LAW REFORM STRANGE BEDFELLOWS As Mark Twain’s mate and fellow writer Charles Warner observed, ‘politics makes for strange bedfellows’ – and none stranger than in the world of drug law reform. By Marcus Roberts As Peter Hitchens and Kathy Gyngell backs for many years. It is this that has of drug law reform. For example, The lined up to give evidence to the Home failed, not prohibition’. Observer has devoted two editorials to Affairs Select Committee (HASC) Meanwhile, the ‘lobby that never the topic in the past six months alone. inquiry on drug policy on 24 April, the sleeps’ would appear to have progressive, The most recent, on 8 April, followed battle-lines seemed to be assuming left liberal credentials. The HASC an interview with President Santos a customary form. Liberalisation of inquiry has been heavily influenced by a of Colombia in which he called for a drug laws is widely assumed to be report from the ‘Global Commission for review of global policy in the light of the a progressive left(ish) cause that is Drugs’ (June 2011), which called for an devastating impact of current policy in opposed by right wingers. So we are alternative approach to the ‘failed war Latin America. The Observer urged Barack accustomed to hearing the arch-social on drugs’. Signatories included some Obama, ‘to embrace a wide-ranging conservative and Daily Mail columnist of the world’s leading human rights discussion to include a range of options Peter Hitchens expressing the view campaigners – for example, KofiA nnan which would then be investigated in an that, far from being time to end a failed (former UN Secretary General), Asma evidence based approach’. An earlier ‘war on drugs’, it is time to begin one Jahangir (former UN Special Rapporteur) editorial (13 November 2011) asked ‘must (properly), and it is no surprise when and Ruth Dreifuss (former President of we rely on big business not our leaders to Kathy Gyngell sends out a chilling Switzerland). This report was followed pave the way when it comes to tackling warning to Daily Mail readers that by a pro-reform event in the House of a narcotics industry that is ravaging the ‘pro-drug lobby never sleeps’, Lords in November 2011. One of the Latin America?’, concluding that ‘Milton expressing her concern that arguments only attendees from the Commons was Friedman was right, 20 years ago, when for decriminalisation are even being Caroline Lucas MP (Brighton Pavilion), he said: “if you look at the drug war from considered by a parliamentary pictured above, who is the first Green to a purely economic point of view, the role committee. The Spectator – an impeccably sit in the British parliament. of government is to protect the drug rightist magazine – provided a clear In the media, while the Daily Mail cartel. That is literally true’. statement of this anti-reform position provides a platform for drug policy This prompts three reflections that in its editorial on 3 March (‘Bad Habits’) conservatives and its own Melanie blur the borders in our mapping of the declaring that ‘a policy of partial Phillips, the chief organs of the liberal ideological and political underpinnings legalisation has been pursued behind our press are increasingly vocal champions of drug law reform. 18 | DRUGLINK MAY/JUNE 2012 First, it highlights the extent to which motivates his interest in drug policy the Drugs Policy Alliance, which supports recent debate has been provoked and it does not appear to be a particularly law refrom. shaped by calls from senior politicians detailed engagement with current More recently, advocacy of drug law from Latin America for a debate on policy contexts. He admitted he had not reform has emerged as an important the ‘war on drugs’, in the light of its looked at the UK Drug Strategy prior theme for libertarians within the US appalling impact in their countries, to appearing to give evidence. This is Tea Party, such as Ron Paul, pictured including murderous drug cartels, not to suggest that drug law reformers left, a Republican member of the House civic corruption and environmental from business or finance backgrounds of Representatives from Texas, who devastation. But we shouldn’t assume are driven in a direct way by business recently commented that ‘someday that the sort of law reforms that are interest, but only that their engagement we’re gonna awake and find out that the sought by reformers in consumer may reflect perceptions, principles and prohibition we are following right now countries will necessarily be of any help priorities that are distinct from those of with drugs is no more successful, may be in addressing the problems of producers other reformers – for example, they may a lot less successful, that the prohibition – for example, decriminalising cannabis be particularly influenced by the fact of alcohol was in the twenties’. An would be largely irrelevant to Latin that drug prohibition is exceptional, and article by Harvard economist Jeffrey America, decriminalising cocaine could may appear anomalous, from the point Miron (himself a libertarian advocate of make things worse. Nice people may take of view of free-market and consumer drug legalisation) on the ‘Tea Party and drugs, but nobody with a concern for the capitalism. the drug war’ concluded that this is an plight of Latin America should be using issue that divides social conservatives cocaine. Similar issues were explored IF YOU LOOK AT THE DRUG from libertarians within the Tea Party. by Ed Vulliamy in The Observer on 24 He concluded that ‘if the Tea-Party July 2011. Speaking of his experiences at WAR FROM A PURELY believes in its principles, it must choose Cuidad Juarez on the US-Mexico border ECONOMIC POINT OF VIEW, a libertarian path on drug prohibition’. ‘where drugs are legal for personal use As Peter Hitchens and Kathy Gyngell and easier to obtain than soft drinks’, he THE ROLE OF GOVERNMENT played out their accustomed roles in says that he developed a problem with IS TO PROTECT THE DRUG the UK debate about drug law reform the current lexicon for talking about in their evidence to the Home Affairs drug issues in countries like the UK, with CARTEL (FRIEDMAN) Select Committee, they helped to set the the stress on ‘recreation’, rather than ‘left’/’right’ compass for drug policy in ‘despair and desperation’. ‘This view of And this brings us, thirdly, to The a familiar and cognitively soothing way. drugs as stimulating entertainment may Observer reference to Milton Friedman, Scratch below the surface of the current hold true of Camden Lock in London the free market economist who advised lobby for drug law reform, however, and the capital’s West End clubs’, he Reagan and inspired Thatcherism. and one finds a curious and unstable concluded, ‘but not of São Paulo or even Friedman spoke at a drug policy political and ideological eco-system. the valleys of south Wales, let alone the reform conference in Washington in There will be those who will see this as a US-Mexican border’. 1991, declaring that ‘the war on drugs coalition of those who ‘get it’; whatever Second, the near catastrophic is a failure because it is a socialist their political divisions the liberal left losses of Britain’s economy to currency enterprise’. He concluded with two key and the libertarian right are united by speculation in the early 1990s have points. First, that it was a mistake to the fact that they have followed through proved an unexpected boon for challenge ‘prohibition’ in the name of evidence and argument on drugs to a advocates of drug law reform. It was on alternative forms of state regulation, logical conclusion. It is interesting in this ‘Black Wednesday’ that international nothing short of the free market would context to note that Milton Friedman financier George Soros reputedly do. Second, that ‘we are likely to make argued at that 1991 conference that it netted around a billion dollars, which more progress against drugs if we was a basic intellectual error to consider has helped to fund his philanthropic recognise that repealing drug prohibition drug policy as ‘a special case to be interests in drug law reform (which has is part of the broader problem of discussed in terms of specific issues benefited from the legacy of another cutting down the scope and power of associated with drugs’, when actually it fantastically rich American, John the government and restoring power was about broader political issues, and Paul Getty Jnr). The world of finance to the people … the reason to end particularly the appropriate relationship has distinguished representation on the war on drugs is also the reason to between the state and the market. the Global Drug Policy Commission, end the socialisation of medicine, the Should the reform lobby ever move on notably in the form of Paul Volker, the socialisation of schools and so on down from calling for ‘mature discussion’, (Democratic) former Chairman of the US the list’. In other words, and running ‘impact assessment’ and ‘evidence based Federal Reserve. Another signatory to directly contrary to left liberal opinion, debate’ to detailing specific proposals for the Commission’s report was George P the reason for legalising drugs is also reform, it is likely that these repressed Shultz, who served as Ronald Reagan’s a reason for withdrawing all public differences will make their way rapidly Secretary of State, and previously as US funding from health, education and to the surface – particularly between Secretary to the Treasury in the Nixon so on and leaving them entirely in the those who want reform but favour close administration. hands of the private sector and the state control and regulation and those And, of course, the HASC inquiry free market.