An effective drug policy to protect America's youth and communities.

• Author: Hutchinson, Asa

INTRODUCTION

Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic of public debate. (1) Some argue that because we have not completely eradicated all illegal drug abuse, we should legalize the manufacture and distribution of all drugs, including cocaine, "crack" cocaine, Ecstasy, heroin, and other drugs that are highly addictive and dangerous. Some people agree that certain illegal drugs should remain illegal, but that other drugs, marijuana, for example, should be legalized, or, at least, decriminalized. (2) Some of these proposals stem from frustrations that the problem of drug abuse has not been completely solved, and that this problem would be better dealt with as a medical or health issue. In addition, proponents of legalization and decriminalization claim that the federal government focuses entirely on criminal enforcement, and not on prevention and treatment. (3) Proponents of marijuana legalization or decriminalization claim that smoking marijuana is safe, it has a proven medical use, and the criminal laws are being used to impose harsh prison sentences on people that used or possessed small amounts of marijuana. These claims have no factual or scientific basis. Before drawing any conclusions about the effectiveness of federal drug policy, it would be helpful to review the federal government's successes to date, review the scientific studies concerning marijuana use, and apply what has been learned from the past to our present circumstances and future drug strategy. (4)

1. DRUG USE IN AMERICA

   Proponents of legalization frequently cite the large number of illegal drug abusers in America as a basis to legalize some or all drugs. These are the facts. 7.1 percent of the U.S. population aged twelve or older uses illegal drugs. (5) Recent statistics indicate that drug use by persons aged twelve and older went from 6.3 percent in 2000 to 7.1 percent in 2001. (6) Over the longer term, however, per capita drug use in America is down by one-half since the late 1970s. (7) Since the age groups that report the highest percentage of drug use are ages fourteen through twenty-five, (8) it is clear that when we reduce illegal drug use, we are reducing the number of young people harmed by the health and other consequences of illegal drugs. In addition, per capita cocaine use is down by seventy-three percent during the same period. (9) In a recent survey conducted by the National Center on Addiction and Substance Abuse at Columbia University, almost two-thirds of teenagers said that their school is drug free. (10) For the first time in the seven-year history of the survey, a majority of public school students reported drug-free schools. (11) According to the survey, "[t]eens who attend drug-free schools are at roughly half the risk of substance abuse of teens who attend schools where drugs are used, kept or sold." (12)

2. LAW ENFORCEMENT IS PREVENTING A SIGNIFICANT AMOUNT OF ILLEGAL DRUGS FROM REACHING OUR COMMUNITIES

   In addition to an overall reduction in the number of persons abusing illegal drugs, law enforcement has made significant inroads in the fight against traffickers. The strategy against traffickers is proactive, targeting growers, the chemicals needed to manufacture or process illegal drugs, and the flow of illegal drugs into the United States. The DEA's priority mission is the long-term immobilization of major drug trafficking organizations through removal of their leaders, termination of their trafficking networks, seizure of their assets, and dismantling their organizational structure. (13) For example, DEA's Operation Purple is working in twenty-eight countries to prevent the diversion of potassium permanganate, a chemical needed to manufacture cocaine, to cocaine producers. (14) Operations Crossroads II and Caribe I involved year-long investigations that targeted an international organization based in Puerto Rico that trafficked in multi-hundred kilogram quantities of cocaine and multi-kilogram quantities of heroin and laundered millions of United States dollars in drug proceeds. Operation Landslide targeted a Mexican organization that brought significant quantities of black-tar heroin, often accompanied by cocaine and methamphetamine, into California for distribution to thirty-one cities in eleven states. The third phase of Operation Mountain Express has, to date, arrested one hundred people involved in diverting precursor chemicals needed to manufacture methamphetamine. Operation Perfect Storm was a seventeen month investigation that targeted a heroin and cocaine trafficking organization operating in New York, New Jersey, and Florida, resulting in the seizure of 2,700 kilograms of cocaine, seventeen kilograms of heroin, and the arrest of one hundred and forty-four defendants. The DEA's accomplishments in investigating international and domestic drug trafficking organizations are both significant and measurable. (15)

   Federal agencies involved in drug interdiction regularly seize large quantities of illegal drugs before they enter the United States. In addition to international efforts, the DEA and other law enforcement agencies seize large quantities of illegal drugs manufactured or grown domestically. These domestic traffickers, like their international counterparts, target America's youth. (16)

   DEA investigations also target domestic and international money laundering. Although arrests of individuals have a significant impact upon drug organizations, labor can often be replaced. Money laundering investigations, however, deprive drug trafficking organizations of the money they need to operate and survive. Successful money laundering investigations lead to the arrest of upper-level principals, and the permanent dismantling of drug organizations.

   In addition to enforcement programs directed at international and domestic trafficking, the DEA collects, collates, and disseminates drug intelligence to local, state, federal, and foreign law enforcement agencies. This sharing of intelligence effectively channels law enforcement resources throughout America and the world to target drug organizations.

3. THE FEDERAL GOVERNMENT IS WORKING TO SIGNIFICANTLY REDUCE THE DEMAND FOR ILLEGAL DRUGS THROUGH EDUCATION AND TREATMENT

   President Bush's National Drug Control Strategy ("Strategy") commits a total of $6.285 billion, or thirty-three percent of the federal drug budget, to demand reduction and rehabilitation, through prevention and treatment research, as well as prevention education and drug treatment programs. (17) The Strategy sets a two-year goal of a ten percent reduction in use of illegal drugs by the age groups twelve to seventeen years old and adults age eighteen and older. (18) The Strategy sets a five-year goal of a twenty-five percent reduction in use of illegal drugs by the same age groups. (19) The Strategy includes programs that are designed to reach and help people of all cultural and economic backgrounds. The Safe and Drug-Free Schools Program commits $644 million to fund drug and violence prevention programs for young people. (20) The Drug-Free Communities Program commits $60 million to assist community groups in forming and sustaining effective community and anti-drug coalitions that fight the use of illegal drugs, alcohol, and tobacco by youth. (21) The National Youth Anti-Drug Media Campaign commits $180 million for paid media messages to guide youth and parent attitudes about drug use and its consequences. (22) The Parents Drug Corps Program is a new initiative that invests $5 million to train parents in drug prevention skills and methods. (23)

   President Bush has committed an additional $1.6 billion to the drug treatment system over the next five years. (24) Proposed enhancements for the Substance Abuse and Mental Health Services Administration ("SAMHSA") will provide additional funding to increase the capacity of the drug treatment system. (25) SAMHSA funding includes the Targeted Capacity Expansion ("TCE") Program, which is designed to support a rapid, strategic response to emerging trends in substance abuse. TCE will provide funding for state-level drug treatment services. (26) The Substance Abuse Prevention and Treatment ("SAPT") Block Grant will provide an additional $60 million in funding to states for drug treatment and prevention services. (27) States will use these funds to provide drug treatment services to pregnant women, women with dependent children, and racial and ethnic minorities. The Residential Substance Abuse Treatment ("RSAT") Program will provide $77 million, an increase of $7 million, to support an expansion of drug and alcohol treatment in state corrections facilities. (28)

   The Drug Courts program provides alternatives to incarceration. Judges assigned to drug courts provide treatment and rehabilitation alternatives to offenders charged with minor, non-violent drug crimes or other non-violent offenses. Drug courts provide opportunities for offenders to begin productive, drug-free lives through a combination of escalating sanctions, mandatory drug testing, treatment, and strong aftercare programs. The Drug Courts Program will receive an additional $2 million that will expand the program to $52 million in fiscal year 2003. (29)

   Recognizing that the DEA can make a substantial contribution to use prevention education and drug treatment programs, Administrator Hutchinson has taken the initiative and established the Integrated Drug Enforcement Assistance ("IDEA") program. The IDEA website summarizes the issue of drug abuse prevention in a nutshell:

   When a community has a drug-trafficking organization in the neighborhood, DEA [A]gents will work with local law enforcement to put the dealers in jail. But that shouldn't be the end. Under the new initiative, Integrated Drug Enforcement Assistance (IDEA), the DEA will combine the enforcement effort with a partnership alongside any existing community coalitions...