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From Afghan farms into the Tajik mountains, the drug trade cuts a wide swath.

In my last column, I mentioned that most actual drug users are young white people, even though most of those "profiled" as drug users are people of color. Indeed, according to the Sentencing Project, 72 percent of all illegal drug users are white.

But profiling is further vexed by the eternal question of how one determines who is white and who is not. In today's diasporic world, racial identity or "whiteness" is less determined by lines of "blood" or descent than it once was in certain Southern states. Today, whiteness is more dominantly a matter of appearance, based on malleable aesthetic trends.

This point--the malleability of how we assign "race" to people--is certainly illustrated by the example of Noelle Bush, to whom I referred as white. I received much mail insisting that she is not in fact white but Latina "because her mother is." It's an interesting question, this: the potential tension between "actual" and actuarial determinations of race. But first, let us agree that although there is no biological reality of race, the force of race is a powerful if constantly negotiated sociocultural construction, and has been since colonial times. Second, allow me to sidestep for now the complex anthropology of whether being Latina is determined matrilineally, thus canceling out her conspicuous Puritan patrimony. Third, let us also agree that recent migrations from Latin America have increasingly complicated national demographics as historically inflected by Jim Crow laws. And so, while "Latina" seems to be used as a racial category when it comes to most compilations of criminal justice statistics (meaning brown people from south of the border, of mixed Spanish, African and Native American descent), the reality is that not all Latinos are people of color. Indeed, "Latino" is perhaps more accurately understood as a broad linguistic, regional and cultural category rather than a racial one.

In any event, I called Ms. Bush white because, in photographs, that's what she looked like to me, admittedly through all the filters of my particular geographic and generational prism. At the same time, a number of letters pointed out that Noelle Bush and her brother are the grandchildren whom George Bush the Elder once described as "the little brown ones." This underscores the essential irrationality of profiling by appearance alone: If old George and I (just let your imagination wander here) were working as airport screeners, side by side and in accordance with the logic of most racially based profiling guidelines, he'd have stopped her, and I'd have waved her through. "But she's really..." has no fixed meaning in such profiling. This is not a new aspect of racial scrutiny; in generations past, perhaps, Noelle Bush's status might have been familiar as that of Tragic Mulatta. In today's more global context, I re-examine her picture and note how she resembles supermodel Christy Turlington--herself endlessly exploited for the vaguely "exotic" racial ambiguity that her mother's Ecuadorean "blood" supposedly lends her. But however one may or may not want to classify Ms. Bush, the existence of a confused limbo of those who can "pass" does not alter the fact that once classified as "suspect," as are too many of the unambiguously dark-skinned, the license of heightened investigation significantly colors the fundamental counterpresumption of innocent until proven guilty.

Let me shift topics here. One striking feature of virtually all the letters I received was the application of the word "smug" to my description of "Governor Jeb Bush's poor daughter, Noelle." This attribution was attended by detailed accusations, all starting with the word "impliedly." I impliedly took delight in the Bush family's suffering. I impliedly reveled in her getting what she deserved. I impliedly used the daughter to make fun of the father.

A little clarification is perhaps in order. When I said "poor Noelle," I meant it, with no irony attached. Whether fueled by biological predisposition or depression, substance abuse knows no political, class or ethnic boundary. Poor Prince Harry, poor Betty Ford, poor Robert Downey Jr., poor not-a-few Kennedys. I don't find a single bit of enjoyment in what is clearly a pervasive modern crisis. If one must project, let me provide some guidance. I see our crisis of drug dependency as a medical or mental health issue rather than a criminal cause. This stance obviously places me at odds with the Prohibition-era policies of Jeb and both Georges. It doesn't mean I doubt that Governor Bush is less desperately concerned about the fate of his daughter than any other father. He believes the war on drugs is to the greater good; I think it woefully misguided. Asserting such disagreement about the efficacy of policy is democratic, not inherently disrespectful.

I also agree with those who counsel against publishing the unruly actions of children, whether their parents happen to be in the limelight or not. I believe minors, defendants or witnesses, deserve protection from the media. But Noelle Bush is well over 21, has had five traffic violations, seven speeding tickets and three car crashes and was convicted of impersonating a doctor in order to fraudulently obtain a prescription. The actions of adults who are brought before the criminal justice system are appropriately the subject of public record. Noelle Bush was given probation and referred to a drug treatment center. Who's to say if that's what she "deserved," but most likely it's what she, and so many others like her, needs. Where her example might be of continuing public interest is in contrasting her fate with that of poorer women, who, if convicted of drug offenses, are ineligible for welfare benefits for life. And in a case recently before the Supreme Court, an elderly woman whose retarded granddaughter smoked a joint three blocks away from her house was evicted from public housing based on her "relation" to drug use or sale. If such rules were applied across the socioeconomic spectrum, we'd have to ask Jeb Bush to give up the governor's mansion. It is, after all, public housing. I know--some of you will be affixing meanspirited, giggling gratuity to that image, but my point is rather the sad absurdity of it.

In all this, the bottom-line concern is whether fundamental fairness remains the measure of how we treat anyone--rich or poor, white or Latino, anonymous minor or poor Noelle.

Are we losing it? Have the recent acts of terrorism caused us to cut our moorings in a flood of outrage and frustration?

 'Following the Money' can prove devastating to critics of the illegal trade.

These days, the buzz on Capitol Hill seems loudest about Gary Condit.

Could the State Department's antidrug contractors in South America possibly
be dabbling in narcotics trafficking?

Best known as a place where the Air Force shoots satellites into orbit, the
Eastern Space and Missile Center--just south of the Kennedy Space Center in
Florida's Brevard County--would appear to fo

Enslave your girls and women, harbor anti-US terrorists, destroy
every vestige of civilization in your homeland, and the Bush
Administration will embrace you. All that matters is that you line up as
an ally in the drug war, the only international cause that this nation
still takes seriously.

That's the message sent with the recent gift of $43 million to the
Taliban rulers of Afghanistan, the most virulent anti-American violators
of human rights in the world today. The gift, announced last Thursday by
Secretary of State Colin Powell, in addition to other recent aid, makes
the United States the main sponsor of the Taliban and rewards that "rogue regime"
for declaring that opium growing is against the will of God. So, too, by
the Taliban's estimation, are most human activities, but it's the ban on
drugs that catches this administration's attention.

Never mind that Osama bin Laden still operates the leading
anti-American terror operation from his base in Afghanistan, from which,
among other crimes, he launched two bloody attacks on American embassies
in Africa in 1998.

Sadly, the Bush Administration is cozying up to the Taliban regime at
a time when the United Nations, at US insistence, imposes sanctions on
Afghanistan because the Kabul government will not turn over Bin Laden.

The war on drugs has become our own fanatics' obsession and easily
trumps all other concerns. How else could we come to reward the Taliban,
who has subjected the female half of the Afghan population to a continual
reign of terror in a country once considered enlightened in its treatment
of women?

At no point in modern history have women and girls been more
systematically abused than in Afghanistan where, in the name of madness
masquerading as Islam, the government in Kabul obliterates their
fundamental human rights. Women may not appear in public without being
covered from head to toe with the oppressive shroud called the
burkha
, and they may not leave the house without being accompanied by
a male family member. They've not been permitted to attend school or be
treated by male doctors, yet women have been banned from practicing
medicine or any profession for that matter.

The lot of males is better if they blindly accept the laws of an
extreme religious theocracy that prescribes strict rules governing all
behavior, from a ban on shaving to what crops may be grown. It is this
last power that has captured the enthusiasm of the Bush White House.

The Taliban fanatics, economically and diplomatically isolated, are at
the breaking point, and so, in return for a pittance of legitimacy and
cash from the Bush Administration, they have been willing to appear to
reverse themselves on the growing of opium. That a totalitarian country
can effectively crack down on its farmers is not surprising. But it is
grotesque for a US official, James P. Callahan, director of the State
Department's Asian anti-drug program, to describe the Taliban's special
methods in the language of representative democracy: "The Taliban used a
system of consensus-building," Callahan said after a visit with the
Taliban, adding that the Taliban justified the ban on drugs "in very
religious terms."

Of course, Callahan also reported, those who didn't obey the
theocratic edict would be sent to prison.

In a country where those who break minor rules are simply beaten on
the spot by religious police and others are stoned to death, it's
understandable that the government's "religious" argument might be
compelling. Even if it means, as Callahan concedes, that most of the
farmers who grew the poppies will now confront starvation. That's because
the Afghan economy has been ruined by the religious extremism of the
Taliban, making the attraction of opium as a previously tolerated quick
cash crop overwhelming.

For that reason, the opium ban will not last unless the United States is
willing to pour far larger amounts of money into underwriting the Afghan
economy.

As the Drug Enforcement Administration's Steven Casteel admitted, "The
bad side of the ban is that it's bringing their country--or certain
regions of their country--to economic ruin." Nor did he hold out much
hope for Afghan farmers growing other crops such as wheat, which require
a vast infrastructure to supply water and fertilizer that no longer
exists in that devastated country. There's little doubt that the Taliban
will turn once again to the easily taxed cash crop of opium in order to
stay in power.

The Taliban may suddenly be the dream regime of our own war drug war
zealots, but in the end this alliance will prove a costly failure. Our
long sad history of signing up dictators in the war on drugs demonstrates
the futility of building a foreign policy on a domestic obsession.

While most of the 1,500 people who traveled to Albany from all over New York
State last Tuesday endured freezing winds outside the legislature to tell
stories of families torn apart and chant s

Adrian Wilson can't make a lobbying trip to
Albany anytime soon: The New York State Department of Corrections
does not escort its prisoners to the state capital for teach-ins. But
his story--typical of the 22,000 nonviolent drug offenders in New
York's cellblocks on any given day--could serve as the centerpiece of
the campaign now under way for the long-overdue repeal of the
notoriously punitive Rockefeller drug laws. In 1983 Wilson, an
African-American, then 29, was arrested for drug possession--his
first offense--and prosecutors offered him a plea bargain that would
have required him to undergo electroshock treatments and eight
months' incarceration. Wilson chose instead to exercise his
constitutional right to a trial. Convicted of possessing four ounces
of cocaine, instead of eight months he faced a mandatory prison term
of fifteen years to life.

No single moment in the history
of US criminal justice matches the destructive impact of the New York
legislature's 1973 session. That was when Governor Nelson Rockefeller
set the tone for a national wave of prison-packing schemes with the
drug laws that bear his name. As Wilson's case illustrates, the
Rockefeller drug laws combined two regressive criminal justice
policies into a new and potent brew: They prescribe imprisonment
rather than treatment for drug offenders, and they establish
mandatory minimum sentences and give the power to decide sentences to
the prosecutors, who choose charges, rather than to the judges
hearing cases.

The outcome, repeated thousands of times
daily around the country: Nonviolent drug offenders like Wilson get
punished not in proportion to any presumed threat to society but for
daring to inconvenience prosecutors with a trial. With built-in
incentives for police and prosecutors to concentrate on low-level
users and with racial discrimination an inevitability, the
Rockefeller drug laws are the ancestor of just about every regressive
criminal justice policy since enacted--three-strikes laws, federal
sentencing guidelines and zero-tolerance police sweeps.

With the cost for imprisoning Rockefeller drug offenders
topping $710 million per year, Governor George Pataki has at last
proposed a package of reforms reducing minimum drug sentences and
expanding treatment. Assembly Democrats--many of whom have dodged the
issue for years until Pataki opened the door--have upped the ante,
proposing more sweeping discretion for judges and more money for drug
treatment. The Correctional Association of New York and a broad array
of activist, religious and legal-reform groups have launched a Drop
the Rock campaign (kicked off with a March 1 forum in Manhattan
co-sponsored by the Nation Institute), which on March 27 will bring
thousands to Albany for a day of teach-ins and citizen lobbying. Only
a handful of district attorneys, worried about losing their
sentencing leverage in plea bargains, are holding out for the
Rockefeller status quo.

So the question is not whether New York will reform but if reform will go far enough. Pataki's plan would not give judges any more discretion for Class B felonies, the most commonly charged drug offenses in New York, and would actually
increase some minimum sentences. Pataki would allow prosecutors to handpick the offenders tracked into treatment--a certain recipe for abuse and another usurpation of the proper authority of judges. Perhaps most important, Pataki has so far come nowhere near proposing a budget for drug treatment commensurate with the need. Drug-law reform without a commitment to drug treatment is a half-measure, similar to the 1980s deinstitutionalization of psychiatric patients
with no system of community mental healthcare in place.

New York, which for years styled itself as a pioneer in criminal justice
policy, is now playing catch-up to states like California, whose
voters last November overwhelmingly approved a treatment-over-prison
referendum for first- and second-time offenders, or Colorado and
Nevada, which have passed medical-marijuana measures. But the
Rockefeller laws are the founding charter of the failed war on drugs,
and their repeal would turn state reform tremors into an American
earthquake. In immediate impact on the lives of the poor and people
of color, and as a long-term shift in national priorities, there will
be no more important campaign this year. It's time to Drop the
Rock.

Blogs

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September 22, 2014

An examination into our broken cannabis policy is well overdue—and should be about more than just marijuana.

August 4, 2014

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June 24, 2014

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