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Web posted
Monday, January 5, 2004
Anchorage Bar Association debates merits of drug war
On December 22, 2003, the Anchorage Bar Association sponsored a debate on the merits of the drug war in the United States, whether it is a failure, and what should be done about drug abuse. The participants were Judge James P. Gray and Wev Shea. The debate was moderated by Grant Callow.
Judge Gray is a sitting trial court judge in Orange County, California, who is presently on unpaid leave of absence to run for the United States Senate. He is the author of "Why Our Drug Laws Have Failed and What We Can Do About It," and can be reached at www.judgejimgray4senate.com. Wev Shea is a former United States Attorney for the District of Alaska, has been admitted to the Alaska Bar since 1977, and is presently a practicing attorney in Anchorage. Both participants are experienced federal prosecutors.
Both participants agreed that abuse of both legal and illegal drugs, and the large amount of money that is involved in this abuse, is the most serious problem facing the United States today. Only about 5% of illegal drugs are seized by law enforcement, with about 95% of these drugs being illegally marketed in the United States for use by Americans. They do not agree on what should be done, but both agree that this subject must be the subject of discussion by all, and a solution to the problem found.
Judge Gray believes that the present system of drug control does not work. It benefits (1) drug lords, because of the large amount of profit taken, (2) government bureaucrats and the incarceration industry, who get extra money to fight the war on drugs and incarcerate minor offenders, (3) politicians, who get re-elected by talking tough, and (4) terrorists, who fund their activities through drug money. The drug war harms innocent individuals because (1) children can now get illegal drugs more easily than alcohol, (2) drug-related crime is increased, (3) civil liberties have been lost, (4) people in pain may not use this natural remedy, and (5) taxpayers are wasting a lot of money on the present program. Legalization of marijuana would also revitalize the industrial hemp industry in the United States, which not must import industrial hemp.
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Judge Gray recommends that the federal government get out of marijuana prohibition, and leave regulation to the states. Each state should then regulate the use of marijuana, limit it to adults, and tax it, in a similar manner to the present regulation of alcohol. He states that this will save millions of dollars in investigation, prosecution, and incarceration expense. It will generate millions of tax dollars. Finally, it will make drugs less available for the children because "Drug dealers now do not ask for ID cards."
Judge Gray quoted the Minister of Health in Holland, who several years ago states: (1) Holland has a per capita marijuana use among children about _ of the United States. (2) One of the reasons is that "Holland has succeeded in making pot boring." In the United States, the illegality and mystique makes it attractive to the youth - legalization and regulation will take away that allure.
Judge Gray, citing history, states that almost every culture has had a usage of mind-altering drugs, and that any solution has to deal with the fact that drugs cannot be eradicated. Wev Shea, on the other hand, believes that the United States should strive for a drug-free society. There is no reason to legalize the use and abuse of Marijuana, or other dangerous drugs, because that would simply compound the problems that society already has with the legal status of alcohol and tobacco products. If drugs were more easily available and less expensive, usage would increase. Strong leadership, example, and serious enforcement efforts, which are not being provided at the national level, is needed to solve the problem. In addition, cooperation between federal, state and local authorities is necessary to control the problem.
The positions of the parties are briefly set forth in "Point-Counterpoint - Is the War on Drugs a Success?" on the editorial page of the Anchorage Daily News dated July 21, 2003.
Assistance with the debate was provided by the Libertarian Party of Alaska and the Alaska Drug Policy Forum. The Anchorage Bar Association intends to sponsor similar debates on important public issues in the future.
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