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Posts Tagged ‘Drug War’

Some people confuse being libertarian with being libertine.

I’m sometimes asked, for instance, if I’m a libertarian because I want to smoke pot or do other drugs.

I respond that I’ve never done drugs and have no desire to use drugs.

Then I’m asked if I’m a libertarian because I want to gamble.

I respond by saying that I don’t gamble, even when I’m in Las Vegas or some other place where it’s legal.

Sometimes I’m asked if I’m libertarian because I want to use prostitutes.

I respond by explaining that I’d never patronize a prostitute because I want to at least be under the illusion that a woman actually wants to be with me.

At this point, some people conclude I’m boring, and that may be true, but this is also the point where I try to educate them about the libertarian philosophy.

I give them the usual message about small government and free markets, but I also explain that libertarians don’t believe that government should persecute people for victimless crimes.

This doesn’t mean we think it’s good to use drugs or that we personally approve of prostitution. And it doesn’t mean we’re oblivious to the downsides of gambling.

The libertarian message is simply that prohibition makes matters worse, not better. For instance, prohibition gives government the power to behave in reprehensible ways.

Let’s look at two examples, starting with this disturbing and powerful video from Reason TV (warning, both the subject material and language are not for the faint of heart).

Having watched the video, now ask yourself whether you think this is an appropriate way for governments to be using our tax dollars?

Remember, we’re not talking about cops busting people for impaired driving. That’s totally legitimate, regardless of whether they’re impaired because of drugs or booze.

The question is whether cops should look for excuses to pull people over simply in hopes of finding that they have some pot. And when they don’t find drugs, should they then go through obscene efforts in hopes of finding some contraband?*

Our second example isn’t as disturbing, at least on a physical level, but it should be equally troubling if we believe in decent and humane society.

It seems that SWAT teams have too much time on their hands and are now conducting raids on old folks playing cards.

On Saturday, state and local authorities raided a monthly poker tournament at a bar in the city of Largo, after an investigation into unlawful gambling, the Tampa Bay Times reported. The Nutz Poker League, which was running a free game open to the public at Louie’s Grill and Sports Bar at the time of the crackdown, said on its Facebook page that some of the police were in “full riot gear” and had their “weapons drawn.” …One woman present described the event in a blog post: “Today, while out playing poker with this poker league, we were raided by the [Florida Division of Alcoholic Beverages and Tobacco], all with men and women officers wearing black masks so we couldn’t see their faces. We were forced (by a threat of going to jail) to place our hands on the table where they could see them and to stay there until we were told.” …Luke Lirot, an attorney involved with the matter, told Card Player that players took cell phone photos and video of the raid, and that they were “ordered by officers to delete” the material. According to the Tampa Bay Times, the undercover investigation, dubbed “Operation Cracked Aces,” had been ongoing for months prior to the bust.

The community group that runs the recreational league has an appropriately libertarian view of this costly harassment.

“The ‘crime’ here is the waste of valuable public resources, and the misguided efforts to enforce an archaic law that was never intended to be used to criminalize events such as the one here, where six individuals were unjustly arrested and terrified, and now face prosecution,” the league said. “If state statutes can be exploited and stretched to criminalize these types of events, legislation needs to be adopted to clear up this unnecessary abuse.” Nutz Poker added that the raid was an example of “tyrannical [law] enforcement.”

By the way, the Florida raid is not an isolated incident.

Here are some excerpts from a report in the Baltimore Sun.

…at the Lynch Point Social Club in Edgemere, police say, …dozens of men would meet regularly to play no limit Texas Hold ‘Em poker games and gamble on electronic machines. County police said it was all off the books and against the law, and busted the club’s members in a raid involving a tactical unit last week. The organizer and dealers were arrested and face charges. Almost immediately after our story posted, there was a quick backlash against police. The story’s been shared nearly 200 times on Facebook and generated 40 comments as of this writing… commenters had no tie to the event but were angered at an investigation they believe was a waste of police resources. …But police say games like the ones hosted in Edgemere are against the law and must be enforced, and may even put the players at risk for becoming victims of a robbery.

Here’s the bottom line: A bunch of guys want to pass the time by playing cards and making wagers. They’re not hurting anybody else, yet cops decide to send a “tactical unit” to conduct a raid.

Once again, I’m glad there’s a backlash against the police. Cops should be protecting innocent people, not harassing them.

Or killing them.

And this is why libertarianism is a philosophy of human decency. We don’t believe in using coercive government power against people who aren’t harming others.

*I’m thinking an involuntary cavity search might be worth it if I got a $900,000 award after suing the government.

P.S. Since I feel very confident about libertarian principles, I don’t object to sharing anti-libertarian humor.

Here’s the latest example.

I’ve previously shared a cartoon with the same theme, and that post also makes the should-be-obvious point that fire departments would exist in a libertarian world.

And that link also has many more examples of libertarian humor.

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Even though I’m personally a prude on the issue of drugs, that doesn’t stop me from opposing the Drug War, both for moral and practical reasons.

After all, how can any sensible and decent person want laws that produce these outrageous results?

The DEA trying to confiscate a commercial building because a tenant sold some marijuana.

The government seeking to steal a hotel because some guests sold some marijuana.

Cops raiding an organic nursery and seizing blackberry bushes.

The feds grabbing cash from innocent bystanders in legal cases.

The government arresting a grandmother for buying cold medicine.

Cops entrapping an autistic teen to boost their arrest numbers.

And don’t forget the misguided War on Drugs is also why we have costly, intrusive, and ineffective anti-money laundering laws, which result in other outrages, such as the government arbitrarily stealing money from small business owners.

Though not every enforcement action leads to grotesque abuse of human rights. Sometimes the Drug War merely exposes the stupidity of government.

Let’s add another horror story to our list.

Jacob Sullum of Reason has a very disturbing example of how the Drug War leads to very bad outcomes.

Why did a SWAT team raid Bob and Addie Harte’s house in Leawood, Kansas, two years ago, then force the couple and their two children to sit on a couch for two hours while officers rifled their belongings, searching for “narcotics” that were not there?

Sullum conveniently provides the answer, though it’s not one that should satisfy any normal person.

…the Hartes made two mistakes: Bob went to a hydroponics store in Kansas City, Missouri, with his son to buy supplies for a school science project, and Addie drank tea. It cost them $25,000 to discover that these innocent actions earned them an early-morning visit by screaming, rifle-waving men with a battering ram.

Here are the odious details of local government run amok.

…the Hartes hired a lawyer to help them obtain the relevant records… Eventually the Hartes learned that a Missouri Highway Patrol trooper saw Bob at the hydroponics store on August 9, 2011. Seven months later, state police passed on this hot tip to the sheriff’s office, which sprang into action (after a few weeks), rummaging through the Hartes’ garbage three times in April 2012. On all three occasions, they found “wet plant material” that a field test supposedly identified as marijuana.

Does that sound like probable cause for an assault on their home?

…the cops did not bother to confirm their field results with a more reliable lab test before charging into the Hartes’ home, three days after their third surreptitious trash inspection. When the Hartes starting asking questions about the raid, the sheriff’s office suddenly decided to test that wet plant material, which it turned out was not marijuana after all. The Hartes figure it must have been the loose tea that Addie favors, which she tends to toss into the trash after brewing.

So what’s the bottom line? The Hartes want to make it easier to obtain records.

…the Hartes think Kansas cops would be more careful if obtaining police records were easier. “You shouldn’t have to have $25,000, even $5,000,” Addie Harte tells KSHB. “You shouldn’t have to have that kind of money to find out why people came raiding your house like some sort of police state.”

I obviously agree, but an even more important lesson is that we should re-think America’s foolish Drug War.

I happen to think drugs are bad and that people shouldn’t use them. Heck, I also think people shouldn’t overeat, that gambling is dumb, and that alcohol abuse is terrible.

But I know that government prohibition won’t solve these problems and almost surely will make matters worse.

Besides, I don’t like being on the same side of an issue as certain people.

I’d rather side with folks such as John Stossel, Gary Johnson, John McCain, Mona Charen, Pat Robertson, Cory Booker, Rick Perry, and Richard Branson.

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I have some bad news and some good news.

The bad news is that politicians have come up with another proposal for an additional tax.

Some people like prohibition

Some people like prohibition

The good news is that they can only impose this new tax if they ease up on the silly Drug War.

That creates a bit of a quandary if you believe in freedom and small government.

But, on net, it’s a move in the right direction.

We have two examples to share. The first is from South America, where the government of Uruguay seems poised to legalize marijuana. Here are some blurbs from an AP report.

Uruguay is pushing ahead to create a legal marijuana market… The Senate planned to debate the pot plan Tuesday, with approval by the ruling coalition widely expected before the night is over. Because senators turned away all requests for amendments after it passed the lower chamber, their vote will be final.

One reason for this proposed reform is to fight organized crime.

President Jose Mujica says the point is not to promote marijuana use, but to push out organized crime. The government hopes that when licensed growers, providers and users can openly trade in the drug, illegal traffickers will be denied their profits and go away.

Let’s give President Mujica an A+ for economics. He recognizes that criminalization creates a black market.

But Uruguay politicians are not exactly dreamy-headed libertarians. Big government would be involved.

Socialist Deputy Julio Bango, who co-authored the proposal, told The Associated Press that “this is not a law to liberalize marijuana consumption, but rather to regulate it. Today there is a market dominated by drug traffickers. We want the state to dominate it.”

And the article also mentions that legalization would be accompanied by heavy taxes. I don’t like that part, but there’s no question this would be a net plus for liberty and crime reduction.

Some lawmakers in New York also seem to understand that prohibition is illogical. Here are some excerpts from a local news report.

State Sen. Liz Krueger’s measure — the Marijuana Regulation and Taxation Act — would legalize, regulate and tax marijuana under state law. “It will take the market in marijuana away from the criminal enterprises, just as happened when alcohol prohibition was ended,” she said at a City Hall press conference.

Kudos to Krueger for her grasp of incentives. The Drug War is just as foolish – and just as good for criminals – as prohibition.

Though I wonder whether Sen. Krueger is being too greedy.

“It would establish an excise tax of $50 an ounce of marijuana and authorize localities to charge a sales tax on retail sales if they wish to,” Krueger said. …Liu estimates that a pot tax would generate $431 million in New York City alone.

I’ve never done drugs, so I’m not familiar with the market, but I do know that if the tax is too high on a legal product, you create a black market.

That happens with cigarettes, for instance, and we examples of excessive taxation causing less revenue from Bulgaria, Romania, and Ireland. And we’ve even seen this Laffer Curve effect in Washington, DC.

Last but not least, we should never forget that the Drug War is a horrifying example of Mitchell’s Law, with one bad policy leading to another bad policy.

The War on Drugs, for example, is the reason why politicians imposed costly and ineffective anti-money laundering laws. As well as disgusting and reprehensible asset forfeiture laws.

P.S. Libertarians are not the only ones to think the drug war is foolish. Yes, you find libertarians such as John Stossel and Gary Johnson on the list of those who want to end prohibition. But you also find John McCainMona Charen, Pat Robertson, Cory Booker, and Richard Branson.

But maybe you disagree with all those people and would rather be on the same side as Hillary Clinton.

P.P.S. This is not an issue of whether you approve of pot use. You can be strongly against drugs, like me, but also realize that it makes no sense for government to get involved. Particularly since criminals are the ones who benefit.

P.P.P.S. The Drug War gives the government immense powers to engage in bad policy.

Or sometimes the Drug War merely exposes government stupidity.

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I’m a very straight-laced guy. Some would even say boring. I’ve never done drugs, for instance.

But not because they’re illegal. I’ve never done drugs for the reason that I’ve never smoked cigarettes. Just doesn’t seem like a smart thing to do. And I encourage friends and family to have the same approach.

That being said, I’ve never thought we should criminalize things simply because I don’t like them.

Particularly when it would make a lot more sense to focus law enforcement resources on stopping crimes against people and property. This new video from Learn Liberty explains further.

But this isn’t about cost-benefit analysis. Watch this powerful video from Reason TV about how one family has been victimized by drug prohibition.

Now ask yourself what purpose it served to have local cops basically entrap that unfortunate kid? If you come up with an answer, you have a very creative imagination.

Also keep in mind that the War on Drugs is the reason why politicians imposed costly and ineffective anti-money laundering laws. As well as disgusting and reprehensible asset forfeiture laws.

One misguided government policy leading to two other bad policies. That’s Mitchell’s Law on steroids!

P.S. Drugs do impose costs, but they’re mostly incurred by moronic users. Though there sometimes are collateral victims, such as kids whose parents allow their lives to get messed up. That’s why it would be nice if drugs somehow didn’t exist. Heck, the same things could be said about booze. Or tobacco. But they do exist. The libertarian position isn’t that these things are good. Instead, our position is that prohibition does more harm than good.

P.P.S. Just in case you think I’m an outlier, I invite you to read the thoughts of John McCain, John Stossel, Mona Charen, Gary Johnson, Pat Robertson, Cory Booker, and Richard Branson.

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I realize we’re in the middle of a government shutdown and there’s a debt limit deadline rapidly approaching, but I’m not going to write about fiscal policy today.

Instead, I’m going to share a story about evil and stupid government policy. I guess you could say this is part of my why-decent-people-should-be-libertarian series. Previous editions – all of which highlight examples of innocent people having their lives turned upside down by the state – include these horror stories.

Now watch this powerful video from the Institute for Justice and see whether it’s also an example of heartless and oppressive government.

The answer – if you believe in fairness, decency, and the rule of law – is that this definitely belongs on that list. What the federal government has done to the Dehko family is utterly despicable and a horrifying episode of thievery.

Just as other examples of bureaucratic theft should get us upset.

In the case of the Dehko family, they got in trouble (notwithstanding the fact that they did nothing wrong) because of so-called anti-money laundering laws.

These laws were instituted beginning about 30 years ago based on the theory that we could lower crime rates by making it more difficult for crooks to utilize the financial system.

There’s nothing wrong with that approach, at least in theory. But as I explain in this video, these laws have become very expensive and intrusive, yet they’ve had no measurable impact on crime rates.

As you might expect, politicians and bureaucrats have decided to double down on failure and they’re making anti-money laundering laws more onerous, imposing ever-higher costs in hopes of having some sort of positive impact. This is bad for banks, bad for the poor, and bad for the economy.

So we’ll see more people victimized, like the Dehko family.

Which brings us back to the beginning of this piece. At what point do well-meaning people connect the dots and conclude that government is a danger to liberty?

And when you draw this obvious conclusion, isn’t it time to become a libertarian?

This doesn’t mean you have to be a pot-smoking, Rand-quoting stereotype. Instead, it simply means that you have a healthy distrust of unlimited state power and you think individuals should have both the freedom and responsibility to manage their own lives.

To see where you stand, here are a couple of quizzes.

A just-for-the-fun-of-it quiz I put together involving pot, police cars, and a tractor.

A thorough quiz on libertarian purity.

Last but not least, if you decide to be a libertarian, I hope you can figure out how to make our cause more popular.

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What do John Stossel, Mona Charen, Gary Johnson, Pat Robertson, Cory Booker, and Richard Branson all have in common?

And let’s add voters from the states of Colorado and Washington to this list. So what unites this unusual collection of people?

They’ve all expressed doubts about the War on Drugs. And that’s a good thing.

As explained in this video, the Drug War has been a very costly failure. Indeed, it’s been such a boondoggle that we can now add John McCain to the list of those who think maybe it’s time to consider decriminalization.

McCain Drug WarSen. John McCain (R-AZ) signaled Thursday that he’s receptive to legalizing pot. Tim Steller, a columnist for the Arizona Daily Star, reported over Twitter from a town hall in Tucson, Ariz. that McCain cited the “will of the people” in expressing an openness to legalization.

I’m glad Senator McCain is moving in the right direction, though I’m not sure I like his reasoning. The “will of the people” sometimes means two wolves and a sheep voting on what to have for lunch.

I much prefer the logical arguments of my Cato colleague Jeffrey Miron, who is a Senior Lecturer in economics at Harvard. Here’s some of what he recently wrote for the Huffington Post.

I have come to regard legalization as a policy no-brainer. Virtually all the effects would be positive, with minimal risks of significant negatives. An important piece of that research has been examination of drug policy in the Netherlands, where marijuana is virtually, although not quite technically, legal.

Jeff just visited Amsterdam and here’s what he found in that supposed den of iniquity.

Legalization advocates point to Amsterdam as evidence that legalization works, at least for marijuana. Legalization critics, such as former White House Drug Czar Gil Kerlikowske, believe instead that Dutch policy is flawed, generating crime and nuisance effects. Only first-hand observation could give me a clear view of which description is more accurate. …the Red Light District could not have felt safer or more normal. Yes, marijuana was widely available. …But nothing about the District felt unsafe, or suggested elevated crime or violence; I have felt less safe in many American and European cities. …The absence of violence is not surprising. Prohibition, not drug use, is the main reason for the association between violence and drugs, prostitution, gambling, or any banned good. In a legal market, participants resolve disputes with lawyers, courts, and arbitration. In an illegal market, they cannot use these methods and resort to violence instead. Thus the critical determinant of violence is whether an industry is legal, as the history of alcohol prohibition illustrates. That industry was violent during the 1920-1933 period, when the federal and many state governments banned alcohol, but not before or after. And if the government banned tobacco, or coffee, or ice cream, or any good with substantial demand and imperfect substitutes, a violent black market would arise.

There’s no evidence, by the way, that legalization means more drug use.

In 2009, the past year marijuana use rate was 11.3 percent in the United States but only 7.0 percent in the Netherlands. This does not prove that legalization lowers drug use; many other factors are at play. But these data hardly support the claim that prohibition has a material impact in reducing use. When we were toured Amsterdam on a canal barge, the guide commented that, “Despite legal drugs and prostitution, Amsterdam is a safe city.” My son, who has heard me rant about prohibition for years, looked up and quipped, “He should have said “Because drugs and prostitution are legal, right?” Exactly.

Sounds like Jeff’s done a good job as a father (and if I’m allowed to brag, I haven’t done a bad job either).

In closing, let me emphasize that libertarian does not mean libertine. My Republican friends are wrong when they think libertarians are like the guy in the upper left of this poster.

You can support legalization without being a drug user or without thinking that it’s a good idea for other people to smoke pot. Heck, I’m probably one of a small minority of people in my generation to never try any drug.

But that doesn’t mean I want to squander lots of tax money and reduce human freedom to persecute others who are engaged in victimless activities. Especially when it means a massive increase in the power of government!

Let’s not forget, after all, that politicians used the Drug War as an excuse to enact reprehensible and costly laws on asset forfeiture and money laundering. One foolish policy leads to a couple of other misguided policies. That’s Mitchell’s Law on steroids!

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Government officials do some really crazy things in the name of law enforcement.

Bambi ExecutedI recently wrote about an armed raid on an animal shelter in order to execute a baby deer.

That was paramilitary overkill (pun intended), though it probably didn’t waste as many tax dollars as the regulatory overkill of the year-long sting operation by the Food and Drug Administration against an Amish farm for the horrible crime of selling unpasteurized milk to consenting adults who prefer unpasteurized milk.

And let’s not forget Robert Norlander, the thuggish, dumpster-diving IRS agent, who sought to ruin the life of an innocent man because…well, for no reason.

Well, we now have something that may be even more absurd.

Radley Balko reports in the Huffington Post about “a massive police action last week that included aerial surveillance, a SWAT raid and a 10-hour search.”

Sounds like the cops must have been up against the mafia. Or a bunch of bank robbers, right?

Not exactly. They raided an organic farm.

…the real reason for the law enforcement exercise appears to have been code enforcement. The police seized “17 blackberry bushes, 15 okra plants, 14 tomatillo plants … native grasses and sunflowers,” after holding residents inside at gunpoint for at least a half-hour, property owner Shellie Smith said in a statement.

The cops claimed that they were looking for marijuana. Even if that was the actual goal, why not just send a couple of cops to the door? We’re talking about an organic farm, after all, not a crack house run by the Hell’s Angels.

But let’s at least be thankful the cops seized okra plants. The people of Arlington, Texas, can now walk the streets safely, freed from the danger of vegetables running amok.

So what triggered this raid?

…authorities had cited the Garden of Eden in recent weeks for code violations, including “grass that was too tall, bushes growing too close to the street, a couch and piano in the yard, chopped wood that was not properly stacked, a piece of siding that was missing from the side of the house, and generally unclean premises,” Smith’s statement said. She said the police didn’t produce a warrant until two hours after the raid began, and officers shielded their name tags so they couldn’t be identified.

Oh. My. God. These criminals had improperly stacked wood? And insufficiently mowed grass? No wonder they needed a SWAT team!

If you read Radley’s entire story, it seems clear that the real issue is that neighbors didn’t like the messy conditions of the farm and they pressured the local government to do something about it.

I probably wouldn’t like living next door to somebody who kept a piano in their yard, so I’m sympathetic to their concerns.

Stories like this are why I picked my license plate

And even though I’m libertarian and much prefer that neighborhood standards be determined by private agreements, even I’m not going to get overly agitated by zoning rules about couches in the front yard.

But why deal with this trivial conflict by ordering “aerial surveillance, a SWAT raid and a 10-hour search”?

Sounds like the local police force has a bloated budget and tries to justify its wasteful practices by concocting needlessly risky operations.

P.S. The government’s harassment of another organic farm was the runaway winner of my contest for the worst example of government thuggery.

P.P.S. As I already mentioned, I don’t think this raid was about marijuana, but I don’t want to miss an opportunity to say that it’s time to end the foolish Drug War. People who abuse drugs may be stupid, but they’re not infringing on my rights. But the War on Drugs had led to all sorts of policies that do infringe on our rights, from disgusting asset forfeiture policies to pointless snooping on our bank accounts.

P.P.S. To close with some humor, check out what Dave Barry had to say about great moments in government.

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