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Posts Tagged ‘War on Drugs’

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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Here’s a new edition of my “you be the judge” series.

These are posts designed to explore some of the more challenging aspects of a pro-libertarian philosophy.

Today’s example comes from Colorado, which had displayed a libertarian streak on issues ranging from school choice to drug legalization.

But the latter issue is the source of today’s quandary. Should marijuana be legal if it means more tax revenue that will be used by the political elite to expand the burden of government spending?

Here are the details from the Denver CBS station.

A draft bill floating around the Capitol late this week suggests that a new ballot question on pot taxes should repeal recreational pot in the state constitution if voters don’t approve 15 percent excise taxes on retail pot and a new 15 percent marijuana sales tax. Those would be in addition to regular state and local sales taxes. …Marijuana activists immediately blasted the proposal as a backhanded effort to repeal the pot vote, in which 55 percent of Coloradans chose to flout federal drug law and declare pot legal in small amounts for adults over 21.

If my math is correct, the politicians want a 30 percent special tax on marijuana, which is on top of the regular taxes that would be imposed.

That would be fine with me – if the proposal specified that the additional tax revenue was offset by a tax cut of equal size.

But as I explained in my “starve-the-beast” post, higher taxes usually finance bigger government.

Indeed, some politicians openly admit that they want the new revenue to expand the budget.

Sen. Larry Crowder, R-Alamosa, said the whole purpose of legalizing recreational marijuana was to raise money for education and other programs. “So if there’s no money, we shouldn’t have marijuana,” Crowder said. …In Washington state, the only other place where voters last year approved recreational pot, the ballot measure set taxes at 75 percent, settling the question. Both states are still waiting to find out whether the federal government plans to sue to block retail sales of the drug, set to begin next year.

Though I didn’t realize that the state of Washington imposes a 75 percent tax on marijuana. How…um…French!

More Money for Government? The Ultimate Buzz Kill

So what’s the bottom line? If I lived in Colorado, would I vote to keep pot legal even if it meant more money from the buffoons in the state capital?

Since drug legalization is about 990 out of 1000 in my list of priorities, I’m tempted to say no.

On the other hand, it would be nice to reduce the onerous burden of the War on Drugs, which has been used an excuse to expand the size and scope of government.

What do you think?

P.S. If you want more examples of “you be the judge,” previous editions are listed below.

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One of the new Tea Party senators, Ted Cruz, gained a lot of support when he was Solicitor General of Texas Texas Sovereigntyand successfully defended his state’s ability to execute a murderer over the objections of the International Court of Justice.

At the time, this fight even led me to confess one of my lurid fantasies.

Now we have another battle involving American states and an international bureaucracy.

Here are a couple of passages from a report in the Seattle Times.

A United Nations-based drug agency urged the United States government on Tuesday to challenge the legalization of marijuana for recreational use in Colorado and Washington, saying the state laws violate international drug treaties. …U.S. Attorney General Eric Holder said last week that he was in the last stages of reviewing the Colorado and Washington state laws. Holder said he was examining policy options and international implications of the issue.

Here’s a news flash for the bureaucrats at this branch of the United Nations in Vienna: American states are sovereign and don’t need to kowtow to a bunch of mandarins who get bloated (and tax free!) salaries in exchange for…well, I’m not sure what they do other than pontificate, gorge themselves at receptions, and enjoy first class travel at our expense while jetting from one conference to another.

If the people of Washington and Colorado want to legalize certain drugs, that’s their right. They haven’t signed any treaties with the United Nations.

By the way, this has nothing to do with whether drugs should be legalized.

Like John Stossel, Mona Charen, Gary Johnson, Pat Robertson, Cory Booker, and Richard Branson, I’m skeptical of the drug war.

But since I’m an abstainer, I confess I don’t really lose any sleep about the issue.

I generally do get agitated, by contrast, when international bureaucracies seek to impose one-size-fits-all policies on the world. Much of my ire is directed at the Paris-based Organization for Economic Cooperation and Development, which seeks to penalize jurisdictions that commit the horrible crime of having attractive tax regimes (or, to be more accurate, having tax regimes that are more attractive than those in places such as France and Germany).

But I also get upset with bad policies from the IMF, the World Bank, the EU mega-bureaucracy, and even the World Health Organization.

P.S. Have you ever noticed that U.N. offices are in swanky places such as New York City, Geneva, and Vienna? If these bureaucrats really want to help the world, why aren’t their offices in Havana, Lagos, and Chisinau.  That would be quite appropriate, after all, since Cuba, Nigeria, and Moldova are all members of the U.N. Human Rights Council.

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In early January, I shared a “libertarian purity test” based on 64 questions.

I was a bit disappointed that I only scored a 94 out of a possible 160, but my excuse is that it was really a test of anarcho-capitalism. And as I explained when sharing this amusing video, I’m only in favor of getting rid of 90 percent of government.

But maybe the simplest test of libertarianism (and also the simplest test of whether you’re a decent human being) is to see whether you’re upset by the following story.

It combines the lunacy of the drug war with the evil of asset forfeiture.

Here are some of the truly disgusting details from the OC Weekly. First we learn about the victims of this government abuse.

…he and his wife purchased the Anaheim building, which has suites for up to 12 offices, in 2003 and that her dental practice was located there. …Over the years, they’ve rented to a variety of tenants, from insurance companies to an immigration service.

This unfortunate couple rented space to a group that seemed to comply with federal and state legal requirements.

…on June 11, 2011, he began renting to a club called ReLeaf Health & Wellness. …Because of the Ogden memo, because medical marijuana was legal under state law, and because his tenants held business permits from the city, he figured he wasn’t doing anything illegal. “I am a law-abiding citizen,” he says. “I didn’t think I was doing anything wrong.”

But the city of Anaheim and the jackboots at the Drug Enforcement Administration targeted the tenant, and then decided to try and steal the property of the landlord!

…On Dec. 2, 2011, an undercover officer posing as a patient with a legitimate doctor’s recommendation for cannabis—something required of all entrants to the collective—”purchased 4.2 net grams of marijuana for $37.” The investigation ended there, but the single sale…was enough evidence for the DEA to argue that the otherwise-harmless computer engineer and dentist should lose their retirement-investment property. …The lawyer for the engineer and dentist who may be in the process of losing their nest egg is Matthew Pappas. …”The only evidence in this case is a $37 purchase of medical marijuana and an anonymous comment on a website that anybody could have written,” Pappas says. “For this, they want to take a $1.5 million building.”

You may be thinking that you missed something, that certainly the federal government wouldn’t steal an entire building simply because a tenant may have broken a silly drug law. Especially when it’s very ambiguous whether a crime actually took place.

But you didn’t miss a thing. This is pure, unadulterated, evil government.

And if you’re not already feeling some libertarian blood flowing through your veins, here are some additional examples of government thuggery.

Yes, this is why we’re paying taxes. And Obama just got one tax increase and now he’s asking for another tax increase!

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Someone has to take the tough assignments

I’m currently in the British Virgin Islands to speak at a conference. As you can see from this photo (taken from my satellite office), I’m having to endure hardship conditions.

But I’m willing to suffer because I believe in making personal sacrifices in the battle for liberty.

As you can probably guess, I’m speaking about tax competition. But I write about that issue so much that there’s no need for me to reiterate my remarks.

Instead, I want to focus on the speech given this morning by Sir Richard Branson, founder and head of the Virgin business empire.

Why does Branson get higher billing than me?!?

Sir Richard is a tax resident of BVI (which is a smart step since there’s no income tax here and the top tax rate in the U.K. is 50 percent), and most of his speech focused on business and development advice for his adopted home.

But he also spent several minutes talking about the damaging and destructive impact of the War on Drugs. And I’m proud to say that he cited data from a Cato Institute report on the successful decriminalization policy in Portugal.

This isn’t the first time he’s mentioned Cato’s work on the issue, by the way. As my colleague Tim Lynch noted last year, Branson also cited the Portugal study in a strong message against the failed War on Drugs that he posted on the Virgin.com website.

I suspect Branson isn’t willing to give up his day job running the Virgin Group, but we’re happy to have him as a volunteer publicist for our studies and the cause of liberty.

Incidentally, he’s not the only one who has commented on this development. The Economist also has noted the positive impact of Portugal’s pro-liberty policy.

And if you want general information on the failed Drug War, check out this story on the complete mis-match between the costs and benefits of prohibition. And here’s a speech by Gov. Gary Johnson on the issue, as well as a video exposing how the War on Drugs is completely ineffective – or even counterproductive.

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I’ve written before about how the War on Poverty has likely resulted in more poverty.

I don’t know if the War on Drugs results in more drug use, but I have posted about how it is a costly failure that increases overall crime.

The good folks at Reason TV have just released a video about no-knock raids. This isn’t a typical policy video, but that may make it even more persuasive.

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Sometimes it is a pain in the neck to be allied with conservatives. Just like liberals, conservatives sometimes are guilty of imposing their preferences on society, regardless of clear and unambiguous language in the Constitution.

The most recent example is a case originating in Kentucky. Every Supreme Court Justice, with the exception of Ruth Bader Ginsburg, voted to ignore the 4th Amendment and allow unlawful entry into the dwelling of a private citizen. Michael Walsh of National Review explains in the New York Post.

A series of recent court rulings, including one this week from the US Supreme Court, appear to erode one of our bedrock defenses against the arbitrary, abusive power of the state. At risk: the Fourth Amendment guarantee to all American citizens of the right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” On Monday, in Kentucky v. King, the high court upheld the conviction of a man arrested after cops — who were tailing a suspected drug dealer into an apartment building — smelled marijuana smoke and banged on his door. When they heard noises coming from the apartment “consistent with the destruction of evidence,” they broke in and found drugs. But they had the wrong guy. The drug courier was in another apartment. Hollis King may have been breaking the law, but he was minding his own business, on his own premises, and only became a suspect after the police had made their mistake. But Justice Sam Alito, writing for the 8-1 majority, said, in effect, So what? …What planet is Alito living on? The whole point of the Bill of Rights is to restrict authority. The Founders, who suffered under the British system of “general warrants” and “writs of assistance” — i.e., fishing expeditions — wished to ensure that no American home could be searched without probable cause and a duly issued warrant specifying exactly what police are looking for. The case has been remanded to Kentucky, to sort out whether the circumstances were truly “exigent.” But Alito’s interpretation is an open invitation to abuse — as Justice Ruth Bader Ginsburg emphatically warned in her dissent: “The court today arms the police with a way routinely to dishonor the Fourth Amendment’s warrant requirement in drug cases. In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down — never mind that they had ample time to obtain a warrant. I dissent from the court’s reduction of the Fourth Amendment’s force.”

The final point I’ll make is that this is yet another sign that the War on Drugs is a disaster. It results in bigger government and less freedom. You can be completely anti-drug (like me), but still realize that it’s not the job of government to dictate the decisions of other people.

Or, if you want to control other people, do it within the confines of the Constitution. Is that too much to ask?

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