How America Lost the War on Drugs

After Thirty-Five Years and $500 Billion, Drugs Are as Cheap and Plentiful as Ever: An Anatomy of a Failure.

Ben Wallace-WellsPosted Dec 13, 2007 12:56 PM

"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." 7. THE HARVARD MAN

For the cops on the front lines of the War on Drugs, the federal government's fixation with marijuana was deeply perplexing. As they saw it, the problem wasn't pot but the drug-related violence that accompanied cocaine and other hard drugs. After the crack epidemic in the late 1980s, police commissioners around the country, like Lee Brown in Houston, began adding more officers and developing computer mapping to target neighborhoods where crime was on the rise. The crime rate dropped. But by the mid-1990s, police in some cities were beginning to realize there was a certain level that they couldn't get crime below. Mass jailings weren't doing the trick: Only fifteen percent of those convicted of federal drug crimes were actual traffickers; the rest were nothing but street-level dealers and mules, who could always be replaced.

Police in Boston, concerned about violence between youth drug gangs, turned for assistance to a group of academics. Among them was a Harvard criminologist named David Kennedy. Working together, the academics and members of the department's anti-gang unit came up with what Kennedy calls a "quirky" strategy and convinced senior police commanders to give it a try. The result, which began in 1995, was the Boston Gun Project, a collaborative effort among ministers and community leaders and the police to try to break the link between the drug trade and violent crime. First, the project tracked a particular drug-dealing gang, mapping out its membership and operations in detail. Then, in an effort called Operation Ceasefire, the dealers were called into a meeting with preachers and parents and social-service providers, and offered a deal: Stop the violence, or the police will crack down with a vengeance. "We know the seventeen guys you run with," the gangbangers were told. "If anyone in your group shoots somebody, we'll arrest every last one of you." The project also extended drug treatment and other assistance to anyone who wanted it.

The effort worked: The rates of homicide and violence among young men in Boston dropped by two-thirds. Drug dealing didn't stop — "people continued what they were doing," Kennedy concedes, "but they put their guns down."

As Kennedy reflected on the success of the Boston project, which ran for five years, he wondered if he had discovered a deeper truth about drug-related violence. If the murders weren't a necessary component of the drug trade — if it was possible to separate the two — perhaps cities could find a way to reduce the violence, even if they could do nothing about the drugs.

In 2001, Kennedy got a call from the mayor of San Francisco that gave him a chance to examine his theories in a new setting. The city had experienced a recent spike in its murder rate, much of it caused by an ongoing feud between two drug-dealing gangs — Big Block and West Mob — that had resulted in dozens of murders over the years. Could Kennedy, the mayor asked, help police figure out how to stop the killings?

Kennedy flew out to San Francisco and met with police. But as he researched the history of the violence, it seemed to confirm his findings in Boston. Though both Big Block and West Mob were involved in dealing drugs, the shootings were not really drug-related — the two groups occupied different territories and were not battling over turf. "The feud had started over who would perform next at a neighborhood rap event," says Kennedy, now a professor at John Jay College of Criminal Justice. "They had been killing each other ever since."

Such evidence suggested that drug enforcement needed to focus more narrowly on those responsible for the violence. "Seventy percent of the violence in these hot neighborhoods comes back to drugs," Kennedy says. "But one of the profound myths is that these homicides are about the drug trade. The violence is driven by these crews — but they're not killing each other over business." The real spark igniting the murders, he realized, was peer pressure, a kind of primordial male goad that drove young gang members to kill each other even in instances when they weren't sure they wanted to.

Given that police departments had already locked up every drug dealer in sight and were still having problems with violence, Kennedy thought a new approach was worth a try. "There's a difference between saying, 'I'm watching this, and you should stop,' and putting someone in federal lockup," he says. "The violence is not about the drug business — but that's a very hard thing for people to understand."

But in the early days of the Bush administration, police departments were in no hurry to experiment with an approach that focused on drug-related murders and mostly ignored users who weren't committing violence. Kennedy's efforts proved to be yet another missed opportunity in the War on Drugs — an experience that made clear how difficult it is for science to influence the nation's drug policy.

"If ten years ago the medical community had figured out a way to reduce the deaths from breast cancer by two-thirds, every cancer clinic in the country would have been using those techniques a year later," Kennedy says. "But when it comes to drugs and violence, there's been nothing like that."

8. HELICOPTERS AND COCA

Instead of pursuing the Boston Gun Project and other innovative approaches to fighting drug violence, the federal government decided to escalate its military response in Colombia. For the past decade and a half, cooperation from officials in Bogotá had been halfhearted, sporadic and deeply corrupt. But by 1999, the country, it seemed, was on the verge of collapsing into civil war. The drug money that had flowed into Colombia had found its way into the hands of the rebel militia — the FARC — which had been laying siege to the Colombian government. The Clinton foreign-policy team, having spent the previous few years dealing with the consequences of failed states in Somalia and the Balkans, was deeply concerned about the possibility of a failed narco­state in America's own back yard.


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