“Who would believe that a democratic government would pursue for eight decades a failed policy that produced tens of millions of victims and trillions of dollars of illicit profits for drug dealers, cost taxpayers hundreds of billions of dollars, increased crime and destroyed inner cities, fostered widespread corruption and violations of human rights - and all with no success in achieving the stated and unattainable objective of a drug free America?” - Milton Friedman, winner of 1976 Nobel Memorial Prize for economic science Drug War: How We Got Into This Mess and the Special Interests That Keep Us Here Suzanne Wills Drug Policy Forum of Texas Email - suzy@dpft.org Slides created by Nathan Kohler Mission: To provide scientific information and expert opinion about drugs and to suggest a path to better policies. http://www.dpft.org/ 1906 Pure Food & Drugs Act U. S. Postal Service commemorative stamp issued January 15, 1998. George Washington reportedly used laudanum to ease the pain caused by his ill fitting dentures. It was easily available until 1914. 45% alcohol with 2.964 grams of opium per fluid ounce http://wings.buffalo.edu/aru/preprohibition.htm In 1910 there were 12,000 temperance leagues with 248,343 members. By 1920 membership had risen to 345,949. Source: Norton Mezvinsky, "The White Ribbon Reform, 1874-1920” Dr. Hamilton Wright Set out to eradicate opium use – Harrison Narcotics Act – The creation of addict as a criminal – Was a severe alcoholic - Supported by temperance movement - Financially supported by wife, Elizabeth Washburn Wright – Alcohol still, circa 1925 Virginia Tech Palmer Collection http://imagebase.lib.vt.edu/browse.php?folio_ID=/palmer/kn/moon Harry J. Anslinger, Commissioner of Federal Bureau of Narcotics, 1930-1962 "... the primary reason to outlaw marijuana is it’s effect on the degenerate races." 1937 http://www.conquestdesign.com/uncler/index.html Reefer Madness, was produced in 1936 with the close collaboration of the Bureau of Narcotics. - Marijuana Tax Act of 1937 ‘…to levy a token tax of approx. $1 on all buyers, sellers, importers, growers, physicians, veterinarians, and any others who deal in marijuana commercially, prescribe it professionally, or possess it.’ - 5 years prison and/or $2000 fine - Doctors had to report to Bureau of Narcotics on patients or both would be fined/ jailed - Made marijuana unprofitable as a pharmaceutical product Crimes of Indiscretion: Marijuana Arrests in the United States By Jon B. Gettman, Ph.D. June, 05 Jeffrey A. Miron Visiting Professor of Economics Harvard University Cannabis prohibition costs: Law enforcement- $7.7 billion Lost tax revenue: $2.4-$6.2 billion LE-$273.71 million Lost tax-$46.6-$59.3 million http://prohibitioncosts.org/mironreport.html UNITED STATES DEPARTMENT OF JUSTICE Drug Enforcement Administration _______________________________________ ) In The Matter Of ) ) Docket No. 86-22 MARIJUANA RESCHEDULING PETITION ) ______________________________________) OPINION AND RECOMMENDED RULING, FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION OF Administrative LAW JUDGE. FRANCIS L. YOUNG, Administrative Law Judge DATED: SEP 6 1988 …There is no record in the extensive medical literature describing a proven, documented cannabis-induced fatality. …Marijuana, in its natural form, is one of the safest therapeutically active substances known to man. “Oncology” Vol. 13, No. 12 (December 1999) “In several states, marijuana smoking exceeds tobacco smoking among young people….” John Walters Director of the Office of National Drug Control Policy (the drug czar) National Review, September, 2004 Fumigated food crops in Colombia. Photo by Sanho Tree, Institute for Policy Studies. Tobacco kills over 400,000 people in the U.S. every year and millions more worldwide. Murder rate, Dallas, TX, 2004: 20 per 100,000. Dallas Morning News Jan. 16, 2005 http://www.ojp.usdoj.gov/bjs/glance/hmrt.htm Http://www.hero.ac.uk/uk/studying/archives/2002/no_politics__please1376.cfm Inscribed: To Governor Ray Shafer ...from his devoted friend Richard M. Nixon http://shafer.allegheny.edu/figures.html The Shafer Commission issued its report on marijuana policy on March 22, 1972Washington, DC - A Presidential commission's report recommends that marijuana be legalized. The Commission concluded that marijuana users "are essentially indistinguishable from their nonmarijuana using peers by any fundamental criterion other than their marijuana use." They found that, "Neither the marijuana user nor the drug itself can be said to constitute a danger to public safety." The Commission recommended "Decriminalization of possession of marijuana for personal use on both the state and federal levels." The Report of the National Commission on Marihuana and Drug Abuse Marihuana: A Signal of Misunderstanding Commissioned by President Richard M. Nixon, March, 1972 "...the creation of ever-larger bureaucracies, ever-increasing expenditure of monies and an outpouring of publicity so that the public will know that 'something' is being done. Perhaps the major consequence of this ... has been the creation of a vested interest in the perpetuation of the problem among those dispensing and receiving funds ... In the course of wellmeaning efforts to do something about drug use, this society may have inadvertently institutionalized it as a never-ending project." http://www.newscientist.com/channel/health/mg18524921.300 (1985) http://www.unodc.org/pdf/trends2003_www_E.pdf (2002) The intoxication instinct New Scientist vol 184 issue 2473 13 November 2004, page 32 Meth lab, 2005 Okanogan County, Washington , Feb. 2005 http://www.omakchronicle.com/news/meth/meth1.html Barry McCaffrey Director of Office of National Drug Control Policy, 1996 - 2001 U.S. Prisons More than $55,000,000,000 a year More than 2,000,000 prisoners Source: 2003 ONDCP National Drug Control Strategy 2002 National Survey on Drug Use and Health Percent of high school seniors reporting they could obtain drugs fairly easily or very easily, 2003 Marijuana 87.1 % Amphetamines 55.0 Cocaine 43.3 Crack 35.3 Barbiturate 35.3 LSD 33.6 Tranquilizers 29.8 Heroin 27.9 Crystal methamphetamine 26.1 PCP 21.9 Amyl/butyl nitrites 19.7 Source: University of Michigan, Monitoring the Future National Results on Adolescent Drug Use: Overview of Key Findings 2003, 2004 http://www.ojp.usdoj.gov/bjs/dcf/du.htm#Availability George McMahon Nail Patella Syndrome Irvin Rosenfeld-Bone disorder Elvy Musikka Glaucoma patient Corrine Millet-glaucoma patient Barb Douglass-multiple sclerosis patient Two patients maintain anonymity. Conant vs. McCaffrey (later vs. Walters) established physicians’ right to discuss Cannabis with their patients. Dr. Marcus Conant Lead plaintiff Gonzales v. Raich, June 6, 2005 “…despite a congressional finding to the contrary, marijuana does have valid therapeutic purposes." “In the early days of the Republic, it would have been unthinkable that Congress could prohibit the local cultivation, possession, and consumption of marijuana.” Justice Clarence Thomas “The undertreatment of pain in hospitals is absolutely medieval.” Dr. Russell Portnoy Pain Center at Sloan Kettering Memorial Hospital “…The use of pain medications has become a crime story when it…should be a healthcare story.” Dr. David E. Joranson, University of Wisconsin Medical School “Return on Investment in Needle Exchange and Syringe Programs” for the decade of the 1990s Financial return: Investment US$ 71.8 million Savings US$ 1.3-4.1 billion Cases of disease avoided: HIV 25,000 Hepatitis C 21,000 NEEDLE EXCHANGE PROGRAMS: SENDING THE RIGHT MESSAGE http://www.bakerinstitute.org/Pubs/wp_needles.pdf Heroin injection has often been the ignition point for AIDS outbreaks in third world cities. Table 2. Changes in the patients' status in the Swiss heroin study (n = 237) http://www.ccbh.nl/rapport_engels_html/chapter1/16.htm The clinic in Bern, Switzerland is in this building "I know of no other crime prevention program with such a big reduction in theft and other serious crimes." Martin Killias, Institute of Police Science and Criminology In year 2000 dollars 55 pounds of heroin was worth $128,000 on the legal market. www.nagoya-customs.go.jp/. ../images/heroin. It was worth $3.7 million on the illegal market. Source: St. Petersburg Times July 31, 2001 “I find that a policy of prohibition fails to deliver reductions in drug use or supply, provides incentives for increased crime, profits for criminal endeavour and an environment of mistrust and ignorance that is socially and educationally counterproductive. “ Eddie Ellison, the former operational head of Scotland Yard's Drug Squad http://eddie.gn.apc.org/index.php?pID=1 GW pharmaceuticals is developing a portfolio of cannabis medicines the first of which, “Sativex®”, received an Approval with Conditions from Health Canada in April 2005 for use as an adjunctive treatment for the symptom relief of neuropathic pain in Multiple Sclerosis (MS). http://www.gwpharm.com/ Special Interests All federal agencies The defense industry The pharmaceutical industry The advertising industry and the media The prison industry The tobacco and liquor industries The drug testing industry The drug treatment industry The home security industry The timber industry The international illegal drug cartels The defense industry Plan Colombia now the Andean Counterdrug Initiative 2003 prices: Coca base-$360/lb. Whsl cocaine-$17,000/lb. Retail cocaine-$48,000/lb. A farmer dries his cocaine base in the sun in Monserrate. Photograph by Carlos Villalón http://magma.nationalgeographic.com/ngm/0407/feature2/zoom4.html The Oregonian, 24 Feb. 2005 2000 Plan Colombia bill-$1.3 billion $1.1 billion to buy helicopters $200 million to spray crops with glyphosate Bell’s Huey II Sikorsky’s Black Hawk Each year the coca crop and the fumigation campaign move further into the Amazon jungle with disastrous results to its ecosystem. Destroyed peanut crop in Colombia. http://www.nadir.org/nadir/initiativ/agp/free/colombia/presspack 500-mile oil pipeline, partly owned by Occidental Petroleum Company of California www.amazonwatch.org "Thus far we have not seen a change of availability in the United States." John Walters, August 4, 2004 Congressional Research Service Reports for Congress Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator Jan Egeland addressing the Security Council. Jan Egeland has described Colombia as “the biggest humanitarian problem, human rights problem, the biggest conflict in the Western Hemisphere.” The pharmaceutical industry Medical marijuana James E. Burke Chairman of Johnson & Johnson 1976-1989 Chairman of PDFA 1989-2002 Robert Wood Johnson Foundation Comcast Cable Consumer Healthcare Products Association MetLife Foundation Purdue Pharma L.P. BASF Corporation Bayer Corporation F. M. Kirby Foundation GE Foundation General Motors Foundation Cardinal Health Foundation GlaxoSmithKline Eastman Kodak Company Kimberly-Clark Johnson & Johnson McNeil Consumer Products Joseph Drown Foundation Merrill Lynch & Co., Foundation, Inc. Major League Baseball Perrigo Company The Bristol-Myers Squibb Foundation, Inc. Pfizer Inc. The Procter & Gamble Fund Schering-Plough Foundation Wyeth Consumer Healthcare Division http://www.drugfree.org/Portal/About/Partners/list.aspx March 30, 2005 “Drugmakers go furthest to sway Congress” Jim Drinkard, USA TODAY, 26 April 2005 “’PhRMA’,” this lobby has a death grip on Congress”. Summer, 2002 “Drugmakers go furthest to sway Congress” Jim Drinkard, USA TODAY, 26 April 2005 Pharmaceutical corporations save millions of dollars every day that they avoid generic competition. After 19 major surgeries and hundreds of pharmaceutical drugs, George McMahon now uses only Cannabis to control his Nail Patella Syndrome. Fall, 2004 Medical marijuana? Favor-75% Oppose-19% DK-6% 70% 62% 71% 62 83% 79% 77% The advertising industry and the media “On strategy” content and the National Youth Anti-Drug Campaign November 14, 1996 meeting at the offices of then drug czar Gen. Barry McCaffrey: Drug Enforcement Administration Department of Justice White House Office of Drug Control Policy Department of Treasury Department of Education Department of Health and Human Services The White House Eight senior executives from private pro-drug war groups, including The Partnership for a Drug Free America The principal purpose of ONDCP is to establish policies, priorities, and goals for the Nation's drug control program. To achieve this, ONDCP is charged with producing the National Drug Control Strategy. The Strategy directs the Nation's anti-drug efforts and establishes a program, a budget, and guidelines for cooperation among Federal, State, and local entities. http://www.whitehousedrugpolicy.gov/publications/policy/ndcs05/ The Partnership for a Drug-Free America is a nonprofit coalition .... The Partnership’s research-based, educational campaigns are disseminated through all forms of media, including TV, radio and print advertisements and over the Internet. Comcast Cable Consumer Healthcare Products Association MetLife Foundation Purdue Pharma L.P. http://www.drugfree.org/Portal/About/Partners/list.aspx March, 2005 Parade received more than any other publication for “on strategy” messages in its content. Sponsored by the Office of National Drug Control Policy “Drugstory.org facilitates contacts with experts around the country who can answer writers' questions about substance abuse. “ http://drugstory.org/ Advertising Hall of Achievement 2003 Photo Gallery First on the left is Stephen Pasierb, President Partnership for a Drug-Free America GAO ANTI-DRUG MEDIA CAMPAIGN March 2005 http://www.csdp.org/research/d05175.pd The prison industry 5% of the world’s people 25% of the world’s prisoners http://www.aca.org/Conferences/ Cromwell Architects Engineers Val Verde County Jail Facility Del Rio, Texas http://www.corrections.com/ Holliday unit, Texas prison system, Huntsville Unit Locations 30 25 20 15 10 5 0 Harris Dallas Tarrant Bexar Travis Of the 55,183 Texas prisoners returned to their homes during 2001, 59% returned to just 5 counties. Wackenhut Corrections Corporation “In Lockhart, Texas, we operate work program facilities for the Texas Department of Criminal Justice-Parole Division. As there is an inverse relationship between marketable job skills and the incidence of incarceration, we have recruited private industry to establish factories within the facilities, train offenders in appropriate skills, and pay them for their labor under the Prison Industry Enhancement Certification Program (PIECP) program. “ Source: www.wcc-corrections.com http://www.prisonpolicy.org/graphs/privateprisons19872001.shtml “Today, CCA is the sixth largest corrections system in the country, coming just after Texas, California, the federal government, New York, and Florida.” Average sentences for federal convictions (in months) 80 70 72.7 60 65.2 50 40 30 34.3 37.7 20 10 0 Drug trafficking Manslaughter Assault Sexual abuse Report of American Bar Association Justice Kennedy Commission, June 2004 Loren Pogue 22 years for failing to stop the sale of a piece of real estate from a paid informant to under-cover DEA officers after they said they would build an airstrip and fly in drugs. Now held in the Federal Medical Center in Ft. Worth. http://www.hr95.org/hr95faces.html http://drugsense.org/temp/AXPeaceXPlanX75XDPI.pdf World rank in public safety indicators (Higher rank indicates greater public safety) Source: Economic and social data ranking, European Institute of Japanese Studies 30 25 20 Homicides Assaults Thefts 15 10 5 0 UK Canada Netherlands USA Switzerland http://www.prisonpolicy.org/graphs/illiteracy.shtml Serving three consecutive life sentences without possibility of parole for introducing a friend to a drug dealer. Clarence Aaron http://www.hr95.org/hr95faces.html Solitary confinement units, aka "Administrative segregation" Ohio Department of Corrections Ohio's prison system is at the forefront of improving conditions for mentally ill prisoners. http://www.pbs.org/wgbh/pages/frontline/shows/asylums/etc/synopsis.html U.S. Department of Justice · Office of Justice Programs Bureau of Justice Statistics HIV in Prisons and Jails, 2002 Serving 3 LIFE sentences + 20 years “…They didn't want me for anything… they wanted my husband… I couldn't tell them what I did not know." Danielle Metz http://www.hr95.org/hr95faces.html African-Americans as a % of: 80 70 74 60 50 40 38 30 42 20 10 0 12.3 13 18 US Drug users Drug Arrested- Sent Federal population sellers drugs enced- prisoners drugs http://www.prisonpolicy.org/articles/notequal.shtml http://www.prisonpolicy.org/graphs/juveniles.shtml 164,222 inmates June, 2003 Texas spends $1.45 million a day keeping adult drug offenders locked up. Robert Bryce, Salon , Aug. 24, 1999 Texas prisoners per 100,000 population 800 700 600 500 400 300 200 100 0 1970 1980 1990 2000 2004 Texas Tough: Three Years Later by Vincent Schiraldi & Jason Ziedenberg http://www.justicepolicy.org/article.php?id=134 Texas prisoners by offense Texas Dept. of Criminal Justice, August, 2002 50 45 40 46% 35 30 25 24% 20 19% 15 10 11% 5 0 Violent Property Drugs Other Female prisoners by offense Texas Dept. of Criminal Justice, August, 2002 40 35 37.3% 30 25 28.5% 24.4% 20 15 10 9.8% 5 0 Violent Property Drugs Other General population per 2000 census Prison population per Texas Dept of Criminal Justice, August 2002 60 50 52.4% 40 30 41% 31% 32% 27% 20 10 0 Gen. pop. Prisoners 11.5% White non-Hisp Hispanic AfricanAm 4.1% 1% Other Inmates incarcerated for a drug offense Texas Dept. of Criminal Justice, August, 2004 50 45 49.5% 40 35 30 25 25.3% 20 15 17.4% 10 5 0 7.8% Black Hispanic White Other JUSTICE POLICY INSTITUTE POLICY BRIEF: RACE AND IMPRISONMENT IN TEXAS February, 2005 “Our resources are misspent, our punishments too severe, our sentences too long.” Supreme Court Justice Anthony Kennedy to the American Bar Association, August, 2003 Essential public policy objectives Enhanced public order and reduced crime. Improved public health. Protection of children. Efficient use of scarce public resources. The War on Drugs has not only failed to fulfill any of these objectives, but also has exacerbated the very problems it was designed to address. King County Washington Bar Association, Drug Policy Project, 2001 RESOLUTION: State Regulation and Control of Psychoactive Substances Therefore, the King County Bar Association resolves that: The Washington State Legislature should establish a special consultative Body… to provide specific recommendations for legislation to establish regulatory systems and structures for the State of Washington to control psychoactive substances that are currently produced and distributed exclusively through illegal markets…. ADOPTED this 19th day of January, 2005. Signatories to the resolution adopted the 19th day of January, 2005 include: The Washington State Bar Association The Washington State Medical Association The Washington Society of Addiction Medicine The Washington State Psychiatric Association The Washington Academy of Family Physicians The Washington State Pharmacy Association The Church Council of Greater Seattle The Seattle League of Women Voters The Drug Policy Forum of Texas is an educational organization with no legislative agenda. For sources contact Suzanne Wills, suzy@dpft.org.