Effective Drug Control: Toward A New Legal Framework

Impaired Administration of Justice and Civil Rights
The effect of drug prohibition on crime has compromised the total administration
of justice in American society, sapping resources from the civil and family courts in order
to process the huge number of drug-related cases in the criminal courts. In addition, the
large number of arrestees for drug law violations overloads the police, giving rise to
irregular procedures to cope with the work pressures. The difficulties of enforcing laws
against consensual activity such as the sale and use of prohibited drugs has led to
extensive use of informants, wiretapping and “bugging” and often to entrapment, to
arrests and searches prior to obtaining proper warrants and even to the offering of drugs
to physiologically-dependent addicts in order to get information. 427
The clogging of the courts with petty drug cases has often led to hasty bargaining
to clear the dockets, resulting in penalties that bear little consistent relationship to the
actual conduct in question and that are more related “to the social status of the accused
and his retention of an astute lawyer.” 428 Largely due to the disproportionately adverse
effect of drug law enforcement on racial minorities and the poor, many in those segments
of the public have come to disrespect law enforcement and the courts and have further
acquired attitudes conducive to the violation of laws and to non-cooperation with law
enforcement. 429
The “War on Drugs” has also had the effect of militarizing the police. Over 90%
of cities with populations over 50,000, and 70% of smaller cities, have paramilitary units
in their police departments, sometimes equipped with tanks, grenade launchers and
helicopters. 430
The federal Controlled Substances Act and most of the complementary state
statutes, as well, have general forfeiture provisions with respect to any property used to
violate the drug laws. 431 Seizure is authorized prior to conviction upon the issuance of a
warrant. 432 The police department may often keep the property seized, creating an ethical
dilemma and a conflict of interest.
Curbs on Legitimate Medical Practice
Federal laws restricting the prescription of regulated pharmaceutical drugs have
limited appropriate medical treatment, especially for patients with chronic and severe
pain who rely on opioid analgesics. Patients suffering from severe pain caused by
conditions such as cancer, degenerative arthritis and nerve damage have usually tried
surgery and other medications like codeine before turning to stronger opiates such as
hydrocodone (Vicodin), oxycodone (OxyContin), morphine or methadone. 433 With the
increased diversion of these drugs, federal and state local authorities have increased their
scrutiny of doctors who prescribe pain medications. Twenty-one states have prescription
drug monitoring programs. 434 Unfortunately, the signs the authorities are looking for –
prescribing high volumes of narcotic painkillers for extended periods, prescribing
potentially lethal doses or prescribing several different drugs – could also be signs that a
doctor is responsibly treating someone with intractable pain. A patient visiting several
pharmacies, what could be considered “doctor shopping” by the authorities, may be an
attempt to attain an adequate level of pain control. The pressure on the doctors have left