Pubdate: Fri, 12 Jan 2001
Source: Spokesman-Review (WA)
Copyright: 2001 The Spokesman-Review
Contact:  P.O. Box 2160 Spokane, WA 99210
Fax:  (509) 459-5482
Website: http://www.spokesmanreview.com/
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Author: David Klinger, Cato Institute http://www.cato.org/
Note: David Klinger is professor of criminology at the University of 
Missouri. This article is adapted from his chapter in the new Cato 
Institute book, "After Prohibition: An Adult Approach to Drug Policies in 
the 21st Century."

LIKE DRUG ABUSERS, BY PERSISTING WE HURT OURSELVES

His Time On The Front Line In America's War On Drugs Convinced David
Klinger That This Costly, Never-Ending Exercise In Futility Is As
Unjust As It Is Impractical.

ST. LOUIS, Mo. -- When I joined the Los Angeles Police Department in
1980, I was a strong supporter of the notion that illegal drugs should
stay that way and that the enforcement of drug laws should be a top
priority.

But my views quickly changed once I hit the streets. Assigned to the
rugged 77th Street Division in the heart of South-Central, I saw
firsthand the social problems one could find in any community awash in
the trafficking and use of marijuana, cocaine, heroin and other
controlled substances.

During my first months on patrol, after handling hundreds of drug
calls and arresting scores of people for possessing various illegal
substances, I began to doubt what my peers and I were doing.

I saw violent criminals walking the streets because the jail space
they rightfully deserved was occupied by nonviolent drug offenders.
When we carted small-time drug dealers off to prison, I saw other
sellers quickly step in to fill the void.

I started to view most people involved with drugs either as broken
souls who made self-destructive choices or as harmless people who
indulged their appetites in moderation -- not as crooks who needed to
be punished.

I tried to reconcile what I saw with my views about firmly enforcing
drug laws. At first, I accepted the arguments of politicians, policy
wonks and my peers who asserted that ever harsher laws and firmer
enforcement would turn back the tide of illegal drugs. By the end of
my tenure with the LAPD I came to believe that marijuana -- a drug I
had never seen anyone overdose on or influence anyone to do anything
more violent than attack a bag of potato chips -- should be legalized.

I held a bifurcated stance toward illicit drugs -- legalize pot but
strictly enforce existing laws against the rest of the stuff --
through my time with the Redmond, Wash., Police Department and into my
graduate studies.

As the years passed, however, I saw a nation fighting harder, devoting
more money and jailing increasing numbers of individuals -- all the
while falling further behind in the war on drugs.

The price of the drugs didn't rise with increased interdiction, usage
rates didn't fall and the number of lives damaged or destroyed by
chronic use, overdose and drug-related criminal activity mounted. No
matter how much I disliked the idea, I became convinced the United
States should legalize illicit drugs.

Ever since I concluded we should call off the hounds, I have discussed
my ideas with people in many walks of life.

Interestingly, both my hardiest supporters and my harshest critics
come from the same group: my law enforcement associates. Many of them
on both sides of the debate share my views about the futility of the
drug war and agree it carries a substantial downside.

What generally separates those who agree with me from those who don't
is their take on a question they almost invariably put to me: Won't
legalizing drugs lead more people to take them and thus make things
worse?

I do not know whether legalizing drugs will increase their popularity.
But I suspect that if we approach legalization thoughtfully and pursue
a sensible post-legalization strategy, then the drug rolls will not
swell. They may in fact decline.

But even if more people do take drugs in the wake of legalization, we
would live in a society where citizens suffer far less from the
predatory crimes spawned by the illicit drug trade.

In the end, we cannot protect free adults from their own poor choices
and we should not use the force of law to try. In a free society
negative consequences befall people who use their freedom to do
foolish things.

Victimless self-destructive behavior is its own punishment, not the
business of the legal system.
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