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September 02, 2009
same old "a harm for a harm" policy, with new defenders
Esquire Magazine has an interesting piece with the exciting (for me, at least) title of A Radical Solution to End the Drug War: Legalize Everything: One cop straight out of The Wire crunches the numbers with Esquire.com's political columnist to discover that America's prohibition of narcotics may be costing more lives than Mexico's -- and nearly enough dollars for universal health care. So why not repeal our drug laws? Because cops are making money off them, too.As an advocate of drug legalization (which I prefer to call relegalization, for obvious reasons), I'm delighted every time I see the argument advanced, especially at something more mainstream than the usual hard core libertarian sites -- or the various "stoner" sites. As I'm not a pothead, I'm not interested in the partisan approach to lifestyle vindication, and while I think aggressive lifestyle advocacy has its place, it tends to get in the way of serious discussion, and invites distracting ad hominem, "Culture War" style invective. What fascinates me the most right now is what appears to be a new trend of anti-legalization snarkiness coming from pro-Obama people. Had the same Esquire piece come out during Bush's tenure, reaction against it would have been been expected from Republican and conservative circles. I guess it shouldn't surprise me to see that with a new administration, new standard bearers and new flak catchers are emerging. Now that liberals are running the drug war, the task falls on liberals to defend it, and Mark Kleiman is among those who has stepped up to the plate. Esquire publishes yet another drug-leglization screed. Whoever does press relations for Law Enforcement Against Prohibition deserves a bonus.Anyone looking for an intelligent discussion of constitutional or moral arguments will be disappointed, though, as Kleiman's arguments are utilitarian in nature. Parenthetically, (and this is old stuff), I think it is patently evil to imprison people for self harm. Moreover, if abortion and "sodomy" cannot constitutionally be made crimes, on what basis can ingestion of substances? But this is off topic, and I realize that it is unreasonable to expect consistency from the state. I learned about Kleiman's snarky dismissal of the Esquire piece from Pete at Drug WarRant, who concludes, Legalization is on the table. It is a point of discussion. It cannot be ignored or merely pushed off as so politically impractical to negate consideration. Those who would lead policy will have to be willing to have serious discussion about it, or they'll be left behind.Actually, I'm not sure that Kleiman's goal is so much a serious policy discussion so much as it is defend the Obama administration (as he does here) when the subject of legalization comes up. Bear in mind that when Bush was president, Kleiman was in favor of legalizing personal use and growing of marijuana: Allow use of cannabis, and growing for personal use or gratis distribution. Forbid commercial activity.Whatever. But policy is policy, and liberal policies require liberal defenses by liberal public policy experts. When Obama's new Drug Czar Gil Kerlikowske was appointed, Kleiman sang his praises as a "respected voice on gun and drug policy," and as a "welcome change." "Respected" is one of those words which depends on who does the respecting. The man's long record of support for gun control (documented here by Dave Kopel) would alone do much to endear him to Obama supporters. But as this report makes clear, Kerlikowske is anything but pro-legalization. "Legalization is not in the president's vocabulary, and it's not in mine," [Kerlikowske] said.(Via Timothy Sandefur.) Hey, at least they didn't put him in charge of guns. God spare us from the policy people. But someone has to do it, right? I'm just curious: how many libertarians are interested in the field of public policy? Are they turned off by the field? Do public policy schools screen them out? Does anyone know? Incidentally, the federal government has admitted that 98% of the eradicated marijuana is not cultivated, but is simply wild "ditchweed" -- with little or no psychoactive properties. According to the data, available online at: albany.edu/sourcebook/pdf/t4382005.pdf of the estimated 223 million marijuana plants destroyed by law enforcement in 2005, approximately 219 million were classified as "ditchweed," a term the agency uses to define "wild, scattered marijuana plants [with] no evidence of planting, fertilizing, or tending." Unlike cultivated marijuana, feral hemp contains virtually no detectable levels of THC, the psychoactive component in cannabis, and does not contribute to the black market marijuana trade.Hmmm... So it would be technically true that the marijuana they're eradicating has no medicinal value. But OTOH, ditchweed cannot be said to be "dangerous" -- even if we assume for the sake of argument that psychoactive marijuana harms its users. What I can't quite grasp is the notion that self harm should be aggravated by the additional (and very serious) harm of criminal punishment in the form of imprisonment. I realize the theory is that harm punishes harm, and harm deters harm, and I can understand it if the goal is to punish or deter harm to others. In that respect, I could even understand the Islamic idea that cutting off the hands of thieves deters theft. But prison for drugs is like cutting the arm off a man for cutting off his own hand. Whipping a masochist for having had himself whipped. Having a man raped because he engaged in "sodomy," or raping a woman for having had unlawful intercourse. It's worse than an eye for an eye, as it's a perversion of the doctrine, and I have long wished that conservatives would stop defending it. So I don't know whether I should be glad to see liberals stepping up to the plate, or whether I should worry about a growing statist consensus. posted by Eric on 09.02.09 at 12:47 PM
Comments
I wish I still knew this aging hippy I used to hang out with. He was always ranting on about how if only Democrats were in charge they would legalize drugs, it was the Republicans who were meanly keeping them illegal. He excused Clinton's first two years because they couldn't "do everything at once".
Veeshir · September 2, 2009 02:13 PM I'm on a drug legalization message board. Mostly lefties. Every time I bring up the fact that Obama has gone back on his promises I catch flack. I keep telling them to take the issue beyond party. So far they seem hard of hearing. M. Simon · September 2, 2009 05:49 PM Can grasp: Why someone might think that narcotics should be illegal. Can't grasp: Why anyone would think that a law enforcement budget should be spent burning ditchweed. Fearsome Comrade · September 2, 2009 06:47 PM The liberal coalition has always included a hedonist wing and a puritan wing. The hedonists are the puritans' dupes. Brett · September 3, 2009 09:09 AM Bob Barr got it and made an about face on drug law. Ralph Nader always has viewed drug law as ridiculous and anti American, anti liberty. http://www.nolanchart.com/article5073.html As Ralph said, not a dimes worth of difference between our two of the same party system. Lee · September 3, 2009 09:52 AM Post a comment
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it's all politics, it's all about jobs for the party in power. it's all fundraising.
there is no rational argument against re-legalization