editorial comment paraphernalia is officially impressed. The first sensible editorial published by the Journal since 9/11........

BY GEORGE MELLOAN
Sunday, February 26, 2006 12:01 a.m. EST

Economist Milton Friedman predicted in Newsweek nearly 34 years ago that Richard Nixon's ambitious "global war against drugs" would be a failure. Much evidence today suggests that he was right. But the war rages on with little mainstream challenge of its basic weapon, prohibition.

To be sure, Mr. Friedman wasn't the only critic. William Buckley's National Review declared a decade ago that the U.S. had "lost" the drug war, bolstering its case with testimony from the likes of Joseph D. McNamara, a former police chief in Kansas City, Mo., and San Jose, Calif. But today discussion of the war's depressing cost-benefit ratio is being mainly conducted in the blogosphere, where the tone is predominantly libertarian. In the broader polity, support for the great Nixon crusade remains sufficiently strong to discourage effective counterattacks.

In broaching this subject, I offer the usual disclaimer. One beer before dinner is sufficient to my mind-bending needs. I've never sampled any of the no-no stuff and have no desire to do so. So let's proceed to discuss this emotion-laden issue as objectively as possible.

The drug war has become costly, with some $50 billion in direct outlays by all levels of government, and much higher indirect costs, such as the expanded prison system to house half a million drug-law offenders and the burdens on the court system. Civil rights sometimes are infringed. One sharply rising expense is for efforts to interdict illegal drug shipments into the U.S., which is budgeted at $1.4 billion this fiscal year, up 41% from two years ago.

That reflects government's tendency to throw more money at a program that isn't working. Not only have the various efforts not stopped the flow but they have begun to create friction with countries the U.S. would prefer to have as friends.

As the Journal's Mary O'Grady has written, a good case can be made that U.S.-sponsored efforts to eradicate coca crops in Latin America are winning converts among Latin peasants to the anti-American causes of Cuba's Fidel Castro and Venezuela's Hugo Chavez. Their friend Evo Morales was just elected president of Bolivia mainly by the peasant following he won by opposing a U.S.-backed coca-eradication program. Colombia's huge cocaine business still thrives despite U.S. combative efforts, supporting, among others, leftist guerrillas.

More seriously, Mexico is being destabilized by drug gangs warring over access to the lucrative U.S. market. A wave of killings of officials and journalists in places like Nuevo Laredo and Acapulco is reminiscent of the 1930s Prohibition-era crime waves in Al Capone's Chicago and the Purple Gang's Detroit. In Afghanistan, al Qaeda and the Taliban are proselytizing opium-poppy growers by saying that the U.S. is their enemy. The claim, unlike many they use, has the merit of being true.

Milton Friedman saw the problem. To the extent that authorities curtail supplies of marijuana, cocaine and heroin coming into the rich U.S. market, the retail price of these substances goes up, making the trade immensely profitable--tax-free, of course. The more the U.S. spends on interdiction, the more incentive it creates for taking the risk of running drugs.
In 1933, the U.S. finally gave up on the 13-year prohibition of alcohol--a drug that is by some measures more intoxicating and dangerous to health than marijuana. That effort to alter human behavior left a legacy of corruption, criminality, and deaths and blindness from the drinking of bad booze. America's use of alcohol went up after repeal but no serious person today suggests a repeat of the alcohol experiment. Yet prohibition is still being attempted, at great expense, for the small portion of the population--perhaps little more than 5%--who habitually use proscribed drugs.

Mind-altering drugs do of course cause problems. Their use contributes to crime, automobile accidents, work-force dropouts and family breakups. But the most common contributor to these social problems is not the illegal substances. It is alcohol. Society copes by punishing drunken misbehavior, offering rehabilitation programs and warning youths of the dangers. Most Americans drink moderately, however, creating no problems either for themselves or society.

Education can be an antidote for self-abuse. When it was finally proved that cigarettes were a health risk, smoking by young people dropped off and many started lecturing their parents about that bad habit. LSD came and then went after its dangers became evident. Heroin's addictive and debilitative powers are well-known enough to limit its use to a small population. Private educational programs about the risks of drug abuse have spread throughout the country with good effect.

Some doctors argue that the use of some drugs is too limited. Marijuana can help control nausea after chemotherapy, relieve multiple-sclerosis pain and help patients whose appetites have been lowered to a danger level by AIDS. Morphine, some say, is used too sparingly for easing the terrible pain of terminally ill cancer patients. It is argued that pot and cocaine use by inner-city youths is a self-prescribed medicine for the depression and despair that haunts their existence. Doctors prescribe Prozac for the same problems of the middle class.

So what's the alternative? An army of government employees now makes a living from the drug laws and has a rather conflictive interest in claiming both that the drug laws are working and that more money is needed. The challenge is issued: Do you favor legalization? In fact, most drugs are legal, including alcohol, tobacco and coffee and the great array of modern, life-saving drugs administered by doctors. To be precise, the question should be do you favor legalization or decriminalization of the sale and use of marijuana, cocaine, heroin and methamphetamines?
A large percentage of Americans will probably say no, mainly because they are law-abiding people who maintain high moral and ethical standards and don't want to surrender to a small minority that flouts the laws, whether in the ghettos of Washington D.C. or Beverly Hills salons. The concern about damaging society's fabric is legitimate. But another question needs to be asked: Is that fabric being damaged now?

Mr. Melloan is deputy editor, international of The Wall Street Journal's editorial page.

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