Pubdate: Thu, 09 Sep 1999 Source: Ft. Worth Star-Telegram (TX) Copyright: 1999 Star-Telegram, Fort Worth, Texas Contact: http://www.star-telegram.com/ Forum: http://www.star-telegram.com/comm/forums/ Author: Don Erler * GETTING TOUGHER VS. GETTING SMARTER The Question Won't Go Away: Did Gov. George W. Bush Ever Use Illegal Drugs? It's a fair question for one who would be president, particularly because Texas has, during Bush's gubernatorial tenure, substantially toughened its drug laws. Welfare recipients, teen drivers and students seeking public grants all lose those privileges if convicted of drug violations. And stiffer criminal penalties now apply for drug violations in school zones and state prisons. Our governor is tough. Would that he were smarter. I'd like to see him advocate more sensible policies. I say this realizing that too much common sense would cost him electoral support. Right-thinking Texans should support his election. Howard Wooldridge was a police officer for 15 years. In a recent speech on the drug war, he bemoaned the fact that Texas has built 77 prisons during the last 10 years -- and one four-year college. He told the story of a barber who was on his way to deposit his week's cash receipts at his bank. During a routine traffic stop, a police officer confiscated his car and the entire $2,200 as suspected "drug money." The officer found no drugs or related paraphernalia. Still, the barber spent $1,000 in a legal battle to persuade the district attorney to return his property. Such Fourth Amendment abuses by law enforcement personnel are merely part of the exorbitant costs of our counterproductive war on drugs. Syndicated writer Susan Estrich says that "there were more than 1.8 million men and women behind bars in the United States last year, representing an incarceration rate of 672 inmates per 100,000 U.S. residents, a rate higher than that of any other country except Russia." Moreover, thanks largely to our drug laws, wrote Estrich, "40 percent of all black men in this country between the ages of 18 and 25 are in prison, on parole or on probation." In last week's `Newsweek,' Ellis Cose observed that "the number of people sentenced for federal drug offenses multiplied more than 11 times" in the last two decades. Tougher every year, we watch the body count in the drug war mount unabated. `Star-Telegram columnist Mark Davis, an ardent foe of decriminalization, made a fine point last month: "Only one thing will solve our drug problem: reducing demand." But treating drug abuse as a criminal rather than public health issue is not reducing demand. Can anything? `Newsweek' 's Jonathan Alter provided some pertinent data. Arizona has become the first state to offer treatment instead of incarceration for nonviolent drug offenders. So far, more than 70 percent of those on probation have tested clean. Alter quoted a 1997 Rand Corp. study, which noted that "treatment reduces about 10 times more serious crime than conventional enforcement and 15 times more than mandatory minimums." Similarly, a Bureau of Prisons study determined that prisoners who received drug treatment are re-arrested 73 percent less often in their first six months of freedom than are untreated inmates. Our neighbor to the west, New Mexico Gov. Gary Johnson, has recently come out in favor of limited drug decriminalization. He says that more than 700,000 Americans were arrested for marijuana-related crimes in 1997 -- a huge waste of energetic human lives and scarce public funds. I do not expect the leading presidential contender to emulate such daring leadership. But we can all hope that the question that won't go away will lead our prudent governor to reconsider his tougher-than-thou approach to drug control. He survived his own bout with alcohol excess. And he didn't need prison to do it. Perhaps as president he'll advocate more effective and less expensive drug treatment as a sober alternative to increasingly self-defeating criminal penalties. - --- MAP posted-by: Keith Brilhart