Pubdate: Thu, 15 Jan 2004 Source: Birmingham Post-Herald (AL) Copyright: 2004 Birmingham Post Co. Contact: http://www.postherald.com/ Details: http://www.mapinc.org/media/46 Author: Robert Sharpe Referenced: http://www.mapinc.org/drugnews/v04/n031/a02.html ABSENT Conspicuously absent from your otherwise excellent Jan. 5 editorial on Chief Justice William Rehnquist's call for judicial sentencing discretion was the role of the drug war. The land of the free now has the highest incarceration rate in the world, in large part due to the war on some drugs. It's not possible to wage a moralistic war against consensual vices unless privacy is eliminated, along with the Constitution. The steady rise in warrantless police searches, drug-sniffing dogs in schools and random drug testing have led to a loss of civil liberties in America, while failing miserably at preventing drug use. Based on findings that criminal records are inappropriate as health interventions and ineffective as deterrents, a majority of European Union countries have decriminalized marijuana. Despite marijuana prohibition and perhaps because of forbidden fruit appeal, lifetime use of marijuana is higher in the United States than any European country. The failed drug war threatens the integrity of a country founded on the concept of limited government. At an average cost of $25,071 per inmate annually, maintaining the world's largest prison system can hardly be considered fiscally conservative. America can either be a free country or a "drug-free" country, but not both. Robert Sharpe, MPA Policy Analyst Common Sense for Drug Policy Washington, DC