Is It Time to End the War on Drugs? - King County Bar Association

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IntroductionThe King County Bar Association established <strong>the</strong> Drug Policy Project in <strong>the</strong> fall of2000 <strong>to</strong> examine current state and federal drug policies and <strong>to</strong> find more practical, effectiveand humane alternatives for reducing <strong>the</strong> harm caused by drug abuse. The project has alsoinvolved <strong>the</strong> participation of <strong>the</strong> King County Medical Association, <strong>the</strong> Washing<strong>to</strong>n StateBar Association, <strong>the</strong> Washing<strong>to</strong>n State Medical Association and <strong>the</strong> Washing<strong>to</strong>n StatePharmacy Association. The effort is intended <strong>to</strong> foster a more open and honest dialogueabout drug policy among professionals, public officials and <strong>the</strong> public at large.This report is <strong>the</strong> compilation of separate studies completed by three policyorientedtask forces of <strong>the</strong> Drug Policy Project. Task force participants included lawyers,judges, scholars, clinicians, educa<strong>to</strong>rs and o<strong>the</strong>rs with extensive academic and practicalexperience, who gave <strong>the</strong>ir time in <strong>the</strong> hope of helping <strong>to</strong> focus attention on ways <strong>to</strong> improveour societal response <strong>to</strong> drug abuse. Each of <strong>the</strong> task forces was formed <strong>to</strong> examine keydrug policy issues and <strong>to</strong> formulate specific recommendations <strong>to</strong> address those issues:The Task Force on Effective Drug Abuse Prevention was established <strong>to</strong> study andreport on current drug abuse prevention research, policies and programs. The PreventionTask Force considered why young people begin <strong>to</strong> use drugs and reviewed measures thathave been shown <strong>to</strong> prevent, delay or reduce <strong>the</strong> harm from such use, including somenoteworthy examples developed in Washing<strong>to</strong>n State. Although <strong>the</strong>re are many drug abuseprevention strategies, including <strong>the</strong> building of community coalitions, expanded after-schoolactivities, social service referrals and public service announcements, 1 <strong>the</strong> Prevention TaskForce concentrated on <strong>the</strong> principal and most widely used drug abuse prevention strategy –drug education programs and o<strong>the</strong>r school-based substance abuse prevention programs.The Task Force on Drug Addiction Treatment was formed <strong>to</strong> report on issuesrelating <strong>to</strong> treatment for addiction <strong>to</strong> drugs whose possession and sale are prohibited bycurrent law. The Treatment Task Force considered why, when and how treatment should beprovided <strong>to</strong> individuals who are addicted <strong>to</strong> such drugs, and it made recommendations with aview <strong>to</strong>ward promoting <strong>the</strong> development and implementation of a comprehensive addictiontreatmentplan for Washing<strong>to</strong>n State.The Task Force on <strong>the</strong> Use of Criminal Sanctions examined current criminalsanctions, both in Washing<strong>to</strong>n and on <strong>the</strong> federal level, related <strong>to</strong> <strong>the</strong> non-medical use ofdrugs. The Sanctions Task Force was charged with assessing <strong>the</strong> effectiveness of criminalsanctions in reducing both illegal drug use and drug-related crime, and also assessing <strong>the</strong>public costs associated with <strong>the</strong> use of criminal sanctions. The Sanctions Task Force alsoevaluated <strong>the</strong> extent <strong>to</strong> which drug-related criminal sanctions are satisfying <strong>the</strong> objectives of<strong>the</strong> criminal law. 2 Reviewing recent attempts <strong>to</strong> reform <strong>the</strong> prevailing drug policy, <strong>the</strong>Sanctions Task Force formulated a set of principles <strong>to</strong> guide <strong>the</strong> future development ofalternative approaches <strong>to</strong> <strong>the</strong> problem of drug abuse that are more effective, less expensiveand more humane.11
Definitions:In Sections II and III of this report, which deal respectively with addiction treatmentand <strong>the</strong> use of criminal sanctions, <strong>the</strong> word “drugs” is generally defined <strong>to</strong> include <strong>the</strong> classof substances that is currently <strong>the</strong> target of <strong>the</strong> “<strong>War</strong> on Drugs.” Therefore, this reportmainly discusses those drugs whose possession and sale are prohibited by current law. 3The decision <strong>to</strong> initiate a drug policy project focused on drugs whose possession andsale are prohibited by current law responds <strong>to</strong> <strong>the</strong> fact that our society and our laws havemade a strong distinction between alcohol and o<strong>the</strong>r addictive psychoactive chemicals. Thedrugs proposed as <strong>the</strong> target of <strong>the</strong> “<strong>War</strong> on Drugs” have not, for better or worse, includedalcohol. Alcohol is sold in state liquor s<strong>to</strong>res, and <strong>the</strong> Washing<strong>to</strong>n State Department ofAgriculture promotes <strong>the</strong> cultivation of alcohol-related crops. While, as some of <strong>the</strong> datapresented in this report reveal, societal harm associated with alcohol use is greater in manyrespects than <strong>the</strong> harm associated with <strong>the</strong> use of o<strong>the</strong>r drugs, <strong>the</strong> social and political his<strong>to</strong>ryof state and national policies concerning o<strong>the</strong>r drugs, and <strong>the</strong> present consequences of thosepolicies, warrant separate treatment of <strong>the</strong> subject. At <strong>the</strong> same time, several of this report’srecommendations could apply, with little modification, <strong>to</strong> <strong>the</strong> problem of alcohol abuse.In Section II of this report, <strong>the</strong> use of <strong>the</strong> expression “drug addiction” is consistentwith its definition under Washing<strong>to</strong>n law: “a disease characterized by a dependency onpsychoactive chemicals, loss of control over <strong>the</strong> amount and circumstances of use,symp<strong>to</strong>ms of <strong>to</strong>lerance, physiological or psychological withdrawal, or both, if use is reducedor discontinued, and impairment of health or disruption of social or economic functioning.” 4By contrast, Sections I and III of this report grapple with <strong>the</strong> elusive meaning of “drugabuse” and <strong>the</strong> policy challenges that arise from varying definitions of that term.In <strong>the</strong> discussion of drug abuse prevention, <strong>the</strong> definition of “drugs” is necessarilymore broad. Prevention science focuses particularly on drug use by children andadolescents, 5 and <strong>the</strong>refore, “drugs” are defined <strong>to</strong> include alcohol and <strong>to</strong>bacco, because <strong>the</strong>use of all drugs is legally prohibited for minors, and because alcohol and <strong>to</strong>bacco use byminors is especially associated with drug abuse and o<strong>the</strong>r problem behaviors. 6 The term“alcohol, <strong>to</strong>bacco and o<strong>the</strong>r drugs,” or “ATOD,” is often used by government agencies andby scholars in <strong>the</strong> prevention field, and that term is used interchangeably with <strong>the</strong> word“drugs” in Section I of this report. In addition, <strong>the</strong> terms “drug abuse prevention” and“substance abuse prevention” are used interchangeably in Section I, referring <strong>to</strong> thosenon-coercive interventions that are used both before and after <strong>the</strong> onset of any drug use byyoung people.12
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Page 14: Conclusions and RecommendationsEFFE
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Page 23 and 24: Assessing the Effe
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Page 29 and 30: Formal research studies of adolesce
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Page 35 and 36: Protective Factors
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Page 57 and 58: “become almost illusory.” <stro
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Page 61 and 62: levels” for some drug offenses 16
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treatment, drug testing and o<stron
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to the</st
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and especially considering
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Those with problems are heavily con
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Just as it is difficult to<
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The federal criminal justice system
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A core principle of Washing
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Rehabilitation is the</stro
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Damaging Collateral Effects of <str
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have been so overwhelmed with drug
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creates a conflict of interest that
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The links between illegal drug prod
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convicted.” 351 Proposition 36 al
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non-violent offenders facing length
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is still supervised by the<
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emedies may be appropriate, and <st
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___________________________________
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have shown less promise, especially
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Unique Opportunities in Washing<str
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State of Washingto
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This program provides to</s
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way.”9 According to</stro
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Best states: “ They are basically
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4, pp. 590-593, who state that <str
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109 For a summary of the</s
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Profile report is available on line
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to anothe<
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program of drug treatment that begi
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237 No deaths have ever been record
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290 A special exception to<
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Following the pass
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Academy of Arts and Sciences, vol.
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Is It Time to End the War on Drugs? - King County Bar Association

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