One cannot overcome a drug conviction
date: 17-October-2004
source : THE BLOOMINGTON ALTERNATIVE
country: UNITED STATES
keyword: DEMONIZATION , DRUG POLICY , POLICE , POLICE ABUSE
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editorial comment
Better lucky than clean!
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What do the following public figures have in common? William Jefferson Clinton, George W. Bush, Joe Kernan, Mitch Daniels, Al Gore, Rush Limbaugh. Answer: They have all used illicit drugs or been addicted to licit drugs.
In a recent debate here in Indiana, Governor Kernan mentioned his youthful use. Mitch Daniels has been dodging issues related to a drug law arrest many years ago. The only other candidate for governor in Indiana, Kenn Gividen, has never use alcohol or illicit drugs. Kernan and Daniels' use was passed off to youthful indiscretions, of no current importance.
However, that brushes aside a quite serious problem, not only here in Indiana, but the entire country, namely what really happens today to those arrested on drug law violations. Laws addressing drug law violations result in multiple punishments for even minor infractions.
Dorothy Gaines from Mobile, Alabama, lived with a man addicted to cocaine. His supplier was busted, snitched on Dorothy’s mate, who in turn snitched on her. In both cases the snitches were in order to receive lighter sentencing. Dorothy had no one on whom to snitch, but more significantly did not use, deal or condone drug use. Yet, on the basis of this other testimony, she was convicted and sentenced to 19 years in federal jail in Tallahassee, Florida. Her three children were cast aside to live with incompetent relatives.
After serving seven years, her sentence was commuted (no pardon) by President Clinton. She was technically free. However, she is unable to gain employment, cannot receive public assistance, does not qualify for an educational loan, and in fact cannot even visit her own relatives who live in public housing. She told me she is in some ways more of a prisoner today than while incarcerated.
I do not use or condone alcohol, tobacco or drug use, but do subscribe to the Libertarian philosophy that drug use is an individual decision and of no interest to the ‘state.” Furthermore, it should only be regulated as are alcohol and tobacco, which cause much more devastation to the general health of the public and many more deaths that illicit drug use.
Current policies regarding drug and alcohol (ab)use in America are generally fault and punishment based. While it might be attractive for a public official to sound “tough on crime,” this approach does not reduce substance/alcohol use, improve or save lives.
It is time to ask our civic leaders: What are our goals regarding drug use in America? What are the scientific facts regarding prevention and harm reduction? How do these facts compare in outcomes to fault based penal ‘solutions’?
Do we want less drug use, or more people punished for drug use? What are the corollaries between alcohol prohibition of the 1930’s and drug prohibition of today? Why did it take a constitutional amendment to make alcohol illegal, but not the currently illicit drugs?
What civil liberties do we surrender in the name of the war on drugs? What is the true economic cost of the war on drugs? What are the experiences in other countries with limited legalization, maintenance therapy and safe injection rooms?
Why do we prohibit clean needle exchanges, one of the leading reasons America is one of the few industrial countries in the world with a continually rising HIV infection rate (due to injection drug use)?
Marijuana has proven medical benefits, has been authorized for use in nine states, so why does the US Justice Department still seriously persecute, prosecute, and incarcerate medical marijuana users and providers? For that matter why is marijuana still a Schedule I drug?
One of my favorite quotes is from Jack Locke, founder of LEAP (Law Enforcement Against Prohibition): “One can overcome a drug addiction but not a drug conviction!”
Clark Brittain is a Bloomington obstetrician.
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