America’s harsh prohibitionist drug policies are grounded in the premise that the prohibited substances have little or no redeeming value and cannot be used without life-destroying consequences.  Yet the evidence of its falsity is undeniable. Here is one of the most admired men in America, its greatest contemporary industrialist, hailing one of the most scorned of these substances as integral to his success and intellectual and personal growth.  The current President commendably acknowledged cocaine and marijuana use while there is evidence suggesting the prior President also used those substances.  One of America’s most accomplished athletes was caught using marijuana at the peak of his athletic achievements.  And millions upon millions of American adults have consumed some or many of those criminally prohibited substances, and themselves will say (like Jobs) that they had important and constructive experiences with those drugs or know someone who did.

In short, the deceit at the heart of America’s barbaric drug policy — that these substances are such unadulterated evils that adults should be put in cages for voluntarily using them — is more glaring than ever.  In light of his comments about LSD, it’s rather difficult to reconcile America’s adoration for Steve Jobs with its ongoing obsession with prosecuting and imprisoning millions of citizens (mostly poor and minorities) for doing what Jobs, Obama, George W. Bush, Michael Phelps and millions of others have done.  Obviously, most of these banned substances — like alcohol, gambling, sex, junk food consumption, prescription drug use and a litany of other legal activities — can create harm to the individual and to others when abused (though America’s solution for drug users — prison — also creates rather substantial harm to the drug user and to others, including their spouses, parents and children: at least as much harm as, and usually substantially more than, the banned drugs themselves).  But no rational person can doubt that these substances can also be used responsibly and constructively; just study Steve Jobs’ life if you doubt that.

Jobs’ praise for his LSD use is what I kept returning to as I read about the Obama DOJ’s heinous new policy to use the full force of criminal prosecutions against medical marijuana dispensaries in California.  In October, 2009, I enthusiastically praised Eric Holder and the DOJ for appearing to fulfill Obama’s campaign promise by refraining from prosecuting medical marijuana dispensaries in compliance with state law (a “rare instance of unadulterated good news from Washington,” I gushed).  As I wrote:

Criminalizing cancer and AIDS patients for using a substance that is (a) prescribed by their doctors and (b) legal under the laws of their state has always been abominable.  The Obama administration deserves major credit not only for ceasing this practice, but for memorializing it formally in writing.

Yet now, U.S. Attorneys in California will expend substantial law enforcement resources to persecute medical marijuana dispensaries that sell to consenting adults even though those transactions have been legalized by the voters of California and 16 other states (to see what a complete reversal this is of everything Obama and Holder previously said on this subject, see here).

Progressives love to point out the hypocrisy of social conservatives who righteously rail against (and demand legal sanction for) the very same sexually sinful behavior in which they enthusiastically engage — and rightly so.  But what about a society that continues to imprison millions of human beings for using substances that vast numbers of people in the nation have secretly used and enjoyed, or which empowers people with the Oval Office, or reveres people like Steve Jobs, who have done the same?  The DOJ claims dispensaries are now masking non-medical marijuana sales, leading to this question: even leaving aside the rather significant (and shameful) fact that drug laws are enforced with overwhelming disproportionality against racial minorites, what possible justification is there for putting someone in a cage for using a substance they choose to use without any evidence that they’ve harmed anyone else or even risked harm to anyone else?

All of this becomes even more incomprehensible when one considers the never-ending preaching about the need for “austerity,” which means: depriving poor and middle class citizens of services and financial security.  In this environment, how can it possibly be justified to expend substantial sums of money investigating, arresting, prosecuting and then imprisoning large numbers of people for doing nothing more than consuming marijuana or selling it in states where it is legal to sell it to other consenting adults?  That makes about as much sense as deploying a State Department army of 16,000 for a permanent presence in Iraq at the same time political and financial elites plot cuts to Social Security and Medicare.  I genuinely don’t understand why a policy that single-handedly sustains America’s status as World’s Largest Jailer — and that consigns huge numbers of minorities and America’s poor to prison and permanent criminal status for no good reason, in the process breaking up families at astonishing rates (to say nothing of the inexorable erosion of civil liberties) — isn’t a higher priority for progressives.

But just like the senseless and monumentally wasteful Endless military War, America’s Drug War feeds the pockets of a powerful private industry: the growing privatized prison industry, which needs more and more prisoners for profits, gets many from drug convictions, and thus vehemently opposes and lobbies against any reform to the nation’s drug laws as well as reform of harsh criminal sentencing.  That, combined with self-righteous, deeply hypocritical anti-drug moralizing and complete obliviousness to evidence, has ensured not only that the Drug War and its prison obsession endures, but that it remains outside the scope of what can even be discussed in mainstream political circles.  And as the Obama DOJ’s newly intensified attacks on marijuana demonstrate, the problem is, in many respects, getting worse, even as most of the world moves toward a much more restrained and health-based (rather than crime-based) approach to dealing with drug usage.

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In 2009, I produced a study on the overwhelming success of drug decriminalization in Portugal, published by the CATO Institute.  That study has been widely cited and discussed in numerous places, including receiving a critical response from the White House Drug Control Policy Office.  I’m now working on an update to that report which I will present at this excellent Conference on Ending the Drug War, to take place on November 15, in Washington D.C., featuring former Brazilian President Fernando Henrique Cardoso, former Mexican Foreign Affairs Minister Jorge Castañeda, the Speaker of the Uruguayan House of Deputies Luis Alberto Lacalle Pou and several others.  The Conference is open to the public and tickets can be obtained at the above link.

UPDATE: In The Los Angeles Times today, a former Deputy Chief of the L.A.P.D. details how drug prohibition “has cost our country more than $1 trillion in cash and much more in immeasurable social harm”; “the damage that came from the prohibition of alcohol pales in comparison to the harm wrought by drug prohibition“; and “that ending today’s prohibition on drugs — starting with marijuana — would do more to hurt the [drug] cartels than any level of law enforcement skill or dedication ever can.”   In sum:

There’s no doubt that the violence, the growth of cartels and gangs, the overpopulation of our prisons and the squandering of our police resources would not occur if we eliminated illegal drug profits and implemented a non-criminal approach to regulating drugs. We did this once with alcohol, and there’s no reason we can’t do it with other drugs today. 

There may be no reason we can’t do it, but there are plenty of reasons we don’t do it, beginning with the large number of government and private factions that benefit in countless ways from this ongoing war.