Herding Junkies

Peter Moskos of Law Enforcement Against Prohibition takes a look at what the drug war means from a law enforcement perspective.

As a police officer, I responded when citizens called 911 to report drug dealing. Those calls didn't tell me much, though, because I already knew the drug corners. And what could I do? When a police car pulls up to a drug corner, the corner pulls back. Dealers, friends, addicts and lookouts walk slowly away.

I didn't chase them. If I did, they'd ditch the drugs. What would I do if I caught them? Charge them with felony running? A smart dealer doesn't hold drugs and money and guns. He's got workers for that. Besides, an anonymous call to police doesn't give the legal "probable cause" needed for a search. So I'd walk up, perhaps frisk for weapons and stand there until "my" corner was clear.

But soon enough I'd have to answer another 911 call for drugs. And when I left, the crew would reconvene. One of my partners put it succinctly: "We can't do anything. Drugs were here before I was born, and they're going to be here after I die. All they pay us to do is herd junkies."

Seems like a waste of time. A huge waste of time. At a cost of $50 billion a year. A typical government program. Lots of people getting paid lots of money to make it look like something is being done when in fact hardly anything is being done.

Peter goes on to compare how Amsterdam deals with drugs and compares Dutch drug use rates to American. The Dutch have a significantly smaller problem (per capita) with drugs than America does. And they spend significantly less on enforcement (per capita) than America does.

In another neighborhood in Amsterdam, a man caught breaking into cars was released pending trial. The arresting officer returned to him, along with his shoelaces and personal property, his heroin and drug tools. I was amazed. The officer admitted he wasn't supposed to do that; heroin is illegal. But the officer had thought it through: "As soon as he runs out of his heroin, he'll break into another car to get money for his next hit."

For the addict, the problem was drugs. But for the police officer, the problem was crime. It made no sense, the officer told me, to take the drugs and hasten the addict's next crime. The addict was not a criminal when he had drugs (beyond possessing them); he was a criminal when he didn't have drugs.

I asked the officer if giving drugs to addicts sends the wrong message. He said his message was simple: "Stop breaking into cars!" With a subtle smirk in my direction, he added, "It is very strange that a country as violent as America is so obsessed with jailing drug addicts." Indeed, Dutch policymakers plan, regulate, fix and pragmatically debate harms and benefits. Police in the Netherlands are not involved in a drug war; they're too busy doing real police work.

If only American police were as interested in doing police work. If you take the "herding junkies" quote as some kind of evidence it seems that at least some of them are.

So what does Peter suggest?

Regulating and controlling distribution is far more effective at clearing the corners of drug dealers than any SWAT crackdown. One can easily imagine that in some cities -- San Francisco, Portland and Seattle come to mind -- alternatives to arrest and incarceration could be tried. They could learn from the experience of the Dutch, and we could all learn from their successes and failures.

Regulation is hard work, but it's not a war. And it sure beats herding junkies.

We will eventually come to our senses about drug prohibition just as we came to our senses about alcohol prohibition. The sooner the better.

H/T Drug Policy Forum of Texas

Cross Posted at Power and Control

posted by Simon on 10.26.09 at 04:46 AM





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Comments

Because I can't, no matter how hard I try, see hard-drug use as a "victimless" crime, this proposal is pretty much just as scary and counterproductive-seeming to me now as it was twenty years ago, when I was a (squeaky-clean) college kid surrounded by other college kids agitating for the legalization of drugs. Same premise then: drug use will happen, so get in control of (or at least tax) production and distribution so that at least you eliminate the crime-for-purchase connection.

I just... don't... know. I guess the problem I see is that a heroin user has incentive to get drug money by whatever means he or she has: if he (let's go with "he" for less tortured grammar) is able to hold down a job, any job, he'll spend his wages on H; if he can't hold down a job, he'll steal or become a prostitute or whatever to get the money. Legalizing the drug doesn't change that action or its motivation. It might help with drug-provider violence - you know, "gang wars," I suppose.

Providing the drug, free of charge or government-subsidized, I could see as having an effect on drug-user-committed crime and drug-provider-committed crime. But I'm fervently against more government control of the commanding heights, even when the particular heights under discussion are currently illegal drugs. Both philosophically and practically, I'm agin it: philosophically, I want government fingers out of private life. Practically, government monopolies seldom do what they're intended to do. (Maybe the Post Office. Maybe.) I fear unintended consequences.

So (sigh) that's where I still am: caught between unintended consequences and the precautionary principle. Hence, I find Moskos's final suggestion, that legalization be tried in three notorious "greenhouse" first, at least more palatable than across-the-board legalization. I do wonder, still, if a "successful" result in Seattle (not sure how to quantify success: lower crime? Less drug use? Less harmful drug use? Some combination?) would translate to L.A.

Jamie   ·  October 26, 2009 06:35 AM

Oops, "greenhouses." No coffee yet.

Jamie   ·  October 26, 2009 06:35 AM

Jamie,

Legalizing the drug doesn't change that action or its motivation.

OK. Now assuming you are economically literate let us try a thought experiment.

How much thieving or prostitution will you have to do if your drugs cost $300 a day. How much if they cost $5 a day?

How many people can find minimum wage jobs that can support a $300 a day habit? How many can find minimum wage jobs that can support a $5 a day habit.

===

I swear to God. Conservatives become economically illiterate when it comes to drugs and for Liberals it is the only place they are economically literate.

It wonders me.

===

I think your problem is that in some respects you are looking for a perfect solution. There is no perfect solution. But there is better and there is much worse.

M. Simon   ·  October 26, 2009 08:14 AM

If you look it up you will find Amsterdam has about the highest rate of break and enter in the western world.

Hugh   ·  October 26, 2009 08:47 AM

I, like many people, did not have a problem with marajuana use but thought harder drugs should remain illegal.

However that all changed when I saw a close relative destroy her life on drugs. She is now homeless much of the time, and has been in and out of prison. And there's nothing I can do for her, pay for an apartment for her to trash and vandalize and get kicked out of? Let her live at my place so she can steal from me? I just don't know.

But, why do I now think those drugs should be legal instead of illegal? Because I see what the law has done to her. Telling someone "jail or rehab" is not a choice, they are not choosing rehab, so of course the rehab does not work. They have to make a choice to get better, not be forced into it. She is no longer eligible for rehab since she's left so many times when forced into it. So even if she wants to get better, the State refuses to help her! It's on us her family members.

Which is fine that we should help, but what kind of morality or law says we'll spend billions punishing you for your weakness but won't help you. If we're going to spend the money anyway.

And due to the illegality of the drugs, she has to deal with the scum of the earth trying to get them. Violent organized crime is a part of her life, when she would never need to deal with people like that if drugs were legal.

If they were legal, the price would likely come down, and she might be able to hold down a job. Maybe not, but she'd be safer.

The drugs can ruin your life, but the illegality ruins it far faster. As soon as you get arrested, it's like the old scarlet letter of the old days, it follows you around.

If we took that money we spend on enforcement, and instead spent a small portion on rehab, there would be a lot less addicts, organized crime would go down. It would be like it was last century when those drugs were legal: only a few people still did them, but their lives weren't always ruined immediately, and they didn't have to deal with dangerous criminals.

plutosdad   ·  October 26, 2009 01:12 PM

plutosdad,

I agree rehab is better than prison. But rehab is a scam.

Because of my writing I have had heroin users and rehab councilors write to me. Every single one of them tells me that in there experience there is not one - I repeat - not one female heroin user in their experience who has not been sexually abused.

Which corresponds to what Dr. Lonnie Shavelson found:

Heroin

There are two things required for drug addiction:

1. Genetic susceptibility
2. Trauma

If you read the above check out the link on the sidebar to my drug addiction articles.

OK why is rehab a scam? Because the trauma gets imprinted in the brain and it is only when the imprint decays that the desire for drugs is reduced. So far the only thing that fixes it is time.

Here are some other articles you might find of interest:

Addiction Is A Genetic Disease

PTSD and the Endocannabinoid System

M. Simon   ·  October 26, 2009 01:53 PM

Hugh,

It would be interesting to find out why. Perhaps heroin users find Amsterdam congenial (relatively) to them and congregate there. The answer then is to legalize supply.

Switzerland has done that by referendum (twice - the last time with 60% approval) and doesn't seem to have as much of a problem as Amsterdam.

M. Simon   ·  October 26, 2009 02:40 PM

As long as being under the influence of intoxicants is treated as an "aggravating circumstance", I'm fine with legalizing drugs. Kill someone while stoned: Murder 1, chair within 6 months.

SDN   ·  October 26, 2009 06:53 PM

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