The War on Drugs Has Become the War on the American People

By John W. Whitehead
Rutherford Institute
Oct. 18, 2011

"On July 29, 2008, my family and I were terrorized by an errant Prince George's County SWAT team. This unit forced entry into my home without a proper warrant, executed our beloved black Labradors, Payton and Chase, and bound and interrogated my mother-in-law and me for hours as they ransacked our belongings… As I was forced to kneel, bound at gun point on my living room floor, I recall thinking that there had been a terrible mistake. However, as I have learned more, I have to understand that what my family and I experience is part of a growing and troubling trend where law enforcement is relying on SWAT teams to perform duties once handled by ordinary police officers."—Maryland Mayor Cheye Calvo in testimony before the Maryland Senate

Insisting that the "damage done by drugs is felt far beyond the millions of Americans with diagnosable substance abuse or dependence problems," President Obama has declared October 2011 to be National Substance Abuse Prevention Month. However, while drug abuse and drug-related crimes have unquestionably taken a toll on American families and communities, the government's own War on Drugs has left indelible scars on the population.

Indeed, although the Obama administration has shied away from using the phrase "War on Drugs," its efforts to crack down on illicit drug use—especially marijuana use—have not abated. Just consider—every 19 seconds, someone in the U.S. is arrested for violating a drug law. Every 30 seconds, someone in the U.S. is arrested for violating a marijuana law, making it the fourth most common cause of arrest in the United States.

So far this year, approximately 1,313,673 individuals have been arrested for drug-related offenses. Police arrested an estimated 858,408 persons for marijuana violations in 2009. Of those charged with marijuana violations, approximately 89 percent were charged with possession only. Moreover, since December 31, 1995, the U.S. prison population has grown an average of 43,266 inmates per year, with about 25 percent sentenced for drug law violations.

The foot soldiers in the government's increasingly fanatical war on drugs, particularly marijuana, are state and local police officers dressed in SWAT gear and armed to the hilt. These SWAT teams carry out roughly 50,000 no-knock raids every year in search of illegal drugs and drug paraphernalia. As author and journalist Radley Balko reports, "The vast majority of these raids are to serve routine drug warrants, many times for crimes no more serious than possession of marijuana... Police have broken down doors, screamed obscenities, and held innocent people at gunpoint only to discover that what they thought were marijuana plants were really sunflowers, hibiscus, ragweed, tomatoes, or elderberry bushes. (It's happened with all five.)"

Take the case of Philip Cobbs, an unassuming 53-year-old African-American man who cares for his blind, deaf 90-year-old mother and lives on a 39-acre tract of land that's been in his family since the 1860s. Cobbs is the latest in a long line of Americans to find themselves swept up in the government's zealous pursuit of marijuana. On July 26, 2011, while spraying the blueberry bushes near his Virginia house, Cobbs noticed a black helicopter circling overhead. After watching the helicopter for several moments, Cobbs went inside to check on his mother. By the time he returned outside, several unmarked police SUVs had driven onto his property, and police in flak jackets, carrying rifles and shouting unintelligibly, had exited the vehicles and were moving toward him.

Although the officers insisted they had sighted marijuana plants growing on Cobbs' property (they claimed to find two spindly plants growing in the wreckage of a fallen oak tree), their real objective was clear—to search Cobbs' little greenhouse, which he had used that spring to start tomato plants, cantaloupes, and watermelons, as well as asters and hollyhocks. The search of the greenhouse turned up nothing more than used tomato seedling containers. Incredibly, police had not even bothered to secure a warrant before embarking on their raid of Cobbs' property—part of a routine sweep of the countryside in search of pot-growing operations that had to cost taxpayers upwards of $25,000, at the very least.

Thankfully for Cobbs, no one was hurt during the warrantless raid on his property. However, that is not the case for many Americans who find themselves on the wrong end of a SWAT team raid in search of marijuana. For example, on May 5, 2011, a SWAT team kicked open the door of ex-Marine Jose Guerena's home during a drug raid and opened fire. Thinking his home was being invaded by criminals, Guerena told his wife and child to hide in a closet, grabbed a gun and waited in the hallway to confront the intruders. He never fired his weapon. In fact, the safety was still on his gun when he was killed. The SWAT officers, however, not as restrained, fired 70 rounds of ammunition at Guerena—23 of those bullets made contact. Guerena had had no prior criminal record, and the police found nothing illegal in his home.

Tragically, Jose Guerena is far from the only innocent casualty in the government's War on Drugs. Botched SWAT team raids have resulted in the loss of countless lives, including children and the elderly. Usually, however, the first to be shot are the family dogs. As Balko reports:

When police in Fremont, California, raided the home of medical marijuana patient Robert Filgo, they shot his pet Akita nine times. Filgo himself was never charged. Last October [2005] police in Alabama raided a home on suspicion of marijuana possession, shot and killed both family dogs, then joked about the kill in front of the family. They seized eight grams of marijuana, equal in weight to a ketchup packet. In January [2006] a cop en route to a drug raid in Tampa, Florida, took a short cut across a neighboring lawn and shot the neighbor's two pooches on his way. And last May [2005], an officer in Syracuse, New York, squeezed off several shots at a family dog during a drug raid, one of which ricocheted and struck a 13-year-old boy in the leg. The boy was handcuffed at gunpoint at the time.

Clearly, something must be done. There was a time when communities would have been up in arms over a botched SWAT team raid resulting in the loss of innocent lives. Unfortunately, today, we are increasingly coming to accept the use of SWAT teams by law enforcement agencies for routine drug policing and the high incidence of error-related casualties that accompanies these raids.

What's more, the government is providing incentives to the SWAT teams carrying out these raids through federal grants such as the Edward Byrne memorial grants and the Community Oriented Policing Services (COPS) grants. As David Borden, the Executive Director of Drug Reform Coordination Network (DRCNet), pointed out, "The exact details on how Byrne and COPS grants are distributed has not been studied, at least not to my knowledge, but an examination of grant applications by one of my colleagues found that they overwhelmingly focus on the number of arrests made, particularly drug arrests. Byrne grants also fund the purchase of equipment for SWAT teams."

Unfortunately, while few of these raids even make the news, they are happening more and more frequently. As Borden notes, "In 1980 there were fewer than 3,000 reported SWAT raids. Now, the number is believed to be over 50,000 per year…About 3/4 of these are drug raids, perhaps more by now, the vast majority of them low-level." Balko's research reinforces this phenomenon. Based on more than a year's worth of research and culled only from documented SWAT team incidents, Balko cites "40 cases in which a completely innocent person was killed. There are dozens more in which nonviolent offenders (recreational pot smokers, for example…) or police officers were needlessly killed. There are nearly 150 cases in which innocent families, sometimes with children, were roused from their beds at gunpoint, and subjected to the fright of being apprehended and thoroughly searched at gunpoint. There are other cases in which a SWAT team seems wholly inappropriate, such as the apprehension of medical marijuana patients, many of whom are bedridden."

Despite the government's current fanaticism about marijuana, America has not always been at war over the cannabis plant. In fact, in 1619, all farmers of the Jamestown colony were required to grow cannabis for rope and other military purposes. Over the next 200 years, a variety of laws required hemp harvesting. In some cases, landowners could be imprisoned for neglecting their duty to grow hemp. Oftentimes, a surplus of hemp could be used as legal tender, even for paying taxes. In 1850, there were 8,327 hemp plantations in the U.S.

It was only later, during the early 20th century, that the government embarked on an all-out assault on marijuana, largely due to corporate business considerations that favored the production of cotton over hemp and racist policies that tied Hispanics and blacks to marijuana use. For example, even though blacks only account for 15% of the drug using population (with whites making up a growing part of the market), the vast majority of drug arrests and convictions affect black drug users. Incredibly, more than 70% of prisoners convicted of nonviolent drug offenses are black or Latino.

The time has come to put an end to the government's racially-weighted, militant war on marijuana. It is a failed, costly and misguided program that has cost the country billions. As critics rightly point out, the war on marijuana has also resulted in a massive increase in incarceration rates. According to Joe Klein, writing for Time, "We spend $68 billion per year on corrections, and one-third of those being corrected are serving time for nonviolent drug crimes. We spend about $150 billion on policing and courts, and 47.5% of all drug arrests are marijuana-related."

Worse, the government's War on Drugs seems to have actually exacerbated the drug problems in this country, funding criminal syndicates and failing to restrict its availability or discourage its use. Indeed, the National Survey on Drug Use and Health revealed that as recently as 2005, 58% of the public found marijuana readily available, with 50% of 12 to 17 year olds declaring it easy to get.

A growing number of legal scholars, including Bruce Fein, who served as a high-ranking Justice Department official during the Reagan administration, are calling to end the prohibition on marijuana and treat it like alcohol by regulating and taxing it at the state level. Their rationale is that instead of allowing marijuana to flourish as a profitable black market crop, it should be taxed and regulated in a manner similar to tobacco and alcohol, which many in the medical community believe to be far more harmful than marijuana. Not only would that lessen violent criminal activity associated with the manufacture and sale of marijuana, but it would also provide an economic boost to ailing state and federal coffers. As it now stands, marijuana is the United States' largest cash crop (it brought in an estimated $35 billion in 2005), with a third of this production coming from California where it is the state's largest cash crop.

Recently, over 500 economists led by Nobel Laureate George Akerlof, Daron Acemoglu of MIT, and Howard Margolis of the University of Chicago, signed an open letter to the President, Congress, State Governors, and State Legislatures expounding the immense economic benefits of legalization. They pointed out that if marijuana sales were taxed at the same level as cigarettes and alcohol, the government would make up to $6.2 billion annually. Additionally, a repeal of the prohibition of marijuana would save federal, state, and local governments an estimated $7.7 billion annually by ending the need for enforcement of drug laws.

Acknowledging the medical benefits of marijuana, especially for those who suffer from Alzheimer's, HIV/AIDS, and multiple sclerosis, 16 states as well as the District of Columbia have also legalized it for medicinal purposes. Most recently, the California Medical Association, which represents more than 35,000 physicians statewide, called for the legalization and regulation of the plant.

As always, the special interests have a lot to say in these matters, and it's particularly telling that those lobbying hard to keep the prohibition on marijuana include law enforcement officials and alcoholic beverage producers. However, when the war on drugs—a.k.a. the war on the American people—becomes little more than a thinly veiled attempt to keep SWAT teams employed and special interests appeased, it's time to revisit our drug policies and laws. As Professors Eric Blumenson and Eva Nilson recognize:

During the 25 years of its existence, the "War on Drugs" has transformed the criminal justice system, to the point where the imperatives of drug law enforcement now drive many of the broader legislative, law enforcement, and corrections policies in counterproductive ways. One significant impetus for this transformation has been the enactment of forfeiture laws which allow law enforcement agencies to keep the lion's share of the drug-related assets they seize. Another has been the federal law enforcement aid program, revised a decade ago to focus on assisting state anti-drug efforts. Collectively these financial incentives have left many law enforcement agencies dependent on drug law enforcement to meet their budgetary requirements, at the expense of alternative goals such as the investigation and prosecution of non-drug crimes, crime prevention strategies, and drug education and treatment.

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Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book The Freedom Wars (TRI Press) is available online at www.amazon.com.