THE WAR ON DRUGS IS OVER!! …or IS IT? by Bob Podolsky
Bad News is Not News
Titanians have long maintained that the drug-war (often called the “war on drugs”) is one of our government’s more egregious ethical faux pas, and that it contributes, as much as any other government-sponsored war, to the de-legitimizing of our government. As did its progenitor, alcohol prohibition, the drug-war violates the principle that individual people own their bodies and have the innate right to do whatever they wish to do to their own bodies – whether by means of drugs or otherwise. Legislative edicts that violate this principle constitute instances of forbidding mala prohibita, laws that don’t exist to protect people from one another; but only to impose the will of one group of people upon another. Such edicts are grossly unethical; and their enforcement constitutes mala in se, which are real crimes against persons.Unintended Consequences – Perhaps
The drug-war has become inextricably entwined with the so-called “war on terror”. What are the government-stated purposes of these wars?- The reduction of drug addiction, and “associated” crimes of violence – and
- The reduction of terror and concomitant increase in personal security.
- The continual increase in drug use and addiction,
- The dramatic increase in “associated” crimes of violence,
- The dramatic increase in the level of terror experienced by most people,
- The dramatic increase in police brutality to innocents,
- The dramatic increase in government invasion of individuals’ privacy,
- The dramatic increase in court rulings that conflict with established laws and that exonerate the real perpetrators in the instances listed above, and
- The dramatic increase in the bogus imprisonment of people who should be pitied, rather than punished, and
- The dramatic increase in the enormous population of innocent people whose lives and careers have been destroyed due to the prejudicial stigma attached to prosecution under drug-war edicts – together with
- The dramatic increase in the publicly-borne costs associated with the above results.
- in the security and surveillance industries,
- in the intelligence industry,
- in the law enforcement industry,
- in the property confiscation industry
- in the “justice system” industry,
- in the “penal system” industry, and
- in the “illicit drug” industry itself – which wouldn’t even exist, were it not for the prohibition against drugs!
Some Good News – at Last Putting aside, for the moment, the discussion of intentions vs. realities, consider the significance of recent legal precedents to the effect that the Drug-War is Over – at least in principle.
Here’s how this came about. Over 10,000 years ago, Native Americans in both North and South America began using natural herbs sometimes known as “Teaching Plants” in their spiritual and healing ceremonies. These teaching plants could be marijuana (cannabis), mushrooms (psilocybin), tobacco (nicotine), peyote (mescaline) or Ayahuasca (dmt). In Native American spirituality, ALL plants are sacred! In this country, Native Americans in the Southwest focused primarily on the use of peyote. As Europeans came to this continent and began to exterminate the Native American population, a central feature of this effort was directed at destroying the culture of Native Americans. In many ways this effort continues to this day. However, despite many failed treaties and betrayed agreements, and despite the largely successful efforts to suppress Native American culture and traditions, the culture and traditions have survived; and, most importantly, so have a few of the treaties and a few of the laws that were put in place to protect Native Americans. Based on these few laws, recent legal precedents (see the link at the end of this article) have established two vital principles:- Legitimate members of the Native American Church (NAC) have the right under law to use any natural herbs they wish in their spiritual observances – and are exempt from legislation at any level of U.S. Government forbidding the use, possession, transportation, or transmittal of such substances. And –
- The Native American Church has the right (and the wish) to welcome people of any race into their membership – the government not having the right to force NAC to discriminate in its membership criteria by race.1