Fighting the Drug War. INSTITUTION Council of State Governments, Lexington, Ky

DOCUMENT RESUME

ED 353 161 SO 241

TITLE Fighting the Drug War. INSTITUTION Council of State Governments, Lexington, Ky. PUB DATE 90 NOTE 32p. PUB TYPE Collected Works Serials (022) JOURNAL CIT The Journal of State Government; v63 n2 Apr-Jun 1990

. EARS PRICE MF01/PCO2 Plus Postage. DESCRIPTORS Current Events; Drug Abuse; Federal Government; Government (Administrative Body); *Government Role; *Illegal Drug Use; Law Enforcement; *Public Policy; Social Problems; *State Government; State Programs IDENTIFIERS *War on Drugs

ABSTRACT All nine articles in this periodical issue focus on the theme of the war against illegal drug use, approaching the topic from a variety of perspectives. The articles are: "The Drug War: Meeting the Challenge" (Stanley E. Morris); "Ways to Fight Drug Abuse" (Bruce A. Feldman); "Treatment Key to Fighting Drugs" (Stan Lundine); "Patience and Persistence: A Winning Strategy in the Drug War" (Jim Jones); "States Vital to National Drug Effort" (Edwin J. Delattre); "Hidden Dangers of the Drug War" (David F. Musto); "A Harmfulness Tax: Legalize and Tax Drugs" (Lester Grinspoon); "Cities Need Money to Fight Drugs" (Julio Barreto, Jr.; Janet E. Quist); and "States Must Lead Local Efforts" (Donald L. Reisig; Richard J. Liles). Connections with the field of education occur in descriptions of student assistance programs and in the emphasis on education as the key to reducing demand. (DB)

********************************************************************** Reproductions supplied by EDRS are the best that can be made from the original document. *********************************************************************** \ ulume b i, Number 2 April-June 1990

U.S. DEPARTMENT OF EDUCATION Fighting the Drug War Office d Educahonai Research and Improvement EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) fiMs document has been reproduced as awed from the person or organuatIon The Drug War: Meeting the Challenge )ngmattng r Minor changes have been made to omproye by Stanley E. Morris reproduction Quality

Points& stew or °gllons stated In this clocu. ment do not necessarily represent official Wi-ys to Fight Drug Abuse OERI posmon or policy by Bruce A. Feldman

Treatment Key to Fighting Drugs by Stan Lundine

Patience and Persistence: A Winning Strategy in the Drug War by Jim Jones

States Vital to National Drug Efforts by Edwin J. Delattre "PERMISSION TO REPRODUCE THIS MATERIAL HAS BEEN GRANTED BY Hidden Dangers of the Drug War by David F. Musto

A Harmfulness Tax: Legalize and Tax Drugs TO THE EDUCATIONAL RESOURCES by Lester Grinspoon INFORMATION CENTER (ERICI."

Cities Need Money to Fight Drugs by Julio Barreto Jr. and Janet E. Quist

States Must Lead Local Efforts by Donald LReisig and Richard J. Liles The Council of State Governments is a joint agency of all state governmentscreated, supported, and directed by them. It conducts research on state programs and problems; maintains an information service available to state officials and legislators; issues a variety of publications; assists in state-federal liaison; promotes regional and state-local cooperation; and provides staff for affiliated organizations.

Council Officers

Chairman: President: House Speaker Thomas B. Murphy, Georgia Governor Michael N. Castle, Delaware

Chairman-Elect: President-Elect: Senator W. Paul White, Massachusetts Governor Terry Branstad, Iowa

Vice Chairman: Vice President: Speaker Pro Tem Jahn H. Connors, Iowa Governor Rose Mofford, Arizona

CouncilOffices

Headquarters: Eastern: Alan V. Sokolow, Director Iron Works Pike 270 Broadway, Suite 513 P.O. Box 11910 New York, NY 10007, (212) 693-0400 Lexington, KY 40578.1910 (606) 231-1939 Midwestern: Virginia Thrall, Director 641 E. Butterfield Road, Suite 401 Lombard, IL 60148, (708) 810-0210 Executive Director: Daniel M. Sprague Southern: Colleen Cousineau, Director 3384 Peachtree Rd., N.E. Atlanta, GA 30326, (404) 266-1271 Directors: Darrell Perry Western: Andrew P. Grose, Director Administration and 121 Second Street, 4th Floor Associated Programs San Francisco, CA 94105, (415) 974-6422 Washington: Benjamin J. Jones, Director E. Norman Sims Hall of the States, 444 N. Capitol St. State Services Washington D.C. 20001, (202) 624-5460

Council Editorial Staff: Dag Ryen, Director, Information Services Elainc. Knapp, Executive Editor Linda Wagar, Associate Editor Cheri Collis, Contributing Editor © Copyright 1990 The Council of State Governments Iron Works Pike P.O. Box 11910 Lexington, KY 40578-1910

Effective with Volume 63, Number 1, the Journal is published quarterly, rather thanbimonthly.-1

The opinions expressed by authors are their own and do not necessarily reflect opinions orpolicies of The Council of State Governments.

The Journal of State Government is published quarterly by The Council of State Governments,Iron Works Pike, P.O. Box 11910, Lexington, KY 40578-1910. Annual subscription: $40. Singlecopies: $15. For address change, notify The Council of State Governments, Iron Works Pike,P.O. Box 11910, Lexington, KY 40578-1910. THE JOURNAL OF 211C 3 WM aMilMarlr The Council ofCSG governmentsState 'Volume 6:3, Vumber 2 April-10s 1990

TABLE OF CONTENTS Fighting the Drug War The Drug War: Meeting the Challenge by Stanley E. Morris 29

Ways to Fight Drug Abuse by Bruce A. Feldman 32

Treatment Key to Fighting Drugs by Stan Lundine 35

Patience and Persistence: A Winning Strategy in the Drug War by Jim Jones 37

States Vital to National Drug Efforts by Edwin J. Delattre 40

Hidden Dangers of the Drug War by David F. Musto 43

A Harmfulness Tax: Legalize and Tax Drugs by Lester Grinspoon 46

Cities Need Money to Fight Drugs by Julio Barreto Jr. and Janet E. Quist 50

States Must Lead Local Efforts by Donald L. Reisig and Richard J. Liles 52 Eitor's Note

Those fighting the war on drugs concede there's While victory in this war might never be com- single path to victory. Education, prevention, plete, reducing the toll taken by drug abuse is treatment, law enforcement and corrections are worth fighting for. There is disagreement, how- all vital to success. Neither is the battle likely to ever, on the best way to fight the drug war. be won by governments aloneno matter how The federal strategy stresses cooperation among closely they coordinate their strategies. federal, state and local governments. Stanley E. Just as was said of Vietnam, this is a war that Morris, writing for the Office of National Drug only will be won in the hearts and minds of the Control Policy, says the federal government will people. And while the public supports the drug continue to rely on states and local governments war, there seems to be large numbers of dissent- to carry out their traditional responsibilities. ers who support casual and heavy drug habits. Ways that Pennsylvania is combating illegal The good news is that the number of Americans drugs are reported by Bruce A. Feldman. New who use illicit drugs is apparently falling. From York Lieutenant Gov. Stan Lundine relates his 1985 to 1989, Americans who used cocaine, mari- state's efforts to expand drug treatment for prisoners. A comprehensive approach of education, juana or other illegal drugs dropped from 23 mil- treatment and enforcement is outlined by Idaho lion to 14.5 million, according to a federal survey. Attorney General Jim Jones. The bad news is that while the number of casual The involvement of state governments is vital cocaine users dived to 2.9 million, the number of to a winning strategy, according to Edwin J. frequent users climbed to 862,000. Delattre of the American Enterprise Institute. Crack, a smokable form of cocaine, gained rapid Delattre also argues against the legalization of popularity for providing an intense high at a currently illicit drugs. cheap price. While crack's spread in the ghettos A historical perspective to our current war on is well publicized, middle- and upper-class Ameri- drugs is provided by David F. Musto of Yale Uni- cans have just as big an appetite for its pleasures. versity, who reminds us of the boom and bust cy- The human attraction to mood altering sub- cle of past drug use. Musto also cautions against stances can hardly be denied. Some experts con- harmful racial and ethnic stereotypes in our tend that human nature dooms to failure any eagerness to overcome illicit drugs. effort to eradicate illegal drugs. Ronald K. Siegel, Legalization of illicit drugs is one of the more a research psychopharmacologist, argues that controversial remedies advocated by some unlike- governments would be better off to seek non-toxic, ly authorities, among them former Secretary of non-addictive substances to replace today's more State George P. Shultz. Harvard Professor Lester dangerous drugs. Grinspoon argues that legalization and regula- Still, the reality is that too many people abuse tion might be the answers to controlling drug drugs to their own detriment and that of society. abuse and taking the profit out of drug dealing. Most obviously, people are harmed by crimes Finally, the question of whether the federal committed in the name of drugs especially as government should channel its anti-drug funds murders, gang warfare and robberies escalate. directly to cities instead of to states is considered Drug abuse has many costs, including the by Julio Barreto Jr. and Janet E. Quist of the 375,000 babies born each year to mothers addict- National League of Cities and Michigan's Donald ed to cocaine. The pain and suffering of these in- L. Reisig and Richard J. Liles. fants is heartbreaking, and the lasting damage Our hope is that state officials will find the they suffer is yet to be calculated. Meanwhile, articles in this Journal of value as they consider taxpayers pick up the hundreds of millions of dol- their own approaches to combating illegal drug lars spent for hospital and foster care. abuse. Elaine S.Knapp

Page 28 The Journal of State Government The Drug War: Meeting the Challenge by Stanley E. Morris

America's battle against drugs requires federal, state and local cooperation as well as a public will to reduce the demand for drugs.

The drug scourge is adversely affecting the As society looks to the education system not United States' ability to govern itself. In addi- only to impart knowledge but also to instill tion, the drug issue has become a national secu- values, many educators are asked to become more rity concern as traffickers have become major de- than teachers, but many feel ill-prepared to face stabilizing influences around the world, funding the pressures caused by student drug use. and assisting terrorist organizations in at least Drugs are burdening the health care system. In a dozen countries. Drug trafficking also has en- addition to drug overdoses and the need for drug riched criminal organizations and, in some areas treatment, the drug epidemic is increasing crime- of the world, drug money is the primary economic related injuries and causing a rise in AIDS and resource. As the Department of State has fought venereal diseases. The crack crisis, newer sub- international drug production and trafficking, stances like methamphetamine, and the resur- Secretary Baker has called drugs second only to gence of traditional drugs like heroin are burden- war and peace as a priority of U.S. foreign policy. ing our national ability to provide health care for the poor. No one doubts that greater resources need to be applied in the treatment of addicts and Dimensions of the Problem their babies, or that communities must be mobi- lized to address the long-term dimensions of this Despite its worldwide dimension, however, the problem. most obvious adverse effect of drugs is the de- We must recognize the ancillary health conse- struction of so many individual users. While not quences of drugs. Syphilis and AIDS are on the all users of drugs become addicts, and not all ad- increase as a result of the drug epidemic. We are dicts end up as wasted "burnt out cases," many just beginning to see the adverse long-term ef- do. The effects of crack cocaine, heroin or hal- fects on our health care system. A system that lucinogens on the vulnerable in our societythe was teetering before is now on the verge of col- young, the poor, the psychologically weakcan lapse in many communities. be devastating. Drugs destroy hope, ambition and Drug abuse is not a victimless crime, its victims friendships. Drugs have undermined the family are everywhere. The victims of our insatiable de- structure. U.S. Sen. Daniel Moynihan, D-NY, ob- mand for drugs are not just neighborhoods and served that while the welfare system in the 1960s cities, but the citizens of our country, our econo- created the "one parent family;' drugs are creat- my and struggling democracies around the world. ing the "no parent family?' Many babies are Our criminal justice system is overwhelmed by abandoned in city hospitals and many mole are the onslaught of drug related crimes. The abili- born addicted to cocaine. ty of the police to ensure community safety and order is being severely tested. In some cities, the Stanley E. Morris is deputy director of The Office of National Drug Control Policy. The article printed is com- nights approach anarchy. The courts are packed, piled from remarks made to The Council of State Gov- jail space is unavailable, prosecutors are over- ernments' "States' Summit '89 Challenges and Choices worked, public defenders are in despair and al- for the '90s" in Salt Lake City, Utah, Dec. 6, 1989. most nowhere is there adequate prison space to

The Council of State Governments Page 29 house the worst offenders. The new, more violent ivory or terrorists, this nation has difficulty pre- offender has more than tripled the number of venting people and goods from entering. Our ap- prisoners awaiting trial and doubled the federal proach to dealing with our borders and interdic- prison population. This phenomenon has occurred tion of illicit contraband or illegal entry must be in less than eight years. Meanwhile, the constitu- re-examined and strengthened. Drugs simply ex- tional guarantee of certain and fair justice is in acerbate this challenge. serious jeopardy. Federal Progress Drug abuse is not a victimless crime, its victims are everywhere. The victims of our insatiable The federal justice system is undergoing fun- demand for drugs are not just neighborhoods damental changes as a result of the growth in national and international criminal organizations and cities, but the citizens of our country, involved in drug trafficking. our economy and struggling democracies The Drug Enforcement Administration and the around the world. U.S. Customs Service have been joined in fighting drugs by the Coast Guard, the Federal Bu- reau of Investigation, the Immigration and Na- Unfortunately, the complexity of the drug prob- turalization Service and U.S. Border Patrol, the lem has led to finger-pointing. Cities blame the military services, the U.S. Forest Service, the U.S. federal government. States are accused of failing Marshals Service, the Central Intelligence Agen- to provide prison space or to fund financially cy and others. These increased resources enhance strapped cities. Police blame schools for not teach- anti-drug efforts, but also complicate the man- ing values, but themselves are criticized for hav- agement of the nation's "War on Drugs." This ing lost control of the streets. Courts are blamed often leads to the inaccurate conclusion that ef- for not providing swift and sure justice, and for forts are disjunctive and uncoordinated. demonstrating excessive concern for criminal The federal government is expanding its efforts rights at the expense of victims. in international affairs, border interdiction and Blaming others must stop. Only when we stop law enforcement. It also is stepping up intelli- looking toward others to resolve the drug dilem- gence collection and sharing. The Department of ma and start working together, will we succeed. Defense and the uniformed services are detecting We need a strong commitment to the National and monitoring illegal smuggling activities. In Drug Control strategy to mobilize the nation's re- addition, they are providing resources and exper- sources, expertise and energy in a long-term as- tise in research, intelligence, training and equip- sault on drug abuse. Despite this bleak assess- ment. ment, progress is being made. Governmentsat Agencies with overlapping responsibilities and all levelsare responding in ways that recognize jurisdictions along the Southern border of the the complexity of the drug issue. There is less talk United States are coordinating their efforts. The about what the "solution" to the drug problem is, military is detecting and monitoring aircraft and and more recognition that the problem must be ships suspected of drug smuggling. The Treasury solved through a comprehensive, long-term strate- and Justice Departments track the distribution gy that includes many approaches and profes- of legal chemicals essential to processing illegal sional disciplines. drugs. Major new efforts to track the flow of illegal monies are aimed at eliminating the ability of narcotics organizations to launder such funds. International Efforts Additionally, the State Department is pressing foreign governments to treat drug trafficking as That drugs are an international problem is rec- a serious international crime. The Central Intelli- ognized at home and abroad. No continent is im- gence Agency has established a Counter Narcot- mune from its consequences. It is a primary con- ics Center focusing on international drug traf- cern of police agencies worldwide. It is an issue ficking. Powerful laws enacted in 1984, 1986, of increasing international interest. The United 1988 and 1989 are making the federal courts a Nations holds conferences, the European Commu- force to be reckoned with by drug dealersnot nity organizes committees, and Interpol devotes just in the United Statesbut around the world. increasing attention to trafficking and smuggling. Federal courts are the preferred venue for deal- The international nature of commerce puts ing with many illegal activities that previously great pressure on our ability to control the entry would have been tried in local courts. Federal of drugs into the United States. This aspect of the courts are becoming "national drug courts" with drug problem requires a uniquely federal role little time left for other cases. To support these to secure the borders. Whether drugs or aliens, laws, prison construction has increased.

Page 30 The Journal of State Government 7 Federal Government Can't Do It Alone to secure the streets. This means more police, but it also means jails to house those arrested, court Despite drugs' worldwide dimension, many so- time to prosecute and prison space to incarcerate. lutions to the drug problem are peculiarly local. The federal government is helping by establish- The solution to our nation's drug problem will ing drug task forces, increasing the intelligence probably result more from the concerted efforts available, assisting in training of local police of local governments and communities than by officers, and even providing grant-in-aid funds to national or international crusades. police. But the frontline troops in this war re- The National Drug Control Strategy announced main, as always, the local police. by President Bush in September 1989 and ex- panded in January 1990 is intended to provide All levels of government must expand to deal direction to states and localities. The national strategy sets goals that challenge all levels of gov- with the drug problem. The Bush administration ernment and society to attack the drug problem. is not going to federalize local police, education All levels of government must expand to deal or medical treatment. with the drug problem. The Bush administration is not going to federalize local police, education or medical treatment. The federal government Governments at all levels must be challenged must concentrate on national responsibilities. to provide services and direction to citizens in di- Education and treatment have been primarily verse ways. local respcnsibilities. For example, juveniles involved in drug-related crime require programs, resources and detention facilities. While costly to Private Sector Actions local governments, the juvenile justice system must be in proper working order. Too many juris- Governments alone cannot substantially re- dictions, however, have not kept pace with the im- duce the demand for illegal drugs. Community pact that drugs are having on juvenile justice. disapproval of drug abuse is essential. Commu- Education is traditionally a local responsibili- nity organizations, churches, colleges and univer- ty. While the federal government can identify sities, the media, and business leaders can dem- successful programs for discouraging drug use by onstrate society's opposition to drug use and par- children, the obligation to educate is a local one. ticipate in policing the community and in anti- It is up to local schools to establish programs, drug programs. Governments must motivate pri- train teachers and enforce anti-drug school poli- vate sector opposition to drug abuse. Some view cies. drugs as only a symptom of root causes. It is a Prisons and jails have been a state and local re- smokescreen, however, to assert that no progress sponsibility and should remain so. The reluctance can be made until poverty is eliminated or until of communities to accept jails and prisons im- family structure returns. The demand for and pedes building adequate facilities. "Not in my availability of drugs can be reduced. All that is backyard" is the common refrain heard in oppo- required is the national and international will to sition to jail and prison construction proposals. do so. Action must be taken not only in the hills Communities must understand they are better of Burma, and the valleys of Peru and Bolivia, but off when drug traffickers are in prison, rather in our statehouses, boardrooms and communities. than sneaking around ir. a nearby alley. Only Long-term success in the drug war will come strong state and local political leadership can when the abusers' seemingly insatiable demand overcome this opposition, and persuade the pub- for a drug high is eliminated, and when we can lic that an investment in jails and prisons is an effectively treat and rehabilitate those who have investment in safer streets. become addicted. The leadership for this rests Local law enforcementwhether state police, with everyoneindividually and collectively. We sheriffs or city and town policeneed resources cannot afford to fail.

The Council of State Governments Page 31 Ways to Fight Drug Abuse by Bruce A. Feldman

Pennsylvania is marshaling its resources to combat drug abuse and showing the way for other states.

If there exists a ready-made and speedy pre- popular 11 years ago when a Pennsylvania treat- scription for drug abuse and its social ills, Penn- ment program called Vantage House began its sylvanians are not so presumptuous as to suggest quest to treat the female addict with compassion we have discovered it. and understanding. In spite of national frustrations in enforcing Many addicted mothers refuse long-term resi- drug laws, treating addiction and helping citizens dential drug treatment because there is no one resist drug abuse, Pennsylvanians have cause for to care for their children. Vantage House, oper- hopewe see the results of state efforts to gain ated by Gaudenzia, Inc,, allows mothers receiv- the upper hand in this crisis. We believe our willing treatment to have their children live with ingness to try the untried, build upon the success- them. The children benefit, too, for they are ex- es of others and carve out a significant and pur- posed to early intervention, prevention and edu- poseful role for state government contribute to cation in a stable and caring environment. this optimism. Pennsylvania was recognized for its "impres- sive drug program" in President Bush's January Medical Assistance Coverage 1990 National Drug Control Strategy. What does Pennsylvania do to combat drug abuse that de- In December 1988, Casey approved historic leg- serves mention? Pennsylvania is active on many islation that made Pennsylvania the first state fronts in attacking illegal drugs. The state police in the nation to provide comprehensive alcohol and other drug abuse treatment services to those and office of attorney general are vigorously em- in need under the Medical Assistance program. ploying new state resources from the Pennsylva- This legislation authorizes the state to pay for nia Drug-Free Community Trust Fund PENN- long-term inpatient treatment for alcoholism and FREE to apprehend and prosecute drug law drug addiction in a non-hospital setting. The re- offenders. Pennsylvania is increasing its capaci- imbursement system is being phased in state- ty to incarcerate offenders and offer treatment opportunities for many who languish in jail. All too wide over five years. Pennsylvania didn't stop here, though. The state provided $11.5 million in often, these untreated addicts are ill-equipped to new funds to begin the system in Philadelphia live without alcohol and other drugs, and commit and other locations across the state. The state new crimes when released from jail. will continue to dig deep to pay for this landmark program. Addicted Women With Young Children Pennsylvania makes efforts to help those pre- Student Assistance Programs viously ignored. For example, Gov. Robert P. Casey's program replicated a model for treatment Pennsylvania aids secondary students to keep of addicted women with young children. Mater- them drug free. The Student Assistance Program, nal and infant care is in vogue now it wasn't like employee assistance programs in industry, identifies troubled students and helps them par- Bruce A. Feldman is executive director of Pennsylvania ticipate in their educational process. A unique as- Goy Robert P Casey's Drug Policy Council. pect of Pennsylvania's Student Assistance Pro-

Page 32 The journal of State Government grams is the support received from the private we've correctly assessed the mood and resolve of sector. The Grand Lodge of Free and Accepted our citizens they'll tell us. Masons of Pennsylvania, following the lead of Carl W. Stenberg Jr., past grand master, allows free use of its facilities for training school person- Devising Public Solutions nel to implement the programs. The Lodge also Pennsylvania's governor isn't content with underwrites innovative demonstration programs rhetoric alone. His gestures would ring hollow for addicted women and children. without substance and purposeful direction. And so, having spoken out on the issue of drug abuse, PENNFREE Takes an Active Role Casey took his Drug Policy Council on the road in 1989. Seven public forums were held in com- State government lacks the resources to rid themunities around the state. The governor, attor- state of alcohol and drug abuse. Pennsylvania has ney general, members of the cabinet and repre- no military to keep drugs out. Civilian police au- sentatives of the general assembly heard and saw thorities and our national guard often are circum- what was happening in the state. Alcohol, drug vented by drug traffickers. Hundreds must wait abuse and the ravages of addiction are destroying for too few publicly subsidized treatment pro- the hopes, dreams and lives of our peoplemen, grams. Schools and community agencies strug- women and children from every level of Pennsyl- gle to cope with "people problems" that sabotage vania society in our cities, towns and villages. education and prevent learning from taking place. The democracy at work through the hearings Many bright and dedicated people have pledged resulted in overwhelming support for the governor's to eradicate alcohol and other drug abuseedu- cators, counselors, police officers, parents and plan to invest an additional $90 million of state clergy. Their struggles are beginning to pay divi- funds over the next two years to bolster drug law dends. State leaders seek to ratify their success enforcement, drug abuse treatment, education in fighting drugs while acknowledging there is and other prevention strategies. no simple solution. There are assets state government can contribute to this drug-fighting partnership. These in- The governor has said that freeing our people clude an eagerness to speak out forcefully in fc..- from the scourge of drug abuse and the escalat- vor of anti-drug abuse activities, a commitment ing costs of human services and lost productivi- of resources to make changes and an understand- ty borne by taxpayers is the most important task ing that the credit for success must be shared that government faces in the 1990s. He sees the with those inside and outside of government. imprint of drug abuse on almost every page of our Drug abuse is not a bi-partisan issue, even state budget, and on the budgets of county and though this expression has gained some curren- municipal governments and schools. cy. This characterization of our joint struggle is The democracy at work through the hearings flawed because it politicizes the effort. The issue resulted in overwhelming support for the gover- is non-partisan. Lasting success will occur when nor's plan to invest an additional $90 million of government at every level works hand-in-hand state funds over the next two years to bolster drug with families, individuals, and private institu- law enforcement, drug abuse treatment, educa- tions. Laboring alone, we don't stand a chance. tion and other prevention strategies. This invest- Rhetoric is important; it's not the villain that mentthe governor's plan for a drug-free Penn- it's often made out to be. What we say about our sylvania, called PENNFREEdemonstrates to policies and our priorities, and how we say it, can our citizens that their state government is a re- galvanize us to act in ways that promote a vision sponsible partner. We're not afraid to take our of a state and nation free of drug abuse. Success- own medicine and, in the process, we enhance the ful government leaders learn quickly that a quin- possibility of healing ourselves. Such a substan- tessential element of effective leadership is the tial commitment to action and investment proves ability to mobilize constituencies around an is- that we're not relying too much on the federal sue of common concernin this case, to cultivate government or financially strapped county and public and private support for resolution of the local governments to put our house in order. alcohol and drug abuse crisis. By publicly sharing policies and priorities, rhetoric serves as a rallying point for future ac- Learning from Others tion. Equally important, it affords us the chance to check the accuracy of our perceptions. If we Have we declared victory in our effort to eradi- vocalize our beliefs we'll soon discover whether cate alcohol and drug abuse? Of course not. We

The Council of State Governments Page 33 kincv that victory is a long way off. Do we believe time or money to waste. Nor will we permit our- that a unified Pennsylvania will achieve a drug- selves to become complacent and content with abuse free environment for our children without modest improvements. The momentum exists the help and support of our sister states? Again, now. Relaxing our vigil only deprives us of a valu- the answer is a resounding no. Our state is not able opportunity to maintain our course for the an island, free and independent of its neighbors. future. We have much to learn from each other and much to share. The Middle Atlantic Governors' Com- Families, individuals, schools, community and pact on Drug and Alcohol Abuse is an example neighborhood organizations have come to appre- of neighbors recognizing their inter-relatedness ciate our sincerity. We've already succeeded in and the value of wcrking cooperatively toward a one sense. We've restored our people's faith in common goal. Reinventing the wheel may yield state governmentwe believe that our partner- a sense of accomplishment, but we don't have the ship has promise. MEET THE CHALLENGE Attend The Council of State Governments' 1990 Regional Conferences and explore the issues of tomorrow. The Northeast Agenda: Turning Challenges to Opportunities EasternJuly 29-August 2, 1990 RegionalHoliday Inn Center of New Hampshire Hotel ConferenceManchester, New Hampshire Contact: Alan Sokolow, (212) 693-0400 State-Wide Challenges, Community Solutions MidwesternJuly 22-25, 1990 LegislativeFairmont Hotel ConferenceChicago, Illinois Contact: Virginia Thrall, (708) 810-0210 The West The Frontier of Science and Technology WesternSeptember 23-26, 1990 LegislativeHilton Hotel ConferenceAnchorage, Alaska Contact: Andrew Grose, (415) 974-6422

Summit '90 SouthernJuly 22-25, 1990 LegislativeGrove Park Inn ConferenceAsheville, North Carolina Contact: Colleen Cousineau, (404) 2664271

Page 34 The Journal of State Government Treatment Key to Fighting Drugs by Stan Lundine

By offering treatment to drug abusers in prisons, New York is tackling the crime at its roots and making progress in the war on drugs.

When 13-year-olds rob stares at gunpoint and more drug treatment and educationpreviously gangs overtake school yards and communities, seen as "soft" solutions. pressures increase for stepped up law enforce- Law enforcement officials are not the only ones ment to combat drugs and crime. More than 70 who support more drug treatment. On a visit to percent of President Bush's proposed drug bud- a drug treatment unit at Riker's Island, a correc- get would go toward criminal justice initiatives, tional facility in New York City, I saw inmates us- interdiction and border activities. ing the telephone around the clock in a search to Although few would quarrel with the need for reserve space in treatment programs upon re- strong law enforcement, the question is one of lease. There is a great demand for treatment, but balance. Can law enforcement be pursued effec- a scarce supply. tively without equal attention to demand reduction strategies? I think not. As chairman of New York's Anti-Drug Abuse New York Expands Treatment Council, I have conferred with sheriffs and police officers, addicts, school teachers and public health New York is committed to providing treatment officials across the state. Parts of the state have to those who want and need it. Last July, Gov. become war zones of wasted lives and violent Mario M. Cuomo signed the Omnibus Criminal deatha war declared by dealers of killer drugs Justice Bill, which provided for 2,000 new beds that turn dreams into nightmares, unborn babies in prison drug treatment annexes. ir to addicts and communities into chaos. My ob- There, however, are many inmates in New servations confirm research that shows treat- York's corrections system who belong in commu- ment and prevention work, and without them law nity-based drug treatment programs. The state enforcement efforts are jeopardized. would save by investing in treatment programs. As in many other states, the drug crisis has It costs us more than $100,000 to build a prison overloaded New York's prisons, courts and parole cell in New York vs. $25,000 for a drug treatment and probation systems. Statistics reveal the di- bed. New York's costs are $24,000 a year for a mensions of the crisis: prison bed vs. $18,000 for a treatment bed. This Since 1980, the number of drug offenders in does not include the benefits of a successful recov- New York prisons has risen by 637 percent. ery to society and to the addicted individual. Almost one in every three persons incarcer- New York in 1990 will expand its intensive su- ated in New York was brought in on drug charges. pervision program for parolees and probationers Eight of 10 persons arrested on felony charges who have histories of drug abuse. By increasing in New YorCity test positive for drugs. drug testing and providing drug counseling train- The strain drugs place on the criminal justice ing for parole and probation officers, the state will system has forced the local enforcement commu- relieve the corrections system and help addicted nity to re-think its anti-drug strategy. Sheriffs offenders keep free from drug abuse. The state and police chiefs who for years assumed a "round also will offer an incentive program to help coun- 'em up and lock 'em up" posture are calling for ties establish treatment programs for those convicted of crimes. Stan Lundine is lieutenant governor of New York and If President Bush and William Bennett were chairman of New York's Anti-Drug Abuse Council. more attuned to the pulse of local law enforce-

The Council of State Governments Page 35 I4, ment, I believe they, too, would support grassroots ment slots are available. Can America really anti-drug efforts and expand opportunities for claim to be serious about winning a war on drugs drug treatment. if we turn away addicts seeking treatment? A Yet, Dr. Herbert Kleber of the Office of National policy which sends addicts back to the street to Drug Control Policy, writing in the New York commit more crimes and create more victims is Times, defended the administration's decision illogical and cruel. not to pursue a policy of treatment on demand. Critics of New York's strategy of treatment expansion mention community resistance to host- ing facilities as well as shortages of trained addic- Some 6 million drug abusers nationwide need tion professionals. The state's proposals address treatment now. Fewer than 200,000 treatment these practical problems of treatment expansion. slots are available. An example is New York's development of "drug treatment campuses!' The proposal calls for the acquistion or construction of at least two treat- I believe this administration policy effective- ment campuses designed to serve 2,000. New ly condemns addicts and communities to suffer York is exploring locating one or more campuses through a continuing epidemic of drug abuse and on government-owned land, which would allow crime. By contrast, New York has decided to the state to overcome many of the problems asso- greatly expand drug treatment as part of its $1.4 ciated with community-based facilities. The plan billion anti -drug effort for the coming year. New is for treatment campuses to use a host of treat- York's proposed budget would quadruple its resi- ment providers, including a crack clinic, separate dential drug treatment capacity in the next five treatment programs for women and services for years, bringing the state's total capacity to 20,000 children. The campus programs would be linked beds. This spring New York will have 7,200 new by core services such as health care, education, state-supported residential treatment slots either job training and employment services. open or under contract. Vocational training, counseling and education are crucial to treatment success. Providers at the campuses would be required to 1- ve approved Treatment Reduces Crime plans for continuing care of clients following the initial treatment. Clients also might be referred Experience and studies have shown that treat- to half-way houses and other supportive living en- ment works. A 1987 analysis by economists at the vironments. The campuses might host research Research Triangle Institute concluded that three and training facilities. to five years after receiving treatment, former As the White House and policy-makers across drug abusers had reduced their criminal activity the nation consider what to do about the scourge by as much as 77 percent and employment dou- of drugs, they would be wise to adopt a balanced bled among those treated. The study concluded approach that couples law enforcement with de- that every dollar snent for drug treatment re- mand reduction measures. Treatment on demand turned more than four dollars to society in lower is crucial. It's economical, effective and practical. law enforcement and related costs. With innovative approaches, such as the use of In other words, either we pay for drug treat- drug treatment campuses, barriers ÷,o success can ment today or we'll pay four times more for the be removed. We should not confuse the difficult costs of addiction tomorrow. And those costs will with the impossible nor should we assume the be huge. Some 6 million drug abusers nationwide policies of yesterday are fit for the realities of need treatment now. Fewer than 200,000 treat- tomorrow.

13 Page 36 The Journal of State Government Patience and Persistence: A Winning Strategy in the Drug War

by Jim Jones

Persistence and coordinated efforts by policy-makers and law enforcement officials at all levels are needed to achieve a lasting solution to the drug problem.

Americans are a fairly impatient lot. Once a Many people say that we need to address the serious national problem has been identified, various problems that lead our citizens to turn to they demand not only immediate action but also drugs. That is certainly true, but the causes are an immediate solution. This is probably as it so varied and the solutions so complicated and should be, but the fact is that serious problems costly that a more realistic intermediate strate- are not always subject to instant solution. The gy should be pursued. Some people turn to drugs drug problem in America is a case in point. In or- because of social despair, others from boredom, der to solve the problem, it will take years of de- others from peer pressure, and others because of termined effort by government and the general various needs, desires or problems. The common public. denominator to addressing all of these problems It is clear that in order to win the war against it to educate the users and potential users as to drug trafficking and abuse the country will have the real effects of drugs and their ineffectiveness to pursue a program emphasizing drug educa- in solving their problems or meeting their needs. tion, treatment and aforcement. We knew that many years ago. President Bush focused public attention on this type of approach when he an- Education Key to Reducing Demand nounced his drug strategy last year. People may disagree with the relative emphasis on individu- The schools have been doing a more effective job al elements of the strategy, but there can't be of drug education but they must do better. Drug much argument that such a comprehensive and education should extend to the lowest grades coordinated program is essential to victory. and should be made available universally. Law The country should not allow itself to be side- enforcement officers and community resources tracked by peripheral strategies with passing ap- should be used to a greater degree in classrooms. peal. Often sheer desperation drives us to pursue Some studies indicate that education efforts are side strategies when the main strategy does not starting to work but we certainly cannot let up appear to be producing immediate, concrete re- at this point. sults. The frenzy to find an instant solution can The education effort has to a great degree left divert our attention and resources. We should re- out an extremely important segment of society sist the lure of simple answers. The drug abuse parents. There is no reason why parents should problem did not appear overnight. It grew over stand on the sidelines, merely observing the drug many years, fostered by a fairly permissive atti- battle. Greater efforts should be undertaken to tude held by many in positions of influence. With educate parents as to their important role in the the tremendous amount of drug dependency now drug war. spread across this country, it will take many Parents need to know how to recognize poten- years of dedicated effort to achieve the desired tial or real drug problems and how to intervene results. effectively. They also need to know how they can take preventive action, such as being actively in- Jim Jones is in his second term as attorney general of volved in their children's lives and encouraging Idaho. them to participate in activities that generate a

4 The Council of State Governments Page 37 feeling of self-worth. Kids who are busy with federal government is an important part of the wholesome activities and who feel good about enforcement program. Coordinated efforts by fed- themselves are not as apt to experiment with eral, state and local law enforcement agencies drugs. Parents can play the key role here but we against traffickers are also essential. simply haven't done an effective job of getting Law enforcement officials at all levels must them involved in prevention and remediation. have the resources to go after the traffickers, prosecute them and put them out of action. How- ever, we must realize that the efforts of law en- Drug Treatment Needed forcement constitute a holding action. We are essentially holding the traffickers at bay while Drug treatment also is being recognized as an other programs work to reduce the nation's de- essential element of a winning strategy. Unless mand for drugs. The consumers of illegal drugs we treat adolescents, penitentiary inmates, and must be treated and educated so that their desire even "yuppies" for their drug dependency prob- to consume is kept under control. Initiatives on lems, we will have continual problems, not only the supply side of the problem are necessary to with drug dependent individuals, but others as give the demand strategy time to work. well. Drug treatment is expensive but non-treat- However, more adequate resources are needed ment is more expensive because of the tremen- for law enforcement's holding action. It should be dous strainscrime, incarceration, absenteeism, recognized that the greatest burden, except for in- family violence, and so onit places on society. ternational and interstate interdiction, has been, We must make drug treatment more readily avail- and will continue to be, shouldered by state and able to drug dependent citizens. local governments. There is a danger in assuming that the federal government can, should or State and local governments will play the major will be the major plarer in the enforcement com- role in day to day enforcement efforts against ponent of a drug program. Congress and perhaps the administration would have us believe that the drug dealers in cities and schools. federal government will resolve the problem. That simply isn't the case. State and local govern- States must exercise care in developing a drug ments will play the major role in day to day en- treatment strategy because of the tremendous forcement efforts against drug dealers in cities costs involved. Drug treatment can be a bottom- and schools. less pit. The increased federal support approved Since local law enforcement agencies seem to last year will help, but states should make as have the greatest problem in marshaling assets much of their own money as possible available for for drug enforcement, states should consider ways drug treatment and then determine what target to pass funding to cities, counties and other local groups should have first call on the funding. government agencies. State grant programs de- Youngsters and penitentiary inmates should signed to encourage multi jurisdictional drug receive first priority for drug treatment funding. task forces can be effective in getting additional Young people deserve a high priority for treat- monies to the local level where much of the action ment because early intervention can divert many is, while fostering much-needed interagency coordination and cooperation. This approach borrows of them from long-term drug dependency and from the federal-state relationship envisioned by the resulting tendency toward criminal conduct. Those who are convicted of serious criminal federal legislation placed on the books in recent offenses also should be targeted for treatment years with fairly encouraging results. States can since most owe their convictions at least in part extend the strategy to the grass roots of law en- to drug involvement. Although the results vary, forcement. studies generally show that between 70 and 90 Although it is tempting for state and local peace officers to be critical of the federal govern- percent of prison inmates have serious substance abuse problems. Unless treatment is made avail- ment's on-again, off-again approach to the drug able, these individuals are likely to become re- problem over the last several years, a supportive peat offenders. Treatment programs designed to federal attitude has developed recently. President Bush is to be commended for calling attention to address substance abuse problems as inmates are the drug problem and Congress should be con- released from the penitentiary system can be gratulated for responding. However, it must be very effective in reducing recidivism and rein- recognized that the additional federal resources volvement with drugs. will not be enough to do the job and will likely not be available on a long-term basis. The govern- Law Enforcement Essential ment has run out of new money and the additional monies recently made available for the drug Another essential element of the drug war is program were diverted from other programs. Ef- effective enforcement. Drug interdiction by the forts will be made to recapture the drug monies

Page 38 The Journal of State Government or to divert them to some other future program substance abuse and related societal problems. that captures the fancy of Congress. State and lo- If people are willing now to buy and use drugs, cal governments should use the freed up money risking serious criminal prosecution, wouldn't while it is available but recognize that it does not they be more inclined to sample and use drugs have a long life expectancy, that it is not a sub- with tacit government approval and without the stitute for raising additional monies for drug en- risk of prosecution? Legalization is a false answer forcement, treatment and education at the state brought about by frustration, much like the pro- and local level. It would be unfortunate if the fed- posal to declare victory in Vietnam and go home. eral government should financially pre-empt state and local programs, leaving them to falter Legalization is a false answer brought about by in future years when federal funds disappear. frustration, much like the proposal to declare victory in Vietnam and go home. Legalization No Solution Instead of looking for other immediate solu- In our characteristic and admiraLle desire to tions, we should now move forward with determi- immediately solve the problem, we must careful- nation and resolve. While there is always room ly evaluate and prudently reject would-be instant for adjusting the overall strategy, the essential solutions. The call for legalization of drugs as a elements are already there and we .,nust simply solution to the problem ignores many factors. understand that it is going to take some time to While it might result in a reduction of violence achieve the desired results. We can't afford to involved in trafficking, it does nothing to address think that we have resolved the problem by pass- the underlying problems which lead to substance ing last year's drug bill, that the problem is not abuse. Legalization would likely lead us to ignore subject to resolution, that the desired results are the causal problems in our society, at least to going to be achieved this year or next, or any simi- a greater degree than we now do. Legalization lar conclusion. Persistence is the key and public would likely result in a significant increase in support is essential.

The Journal of State Government 1990 Editorial Calendar

The nation's leading journal devoted to state policy-makers provides a quarterly exploration of state government. Whether you are in government or are interested in it, don't miss an issue. To subscribe write: The Order Dept., The Council of State Governments, Iron Works Pike, P.O. Box 11910, Lexington, KY 40578-1910. January-March, Strengthening State Powers. What's at stake in federal-state struggles? Read the views of White House Chief of Staff John Sununu, Connecticut Gov. William O'Neill, union leader Al Bilik, North Dakota Sen. David Nething, Robert Hawkins Jr. and Lee Walker. April-June, Fighting the Drug War. What's the answer: law enforcement, treatment, education or legalization? Authors include Harvard's Lester Grinspoon, New York Lt. Gov. Stan Lundine, Idaho Attor- ney General Jim Jones, Yale's David Musto, Edwin Delattre and stateand city representatives. July-September, Regional Initiatives. What are states doing to tackle common problems on a regional scale? State officials and others will relate the complexities of interstate solutions to pressing problems in economic development, the environment, criminal justice and education.

IC The Council of State Governments Page 39 States Vital to National Drug Efforts

by Edwin J. Delattre

No national drug policy will ever be effective without the willing participation of state governments.

The powers delegated by the . . . Con- members, child abuse and abandonment and the stitution to the federal government are cruel impairment of drug-exposed babies cause few and defined. Those which are to re- permanent human disabilities that will haunt us main in the state governments are nu- in future decades. Some educational institutions merous and indefinite . . . The powers are under siege, along with health care and treat- reserved to the several states will extend ment facilities. The criminal justice system is to all the objects, which, in the ordinary swamped with serious drug-related offenses. course of affairs, concern the lives, liberties and properties of the people and the internal order, improvement and What Drugs Do prosperity of the state. In individuals, the effects of drugs range from JAMES MADISON indolence, lethargy, helplessness and corrosion of all aspiration to unbelievable selfishness and If ever the lives, liberties and properties of the disregard for consequences of their actions. In people and the internal order, improvement and schools, the effects on pupils range from erosion prosperity of the states were jeopardized by an of educational and behavioral standards to total epidemic, they are jeopardized now by narcotics loss of self-purpose. Drug-induced behavior re- consumption and dependency. Use of illegal nar- sults in property crimes of every kind, high levels cotics, stolen prescription drugs and alcohol of impulsive sexual activitywith related high abuse threaten the American way of life. levels of venereal disease and teen pregnancy The problems spawned by drug consumption and exposure of students and teachers to sexual and alcohol abuse are grim. They include home- crimes and violence. lessness and terrifying criminal violence, such as The grimmest side effects include addicted moth-

savage gang tyranny over neighborhoods. Narcot- .i who sell their small children to rapists for ics-related public, professional and corporate cor- money to buy drugs. Innocent people are slaugh- ruption are rife. Corruption involves the compro- tered in drive-by shootings. Children are routine- mise of government officials by bribery and extor- ly forced by gang leaders to run drugs and fre- tion, money laundering of black market profits, quently crippled with bullets if they do not run insider trading for cocaine and prescription drug fast enough 270 such children, between the scams. Economic costs for alcohol abuse topped ages of 9 and 12, were shot by dealers in Detroit the $100 billion mark in 1983. The Research Tri- alone in 1987. angle Institute of North Carolina estimates that -Illiterate teenage prostitutes on drugs have drug-related costs reached that figure in 1988. never heard of AIDS or have been convinced by The spread of acquired immune-deficiency syn- their pimps that only male homosexuals can drome among intravenous drug users is stagger- transmit or be afflicted with the virus. Terrified ing, and 23,000 people died in alcohol-related and malnourished children come to school after traffic deaths in 1988. Violence against family having cowered beneath a blanket all night on the same bed where their mothers or fathers were Edwin J. Delattre is the Olin Resident scholar in Applied Ethics in the School of Education at Boston University selling sex for drugs. Drug-exposed babies are and an adjunct scholar at the American Enterprise insti- born addicted; their brains, eyes, endocrine sys- tute in Washington, D.C. He is the author of Character and tems, hearts, lungs and other vital organs are Cops: Ethics in Policing. dysfunctional at birth. Even if they survive the

Page 40 The Journal of State Government strokes that many of them suffer, many will miss and to advance improvement and prosperity out on the critical time after birth to bond with among the peopleplay a central part in the na- a mother or mother figure and may well suffer tional strategy. Most states already have pro- from the inability to form close emotional attach- grams within their governor's office to develop ments throughout life. and coordinate anti-drug programs. Not all the problems are so obvious. Drug con- Many states emphasize a drug-free workplace sumption and alultol abuse are contagious where policy in accordance with the Federal Anti-Drug we might not initially expect them to be. The con- Abuse Act of 1988; drug-free schools and school tagion comes from attractive and apparently suc- zones; drug reduction in public housing; outreach cessful and happy students and employees who to at-risk youth; special initiatives to deal with take drugs and put peer pressure on others to join intravenous drug abusers; drug testing, counsel- them. These people give drugs to their friends. ing, and treatment for state employees; and leg- Few people just starting to use drugs have any islation regulating use of electronic equipment realistic fear of drugs' power to enslave. such as paging beepers on school property (NGA, The temptations toward drug consumption are 1989). intensified where human weakness is compounded by lack of educational and work opportunities, People use drugs because they like them. Once exposure to demeaning social conditions and ab- addicted, they use them because they are ject poverty. Less obvious, but equally true, is that human weakness is frequently compounded by enslaved by them. Many who desperately need conditions of affluence: Drugs take a toll where treatment do not want it, will not seek it and the young have wealth but little loving supervi- will commit crimes for money to live whether sion, privilege with little responsibility, too much or not drugs are legal. time with too much money and too little ambition, too much tolerance of low expectations, and too much exposure to adults and peers who glori- As planning and implementation proceed, and fy mindless pleasure-seeking. the effectiveness of programs becomes more ap- parent, states will no doubt find several federal recommendations useful. Review of criminal jus- National Response Needed tice resources with an eye to certain and swift punishment for drug traffickers should be joined Narcotics consumption and dependency, plus with consideration of alternative methods of pun- alcohol abuse and addiction, cause such an array ishment for users. For traffickers and users alike, of problems in so many segments of our society asset forfeiture and fines will be effective. The es- that only a national response can reduce them. tablishment of forfeiture funds should supple- The nation is more than the government. It is ment the budgets of state and local agencies. At much more than the federal government. A truly the same time, states should consider confiscat- national response requires direct participation by ing the vehicles of people convicted of drunken citizens, families, private sector corporations and driving. non-profit institutions, and government at the lo- Expansion and evaluation of treatment facili- cal, state and federal levels. ties also will be necessary. States that give treat- The formulation of national drug control policy ment the high priority it deserves will need to in Washington gives America, for the first time, concentrate on the inmate population of state pri- a comprehensive vision for reduction of drug con- sons. About 80 percent of this population has a sumption and dependency. The approach stresses history of drug consumption that is usually unin- that no single remedy for drug problems can be terrupted by treatment while incarcerated. Cer- effective in isolation. International diplomatic tainly, states will need a strong commitment to and economic measures, interdiction, domestic drug reduction to resist reducing state funding law enforcement, user accountability, education, prevention, treatment and treatment research, as federal funds for treatment increase. States private- and public-sector employee assistance that treat federal money as replacement rather programs, conseien' 'ous parenthood and the than supplementary income will undermine their mounting of civic and peer pressure against own purposes. drugs are all parts of any approach broad enough Wise state leaders will encourage cooperative to succeed. programs as well. Breaking up drug distribution networks often depends on collaboration among local, state and federal agencies; skilled leader- State Actions Vital ship is needed to overcome turf battles and con- flicting reward structures among different govern- State governmentsbecause of their central ment agencies. Availability of information about obligations to protect life, liberty and property the movements of traffickers and about effective

The Council of State Governments Page 41 drug-reduction programs depends on agencies es- ment alone. People use drugs because they like tablishing routine information exchanges not yet them. Once addicted, they use them because they in place. are enslaved by them. Many whodesperately Furthermore, leaders who take a broad view of need treatment do not want it, will not seek it and drug problems will emphasize not just drug edu- will commit crimes for money to live whether or cation but the reform of schools. They will empha- not drugs are legal. Furthermore, even if every size standards of performance for students that cocaine, crack or ice addict wanted treatment, we require diligent study outside of school. They will do not yet have treatment methodstherapeu- seek to determine whether academic expecta- tic or pharmacologicalthat are guaranteed to tions of students in state-funded colleges and uni- be effective. versities are sufficiently demanding to thwart in- Second, selective legalization of drugs will lead dolence and bad habits. to criminal marketing of higher intensity ver- State leaders should likewise look to the expan- sions than government will provide, and to great- sion of corporate internship, training and job pro- er marketing of still illegalchugs. Even if we grams, and to the establishmentof volunteer ser- legalized everything, whether or not we knew vice programs for youth and adults. Despite sepa- how to treat all users, new drugs would regularly ration of church and state, there is every reason be pushed into the marketas crack and ice for churches, civic organizations and PTAs to have been recently. And even if we made inroads work together with public institutions at the lo- into adult markets, traffickers would mount more cal and state level. As a people, we are in this to- aggressive sales campaigns with children. gether; we need each other to pose a unified front There still would be enormous criminal profits against drugs. in thwarting legalized drug regulations. Criminal All of this will take enormous fortitude, pa- narcotic traffic would persist as surely as crimi- tience and resolve. And even with intelligence nal traffic in legal prescription drugs persists and persistence, we will not eliminate drugs or today. their effects. Victory means tremendous reduc- Third, legalization would put those who are al- tions in demandand we cannot win in the way ready at risk even more at risk. The disadvan- an athletic team wins, thenchange our clothes taged including those who live in high-risk and go home. Some struggles do not really end, areas and those without strongfamilieswould because the nature of human beings does not be hit hard, as most inner-city residents know. change over the centuries, and each generation The efforts of families, schools, corporations and must be schooled anew against the temptations government to educate youths about the dangers that routinely destroy human lives. of drugs would be shattered. The promises of legalization proponents are se- ductive because they guarantee so much for what Legalization Not An Answer seems to be so little. But whatlegalization advocates ask of us is not little at all. They ask us, in Not surprisingly, some commentators on drug the words of William Safire, to "put cheap, mind- policy insist that there must be a quicker, easier destroying chemicals in millions of school knap- way. They propose that welegalize currently ille- sacks" (Safire, 1990). They ask us to ignore the gal narcotics. Though legalization advocates current consequences of alcohol consumptionby generally admit that drug consumption would minors. And they ask us to risk the future on the rise in the short run, they insist that legalization promise that everything has one remedy: educa- would take the profits out of drug trafficking. tion and treatment. To them, the reply is that we Once the profits are removed, they say, drug- are expanding education and treatmentwithout related crime and corruption would be reduced, legalization. Enormous risks are irresponsible police would be free to combat other problems, when we can accomplish everything legalization and savings in anti-drug law enforcement could promises without taking those risks. go toward the expansion of treatment programs. Few people who have studied drug trafficking, the behavior of drug users, or the state of treat- Sources ment research consider the promises oflegaliza- tion realistic. They are shallow promises that ig- "Drug Abuse and Trafficking: States Meeting nore many overriding facts. the Challenge" (Washington, D.C.: National Gov- To describe only the most obvious: first, demand ernors' Association, 1989), pp. v ff. for drugs cannot be reduced by treatment alone William Safire. "State of the Drug War." The any more than it can be reducedby law enforce- New York Times, Jan. 22, 1990, p. A15.

Page 42 The Journal of State Government Hidden Dangers of the Drug War by David F. Musto

We are in our second drug war. There is a debate over the amount of resources applied to this war, the balance between supply and demand side allocations, the extent of treatment facilities and the need for more prison space. But that a war is underway is generally agreed.

A great change in attitude regarding drugs has blood vessel. The negative physical and mental taken place among Americans since this war be- effects of cocaine are magnified by crack use, al- gan in the late 1960s. The momentum has shifted though to a cocaine user, the intensified effect is from a search for new drug experiences to a fear desirable, of drugs' effect on the body and mind. Not every- Not everyone who experiments with a danger- one is enlisted in the war and the shift in popu- ous drug becomes addicted to it. The percentage lar sentiment is so gradual from one year to the of users who get in trouble or become confused or next that change is difficult to sense. The decline violent during the early years of a drug's intro- in consumption of alcohol and tobacco and sur- duction may seem insignificant. Our natural veys of public attitudes regarding illicit drugs, sense of invulnerability and the pleasurable effect however, show a steady trend against the use of of the drug lead users to see the chance of success mood-altering drugs since the high-point of tol- to be, say, 90 percent. Gradually the casualties eration in 1978-79except for cocaine and crack. accumulate and users multiply. In the case of co- The crack/cocaine problem appears to be flourish- caine, it is difficult to predict who is likely to being. Killings, either random or as part of cocaine- come addicted. Addicts range from the success- selling turf battles, terrify residents of many ful and powerful to the poor and alienated. inner-city neighborhoods. The effect of cocaine use on the emotions and behavior of users is frightening. How do we fit the "crack epidemic" Cocaine's First Fail into the anti-drug attitude that has been growing over the last decade? Is there any precedent The time required for a nation to shift its atti- for the spread of cocaine across the nation? Are tude against a drug like cocaine can be frustrat- we doomed to a continuous conflagration? ingly slow, especially to those who have decided Cocaine began to be a topic for the media and that it is dangerous. Yet in American history a delight for the well-to-do in the early 1970s. there has been no other drug widely used for Some experts assured the public that the drug recreational purposes which has fallen so far in was a harmless tonic and argued for its legaliza- esteem as cocaine. From being an ideal tonic, co- tion on that basis. caine has plunged to being the most dangerous Gradually more people began using cocaine of substances the model bad drug. This hap- as its price fell and word of its ability to cause pened in the first cocaine epidemic which began euphoria spread. Crack is a smokable form of co- in 1885 and lasted until after World War I. Mov- caine that delivers an intensity of stimulation to ing from its introduction as a harmless tonic to the brain rivaled only by direct injection into a its popular perception as an extremely dangerous substance took about 15 years. In 1910, 25 David F Musto is professor of psychiatry and the histo- years after cocaine's debut, the drug was called ry of medicine at Yale University. He is the author of The "more appalling in its effects than any other American Disease: Origins of Narcotic Control, a history habit-forming drug used in the United States" in of drug attitudes and policy in the United States. President Taft's report to Congress.

The Council of State Governments Page 43 When Americans begin to fear the actual ef- ceived the broad consensus that cocaine prohibi- fects of cocaine on the mindnot its cost or puri- tion achieved. tythe perception of the drug's dangers to the casual user shifts from optimism based on the Drug Use Is Falling earlier estimates of safety to the possibility that anyone may fall to its allure. At this stage, a 10 Thus far, the implication of the first epidemic's percent chance of deep and irrational addiction history is that gradually demand will decline, is as frightening as riding in an airplane with a slowly but effectively. The recent National House- 10 percent chance of crashing. hold Survey rel., rted a decline in casual drug use of 37 percent during the last three years. However, If we demand or expect change to come more serious cocaine use persisted. This appears to re- rapidly than it can, we may conclude that flect a change in attitude, as does the steady de- anti-drug measures are failing when their cline in regular marijuana use among high school seniors over the last decade. The shift has been effectiveness may be as good as can be achieved accompanied by growing educational campaigns with a population of a quarter-billion. against drug use, increased penalties, more arrests and incarcerations, and increased public awareness. Clearly the change in attitude has Cocaine's affects on the user can create the been reflected in a growing unanimity against stereotype of the crazed "dope-fiend:" impulsive, drugs, which has permitted controls impossible violent behavior and bizarre, paranoid thinking. to enact in the mid-1970s. Cocaine doesn't even hold the last-ditch hope that The cohesion of communities' social structures distributing the drug will quiet the user's agita- education, criminal justice, health, religion tion and danger to the public. Cocaine taken on and mediagradually reduces drug use tolera- a regular basis does not calm or normalize behav- tion. ior as may occur with opiate users, but only in- And, policy-makers need to recognize that the tensifies undesirable traits. time-line of perceptual change is gradual com- pared to rising public fear of cocaine and anger ASlow Process at its users. If we demand or expect change to come more rapidly than it can, we may conclude The combination of cocaine's promise of ex- that anti-drug measures are failing when their treme pleasure with its perception as the ulti- effectiveness may be as good as can be achieved mate in dangerous drugs is a powerful persuader with a population of a quarter-billion. It is this to the vast majority of Americans who feel co- popular insistence on quick remedies that puts caine is too dangerous. This attitude shift in a the drug issue into the partisan political arena. drug epidemic, from seeing a drug as valuable Parties vie for a quick solution. Politicians' opti- and safe if used with expertise, to seeing it as dan- mism or pessimism in describing the drug prob- gerous in any amount, is fundamental in reduc- lem is skewed towards their role in the war. ing its demand. The progress of this rejection per- There is, however, an even less perceptible but colated slowly through American society: it is more serious error into which we can slip.The first noticed among those who are alert to health first cocaine epidemic and other waves of drug use advice and want to maintain a stable lifestyle. If illustrate this hazard. Extremely feared drugs, the last cocaine epidemic is a guide, cocaine ul- such as cocaine, with their dangerous image and multifarious paths to personal and social dam- timately is seen as having no redeeming quali- other ties by the vast majority of Americans. Peer pres- age, easily merge in our minds with our sure for experimenting with cocaine shifts to peer fears and problems. pressure against trying it once. The power of this shift in attitude is enormous, for cocaine was vir- Blaming Ethnic Groups tually extinguished from American life by the 1940s until new, uninformed generations redis- The public perception of cocaine peaked around covered cocaine's appeal in the 1970s. the turn of the century and coincided with a rise Contrast the almost total rejection of cocaine in in fear among white Americans regarding blacks, any amount, as occurred during the cocaine pro- especially in the South. Lynchings reached a hibition after World War I, with the divided at- peak along with the loss of black voting rights. titude toward alcohol during its prohibition from Cocaine became accepted as the reason for black 1920-1933. At the peak of alcohol prohibition in hostility. To many, cocaine was a black drug, al- the early 1920s, it is doubtful whether much though evidence exists that both groups used co- more than a bare majority favored makingbever- caine and that blacksdidnot use it more than age alcohol illegal. Alcohol prohibition never re- whites.

Page 44 The Journal of State Government It is evident that a similar linkage could be anger may be not only the easiest path, but it also forged in our minds about drug use and '.he in- is satisfying. Law enforcement comes under pub- ner city regions where many blacks and Hispan- lic pressure simply to make more arrests. In an ics live. Public anger at cocaine and its users atmosphere of fear and anger, investment in makes it tempting to blame its wrath on certain schools is more difficult to justify than invest- ethnic groups. In addition, our demand for ment in prisons. Those in the inner cities fight- punishment simplifies the problem of how to deal ing for their neighborhoods can be left to wither, with the inner city. It is a short step to saying thereby fulfilling the accusation that the inhabi- or assumingthat the inner city is composed tants are "just a bunch of drug users." of drug abusers who do not deserve support for schools and community. Yet the lives lost fighting drugs and trying to reclaim streets from drug Public anger at cocaine and its users makes dealers and users are predominantly in the inner it tempting to blame its wrath on certain city. The power of drug imagery and the pressure ethnic groups. we reel to simplify our fears create what seems, almost a magnetic attraction between different social fears. When we look at the history of drugs, One of the values of knowing the history of drug the connection may seem so reasonable at the use and policy in America is that we are warned time, that we easily fall into simplistic expla- against indulging our most powerful instincts. nations. We also are given hope that demand for drugs There are many long-term damages as a result even cocainecan be constructively reduced over of these associations. Of course, expressing our time if we do not succumb to frustration.

State Government News1990 Calendar

State Government News is the nation's leading monthly magazine devoted to news and information from and about the states. The News puts readers in touch with policies, programs and personalities from around the nation. For state leaders, it is a window on the issues that matter to states and approaches to emerging problems. Regular features are personality profiles of state leaders, reviews of innovative state laws and programs, a point/counterpoint on controversial topics, brief news reports on state developments and capitol conversation's lively look at topics of personal interest to state policy-makers. A pull-out Conference Calendar lists meetings of interest to state officials. Subscribe today for your own copy. Annual subscription is $35, per issue is $6. Write: Order Dept., The Council of State Governments, Iron Works Pike, P.O. Box 11910, Lexington, KY 40578-1910. MAY Health concerns. Paying for AIDS. Reducing infant mortality. Rising cost of health insurance for state workers. State wellness programs. Rationing care in Oregon. National health policy by Massa husetts Gov. Mike Dukakis. Long-term care for the elderly. Point/Counterpoint: Should business pay for health nsurance? by Cali- fornia Speaker Willie Brown and Small Business Advocate Susan Walthall. JUNE Children of despair. Homeless children. Latchkey children. Cocaine babies. Lack of prenatal care in rural areas. Early education programs. Parental responsibility laws. Plight of urban children. A mother's liability for drinking or taking drugs. JULY Housing. Housing and the states. Bad news budgets. Death penalty and fairness. AUGUST Cold war thaw: The economic impact. How states are responding to decreased defense spending and the loss of military contracts with local businesses. Opportunities in Eastern Europe. The GOP in the South. Federal mandates. SEPTEMBER Higher education. How much are states spending on colleges and what are they getting. Up- date on tuition payment plans to help parents set aside money for children's education. OCTOBER Elections and campaigns. Who's on the ballot. Major initiatives and ballot issues. Redistricting: What's at stake. NOVEMBER State-tribal relations. State relations with Indian tribes. Services to tribes. Gambling and revenue raising on the reservation. DECEMBER Continuing the drug wars. An update on tactics states are taking in combating illegal drugs.

The Council of State Governments Page 45 EST COPY AVAILIBLE A4 A Harmfulness Tax: Legalize and Tax Drugs

by Lester Grinspoon

A fool, if he obeyed, may punish crimes as well as another; But the true statesman is he who knows how to prevent them. Rousseau

In the era of the Volstead Act, H.L. Mencken drug-related crime and violence, a product of the said of the alcohol problem that between the dis- black market in drugs now as it was a product of tillers and saloonkeepers on one side and the pro- the black market in alcohol in the 1920s. The hibitionists on the other, no intelligent person threat to civil liberties grows as the warriors, al- thought there was any solution at all. The same ea.::y by nt--v essity using entrapment and inform- may be true of the illicit drug problem today, with ers, make plans to send in the army and examine its traffickers and users on one side and its mor- everyone's urine periodically. They are already alists and police on the other. Only the problem iz...sfing the urine of federal employees randomly. is perhaps more serious because the acceptable Any serious approach to this problem (as op- range of solutions is so narrow. The report of the posed to the present one) demands a recognition President's Commission on Organized Crime and of complexity and ambiguity. We have to com- the more recently elaborated Bush-Bennett plan promise between social reality and the dream of suggest how things are going right now. There is a drug free society. We may have to acknowledge very little effective opposition to prohibition. that the use of drugs and alcohol has benefits as The American war on drugs began with the well as dangers. The main obstacle to thinking Harrison Narcotics Act in 1914 and has escalat- about serious alternatives to present policies is ed in the last 20 years. Federal, state and local that no one in government wants to give up the governments now spend an estimated $8 to $9 bil- symbolism of the criminal law or the commit- lion a year on direct drug enforcement activities and millions more to house and feed the drug ment that has been made over the last 70 years, dealers and users who comprise one-third of fed- not only in the United States but all over the eral prisoners and contribute substantially to the world to treating drugs as a criminal problem. need to build more prisons. It is said that the pen- dulum of public attitudes swings back and forth Ambient Public Attitude between harshness and leniency in drug control. If there was some swing toward leniency in the But there is a great deal of public ambivalence, early 70s, it now appears to be going the other way, as indicated by the September 1989 White or, to put it less kindly, hypocrisy, where this issue is concerned. The moral consensus about the House paper on National Drug Control Strategy. This Bush-Bennett plan calls for even more spend- evil of drugs is often passionate but sometimes ing on law enforcement. shallow. We pretend that eliminating the drug Drugs enter the United States at a growing traffic is like eliminating slavery or piracy, or rate despite the war effort, although that effort sometimes as though it were like eradicating does inflate prices and keep the drug dealers' smallpox or malaria. But no one would suggest franchises lucrative. Another consequence is that we legalize piracy or give up the effort to eradicate infectious diseases, yet conservative Lester Grinspoon is an associate professor of psychiatry authorities like economist Milton Friedman and at Harvard Medical School, Boston, and has written the Economist of London have suggested legali- numerous books on drugs. zation of drugs.

Page 46 The Journal of .F ate Government Despite the hysterical rhetoric we often hear, alcohol, tobacco and cannabis: alcohol and tobac- drug control is not a settled issue in the same co because they are already legal; cannabis be- sense. Or rather, the need for that kind of rheto- cause it is probably the least dangerous drug ric is a sign that it is not a settled issue. On the used for pleasure. They all could be sold through one hand, it is accepted in public discourse that specially licensed outlets at prices determined by everything possible has to be done to prevent peo- the commission. Advertising would be banned. ple from using any of the controlled substances. Present prices might be maintained at the start, On the other hand, there is an informal lore of Then, as the commission collected more informa- drug use that is more tolerant. At one time it tion, pricing could change to reflect social costs, looked as though the forms of public discourse If this system works as hoped, data eventually and this private language were coming closer to- would indicate that these drugs are causing less gether. Now they seem to be drifting apart again. and less harm. At that point we could consider A type of pretense that we have long abandoned, bringing other drugs into the system. in the case of alcohol, is still considered the only respectable position where other drugs are concerned. Ambivalence (to put it kindly) or hypoc- No More Drug Wars risy (to put it unkindly) have always been an undercurrent in public attitudes toward drugs, even The advantage is that we would no longer have while the criminal control system becomes more the expense, corruption, chaos and terror of the and more entrenched. That undercurrent is what war between drug traffickers and narcotics agents. leaves room for the possibility of change. In this war a kind of self-reinforcing cycle is developing. Drug enforcement operations begin to pay for themselves by funds confiscated from A Plan for Legalization the drug traffickers whose operations they make enormously profitable. The taxing system sug- I would like to suggest a proposal for a non- gested here would establish a different revenue criminal approach to recreational drugs. Let cur- cycle, in which society would pay for the costs of rently controlled substances be legalized and drug abuse by extracting them from the drug taxed. The taxes would be used for drug educa- users in proportion to the amount they contrib- tion and for paying the medical and social costs ute to the problem, The commission that super- of drug abuse. A commission would be establish- vised this taxing system also would serve as an ed to determine these costs separately for each educator and guide to societyan educator not drug, and the rate of taxation would be adjusted constrained by the present totally unrealistic as- to reflect the information gathered by the com- sumption, built into the criminal law, that any mission. Thus the government would acknowl- use of certain drugs must be evil or dangerous, edge the impossibility of eliminating all drug use while other drugs have a range of benign and and use its taxing power and educational authori- harmful uses. Honest drug education would be- ty to encourage safer drug use. The drugs that are come possible. now legal, alcohol and tobacco, would not be dis- tinguished from the others. Let currently controlled substances be legalized lb illustrate the kind of calculation involved, it was recently estimated that direct health care and taxed. The taxes would be used for drug costs plus indirect losses in productivity and earn- education and for paying the medical and ings due to cigarettes amount to $65 billion a social costs of drug abuse. year, or about $2 a pack. (The exact figures de- pend on how costs are defined; for example, the economic loss from smoking may be balanced in Is it plausible to think that this arrangement a perverse way, by the lowered cost of caring for would work? Would it be possible to tax drugs chronic disabling diseases of old age in a society enough to pay for their costs? Even if it were pos- where many die young of smoking-related illness.) sible, would drug abuse increase so much that we Such a taxation policy might be regarded as a would be paying too high a price in personal and way of making people buy insurance for the risks social misery? Is the elasticity of demand great to themselves and others because of their drug enough so that taxing would substantially influ- use of drugs. Life insurance companies already ence the amount of drugs consumed, especially offer substantial discounts in their premiums for by heavy users? Evidence on all this is very un- non-smokers, and this insurance preference is certain, even in the cases of alcohol and tobacco, slowly being extended to fire and other insurance where most research has been done. There is a policies. large literature on the distribution curve of alco- The program might be instituted in phases, so hol consumption among individuals in society, that we could adjust and learn more before com- most of which concludes that any policy designed mitting ourselves fully. Phase one might involve to cut total consumption will at least proportion-

The Council of State Governments Page 47 ately reduce alcohol use among problem drink- enough to pay for the social and medical costs of ers and, therefore, the medical and social costs of the drug use. Certainly present taxes on alcohol alcohol abuse. The demand is elastic enough, are far from doing that. It might prove impossi- even among alcohol users who create problems by ble to create a system that would make the their use, to be affected by a rise in price. In fact, abusers of a drug, or even its users, pay for the full there ie some evidence that in countrieb where costs of abuse. Maybe this problem is practically the price of alcohol is relatively higher there are insoluble. Certainly the criminal law approach fewer alcohol problems and the same is true for offers no solution for it. states within the United States. We simply don't know the amount of drug use and the seriousness of drug problems that would exist under this kind of systemwhether a legal Curbing Drug Demand taxation system would have the same effect as the current crime tariff. One way to study the issue There also is some evidence of elasticity of demand for heroin adu...ts. Several studies suggest might be to examine the effect on gambling hab- that addicts adjust the size of their habits to the its of the institution of state lotteries in compe- price of heroin. One authority on heroin control tition with illegal numbers games. In any case, has said that criminal law would be effective in to undertake such a bold move we would have to cutting down heroin from five minutes to two decide that the deprivation of freedom and the hours. This is the "crime tariff." The criminal law damage wrought by prohibition is greater than makes it risky to manufacture and distribute the the damage attendant on an increment of drug drug. This raises its cost to the consumer, who use, much as we did when we decided to repeal therefore needs more time to earn or steal enough the Volstead Act. money to obtain it and restricts accessibility, so that the consumer has to spend more time finding Models for Legislation out where to get it. The question is whether through taxation we could impose a limitation similar to the There are already some models available for crime tariff but more efficiently and with fewer legalization or quasi-legalization. In Amsterdam, monstrous side effects. there is a union or organization of drug users and addicts that advises officials. Heroin addicts get What about cocaine demand? The barrage of free methadone and marijuana is sold at openly drug-war publicity has obscured the fact that the tolerated cannabis cafes. Alaska allows its citi- number of people using cocaine is declining. zens to grow marijuana for household useand several other states have reduced the penalties for marijuana possession to fines similar to traffic Inelasticity of demand is greatest in the case of tickets. In one of these states, Maine, a $300,000 tobacco, because nicotine is one of the most high- a-year outlay on law enforcement was converted ly addicting substances. Nevertheless, it is clear to a $20,000 gain for the state treasury with no that even here raising the price by taxes has con- increase in marijuana use. siderable effect on consumption. Research sug- Many might agree that the harmfulness tax ap- gests that for every 10 percent increase in ciga- proach would work if it were limited to alcohol, rette prices, consumption will decrease about 4 tobacco and cannabis. But what about cocaine? percent. Some studies suggest that the price af- Well, consider the present alternatives. The Bush- fects mainly the decision to start smoking regu- Bennett plan, perhaps because its authors real- larly rather than the quantity smoked by an al- ize that the demand reduction, particularly in ready addicted smoker. Thus the short run impact the inner city, will be difficult to achieve, aims at of extra taxation would be small, and it would eliminating production of cocaine. But the so-call- reduce cigarette smoking only in the long run. ed Andean strategy of interrupting South Ameri- Other studies find that as the average costs of can supplies is bound to fail forsimple reasons of tobacco is raised the income elasticity of demand botany. The assumption seems to be that coca increases, that is, poorer people are more deterred grows only in Peru, Bolivia and Colombia.In real- from cigarette consumption than richer ones. ity, the coca bush will grow in any place where A problem raised by any system of authorized certain conditions are met: an altitude of 1500 to sales is the black market. The tax would have to 6000 feet, continuous high humidity, a uniform be set low enough so that a black market would average temperature of 65 degreesthroughout not be profitable. It is possible to do this and still the year and soil free of limestone. Coca thrives reduce demand for the drug considerably, as the on land that is too poor for other crops.Inthe past case of alcohol seems to show. On the otherhand, it has been grown commercially in Jamaica, Mada- it is not clear whether any tax low enough to pre- gascar, India, Ceylon and especially Java.Even vent a substantial black market would be high if, implausible, the coca bush could be destroyed

Page 48 The Journal of State Government in the Andes, it would soon be blooming again erwise desperate become aware of the dangers of elsewhere, just as the cultivation of opium pop- drugs, they begin to avoid them. The cocaine pies increased in Iran and Afghanistan when it problem is not improving, because it is largely a was curtailed in Far East. Let's hope we don't problem of the inner cities. Conditions there are have to see Amer;n soldiers coming home in worse now than they were when the Kerner Com- body bags before we realize that the Andean mission made its report 20 years ago. Increasing- strategy will never eliminate the supply of drugs. ly, cocaine users are people who feel hopeless, Parenthetically, it is worth noting the absurdi- trapped and alienated, who are able to find only ty of our national self-righteousness with respect miserable jobs at low pay or no job at all. When to Colombian cocaine entrepreneurs. The United these people are exposed to crack cocaine, they States manufactures 600 billion cigarettes a year have three choices: a) they can ignore it; b) they and sends 100 billion overseas. The 500 billion can seek respite by using the drug for a 20 min- cigarettes consumed yearly at home cause 400,000 ute holiday during which they feel good about deaths; by extrapolation, our export trade causes themselves and hopeful about their situation; 80,000 deaths abroadfar more than the num- it is an illusion, but they have nothing better; ber of deaths cocaine produces in this country. c) they can decide to sell crack in hope of getting Furthermore, the Colombian government at least rich and buying the luxury products with which offers no official encouragement to the cocaine our consumer society tantalizes them. This, at traffic, our government subsidizes tobacco culti- least, is not always an illusion; crack provides a vation and cigarette exports with the enthusias- genuine entrepreneurial opportunity for a few. tic support of some of the fiercest congressional The social, psychological and economic pressure anti-drug warriors. Our government has no right moving young people in the inner city toward op- to be morally indignant. tions b and c are enormous. Crack is powerfully attractive to demoralized people in a desperate social situation. Admittedly, the harmfulness tax Cocaine Use Down is not an answer to this problem. But the answer is even less likely to be found in criminal law en- What about cocaine demand? The barrage of forcement, which Bush and Bennett practically drug-war publicity has obscured the fact that the equate with prevention No policy aimed directly number of people using cocaine is declining. The at drugs and drug users can deal with the social reason is that the middle class is giving up the issues that are the true heart of what is loosely, drug, just as it continues to give up the even more inadequately and propagandistically labeled the addictive nicotine. When people who are not oth- "drug problem?'

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26 The Council of State Governments Page 49 Cities Need Money to Fight Drugs by Julio Barreto Jr. and Janet E. Quist

The federal government's refusal to involve municipalities in its drug plan is not only insulting but is hampering efforts to stop drug use in inner cities.

President Bush has stated that the U.S. is win- as $10 billion. How is it we can commit virtually ning the war against casual drug use, but is los- unlimited resources to bail out the savings and ing in the nation's inner cities. loan industry, but not even a net new dollar in- The growing number of people involved in the crease for cities fighting the spread of drugs? How drug trade combined with the enormous profits is it we can make a major federal commitment to have unleashed a wave of violence unprecedented eliminate one drug dealer in Panama, but make in our cities and towns. In Washington D.C., the no such similar commitment in cities and towns homicide rate has tripled in four years and is al- across the country? ready on a record pace for 1990 (New York Times The federal government already has spent in and The Washington Post). In Los Angeles Coun- excess of $20 billion fighting drugs over the last ty, the district attorney predicted 515 slayings by 10 years. Yet only 3 percent of those funds has local gangs in 1989 vs. 212 in 1984. Forty percent reached state and local governments. Addition- of the 138 people killed in Kansas City, Mo., were ally, in spite of the federal government's financial drug related as were 25 percent of the 96 slayings contributions and programs designed to stop the in Columbus, Ohio (New York Times). inbound flow of drugs in the United States, the Despite the president's recognition of the criti- amount of drugs infiltrating our borders has in- cal role cities play in the war on drugs, his strate- creased, while the price for drugs has decreased. gy provides no direct funding for cities, nofederal- The president's commitment to end the war on municipal partnership and no recognition of lo- drugs should, at minimum, equal his commit- cal efforts. ment to save the savings and loan industry. Cities need money to be sent directly to them if the battle against drugs is to be won in our streets. These Funding the War on Drugs funds must be administered as efficiently and quickly as possible to prevent delays. These funds If cities are to fight back against drugs, the fed- also should allow for enough flexibility so that eral government needs to wage a real war based the drug problem in Los Angeles, Chicago, Ever- on a commitment to do whatever ittakes to win. Nearly six months after proposing a $300 billion green Park, Ill., Arlington, Tenn. and Scottsbluff, bailout of the savings and loan industry, the Neb., can be adequately addressed. president released an anti-drug strategy that resulted in a net reduction in federal assistance Federal-municipal Partnerships to cities and no direct federal-municipal relationship. The president's initiative calls for increased There was no discussion of deficit reduction federal, state and local cooperation to curtail this when the president was asked to commit between drug crisis. Yet, despite countless invitations, $160 billion to $300 billion to the savings and Drug Control Policy Director William Bennett loan bailout. Moreover, before the session is over, has not met with local officials to discuss their Congress will be asked to come up with as much problems. Julio Barreto Jr. is a policy analyst and Janet E. Quist is The president's and Bennett's assertion that a !egislative counsel for the National Leagueof Cities in sending funds directly to local governments is not Washington D.C. "the most effective use of federal assistance" is

Page 50 The Journal of State Government an insult to the efforts already undertaken by lo- ments assuming increased responsibilities with cal governments. dwindling resources. Yet with limited revenue op- The overriding argument of the administration tions, local governments are expected to spend and the federal government is that a statewide more on the drug fight. plan is necessary to attack the flow of drugs. The argument is that a statewide strategy cannot be The federal government already has spent in achieved without state control of the funds. excess of $20 billion fighting drugs over the last Yet state plans tend not to reflect the reality of inner cities and often are designed without the 10 years. Yet only 3 percent of those funds has involvement of local officials. This lack of local in- reached state and local governments. volvement, combined with the long and cumber- some process of receiving funds through states, eliminates any role local officials can play in de- Despite limited federal support, cities are tak- veloping an effective anti-drug strategy. ing the lead in fighting back against drugs. For example, in New Orleans senior citizens are en- couraged to talk to young people in their commu- Local Efforts Hindered nity about the dangers of drugs; Grants Pass, Ore., has a number of education programs for stu- The profit potential generated by the drug dents, parents and city personnel; Baltimore trade, fueled by the huge demand for drugs, has passed an ordinance that called for tougher pen- hindered federal efforts to curb the flow of drugs alties for dealing drugs near schools; Covington, into this country. According to the Congression- Ky., passed an ordinance certifying the city as al Research Service, Americans spend more than a drug free workplace; the Berkley Library in $50 billion a year on drugs, four-fifths of which Berkley, Mich., is helping local residents become originate on foreign soil. more aware of drug problems and how to combat CRS estimates that in 1985, cocaine, heroin illegal drugs; and, in Addison, Ill., a fifth grade and marijuana worth $1.6 billion outside the class signed a pledge sheet saying they will stay United States increased in value to $10 billion at away from drugs. U.S. points of entry and returned $51 billion on As a show of how local governments are in- the street. Where cocaine was once the drug of volved in the fight against drugs, the National choice for the well-to-do, the emergence of crack League of Cities' Cities Fight Back Against has created new opportunities for individuals Drugs Week Dec. 3-9, 1989, resulted in more than previously excluded from the cocaine trade. 250 cities nationwide passing anti-drug resolu- Combating this drug trade is an expensive en- tions and proclamations. deavor for cities. According to the United States Conference of Mayors' Police Policy Board, local Fight the Problem governments spend $15 billion annually for anti- drug and anti-crime efforts. In 1985, cities and Much of the federal war on drugs is a Band-aid counties spent more than $25 billion on justice for underlying problems. lb the extent the federal activities while states spent less than $15 billion government ignores poverty, says it cannot afford and the federal government less than $6 billion. to fully fund Head Start, underinvests in primary Houston spends approximately 10 percent of its education, low-income health care, and housing, $150 million operating budget on its drug prob- the drug problem in inner cities will only get lems. San Antonio, Thxas is spending $1.8 million worse. For too many young people from broken, in local dollars on anti-drug efforts. poor families, drugs offer the only way to what we Trading off of scarce federal resources from were all raised to understand was fae American critical domestic programs to fund the war on way that any child born anywhere can make drugs, as proposed in the president's initiative, it to the top. severely limits alternatives that can be offered to If the president is serious, then he must make those lured into the drug trade. a long term commitment to a federal-urban part- Additionally, cuts in domestic programs over nership that proclaims war on the causes of drugs the last 10 years have resulted in local govern- not the symptoms.

The Council of State Governments Page 51 States Must LeadLocal Efforts

by Donald L Reisig and Richard J. Liles

Only by using a common strategy can states andlocal governments make America drug free.

The drug crisis confronting our nationwith is, of course, currently being vocally enunciated all of its debate and controversyis far too im- in relation to the Anti-Drug Abuse Act of 1988. portant to fall victim to regionalism or provin- There clearly exists a continuing need for coor- cialism. dination of a comprehensive strategy directed at We must, as a nation, take on a renewed deter- substance abuse and drugs. The federal govern- mination to eradicate the demand for drugs. This ment, states, cities, counties, villages and town- is not e fight that we can leave to some Peruvian ships must work together to promote anti-drug policeman or Colombian judge. The battle against policies and programs, that emphasize mutual drugs will not be won in the cocoa fields of the An- interdependence, and work best when there are dean nations or the jungles of Burma. common statewide strategies. The battle must be fought in the streets, offices, The nation's governors have responded to the homes, factories, malls, schools, churches, play- drug crisis by supporting prevention, education grounds, statehouses and city halls in the United and treatment, as well as apprehension, adjudi- States. Only when we, as a people, recognize our cation and incapacitation for drug dealers. A re- responsibilities can we direct our energies to in- cent National Governors' Association survey innovative strategies of demand reduction, commu- dicated that governors in 49 states and territories nity-based prevention and supply interdiction. had designated a single state agency or individu- A comprehensive drug war will not be won on al with responsibility for developing and coor- a single front. The battle must befought at every dinating state drug abuse strategies. The nation's level of governmentfederal, state and local governors have made a clear demonstrationof and every community and citizen must become they commitment to strong state programs. They involved. A comprehensive strategy must address recognize that successful anti-drug programs de- prevention, education, treatment, early interdic- pend upon coordinated state strategies that are tion and law enforcement. comprehensive and unimpeded by jurisdictional But, such strategies are not easy to implement. limitations, and that permit state and federal The moment federal funds are allocated as part funds to be used for effective and accountable of a national initiative, the age-old arguments for programs. local control are voiced. Representatives of municipalities bring forth the traditional arguments Michigan Coordinates Efforts for a "direct pipeline" of funding that would by- pass "state bureaucracies" and allowthose on the Michigan Gov. James J. Blanchard created the "front line" to accept funds and implement pro- Office of Drug Agencies to ensure comprehensive grams. The proposition that local governments planning and coordination of anti-drug activities. are better equipped to receiveand administer fed- Coordination is the key to a multi-faceted, suc- eral program funds surfaces in debate each time cessful anti-drug initiative involving federal, a new federal assistance program iscreated, and state and local programs, personnel and financial resources. Donald L. Reisig is the Michigan director of drug agen- The need for collaborative statewide efforts is cies. He has served as a prosecutor, circuit court judge evidenced by a recent study of anti-drug efforts and most recently as an attorney in private practice and president of the State Bar of Michigan. Dr. Richard ]. Liles within Michigan. Michigan's survey indicated is the Michigan staff director of the Governor's Partners that the total estimated dollar expenditure for Against Crime. 1.989 for direct and indirect substance abuse costs

52 The Journal of State Government 2,9 exceeded $250 million. Of the 19 principal state From Courts to Treatment departments and agencies included in the survey, only four reported no direct expenditures related Courts and corrections are important to drug to substance abuse. These figures reflect only strategies, further demonstrating the need for state expenses and not those of counties, cities, statewide coordination and planning. In a recent villages and townships. The survey could not ef- New York Times article, Nolan Jones of the Na- fectively compile many indirect expenses, such as tional Governors' Association asked, "What good the costs of substance abuse in the workplace. is it if they use this money to arrest a lot more The failure to implement effective and cost effi- people, but we don't have the prisons to house cient strategies in a timely fashion can be costly them?" In most jurisdictions, the judiciary and in terms of dollars and human potential. At the penal system are a primary responsibility of the same time, duplicative unevaluated drug pro- state. A cogent statewide strategy can address grams can be costly and unproductive. Coordinat- major criminal justice concerns that extend be- ed and cooperative drug strategies, however, can yond local considerations. Sufficient prison ca- be cost efficient. Few communities have the re- pacity, efficient court administration, quality al- sources or programs to "go it alone" in providing ternatives to incarceration, adequate treatment the human resources needed to combat drug facilities and properly trained personnel affect all abuse. Collaboration between state and local communities. Comprehensive strategies can help agencies on anti-drug programs can make a last- the criminal justice system provide effective en- ing impact on substance abuse. forcement and support services to local communities.

No Boundaries for Drug Dealers Coordinated and cooperative drug strategies, Coordinated strategies are particularly impor- however, can be cost efficient. Few communities tant in law enforcement. Most criminal drug en- have the resources or programs to "go it alone" terprises are not based within the discreet juris- in providing the human resources needed to dictional boundaries established for the purpose combat drug abuse. Collaboration between state of governance. An uncoordinated local response is likely to take only a small bite out of a much and local agencies on anti-drug programs can larger problem. Drug dealers are mobile; they make a lasting impact on substance abuse. can quickly move their operations from place to place to avoid detection or increase "marketing" opportunities. Coordinated law enforcement re- To focus only on the criminal justice system is sponses have interdicted large multi-jurisdiction- a mistake. A comprehensive anti-drug program al drug enterpriseswhich could not be dealt involves not only police, courts and corrections, with by a single city police agency. but also substance abuse treatment, social services, school and educational programs and com- The Michigan Drug Strategy stresses collab- munity prevention activities. A drug strategy orative efforts through 23 multi jurisdictional co- must be comprehensive. operative teams made up of state troopers, county Joseph Califano, former secretary of Health, sheriffs and municipal police officers. Statewide Education and Welfare, recently said, "Mounting coverage, even in rural areas, is accomplished by a serious attack on addiction will be costly and this strategy. The teams share the informational frustrating. We will make plenty of -mistakes. But resources of participating law enforcement agen- fear of failure should not lead us to the despair cies. Much more can be accomplished with fewer of legalization. What we should fear above all is dollars than with a strategy of separate funding the judgment of God and history if we, the most for each of the more than 600 organized police/ affluent people on earth, free to act as we choose, sheriff departments in the state. choose not even to try!" In a 1984 critique of the federal "war on crime" Public drug treatment programs are primarily of the previous decade, John Hudzik of Michigan funded by states, supplemented by federal Alco- State University's School of Criminal Justice hol, Drug Abuse and Mental Health Administra- suggested that successful law enforcement de- tion block grants. In allocating such scarce re- pended upon coordination, cooperation and col- sources, a comprehensive state plan is needed for laboration among law enforcement and other treatment services. An inclusive approach en- governmental agencies. For a productive anti- sures timely and efficient services and permits drug effort, cooperation and coordination are es- programs targeted to specific needs regardless of sential between sometimes competing law en- where people live. Crack, cocaine, IV drug use forcement agencies. Close collaboration among and pregnant crack addicts are not indigenous to those in drug prevention, treatment and law en- limited geographical areas. Most intervention forcement is needed. and treatment programs are funded by states.

The Council of State Governments 53 nu) Prevention and education also require a com- and cultural heritages, and unique forms of gov- mon strategy. Though most states permitcurricu- ernment and methods of delivering human ser- lum autonomy to local school districts, they pre- vices. The town meetings of New England may scribe fundamental educational programs and have little in common with complex governmen- supplement local expenditures. Drug education tal institutions in metropolitan areas. Still, state on an ad-hoc community by community,school government remains the primary unit for deliver- district by school district basis is simply not an ing fundamental human services and for provid- optimum use of resources. Michigan provides ing law and justice to all. drug education as part of its statewide health cur- Neither the federal constitution, nor the state riculum. If the limited federal funds for education constitutions, recognize "per se" the "city state" had been allocated directly to local school dis- conceptan autonomous megalopolis capableof self-sustaining and independent existence. This tricts, it would have 1,een impossible to develop does not mean that the "home-rule" status of the statewide model or efficiently implement it. municipalities should not be recognized and en- couraged. Nor does it mean state drug programs An uncoordinated local response islikely to take should not consider the discreet needs of local only a small bite out of a much larger problem. government. The states are duty bound to fairly Drug dealers are mobile; they can quickly move allocate and quickly use federal funds which may become available. The primary responsibility, their operations from place to place to avoid however, for development of effective and efficient detection or increase "marketing" opportunities. strategies remains with state government. This requires recognizing legitimate concerns of local government and implementing coordinated com- The states are in the unique position of help- prehensive programs that meet the needs of citi- ing to guide and assist local governments. Michi- zens of the entire state. gan uses police officers to teach preventionin In fighting substance abuse, our common goal schools through Drug Abuse Resistance Educa- is to end the destructive and corruptive influ- tion or DARE. The state police have trained 131 ences of drugs and alcohol upon thehealth and local law enforcement officers as DARE instruc- lives of our citizens. Attitudes are beginning to tors. Last year more than 30,000 fifth and sixth change. By working together and by developing grade children were provided drug abuse resis- common strategies and goals at the federal, state tance education. The programs are conducted and local levels of government, we will not fail in through local police departments and schools, our efforts to create a drug-freeAmerica. and coordinated by the Michigan State Police. The governor's 1990 drug strategy calls for increasing state training resources and providing References incentives for more communities to participate. Blanchard, James. 1990. Building the Future, Blanchard's 1990 drug initiative also includes Governor's report to the people and the legisla- a program to aid neighborhoods.Community Offi- cers Patrolling Streets (CGPS) is fundedthrough ture. Lansing: Governor's Office. a cooperative effort involvingthe state Depart- Califano, Joseph. Dec. 8, 1989. "Drug War: ment of Commerce, the offices of Criminal Jus- Fools Errand #3." New York Times. tice and Drug Agencies, and the Michigan Neigh- "Drug War Funds Arouse a Conflict." Nov. 12, borhood Builders Alliance. State agencies, neigh- 1989. New York Times. borhood groups and local police will cooperate in Hudzik, John. 1984. Federal Aid to Criminal a collaborative and comprehensive programto rid Justice. Washington D.C.: National Criminal streets of drug dealers, combat crime, and re- Justice Association. awaken deteriorating neighborhoods. Neither National Governors' Association. 1989. Drug Michigan's DARE program or COPS initiative Abuse and Trafficking: States Meeting the Chal- could have been developed or implemented with- lenge. Washington D.C.: NGA. out a statewide coordinated effort. Office of Criminal Justice. 1990. State of Michi- We are a nation of diverse and heterogeneous gan Drug Strategy. Lansing: Officeof Criminal people. We have different ethnic, religious, racial Justice.

54 The Journal of State Government tate nnovators aveisfion The book of the States'-Vill tell you what else they have di co171177011. The 28th editiott`'o1JLrs ,slomething-new...V22:-page motile on state intim ators,t he leadcis behind sulk policies aud progiams,You'll-learn about their baelquounds, %\ here he1\01k, whit 1110lIkak.'s and \\ ho the turn to for suppol t

The Book of the States is the Brest comprehensi :e..reference ,i;utue' available O11 state ,fioverninent. .Y61111 al (1 find a \\ Cali 11 01 111101111,111011 1111,I\ ,111,1111t! r. twin any Othyr-s,inglk! soutce, mcludin;2`.. -* I...ig-Hattarfles that take !,oli thiough the ytep-hsicp prO4.s of State initiatt relqenclum arid * General information on state Constitutions includi.ng amendments, and le\ - comparati."e. data on governors, judge-s ;lull eollrt,,ta\aLion. elections, re\ elutes and nil d 'norc.; ,C" few! of searcluw; tor data from dozcns .01 soarces, relv on The Book of the States. -At 542.50:* the one source o1 comprehensbCe slaw governmenv Inlormat you can' (Mord . lie without,-

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