Jeff Sessions, Drugs and the Late Lamented GOP

Jeff Sessions is a poster boy for the contemporary GOP–a perfect example of its takeover by racists, misogynists and anti-intellectuals, and its retreat from (and misapplication of) its philosophical roots.

Nowhere is the intellectual and moral corruption Sessions represents clearer than in his enthusiasm for re-instituting the War on Drugs–a counterproductive effort that even the rank and file of the GOP has largely abandoned.

Whether Sessions’ determination to go after marijuana, as well as harder drugs, is a result of his inability or unwillingness to understand the research, or is prompted by investments in the private prison industry, as has been speculated, is beside the point. In either case, Sessions is an example of the division–the abyss– between thoughtful adherents of principled conservatism and the ideologues who appeal to a far less thoughtful Republican base.

Nothing makes those contemporary Republican divisions clearer than a recent issue of Policy Analysis, a publication of the Cato Institute. Whether one agrees with its positions or not, Cato is indisputably home to legitimate scholars who make principled and consistent arguments for a libertarian point of view that used to be widely accepted–albeit never dominant–within the GOP.

Unlike today’s Republicans, Cato does not confine its application of libertarianism to economic issues and the boardroom while cheerfully endorsing theocratic control of personal behaviors.

The Institute’s current research adds to the great weight of evidence against Session-like drug policy, as the introduction makes clear:

Proponents of drug prohibition claim that such policies reduce drug-related crime, decrease drug-related disease and overdose, and are an effective means of disrupting and dismantling organized criminal enterprises.

We analyze the theoretical underpinnings of these claims, using tools and insights from economics, and explore the economics of prohibition and the veracity of proponent claims by analyzing data on overdose deaths, crime, and cartels. Moreover, we offer additional insights through an analysis of U.S. international drug policy utilizing data from U.S. drug policy in Afghanistan. While others have examined the effect of prohibition on domestic outcomes, few have asked how these programs impact foreign policy outcomes.

We conclude that prohibition is not only ineffective, but counterproductive, at achieving the goals of policymakers both domestically and abroad. Given the insights from economics and the available data, we find that the domestic War on Drugs has contributed to an increase in drug overdoses and fostered and sustained the creation of powerful drug cartels. Internationally, we find that prohibition not only fails in its own right, but also actively undermines the goals of the Global War on Terror.

Right now, all eyes are on the harm being done to our nation by the embarrassing buffoon in the Oval Office and his cabinet of theocrats and incompetents. That harm is real. But an even greater and more long-term harm comes from the collapse of a once-respectable political party capable of articulating a serious, intellectually  challenging conservative philosophy.

Much as partisans like to believe it, no political party has all the answers to the dilemmas of modern society. Without the advantage of adult conversation and debate, without the ability to consider and evaluate contending good-faith approaches to our common problems, America can’t move forward.

As long as the GOP remains dominated by clones of Jeff Sessions — in thrall to a rigid ideology, bound to partisan litmus tests, and convinced that genuine consideration of probative evidence is tantamount to betrayal– we all lose.

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Pot and Kettle

Yesterday, the head of Indiana State Police did something police officers rarely do: he gave a candid answer to a question posed by a legislative study committee. State police Superintendent Paul Whitesell told members of the State Budget Committee on Tuesday that he had followed the issue during 40 years in law enforcement and believed we should legalize and tax possession of small amounts.

Whitesell had the guts to say publicly what numerous police officers and judges have said privately for years. The “War on Drugs” is a failure by any measure you want to apply: it’s illogical, expensive, and ineffective. The inclusion of marijuana in that war–in contrast to hard drugs–makes even less sense.

Current laws are illogical for a number of reasons. Drug abuse (which, by the way, is nowhere defined in our drug laws, which focus on any use of a “scheduled” substance) is a public health issue. Behaviors connected to the use of drugs–driving while impaired, theft to support a habit, etc.–are matters to be addressed by the criminal law, but the mere use of a substance deemed harmful is a health issue, and should be addressed as a health issue. Marijuana is less harmful to users than tobacco, yet we have wildly different approaches to pot and tobacco use–undoubtedly the result of a much more effective tobacco lobby. According to police officers I know, people who use pot are significantly less likely to become violent than people who abuse alcohol, yet we outlaw pot, but regulate and tax alcohol and tobacco.

Current laws are fiscally wasteful. The US spends roughly 60 billion dollars annually on drug prohibition, and we get virtually no bang for those bucks (see ineffective, below). We also forgo collection of billions of dollars in potential tax revenues that we would collect if we simply taxed pot like we treat alcohol and tobacco. We waste criminal justice resources that would be better used elsewhere, to treat drug abuse or to deter nonconsensual crimes that actually harm others. (Whitesell made this point in his testimony.)

We’ve lost this war. Not that the War on Drugs has ever been effective; the percentage of Americans who use hard drugs is pretty much the same as it has always been. Pot use has ebbed and flowed over time, providing the only real changes in the numbers. Thirty plus years of research has consistently demonstrated the utter failure of American drug policy, and the error of the premises upon which it has been constructed. (Pot smokers become hard drug users in about the same percentages as milk drinkers do, and we don’t outlaw milk as a “gateway drug.”) The only thing the Drug War has done effectively is ruin the lives of (disproportionately black) teenagers who are imprisoned for non-violent drug crimes.

What is frustrating is the number of policymakers who respond to this mountain of evidence with a renewed enthusiasm for failed interventions.

What would you think of a doctor who had performed a certain operation 200 times, with the same result: all the patients died. How convinced would you be by his conviction that he just needed to do more of that operation?

When are we going to learn from our mistakes?

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