How America Lost the War on Drugs

It is only in retrospect that these moments - the barrels of ephedrine seized in Dallas, the quiet suggestion that meth had worked its way into the cocaine supply chain - take on a looming character, the historic weight of a change made manifest. Up until methamphetamine, the War on Drugs had targeted three enemies. First there were the hippie drugs - marijuana, LSD - that posed little threat to the general public. Then there was heroin, a horrible drug but one that was largely concentrated in New York City. And, finally, there was crack. What meth proved was that even if the DEA could wipe out every last millionaire cocaine goon in Colombia, burn every coca field in Bolivia and Peru, and build an impenetrable wall along the entire length of the Mexican border - even then, we wouldn't have won the War on Drugs, because there would still be methamphetamine, and after that, something else.

Gene Haislip, who served for years as one of the DEA's top-ranking administrators, believes there was a moment when meth could have been shut down, long before it spiraled into a nationwide epidemic. Haislip, who spent nearly two decades leading a small group at the agency dedicated to chemical control, is his own kind of legend; he is still known around the DEA as the man who beat quaaludes, perhaps the only drug that the U.S. has ever been able to declare total victory over. He did it with gumshoe methodicalness: by identifying every country in the world that produced the drug's active ingredient, a prescription medication called methaqualone, and convincing them to tighten regulations. Haislip believes he was present the moment when the United States lost the war on methamphetamine, way back in 1986, when meth was still a crude biker drug confined to a few valleys in Northern California - a decade before the Mexican drug lords turned it into the most problematic drug in America. "The thing is, methamphetamine should never have gotten to that point," Haislip says. And it never would have, he believes, if it hadn't been for the lobbyists.

Haislip was known around the DEA as precise-minded and verbal. His impulse, in combatting meth, was the same one that had pushed the drug warriors after Escobar: the quixotic faith that if you could just stop the stuff at the source, you could get rid of all the social problems at once. Assembling a coalition of legislators, Haislip convinced them that the small, growing population of speed freaks in Northern California was enough of a concern that Congress should pass a law to regulate the drug's precursor chemicals, ephedrine and pseudoephedrine, legal drugs that were used in cold medicine and produced in fewer than a dozen factories in the world. "We were starting to get reports of hijacking of ephedrine, armed robbery of ephedrine, things that had never happened before," Haislip tells me. "You could see we were on the verge of something if we didn't get a handle on it."

All that was left was to convince the Reagan administration. One day in late 1986, Haislip went to meet with top officials in the Indian Treaty Room, a vast, imposing space in the Eisenhower Executive Office Building: arches, tiled floors, the kind of room designed to house history being made. Haislip noticed several men in suits sitting quietly in the back of the room. They were lobbyists from the pharmaceutical industry, but Haislip didn't pay them much attention. "I wasn't concerned with them," he recalls.

When Haislip launched into his presentation, an official from the Commerce Department cut him off. "Look, you're way ahead of us," the official said. "We don't have anything to suggest or add." Haislip left the meeting thinking he had won: The bill he proposed was submitted to Congress, requiring companies to keep records on the import and sale of ephedrine and pseudoephedrine.

But what Haislip didn't know was that the men in suits had already gone to work to rig the bill in their favor. "Quite frankly," Allan Rexinger, one of the lobbyists present at the meeting later told reporters, "we appealed to a higher authority." The pharmaceutical industry needed pseudoephedrine to make profitable cold medications. The result, to Haislip's dismay, was a new law that monitored sales of ephedrine and pseudoephedrine in bulk powder but created an exemption for selling the chemicals in tablet form - a loophole that protected the pharmaceutical industry's profits.

The law, drug agents say, sparked two changes in the market for illegal meth. First, the supply of ephedrine simply moved overseas: The Mexican cartels, quick to recognize an emerging market, evaded the restrictions by importing powder from China, India and Europe and then smuggling it across the border to the biker groups that had traditionally distributed the drug. "We actually had meetings where we planned for a turf war between the Mexicans and the Hells Angels over methamphetamine," says retired DEA agent Mike Heald, who headed the San Francisco meth task force, "but it turned out they realized they'd make more money by working together." Second, responding to a dramatic uptick in demand from the illegal market, chemical-supply companies began moving huge amounts of ephedrine and pseudoephedrine out to the West Coast in the form of pills, which were then converted into meth. Rather than stemming the tide of meth before it started, the Reagan administration had unwittingly helped accelerate a new epidemic: Between 1992 and 1994, the number of meth addicts entering rehab facilities doubled, and the drug's purity on the street rose by twenty-seven percent.

Haislip resolved to have another go at Congress, but the issue ended up in a dispiriting cycle. The resistance, he says bitterly, "was always coming from the same lobbying group." In 1993, when he persuaded lawmakers to regulate the sale of ephedrine in tablet form, the pharmaceutical industry won an exception for pseudoephedrine. Drug agents began to intercept shipments of pseudoephedrine pills in barrels. Three years later, when lawmakers finally regulated tablets of pseudoephedrine, they created an exception for pills sold in blister packs. "Congress thought there was no way that meth freaks would buy this stuff and pop the pills out of blister packs, one by one," says Heald. "But we're not dealing with normal people - we're dealing with meth freaks. They'll stay up all night picking their toes."

By the time Haislip retired, in 1997, the methamphetamine problem was really two problems. There were the mom-and-pop cooks, who were punching pills out of blister packs and making small batches of drugs for themselves. Then there were the industrial-scale Mexican cartels, which were responsible for eighty percent of the meth in the United States. It took until 2005 for Congress to finally regulate over-the-counter blister packs, which caused the number of labs to plummet. But once again, the Mexican groups were a step ahead of the law. In October 2006, police in Guadalajara arrested an American chemist named Frederick Wells, who had moved to Mexico after losing his job at Idaho State University. An academic troublemaker who drove around campus with signs on the back of his pickup truck raging at the college administration, Wells had allegedly used his university lab to investigate new ways that Mexican traffickers could use completely legal reagents to engineer meth precursors from scratch. "Very complicated numerical modeling," says his academic colleague Jeff Rosentreter. By the time Wells was arrested, the State Department had only just succeeded at pressuring Mexico to restrict the flow of pseudoephedrine, even though Wells had apparently been hard at work for years creating alternatives to that chemical. The lobbying by the pharmaceutical industry, Haislip says, "cost us eight or nine years."

For some in the drug war, it was a lesson that even the most promising efforts to restrict the supply of drugs at the source - those that rely on legal methods to regulate legally produced drugs - remained nearly impossible, outflanked by both drug traffickers and industry lobbyists. The tragedy of the fight against methamphetamine is that it repeated the ways in which the government tried to fight the cocaine problem, and failed - racing from source to source, trying to eliminate a coca field or an ephedrine manufacturer and then racing to the next one. "We used to call it the Pillsbury Doughboy - stick your finger in one part of the problem, and the Doughboy's stomach just pops out somewhere else," says Rand Beers. "The lesson of U.S. drug policy is that this world runs on unintended consequences. No matter how noble your intentions, there's a good chance that in solving one problem, you'll screw something else up."

6. THE GENERAL & THE ADMAN

Within the Clinton White House, the reform effort spearheaded by Lee Brown had created a political dilemma. Republicans, having taken control of Congress in 1994, were attacking the administration for being soft on drugs, and the White House decided that it was time to look tougher. "A lot of people didn't think Brown was a strong leader," Panetta tells me. As senior figures within the administration cast about for a replacement, they started by thinking about who would be the opposite of Brown. "We wanted to get someone who was much stronger, much tougher, and could come across that way symbolically," Panetta says.

During the planning for a possible invasion of Haiti, Panetta and others had discovered a rising star at the Pentagon, a charismatic, bullying four-star general named Barry McCaffrey, who had annoyed many in the Pentagon's establishment. In 1996, halfway into his State of the Union address, Clinton looked up at McCaffrey, a lean, stern-seeming military man in the balcony, and informed the nation that the general would be his next drug czar. "To succeed, he needs a force far larger than he has ever commanded before," Clinton said. "He needs all of us. Every one of us has a role to play on this team." McCaffrey, the bars on his epaulets shimmering, saluted. It was one of the president's biggest applause lines of the night.

For the drug warriors in McCaffrey's office, "the General" was everything the languid, considered, academic Lee Brown had not been. "It was clear from the outset that here was a guy who would take advantage of the bully pulpit and who, unlike Brown, would probably be able to get things done," says Bergman, Brown's former liaison. "One thing that surprised us all was how thoughtful he was - he wasn't a knee-jerk, law-enforcement guy. He understood there needed to be money for treatment. He prided himself on being very sensitive to the racial issues, and he was sensitive to the impact of sentencing laws on African-American men." McCaffrey imported his own staff from the Southern Command - mostly men, all military. They lent the White House's drug operation - previously a slow place - the kinetic energy of a forward operating base. "We went to a twenty-four-hour clock, so we'd schedule meetings for 1500," one longtime staffer recalls. "His people sat down with senior staff and told us what size paper the General wanted his memos on, this kind of report would have green tabs, this would have blue tabs."

The General's genius was for publicity. "He was great at getting visibility," Carnevale says. McCaffrey held grandstanding events everywhere from Mexico to Maine, telling reporters that the decades-long narrative of impending doom around the drug war was out of date - and that if Congress would really dedicate itself to the mission, the country had a winnable fight on its hands. Drug-use numbers were edging downward; even cocaine seemed to be declining in popularity. "We are in an optimistic situation," McCaffrey declared.

For the first time ever, McCaffrey had the drug czar's office develop a strategy for an endgame to the drug war, a plan for finishing the whole thing. The federal government needed to reduce the amount of money it was spending on law enforcement and interdiction. But McCaffrey believed this was only possible once it could guarantee that drug use would continue to decline. "The data suggested very strongly that those who never tried any drugs before they were eighteen were very likely to remain abstinent for their whole lives, but that those who even smoked marijuana when they were teenagers had much worse outcomes," says McCaffrey's deputy Don Vereen. So the General decided to focus the government's attention on keeping kids from trying pot.

The "gateway theory," as it became known, had a natural appeal. Because most people who used hard drugs had also smoked marijuana, and because kids often tried marijuana several years before they started trying harder drugs, it seemed that keeping them off pot might prevent them from ever getting to cocaine and heroin. The only trouble is, the theory is wrong. When McCaffrey's office commissioned the Institute of Medicine to study the idea, researchers concluded that marijuana "does not appear to be a gateway drug." RAND, after examining a decade of data, also found that the gateway theory is "not the best explanation" of the link between marijuana use and hard drugs. But McCaffrey continued to devote more and more of the government's resources to going after kids. "We have already clearly committed ourselves," he declared, "to a number-one focus on youth."

"That decision," Bergman says, "was where you could see McCaffrey begin to lose credibility."

In 1996, less than a year into his term, the new drug czar met Jim Burke, a smooth-talking, silver-haired executive who chaired the Partnership for a Drug-Free America - the advertising organization best known for the slogan "This is your brain on drugs." "Burke personally was very hard to resist," one of his former colleagues tells me. "I've seen him sell many conservative members of Congress and also liberals like Mario Cuomo."

Burke told McCaffrey a simple story. In the late 1980s, he said, the major television networks had voluntarily given airtime to the Partnership to run anti-drug ads aimed at teenagers. The number of teenagers who used drugs - especially marijuana - declined during that period. But in the early 1990s, Burke said, the rise of cable TV cut into the profits of the networks, which became stingier with the time they dedicated to anti-drug advertising. The result, the adman told the General, was that the number of teenagers who used drugs was climbing sharply - to the outrage of Dennis Hastert and other conservative members of Congress. As a clincher, Burke handed McCaffrey a graph that showed the declining amount of airtime dedicated to anti-drug advertising on one axis and the declining perception among teenagers of the risks associated with drugs on the other. "I'm ninety-nine percent sure," one staffer at the Partnership tells me, "that it was that conversation that sold McCaffrey."

The General mobilized his office, lobbying Congress to allocate enough money to put anti-drug advertising on the air whenever teenagers watched television. His staff was skeptical. For all of McCaffrey's conviction and charisma, he didn't have much in the way of facts. "That was all we had - no data, just this one chart - and we had to go and sell Congress," Carnevale recalls. But Congress proved to be a pushover. Conservatives, who held a majority, were thrilled that soft-on-pot liberals in the Clinton administration finally wanted to do something about the drug problem. "At some point, you have to draw a line and say that some things are right and some things are wrong," says Sen. Grassley, explaining his support of the measure. "And using any drugs is just flat-out wrong." To the Partnership's delight, Congress allocated $1 billion to buy network time for anti-drug spots aimed at teenagers.

The General was also starting to make friends beyond the Clinton administration. The drug czar had found a natural ally in Hastert, who had become the GOP's de facto leader on drug policy. The former wrestling coach struck few as charismatic - his joyless and drudging style, his form like settled gelatin - but his experiences in high schools had left him with the feeling that the drug issue, in the words of his longtime aide Bobby Charles, "had become extremely poignant." Hastert wasn't quite Lee Brown; he believed that the prime focus of the drug war should be to increase funding for military operations in Colombia. But he and his staff had grown frustrated with the exclusively punitive character of drug policy and wanted the Republicans to take a more compassionate stance. His staff had studied the RAND reports and largely agreed with their conclusions. "We felt if you didn't get at the nub of the problem, which was prevention and treatment, you weren't going to do any good," says John Bridgeland, a congressional aide who helped coordinate Republican drug policy. Hastert eventually won $450 million to be used, in part, to expand a faith-based program discovered by Bridgeland: Developed by a former evangelical minister, it brought together preachers, parents and drug counselors to fight the problem of "apathy" through "parent training" and "messages from the pulpit."

But with McCaffrey's emphasis on kids came another, almost fanatical focus: going after citizens who used pot for medical purposes. If he was fighting marijuana, the General was going to fight it everywhere, in all its forms. He threatened to have doctors who prescribed pot brought up on federal charges, and dismissed the science behind medical marijuana as a "Cheech and Chong show." In 1997, voters in Oregon introduced an initiative to legalize medical marijuana in the state. "I'll never forget the senior-staff meeting the morning after the Oregon initiative was announced," Bergman says. "McCaffrey was furious. It was like this personal affront to him. He couldn't believe they'd gotten away with it. He wanted to have this research done on the groups behind it and completely trash them in the press." As the General traveled to the initiative states, stumping against medical marijuana, his aides sneered that the initiatives were "all being mostly bankrolled by one man, George Soros," the billionaire investor who favored decriminalizing drugs.

Even for those who shared McCaffrey's philosophy, the theatrics seemed strange: There he was, on evening newscasts, effectively insisting that grandmothers dying of cancer were corrupting America's youth. His office pushed arguments that, at best, stretched the available research: Marijuana is a gateway drug that leads inexorably to the abuse of harder drugs; marijuana is thirty times more potent now than it was a generation ago. "It didn't track with the conclusions our researchers came to," says Bergman. "It felt like he was trying to manipulate the data."

McCaffrey had taken the drug war in a new direction, one that had little obvious connection with preventing drug abuse. For the first time, the full force of the federal government was being brought to bear on patients dying from terminal diseases. Even the General's allies in Congress were appalled. "I can't tell you how many times I went to the Hill with him and sat in on closed-doors meetings," Bergman recalls. "Members said to him, 'What in the world are you doing? We have real drug problems in the country with meth and cocaine. What the hell are you doing with medical marijuana? We get no calls from our constituents about that. Nobody cares about that.' McCaffrey was just mystified by their response, because he truly believed marijuana was a gateway drug. He truly believed in what he was doing."