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The
US Drug War |
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Ben Valdez has strong words for
the quality of life in Utah: “We live in a police state,” he says, and
he feels he has the scars to prove it. On May 20, around 10:00 p.m., the
Salt Lake City Police department paid Valdez and his family a visit. It
wasn’t a very cordial visit, either. They burst into his home with a
battering ram, nearly trampling his wife and two-year-old daughter.
Valdez had gone to bed early, but was quickly awakened by several
officers storming into his bedroom. Still dazed with sleep, Valdez
didn’t understand what was happening. He assumed they were intruders in
his home. Little did he know these intruders were the police. Valdez
reacted out of instinct, attacking his assailants. He was dragged from
his bed, beaten and kicked down the stairs, causing bruises, abrasions,
and lacerations. Valdez was forced outside and smashed to the ground. He
was held in place by an officer’s black boot pressing down on the back
of his head, grinding his face into the cement. Eventually, Valdez was
allowed up and he was placed in handcuffs. The police began questioning
him. Soon it was apparent that they had the wrong man. They were looking
for his roommate, Jeremy. Valdez was then lead back inside, amidst the
gaze of curious onlookers. No apologies were offered. No restitution was
made. Since that time, most of Valdez’s
physical injuries have healed, though he still suffers from a sore neck
and back. And he still deals with the humiliation, bad memories, and
nightmares from that night back in May. Yet, surprisingly, Valdez does
not blame the police. “They were only doing their jobs,” he says. “They
just did what they’ve been taught to do.” Instead, Valdez blames the
bureaucrats. He blames the policy makers both locally and nationally. He
blames those who promote the supposed war on drugs, which dates back at
least as far as the Reagan administration. “The war on drugs” explains
Valdez, “is a misnomer. It is not a war on drugs, it is a war on people.
This country has gone from trusting people until they break the law, to
trying to get you before you even commit a crime.” Valdez, who is involved with both
Hempower Utah and Mood for A Day, told his story at a rally held at the
steps of the state capitol this Saturday, June 19. The rally was held by
several groups, including Families Against Mandatory Minimums (FAMM),
the Therapeutic Humane Cannabis (THC) Committee, the Fully Informed Jury
Association (FIJA), Mood For A Day, and Hempower Utah. Mayoral candidate
Dr. Ken Larsen was also in attendance. Protesters gathered together to
discuss the abuse of civil rights caused by the war on drugs. They waved
signs to passing cars and pedestrians, and shared stories and examples
of violations of the Bill of Rights which victims suffer under the
banner of the drug war. Participants gathered together and had a
symbolic funeral for the Bill of Rights. Then they gathered together in
a large circle around the symbolic coffin and held hands to observe a
moment of silence. “The Bill of Rights is dead,” the
participants claimed, and they seem to have plenty of examples. They
point to Valdez’s story as an example of the abuse of civil rights.
Besides Valdez’s story, recently in Kaysville, police entered a home
where two women had recently moved in. After searching the apartment,
the police finally realized their search warrant was actually for the
previous tenants. Because search warrants are given such a long length
of time before they expire, mistakes like this happen far too
frequently. Other abuses of civil rights
include the violations of the Fourth Amendment, which states that no one
can be subject to a search or seizure without the police first having
probable cause. Faulty warrants can often be obtained from hearsay
alone. If, for example, an old friend tells the police that 8 months ago
he saw marijuana in your home, a search warrant can be obtained. Critics also say that the police
are actually given an incentive to find drugs. According to the Civil
Forfeiture Law, ownership of any money or property that “facilitated” a
drug crime is turned over to the government. In 1984 the law was refined
even further to transfer confiscated drug money and “drug related”
assets into the local police agencies that seize them. The law offers
another source of income for the already poorly funded police agencies.
Critics of the Forfeiture Law claim that it rewards police for being
overly aggressive and that the law creates many innocent victims who, by
possessing drugs, lose their homes, money, cars, and sometimes
everything they own. Others cite the “State Street
cruising” ordinance recently passed in Salt Lake City as another abuse
of the Fourth Amendment. Under this ordinance, checkpoints are set up
along State Street on Friday and Saturday nights from 11:00 p.m. to 2:00
a.m. License plate numbers of cars that pass the checkpoint are
recorded. If a car passes a checkpoint more than three times on a given
night, the vehicle is stopped and a citation is given, without any
evidence of wrongdoing, drug possession, or weapons possession. Phil
Kirk from the office of the Chief of Police of Salt Lake City defends
the ordinance by citing the rising rate of violent crime in the area.
Kirk says that traditionally the area has been safe for children and
teens during the weekend. However, the recent trend is for criminals and
gangs to use State Street for drug transactions, fights and other
illegal activity. Kirk claims the area is no longer safe, and that the
ordinance is designed to prevent these problems. He also states that
many other major cities have similar ordinances. Valdez and others also point to
the high incarceration rates of nonviolent drug offenders as casualties
of the drug war. In a report called “The Prison Industrial Complex,”
Eric Schlosser found that some 1.8 million Americans are incarcerated in
either federal and state prisons or local jails. According to the
National Center on Addiction and Substance Abuse, in 1998 some 80
percent of inmates in American prisons had a drug or alcohol abuse
problem. Schlosser states that, “We are imprisoning more people than any
other nation on earth, even communist China. Of the people now going to
prison, less than a third have committed a violent crime. Drug related
cases predominate: crimes that in other countries would normally lead to
community service, fines or drug treatment—or not be considered crimes
at all—in the United States now lead to a prison term, by far the most
expensive form of punishment.” According to FAMM, federal taxpayers
spend four times as much to incarcerate one nonviolent drug offender
($21,837) than to educate a child ($5,421). It costs more to send a
person to prison for four years than it does to send someone to a
private university, including the tuition, room and board, books and
supplies. Last April, Utah was awarded a $1.55 million federal grant for
prison expansion. The state plans on using the money to upgrade security
in a Draper prison complex, as well as construct a new 288 bed medium
security facility in Gunnison. In 1986 Congress passed laws
setting mandatory sentences for offenders convicted of drug crimes. In
1988, Congress added conspiracy to the list of offenses that require a
minimum number of years in prison without the possibility of parole.
These mandatory minimum sentences are determined only by the weight of
drugs in possession or, in conspiracy cases, by the alleged weight of
the drugs possessed. This means that despite a defendant’s role in the
offense, his culpability, likelihood of rehabilitation, or any other
possible mitigating circumstances, an offender convicted of a nonviolent
drug crime will still receive a mandatory minimum prison sentence
without the possibility of parole. A study conducted by the U.S.
Sentencing Commission found that the average time served by drug
offenders was greater than the average time served for sexual abuse,
assault or manslaughter. “The drug war can’t be won” says
Valdez. “The iron fist technique is not working. People are still using
drugs.” Valdez asserts that the war has had little effect on eliminating
drug use. He claims that the tactics used don’t work. Rather, these
tactics violate civil rights, and even hurt innocent people. He feels we
need to legalize drugs. “Making drugs illegal makes people into
criminals. It creates black markets and gangs. It makes bad things
happen from both those who sell drugs and those who try and prevent it.”
Valdez claims that all of the responsible nonviolent drug users suffer
because of the relatively few dangerous or irresponsible drug users. The
solution, he claims, is to legalize drugs. Mayoral candidate Dr. Ken Larsen
agrees. At least in the case of marijuana. He recently did a study on a
new drug called CT-3. His research found that the drug was perfect for
arthritis sufferers. Dr. Larsen asserts that the drug works well on both
pain and inflammation, with no adverse side effects with regard to
stomach irritation or oral toxicity. And yet, the drug is not being
pursued for use as treatment. Dr. Larsen believes this is because CT-3
is a cannabinoid, or cannabis derivative. He feels the drug will never
be used even though it could ease the pains of millions. Dr. Larsen sees
the drug as yet another casualty of the war on drugs. “All prescription drugs are
dangerous and can be abused,” Dr. Larsen argues. “That’s why they are
prescription drugs. Dozens of prescription drugs are more deadly than
cannabinoids. Dozens of prescription drugs are more intoxicating and
psychotropic than cannabinoids. Isn’t it time we trust our medical
professionals to make medical decisions? We trust our dentists to inject
Novocain, a derivative of cocaine. We trust our doctors to prescribe
codeine, a derivative of opium. Practically every legal drug has its
legal and useful derivatives in medicine—except cannabinoids.” Dr. Larsen is currently working on
a petition to legalize the medicinal use of cannabis. Is the legalization of drugs the
only way to prevent the evils of the drug war? The answer is an emphatic
no. Phil Kirk admits that current police procedures are not always the
best. “Policies are always under review. There is intense soul searching
to determine the best thing to do. Individual violations of civil rights
are reviewed on a case by case basis. Policies are usually not to blame,
but from time to time officers do make mistakes. “The traditional approach has been
in enforcing the drug laws,” he admits, “what we may need is a
multi-pronged effort including a focus not just on enforcement, but
prevention efforts, and rehabilitation treatment as well.” Kirk cites
current examples of police programs where officers participate in youth
mentor programs, or volunteer as scout masters for inner city youth or
troubled teens. What else can be done? One
possibility would be some sort of rehabilitation treatment for drug
offenders instead of prison sentences. In 1998, a Brown University study
found that drug treatment can cut crime by 80 percent. The study focused
on female substance abusers in prison. The study found that only 25
percent of the women who underwent drug abuse treatment were eventually
rearrested, versus 62 percent of the women rearrested who did not
receive drug treatment. One solution may lie in the incorporation of
mandatory drug and substance abuse programs for drug offenders. These
programs could be instituted in prison or even given instead of prison
sentences. Another important step may be the
elimination of mandatory sentences for drug users. This would
dramatically decrease the population of our grossly overcrowded jails
and prisons. These days a prison sentence is enough to turn a nonviolent
criminal into a hardened, hateful person full of violence and rage. The
criminal in prison often becomes worse than before he or she went in. Educational and preventative
measures should also be emphasized. Money spent on educational programs
in schools, commercials on television, or signs and billboards warning
people about drugs seem to be better spent than money used to build
bigger prisons. While local and federal
government leaders will continue to debate both the legality of drugs
and the tactics used in the drug war, the responsibility lies with the
individual. Contact your local representatives, the mayor and the
governor’s office and let them know how you feel. If you would like to
join Dr. Larsen’s petition, you can contact him at
kencan@personalchoice.org. [
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