Untitled Document

Editor’s note: Charles Shaw, editor-in-chief of the Chicago-based Newtopia
Magazine, enters the Illinois state penitentiary Friday to begin serving a one
year sentence for possession of less than ¼ ounce of marijuana and 1.4
grams of MDMA (or about a dozen pills). Shaw, a popular writer and activist, will
be writing a prison diary for GNN chronicling his time as a prisoner of America’s
ongoing drug war. GNN wishes him the best. Stay strong.
“In war, truth is the first casualty.” – Aeschylus
In the United States government’s “War on Drugs”, the rules
are simple enough to grasp. Since drugs are bad for you, foster crime, and destroy
people’s lives, they are illegal, and those that are involved with them
are criminals who belong in jail. In this paradigm, drug dealers are violent
and dangerous, and despite the emergence of a recovery culture, addicts are
still considered morally bankrupt “others”. Removing these elements
from the streets is generally considered a good thing, and whatever it takes
to accomplish this, even if it means bending the Constitution, should be encouraged
and permitted in the interest of our general safety and well being.
Every day Americans have these views reinforced by elected officials, the corporate
media, and a pervading culture of addiction that is hardly limited to these
denizens of society, but rather infiltrates millions of American lives. Everywhere
you turn, people are warning you of the dangers of some drugs, while pushing
others relentlessly. Everywhere you go, someone has a story of how addiction
or violence ruined someone close to them.
And most people end up thinking, “Isn’t it wonderful of our government
to try and protect us.”
But within this simple world is another more complex world. It is a world where
everyone is addicted in one way or another and the profits from their addictions
fuel the economy. A world where lethal drugs like alcohol, tobacco, Vioxx, and
Oxycontin are legal and readily available, while relatively harmless drugs like
marijuana, psilocybin, and MDMA are designated dangerous and highly addictive,
without any tangible health benefits, and marginalized into a dangerous illicit
market. It is a world where, in some neighborhoods, the police protect and serve
while in others they are the threat and the enemy. It is a world where the rich
go unpunished, and the poor go to prison.
And what may be even more shocking is that it has become progressively more
serious to have been caught with drugs than to kill someone. In his 1999 Progressive
Populist essay, “The Prison-Industrial Complex,” UNLV Criminal Justice
professor Richard Shelden cites that between 1980 and 1992 the average maximum
sentence in federal courts declined for violent crimes (from 125 months to 88
months) and almost doubled for drug offenses (from 47 months to 82 months).
This is the hidden world that no one has to see or think about except those
on the inside. Thus most popular opinion about the Drug War is compacted down
into a few, easy to swallow, demagoguish stereotypes. These are the hardest
views to change, so naturally, changing opinion about the Drug War is a tough
racket. But there is one thing that is undeniable: In both of these worlds,
a small number of people make a hell of a lot of money.
Few see this war for what it really is, a class war, or more simply, a war
on the poor.
Race and Class in Drug Crime
When we speak of American culture we must commingle race and class, because
racism is the way American classism is manifested. And so, what is actually
a race and class based disparity that exposes a corrupt system, lies obscured
by corporate media reporting which focuses on the violence and sensationalism
of the Drug War; COPS, a “huge” international bust, a drive-by shooting
which killed an innocent child, a new “designer drug” ravaging the
nation, the meth-addict pervert kidnapping a cute blonde woman, and the obligatory
celebrity fallen from grace. What is almost never reported are the egregious
inequities in the system.
In June of 2000, Human Rights Watch published a study of racial disparities
in the “War on Drugs” in which they stated chillingly:
“The racially disproportionate nature of the “War on Drugs”
is not just devastating to Black Americans. It contradicts faith in the principles
of justice and equal protection of the laws that should be the bedrock of any
constitutional democracy; it exposes and deepens the racial fault lines that
continue to weaken the country and belies its promise as a land of equal opportunity;
and it undermines faith among all races in the fairness and efficacy of the
criminal justice system.”
Part of effectively prosecuting the “War on Terror” is the active
demonization of Muslims. By the same token, the U.S. government demonizes Blacks,
other minorities, drug users, and poor people, and uses the drug trade as a
pretext to justify a domestic war against them. Our wars in the Middle East
are purported to serve one purpose, battling terrorism, while in fact serving
something altogether different: future energy commerce and geostrategic control.
In the “War on Drugs”, we claim to be fighting crime and drug use,
but while the budget for the “War on Drugs” increases every year
and the number of prisons and prisoners increase every year, the amount of drugs
consumed and the number of drug users also increases every year. According to
Common Sense for Drug Policy, a drug reform think-tank, overall crime has gone
down by more than 40%, or just under 200,000 less crimes a year in the 12 years
since the Bush 41 Administration, but drug arrests have more than doubled in
the same period.
Shelden asserts, “we have witnessed in the 20th century the emergence
of a “criminal justice industrial complex.” The police, the courts
and the prison system have become huge, self-serving and self-perpetuating bureaucracies,
which along with corporations, have a vested interest in keeping crime at a
certain level. They need victims and they need criminals, even if they have
to invent them, as they have throughout the ‘war on drugs’ and ‘war
on gangs.’”
In 2002 there were 1,538,813 total drug arrests, according to the FBI Uniform
Crime Reports, an astounding number, particularly when you think about all those
that didn’t get caught. A full 80% of these were for mere possession of
a controlled substance, and 50%, of those, 613,986 people, were for nothing
more than possession of marijuana.
This Rise of the Drug War and Prison-Industrial Complex
Over the last twenty-five years the “War on Drugs” and the prison
industry has been steadily built up into a Leviathan which has steamrolled across
our culture with such force that it is hard to envision what might ever stop
it. Today, as Shelden writes, “the size of this system is so huge that
it is almost impossible to estimate the amount of money spent and the profits
made.”
While tacitly skirting the metaphysics of how one wins a war waged against
a plant, it is prudent to understand that the international illicit drug market
generates anywhere from $500 billion to $1 Trillion in annual trade. The United
Nations Drug Control Program gave a figure of $400-$500 Billion for 2004, which
is considered to be a conservative estimate.
How much money is this? Canadian professor Michel Chussudovsky wrote in Global
Outlook that by 1994 narcotics profits were “on the order and magnitude
of the global trade in oil.” He goes on to state, “the multi-billion
dollar revenue of narcotics are deposited in the Western banking system. Drug
money is laundered in the numerous offshore banking havens in Switzerland, Luxembourg,
the British Channel Islands, the Cayman Islands, and some 50 locations around
the globe.”
Sociology professor James Petras goes further: “Over a decade [1991-2001]
between $2.5 and $5 trillion criminal proceeds have been laundered by U.S. banks
and circulated in the U.S. financial circuits.” In Dirty Money Foundation
of U.S. Growth and Empire – Size and Scope of Money Laundering by U.S.
Banks, Petras outlines the path money takes from the narcosyndicates through
the private banking system into the publicly traded stock exchanges of the NYSE
and NASDAQ.
Consider that the last market crash of mid-2002 perfectly coincided with the
2000 decision by the Taliban to halt poppy production in Afghanistan, the world’s
largest supplier of opium which provides roughly one third to one half of the
annual trade in narcotics. Keeping in mind the cultivation and harvest cycle
which is about 9 months to a year, the UN Drug Control Program reports that
2001 saw a 94% decrease in Afghani poppy cultivation from 3300 metric tons down
to only 185 (the remaining 185 metric tons was from poppies cultivated by the
Northern Alliance in territory they controlled), a loss of somewhere between
$100 and $300 Billion. However, by 2002, after the U.S. invasion in late 2001,
poppy cultivation rocketed back up to 3400 metric tons, returning a badly needed
estimated $300 billion in cash to the financial markets. Coincidentally, over
the next two years the economy has somewhat stabilized and markets have gone
back up in value. It certainly isn’t the sole cause of the last recession,
but the evidence clearly points to it being a major force within it.
Back home in the States, it isn’t just drug profits propelling this system,
there is also a whole vast enforcement and incarceration industry spending billions.
According to the Office for National Drug Control Policy, the Federal Government
spends $30 Billion a year waging the “War on Drugs”, and over $4
billion incarcerating drug offenders.
Nationwide, the Urban Institute reports that more than 40% of the 1,000 state
prisons now in operation opened within the last 25 years, coinciding with the
full scale launch of the “War on Drugs.” Author Christian Parenti
wrote in his 1999 book, Lockdown America: Police and Prisons in the Age of Crisis,
“Nationally, the tab for building penitentiaries has averaged about $7
billion annually over the last decade; in 1996 alone contractors broke ground
on twenty-six federal and ninety-six state prisons. Estimates for the yearly
expenses of incarceration run between $20 and $35 billion annually, and one
report has more than 523,000 full-time employees working in American corrections—more
than in any”.
But maybe the most frightening fact is that, according to the U.S. Dept. of
Justice, a nation with only 4.6% of the total world population has a full one-third
of the world’s prisoners, an estimated six million people, three million
currently incarcerated in federal and state penitentiaries and county jails,
and another roughly 3 million under “correctional supervision” on
house arrest, probation, or parole. Half of these arrived in the last 10 years,
and many now work as unpaid laborers for the government’s 100 prison factories
under a program called UNICOR, and those of private corporations like Wackenhut,
whose publicly traded stock is valued based upon how much “inventory”
they posses. Their “inventory” is prisoners.
The phenomenal growth in the prison population is directly attributed to the
War on Drugs. Shelden states, “a recent estimate is that convictions for
drugs accounted for almost one-half of the increase in state prison inmates
during the 1980s and early 1990s, as prison sentences on drug charges increased
by more than 1,000 percent!... Prison populations have been increasing from
between 5 percent and 7 percent each year. Figuring an average annual increase
of 6 percent, by 2020 there will be around 6.5 million in prison!
This Can’t Be A Coincidence
Common Sense for Drug Policy reports that nationwide one in every 20 black
men over the age of 18 is in prison, and in five states the ratio is 13 to 1.
This is compared to 1 in 180 White men. But Blacks aren’t doing more drugs.
Douglas Husak, author of Legalize This!: The Case for Decriminalizing Drugs,
says that White drug users outnumber Blacks by a five-to-one margin. But according
to the US Department of Justice, Blacks comprise 56.7% of all drug offenders
admitted to state prisons while Whites comprise only 23.3%. The bulk of the
drugs consumed in this country are not sold on the street by minority-run gangs,
they are sold by affluent Whites to other affluent Whites, who avoid the dangers
involved in street dealing by getting their supply from higher up the food-chain,
off the street, in private. Street dealing creates visible perpetrators, and
since White people aren’t targeted in the same way by the police, because
they aren’t visible to the police, one can only conclude that the enforcement
community is primarily concerned with arresting the most visible, not necessarily
the most influential, drug dealers. This theory is reinforced by the knowledge
that bodies in cells equals dollars to the prison industry. Can you imagine
the same police presence in the suburbs, trying to ferret out drug use in White
subdivisions?
Add to that that there are completely different sentencing guidelines (see
“Miscarriage of Justice”) for possession of powdered cocaine versus
possession of rock cocaine even though they are the same exact substance. Crack
is generally cooked and dealt on the street by minority gangs, whereas powder
generates from further up the chain.
Based upon these numbers, the U.S. Dept. of Justice goes on to estimate that
30% of Black Americans will see time in prison during their life, compared with
only 5% of White Americans, even though as of the 2000 Census, Whites made up
69% of the total national population while Blacks only accounted for 12%.
These racial distinctions often obscure the fact that almost everyone who ends
up in prison on a drug charge is poor.
Even though there is virtually no way to divorce race from the “War on
Drugs”, it would be all too easy, and all too lazy, to blame it simply
on racism. The main component is and has always been economic, and the real
story behind the “War on Drugs” is one of radical economic transformation
like that which the United States underwent in the 1980s and 90’s. Many
of those left behind in this transformation, unable or unwilling to find work
in the new “service economy,” have turned to drugs, and the fight
against them, for economic sustenance, and so a natural vice economy has grown
up to replace some of the lost income from exported jobs, while others barely
eke out a living earning minimum wage.
The low-income violent ghettos that exist in most cities were not always there,
but today they are the most stark and direct symbol of this economic transformation.
As law professor Richard Sander notes, blacks in early 20th century cities did
not live in as segregated areas as they do today. His research shows that ghettoes
today are mostly concentrated in those cities with large numbers of blacks who
came north via the Great Migration.
The modern state of the Black ghettoes came from the combination of the industrial
jobs that drew millions of Black Americans north being exported to other countries,
and drugs being imported, most notably during the 1980s crack cocaine epidemic.
But it is important to note that the crack epidemic was merely the continuation,
the escalation, of a pre-existing narcotics problem in the ghettos.
Twenty years earlier heroin flooded the same streets, right at the same time
the U.S. government was waging a war in Southeast Asia around the golden triangle,
the world’s other major supplier of opium, and riots were breaking out
in the major American cities in a widescale Black uprising. Yet, again we are
supposed to view this as coincidence.
The hopelessness pervading the inner cities perpetuates to this day. Kelsa
Rieger, a community organizer in Chicago who works closely with gang youth laments,
“When there are no jobs, the schools are in deplorable condition, college
is out of the equation for most, and racism permeates every aspect of society,
in order for many people to survive, they get involved in drugs and gangs. Our
society worships money and the access it grants, and gang members and drug dealers
who have respect on the streets and money to spend become the idols that these
young people aspire to be.” Most of the youth Rieger tries to help are
caught up into the system at a very young age, and once they have a conviction
record, regular employment (even if there were jobs available) becomes a near
impossibility.
Unlike the 1960’s when Black communities began to come together, by the
1980s American cities were in the grips of violent Black on Black turf wars
between street gangs. Crack cemented an historically tragic policy of “divide
and conquer” that has kept these communities fractured. It also gave the
police entrée to sweep into those neighborhoods with a disturbing, occupation-like
finality and begin a steady process of eroding long and hard fought Constitutional
civil rights.
Racism and entertainment propelled an overwhelmingly sensationalist corporate
media which cravenly followed the trail of violence while rarely investigating
why these conditions arose, or where the drugs were coming from. Public opinion
was reinforced with daily tales of gang wars, ‘crack babies’ abandoned
to dumpsters, suburban teenage overdoses, and victims of AIDS. In response,
White people stampeded to the polls to vote for elected officials who would
continue to implement harsher drug laws and expand police forces.
Underlying the clarion call for increased crime fighting, forever embedded
in the national consciousness, was the raised fist of 60’s Black militancy.
Ironically, that fear was never taken to its logical conclusion: no one seemed
to point out to Whitey that the Black community couldn’t possibly unite
for Revolution against them while they were steadily murdering each other.
Concordant with the “War on Drugs was a steroidal expansion in size and
power of our federal policing agencies, the DEA, FBI, and ATF, and the widescale
militarization of municipal and state police departments across the country
using Federal money, a policy embraced by both major political parties as “crime”
became a critical election-year issue. Through multi-billion dollar appropriations
of taxpayer money, our government effectively did an end run around the Posse
Comitatus Act and turned our domestic law enforcement agencies into mini-armies
tasked with the control of its own citizens and the policing of morals. It is
a job with no ostensible end.
Moreover, the Patriot Act privacy violations are really nothing more then the
extension of changes to the criminal code that were made in the 90’s,
like the power of the government to seize property and assets without a trial
and use the money to fund the Drug War, or the intensification of surveillance
practices and technology.
These were easy enough policies to implement while obscuring the truth and
politics behind them. To the American public, the “War on Drugs”
was about Law and Order, plain and simple. The effects of the crime wave were
so bad that their causes were somehow rendered moot, and never really brought
up again, which leads us to where we are now.
The Coming Paradigm Shift
Drug dealing is the very paradigm of the capitalist free market, unregulated
and completely driven by supply and demand, but drugs and prisons are sorry
replacements for productive work, thus, creating new opportunities seems the
most logical order of business, and a legal and regulated drug economy could
not only provide cities and states with badly needed revenue, it could also
easily fund a series of infrastructure improvement projects that could potentially
employ millions, provide badly needed health care for the 40+ million uninsured
in this country, a comprehensive prevention and treatment program, and train
and educate many others for a variety of other skills in the workplace. $500
Billion goes a long, long way, but bear in mind it is also what the US government
spends annually on “defense”.
To achieve this, our culture would need to be prepared for a profound shift
in attitude towards the role of drugs in our society, but it’s nothing
we aren’t familiar with. People drank before, during, and after the Volstead
Act, and when it was repealed, there was a stampede by government and business
to regulate the legal liquor market, and fortunes were made. The “War
on Drugs” has taught us that people use drugs in an identical manner,
and no matter what the US government tries, they keep on using them. All prohibition
has done in both cases was escalate violence, create a massive criminal economy,
and a permanent underclass of drug users. Remove prohibition, and the power
is returned to the government, and hence the people, to make good with it.
Since 9/11, the “War on Drugs” seems almost forgotten, the hidden
world no one sees. But it continues, escalating year after year as high profiteering,
an economic engine driven by the limitless harvest of drug users, the unemployed,
and the disenfranchised. We often hear that the “War on Drugs” has
“failed”, but it hasn’t failed at all. It was never winnable
in the first place, and winning was never the goal. It’s time we concede
defeat in the “War on Drugs”, which in itself is a glorious victory
for compassion and common sense.