of However, this relates to the maximization of tax savings, so the government doesn’t need tax savings, so the government doesn’t need to utilize this strategy.to utilize this strategy.

– Businesses with reoccurring NOI losses would Businesses with reoccurring NOI losses would quickly dismantle, restructure, or come under quickly dismantle, restructure, or come under investigation for illegal practices.investigation for illegal practices.