"Punishment is not prevention. History offers cold comfort to those who think grievance and despair can be subdued by force." Robert Kennedy.
I was reminded of these words when the Harper government announced their new anti-drug legislation. The Conservatives claim that the legislation will target organized crime and drug dealers who exploit youth. But history, and in particular decades of failed campaigns against drugs in the United States, it will likely be those who who are suffer the consequences of the legislation.
A 2006 report by the Canadian HIV/AIDS Legal Network (Mandatory Minimum Sentences for Drug Offences: Why Everyone Loses), provides some good insight into why this is a flawed piece of legislation. Some key highlights from the study:
Targeting "drug dealers" what does this mean in practice?
Sometimes it is suggested that mandatory minimum sentences target only “drug dealers,” not people who use drugs. But this distinction is often artifi cial, particularly when harsh minimum sentences are mandated for dealing in any quantity of drugs. The real profiteers in the drug market, those who traffi c in large quantities of illegal drugs, distance themselves from more visible drug-trafficking activities and are rarely captured by law enforcement efforts. Instead, it is people who are addicted and involved in small-scale, street-level drug distribution to support their addictions who commonly end up being charged with drug trafficking and would bear the brunt of harsh mandatory minimum sentences for any drug dealing.
Critics might dismiss this insight, but if you look closer at the highlights of the bill it is likely that many of those who end up serving longer sentences will be small time criminals and drug addicts, not those who should be the real targets, namely organized crime. The two-year mandatory prison sentence for people who sell drugs such as cocaine, heroin or methamphetamines to youth or who peddle their wares near schools and other places frequented by young people is one example of this. While I think we would all agree that we want to eliminate the sale of hard drugs to youth, those likely to be caught up in this are drug addicts. In fairness, the Harper government did provide and alternative, by allowing some offenders who qualify for drug treatment courts to escape the automatic jail terms if they are able to successfully complete a program of treatment under judicial supervision. Many those who do not qualify or do not have the strength to enlist (the program is reported to be very tough) will end up in jail where they will likely become even more dangerous and hardened criminals on their release.
But the really boneheaded (there really is no other adjective that's appropriate) parts of this proposed legislation are those that target the growth and sale of marijuana. Marijuana is a significant revenue source for organized crime in particular. Large scale grow operations seem to have been modelled on alcohol bootleg operations during the American prohibition. And, like the bootleg operations of the 1930's the potency of marijuana has increased over time to the point where it has significant health implications. But rather than use the lessons of history to inform policy, which would dictate that marijuana be legalized,regulated and taxed, Harper has chosen the more dangerous path by increasing the stakes. This will likely result in more cost to the taxpayer, more "marginal" criminals being incarcerated and more profit for organized crime. A poor outcome on all counts.
You only need to look at the results in the United States to confirm that this is another black hole into which Harper is pulling us. The Real Costs of Prisons Weblog, outlines some of these for us. In Vermont, "state spending on corrections has risen faster than any other area of state government; double-digit increases have been the norm for several years. Between 2006 and 2008 the budget rose by 16.4 percent, from $110 million in 2006 to nearly $129 million for fiscal year 2008, and if nothing changes, that trend can be expected for the foreseeable future. To put it another way, a family of four will pay an average of $800 in state taxes just to support corrections."
Some additional statistics worth noting:
In December, the US Justice System announced that 7 million adults - 3 per cent of the US population - were either doing time, on probation, or on parole at the end of 2005. Of that total, 2.2 million were in federal, state or local jails, 4.1 million were on probation, and 784,000 were on parole. Over the past decade, said the Justice Department, the US prison population grew by 35 per cent, with blacks (40 per cent]), whites (35 per cent) and Latinos (20 per cent) making up most inmates.
A recent study by the Pew Charitable Trusts, a US non-profit organisation, sent an even starker message. Unless these grim statistics are improved then, at present growth rates, America's convicts will outnumber the combined populations of Atlanta, Baltimore and Denver within five years.
"Our incarceration rates show that America's crime and punishment policy is completely out of control," says Tracy Huling, a national consultant on prison issues. A tough-on-crime political culture and harsh mandatory sentences for minor crimes, especially drug offences, had criminalised huge numbers. "We send people to prison today for long sentences that 25 years ago would have drawn probation."
Clearly once again, Harper is emulating failed American policy. He would have dragged us into the quagmire of Iraq and now wants to impose another piece of legislation that is destined to cost taxpayers dearly and be a complete failure.
The alternative? Legalize marijuana, make it safe for public consumption through regulation, and then tax the hell out of it. Use some of the proceeds to target the real enemy, organized crime. Make full use of existing legislation (Bill-C95) to make sure that those charged with drug crimes who are affiliated with organized crime suffer severe consequences. Use some of the proceeds to fund social programs and facilities that will keep kids off the streets and away from dealers. Finally use some of the proceeds to fund drug prevention, rehabilitation and harm reduction programs.
Hell, it ain't rocket science. Doing the right thing just memory, intuition and ethics.