How America Lost the War on Drugs

"If you had asked me at the outset," Everingham says, "my guess would have been that the best use of taxpayer money was in the source countries in South America" — that it would be possible to stop cocaine before it reached the U.S. But what the study found surprised her. Overseas military efforts were the least effective way to decrease drug use, and imprisoning addicts was prohibitively expensive. The only cost-effective way to put a dent in the market, it turned out, was drug treatment. "It's not a magic bullet," says Reuter, the RAND scholar who helped supervise the study, "but it works." The study ultimately ushered RAND, this vaguely creepy Cold War relic, into a position as the permanent, pragmatic left wing of American drug policy, the most consistent force for innovating and reinventing our national conception of the War on Drugs.

When Everingham's team looked more closely at drug treatment, they found that thirteen percent of hardcore cocaine users who receive help substantially reduced their use or kicked the habit completely. They also found that a larger and larger portion of illegal drugs in the U.S. were being used by a comparatively small group of hardcore addicts. There was, the study concluded, a fundamental imbalance: The crack epidemic was basically a domestic problem, but we had been fighting it more aggressively overseas. "What we began to realize," says Jonathan Caulkins, a professor at Carnegie Mellon University who studied drug policy for RAND, "was that even if you only get a percentage of this small group of heavy drug users to abstain forever, it's still a really great deal."

Thirteen years later, the study remains the gold standard on drug policy. "It's still the consensus recommendation supplied by the scholarship," says Reuter. "Yet as well as it's stood up, it's never really been tried."

To Brown, RAND's conclusions seemed exactly right. "I saw how little we were doing to help addicts, and I thought, 'This is crazy,'" he recalls. "'This is how we should be breaking the cycle of addiction and crime, and we're just doing nothing.'"

The federal budget that Brown's office submitted in 1994 remains a kind of fetish object for certain liberals in the field, the moment when their own ideas came close to making it into law. The budget sought to cut overseas interdiction, beef up community policing, funnel low-level drug criminals into treatment programs instead of prison, and devote $355 million to treating hardcore addicts, the drug users responsible for much of the illegal-drug market and most of the crime associated with it. White House political handlers, wary of appearing soft on crime, were skeptical of even this limited commitment, but Brown persuaded the president to offer his support, and the plan stayed.

Still, the politics of the issue were difficult. Convincing Congress to dramatically alter the direction of America's drug war required a brilliant sales job. "And Lee Brown," says Bergman, his former legislative liaison, "was not an effective salesman." With a kind of loving earnestness, the drug czar arranged tours of treatment centers for congressmen to show them the kinds of programs whose funding his bill would increase. Few legislators came. Most politicians were skeptical about such a radical departure from the mainstream consensus on crime. Congress rewrote the budget, slashing the $355 million for treatment programs by more than eighty percent. "There were too many of us who had a strong law-and-order focus," says Sen. Chuck Grassley, a Republican who opposed the reform bill and serves as co-chair of the Senate's drug-policy caucus.

For some veteran drug warriors, Brown's tenure as drug czar still lingers as the last moment when federal drug policy really made sense. "Lee Brown came the closest of anyone to really getting it," says Carnevale, the longtime budget director of the drug-control office. "But the bottom line was, the drug issue and Lee Brown were largely ignored by the Clinton administration." When Brown tried to repeat his treatment-centered initiative in 1995, it was poorly timed: Newt Gingrich and the Republicans had seized control of the House after portraying Clinton as soft on crime. The authority to oversee the War on Drugs passed from Rep. John Conyers, the Detroit liberal, to a retired wrestling coach from Illinois who was tired of drugs in the schools — a rising Republican star named Dennis Hastert. Reeling from the defeat at the polls, Clinton decided to give up on drug reform and get tough on crime. "The feeling was that the drug czar's office was one of the weak areas when it came to the administration's efforts to confront crime," recalls Leon Panetta, then Clinton's chief of staff.

4. THE YOUNG GUNS

The administration was not doing much better in its efforts to stop the flow of drugs at the source. Before Clinton had even taken office, Cañas — who headed drug policy at the National Security Council — had been summoned to brief the new president's choice for national security adviser, Anthony Lake, on the nation's narcotics policy in Latin America. "I figured, what the hell, I'm going back to DEA anyway, I'll tell him what I really think," Cañas recalls.

The Bush administration, he told Lake, had been sending the military after the wrong target. In the 1970s, drugs were run up to the United States through the Caribbean by a bunch of "swashbuckling entrepreneurs" with small planes — "guys who wouldn't have looked out of place at a Jimmy Buffett concert." In 1989, in the nationwide panic over crack, Defense Secretary Dick Cheney had managed to secure a budget of $450 million to chase these Caribbean smugglers. (Years later, when a longtime drug official asked Defense Secretary Donald Rumsfeld why Cheney had pushed the program, Rumsfeld grinned and said, "Cheney thought he was running for president.") The U.S. military loved the new mission, because it gave them a reason to ask for more equipment in the wake of the Cold War. And the Bush White House loved the idea of sending the military after the drug traffickers for its symbolism and swagger and the way it proved that the administration was taking drugs seriously.

The problem, Cañas told Lake, was that the cocaine traffic had professionalized and was now moving its product through Mexico. With Caribbean smugglers out of the game, the military program no longer made sense. The new national security adviser grinned at Cañas, pleased. "That's what we think as well," Lake said. "How would you like to stay on and help make that happen?"

Taking a new approach, the Clinton administration shifted most military assets out of the Caribbean and into the Andes, where the coca leaf was being grown and processed. "Our idea was, Stop messing around in the transit countries and go to the source," Cañas tells me. The administration spent millions of extra dollars to equip police in Bolivia and Colombia to bust the crop's growers and processors. The cops were not polite — Human Rights Watch condemned the murders of?Bolivian farmers, blaming "the heavy hand of U.S. drug enforcement" — but they were effective, and by 1996, coca production in Bolivia had begun a dramatic decline.

After Escobar fell, the American drug agents who had been chasing him did not expect the cocaine industry to dry up overnight — they had girded for the fallout from the drug lord's death. What they had not expected was the ways in which the unintended consequences of his downfall would permanently change the drug traffic. "What ended up happening — and maybe we should have predicted this would happen — was that the whole structure shattered into these smaller groups," says Coleman, the veteran DEA agent. "You suddenly had all these new guys controlling a small aspect of the traffic."

Among them was a hired gun known as Don Berna, who had served as a bodyguard for Escobar. Double-crossed by his boss, Berna broke with the Medellín cartel and struck out on his own. For him, the disruption caused by the new front in America's drug war presented a business opportunity. But with the DEA's shift from the Caribbean into Bolivia and Colombia, Berna and other new traffickers had a production problem. So some of the "microcartels," as they became known, decided to move their operations someplace where they could control it: They opened negotiations with the FARC, a down-at-the-heels rebel army based in the jungles of Colombia. In return for cash, the FARC agreed to put coca production under its protection and keep the Colombian army away from the coca crop.

Berna and the younger kingpins also had a transportation problem: Mexican traffickers, who had been paid a set fee by the cartels to smuggle product across the U.S. border, wanted a larger piece of the business. The Mexican upstarts had a certain economic logic on their side. A kilo of cocaine produced in Colombia is worth about $2,500. In Mexico, a kilo gets $5,000. But smuggle that kilo across the border and the price goes up to $17,500. "What the Mexican groups started saying was, 'Why are we working for these guys? Why don't we just buy it from the Colombians directly and keep the profits ourselves?' " says Tony Ayala, a retired DEA agent and former Mexico country attache.