The war on drugs is lost; long live the war. Yes, we need to fight the good fight. Perhaps we could frame our efforts in terms other than war. One word can be enough to harden hearts and close minds. In this phony war on drugs, such chemical casuistry turns what really ought to be a concerted policy to address a national ill into misguided imagery to justify consequences beyond the countenance of civilized men and women. We know the reasoning, “Hey, it’s war: innocents regrettably die.”
Or to be more bluntly traditional, the war on drugs has been anything but a just war. Over forty years of trying to cut demand through mass incarcerations, border patrols, tougher penalties for dealers, drones violating Mexico's sovereignty and government-sanctioned gun-running have not significantly reduced the demand for illegal drugs in the U.S. In fact, the unintended and often unmentioned consequences – the collateral damage of this phony war – re-appear so often and are so consistently damaging that they undermine the intentions of the policy, no matter how fine they once were.
We all know the consequences north of the Rio Grande: the demoralization of millions of young blacks through jail-time for petty crimes; the deaths of others because the current policy so often looks away from the poorer communities riddled with gang warfare and cheap drugs; the absence of support for any but the wealthier addicts sincerely seeking help; as well as, omitted support for suffering families. The suffering in Mexico – some 125,000 dead – categorically trumps any justice in this ‘war’ since the origin of the problem lies squarely in the United States.
Continuation of this war on drugs guarantees more such collateral carnage in Mexico. So the intentions of this war on drugs remain “good”: well that is just wonderful. Such intentions, however, fall utterly to dust in the glare of accountability for the damages imposed upon so many people not involved in the trafficking or use of illegal drugs . The policy itself becomes fundamentally unjust and the predictably fatal fall-out inheres to, and compromises, the righteousness of its premise.
Our highest levels of leadership, in both parties, lack the courage to stand up and out publicly and ask the American people: “What is it about America – the most powerful, richest, greatest society (blah, blah, blah ad blauseam) in history – that so many of her people resort to illegal drugs and excessive alcohol consumption?”. Such a basic and simple question has few in the way of constructive answers.
But without the courage to admit to, and the inward capacity to address, a spiritual illness run rampant, nothing new is tried and no risks are taken: the scourge simply gets worse by default. All of these constraints –harsh consequences, hardened criminals, institutional racism / classism, and absence of courage – beg a comprehensive and easily understood solution like legalization, right?
Well it’s not that easy. Just how would drugs be legalized? It is not hard to suppose that well meaning government entities would impose a minimum “legal using age” and, as a complement, some type of regulated potency for the drugs. In short, the legalization of drugs would almost certainly parallel the restrictions in place for liquor (i.e., minimum age of twenty-one and regulations on quality).
Therein lies a most chafing rub: narcotics distribution channels already reach down age levels as low as children in junior high school. Additionally, with the two or three generations of drug use already entrenched, popular taste may well have inclined to a level of potency far above the one that a responsible government could safely permit. Thus, a sweeping legalization of drugs would create the perverse and unintended effect of getting even stronger drugs funneled down to even younger kids to create a life-long preference for the illicit products available on the black market.
So what would Americans – or, more, likely their leaders – do to face this unanticipated dilemma? Send every kid from the seventh grade or higher to some six-year boot-camp to monitor their every move? Blame the Mexicans and wash their hands of even more narco-sobre-narco killings with innocent caught in the casino fire? Pour pesticides across Colombia so nothing grows, including illiterate natives (i.e., ‘expendable’ people) poisoned by a different kind of toxin? Just do nothing and simply let predominantly less privileged American kids dabble in more and dangerous drugs, succumbing to the pressure of rugged marketers competing in a narrowed domain? How many people might die under a scenario like that?
Legalization only becomes the phony peace to displace an equally phony – and equally failing – war. Yet there is a third way quite possibly out of the dilemma. But first, America needs to ask the question it has avoided for forty years for want of an easy answer. This simple question will arguably be the most difficult part of a new policy. Why? Because the search for an answer to why the American spirit has a gaping and gangrenous hole at its very center will:
- confound the conservatives who focus solely on personal responsibility and not on the structural violence of poverty;
- lead the liberals into areas of personal choices and morality beyond the reach of government intervention aimed at populations, not people;
- stump and short-circuit the mechanistic zeal of the technocrats; as well as,
- bring out in bold relief the current inability to sustain a long-term policy in a hyper-kinetic society buzzing with belligerence.
- decriminalizing the consumption of drugs by addicts who turn themselves in to the local Health and Human Services office;
- rehabilitating addicts, even if the whole state of Alaska has to be set aside as one great big re-hab;
- teaching minimal jobs skills (besides making license plates) for addicts being rehabilitated;
- offering tax breaks for those companies hiring recovering addicts;
- light, misdemeanor sentences for recreational users or addicts not taking advantage of the amnesty program initially or dealers with minimal amounts (intended for friends) with referral to the local re-hab; and,
- stiff sentences professional dealers that increase if the drugs are significantly stronger than those distributed to addicts or targeted toward people below the age of 18.




