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The 2012 US Election and the War on (Some) Drugs – Article by Bradley Doucet

The 2012 US Election and the War on (Some) Drugs – Article by Bradley Doucet

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The New Renaissance Hat
Bradley Doucet
December 14, 2012
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I spent the evening of November 6 with some friends, intentionally notwatching US election coverage. There were only two plausible outcomes in the presidential race, and each was worse than the other, as one friend likes to quip. Another friend kept referring to the occasion as Halo 4 Launch Day, and we all pretended the release of that pvideo game was the most momentous thing happening on the world stage. We didn’t even tune in to see what humorous comments Jon Stewart and Stephen Colbert might have come up with to lighten the sombre mood.

But along with the dark storm clouds that will continue to hang over the United States for at least another four years, there are other, lighter, more fragrant clouds that will be hanging over two states in particular: Colorado and Washington, whose voters approved ballot initiatives legalizing marijuana not only for medical purposes, as many states have already done, but even for recreational use. That’s right, in Colorado and Washington, you can now legally get high without a note from your doctor.

Two Steps in the Right Direction

I’ve written against the Drug War a number of times in the past, a fact that has led some people to think that I’m a big pothead. No, I assure them, this calm, laid-back demeanor is my natural, unaltered state of mind. I don’t write about ending drug prohibition because I personally want to smoke marijuana without fear of legal reprisals, but rather because drug prohibition is stupid and wrong. It’s stupid because it does not achieve its ostensible end of protecting us from ourselves by curbing drug abuse, and it’s wrong because protecting us from ourselves is not a legitimate function of government.

The Colorado Marijuana Legalization Initiative (aka Amendment 64) asked voters if there should be an amendment to the state constitution “providing for the regulation of marijuana” and “permitting a person twenty-one years of age or older to consume or possess limited amounts of marijuana,” as well as licensing production and taxing the proceeds. The Washington Marijuana Legalization and Regulation Initiative (aka Initiative 502) asked voters if the state should “license and regulate marijuana production, distribution, and possession for persons over twenty-one; remove state-law criminal and civil penalties for activities that it authorizes; tax marijuana sales; and earmark marijuana-related revenues.” Both measures were approved, each receiving 55% of votes cast. This is a sign of the times, as more and more people are realizing that drug prohibition is as wrongheaded as alcohol prohibition was in the 1920s—although a similar measure was defeated in Oregon, receiving only 45% of the vote.

Now the Hard Part Begins

Of course, just because the people of Colorado and Washington decided to legalize marijuana production and consumption does not mean the War to End the War on Drugs has been won in those states. For one thing, other recreational drugs will remain illegal, so the government can keep right on kicking down doors and shooting family pets in its crazed search for those substances. (If you haven’t heard about such occurrences yet, check out this chilling music video for the song “No Knock Raid” by Toronto musician Lindy.)

But even when it comes to marijuana, a substance that by all accounts is less harmful than alcohol, the fight is not over. That’s because the federal government is unlikely to honour the democratically expressed wishes of a majority of voters in these two states to be left alone. Instead, according to two former U.S. drug control officials interviewed by Reuters, “the federal government could sue to block parts of the measures or send threatening letters to marijuana shops, followed up by street-level clampdowns similar to those targeting medical marijuana dispensaries the government suspects are fronts for drug traffickers.”

On the campaign trail in 2008, Barack Obama, who has admitted to using marijuana and other drugs when he was young, spoke as if he were going to allow states to go their own way on the medical marijuana issue, breaking with the Bush administration’s policy of raiding pot dispensaries. “I’m not going to be using Justice Department resources to try to circumvent state laws on this issue,” he promised. Yet as President, he has broken that promise, cracking down even more than his predecessor on growers and dispensaries in the 16 states that allow marijuana use for medical purposes. There is little reason to believe that the Hypocrite in Chief’s reaction to the Colorado and Washington initiatives will be any more restrained.

We’re from the Government, and We’re Here to Help

The notion that prohibition could accomplish anything besides the empowerment of organized criminals is one that should have died with the Volstead Act in 1933. The notion that other people ought to have the power to tell you what you can and cannot put into your own body is one that should offend any individual with a modicum of self-respect. On the one hand, it’s discouraging that the Drug War drags on in this day and age. But on the other hand, the fact that voters in Colorado and Washington have, for practical or moral reasons, denounced this destructive, bankrupt policy is at least a little something for lovers of liberty to celebrate this election cycle.

Bradley Doucet is Le Quebecois Libré‘s English Editor. A writer living in Montreal, he has studied philosophy and economics, and is currently completing a novel on the pursuit of happiness. He also writes for The New Individualist, an Objectivist magazine published by The Atlas Society, and sings.
US Gone to Pot, but Not Completely – Article by Mark Thornton

US Gone to Pot, but Not Completely – Article by Mark Thornton

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Mark Thornton
November 12, 2012
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The only good thing about the 2012 campaign — other than its being over — is that much progress was made on marijuana policy. Marijuana was legalized in two states, Colorado and Washington. Medical-marijuana legislation passed in Massachusetts. Marijuana was decriminalized is several major cities in Michigan and Burlington, Vermont, passed a resolution that marijuana should be legalized. The only defeats were that legalization failed to pass in Oregon and medical marijuana was defeated in Arkansas.

This is a stunning turnaround from the 2010 campaign when Prop 19 in California failed to pass despite high expectations. I explained in detail why Prop 19 failed here. It was an unfortunately common story of Baptists, i.e., people who oppose it, and bootleggers, i.e., people who profit from black-market sales, who stopped the legalization effort.

With regards to the legalization victories in Colorado and Washington, Tom Angell, Director of LEAP (Law Enforcement Against Prohibition) called the election a “historic night for drug-law reformers.” Paul Armentano, the deputy director of NORML (National Organization for the Reform of Marijuana Laws), called the Colorado and Washington victories “game changers,” noting that “both measures provide adult cannabis consumers with unprecedented legal protections.” He noted that “until now, no state in modern history has classified cannabis itself as a legal product that may be lawfully possessed and consumed by adults.” Writing for the Marijuana Policy Project, Robert Capecchi called Colorado and Washington “historic victories,” saying that they “represent the first bricks to be knocked out of the marijuana prohibition wall.”

Following is a list of all marijuana measures on the 2012 ballot as provided by LEAP:

Colorado Marijuana legalization Passed
Washington Marijuana legalization Passed
Oregon Marijuana legalization Failed
Massachusetts Medical marijuana Passed
Arkansas Medical marijuana Failed
Detroit, MI Decriminalization of adult marijuana possession Passed
Flint, MI Decriminalization of adult marijuana possession Passed
Ypsilanti, MI Marijuana to be lowest law enforcement priority Passed
Grand Rapids, MI Decriminalization of adult marijuana possession Passed
Kalamazoo, MI Three medical-marijuana dispensaries permitted in city Passed
Burlington, VT Recommendation that marijuana should be legalized Passed
Montana Referendum restricting medical marijuana Likely to pass

Some readers might not be fired up at the prospects of legalization, decriminalization, and medical marijuana, but the benefits are higher than you might think. First of all, the economic crisis is a great opportunity to get this type of reform passed. There are several economic dimensions at work here. The most obvious thing that comes to mind is that legalized marijuana might be a source of tax revenues and possibly excise taxes and license fees. It would also be a source of jobs, although the net gain in jobs and incomes is probably initially small.

A major benefit would be a reduction in the size of government. Marijuana prohibition results in hundreds of thousands of people being arrested, tying up police, jails, courts, and prisons. When the city of Philadelphia decided to make marijuana prohibition a low priority and treat it like public intoxication ($200 fine), they ended up saving $2 million in the first year.

One of the most important benefits of these measures is that they make for a more liberal society in the Misesian sense. Marijuana prohibition is public violence, prejudice, and partiality. Legalization and liberalism is private property and public tolerance. As Ludwig von Mises wrote,

The essential teaching of liberalism is that social cooperation and the division of labor can be achieved only in a system of private ownership of the means of production, i.e., within a market society, or capitalism. All the other principles of liberalism democracy, personal freedom of the individual, freedom of speech and of the press, religious tolerance, peace among the nations are consequences of this basic postulate. They can be realized only within a society based on private property. (Omnipotent Government, p. 48)

The key thing, economically speaking, is that more liberalism is good for business, jobs, and prosperity. Legalizing marijuana, along with things like same-sex-marriage laws, may be appalling to some people, but when companies are looking to get started or establishing new operations, those are some of the things that are looked at, just like taxes, schools, crime, etc. States that are competing for the best companies that offer the highest paying jobs are the same states that are liberalizing their policies.

Therefore, it should come to no surprise that a state like Washington legalized marijuana even though it does not have a history of marijuana-reform activism. Washington needs to compete with other states for computer programmers, engineers, and technicians for Washington-based firms like Boeing and Microsoft. Do not be surprised if what happened in Colorado and Washington spreads to other states in coming elections.

The most important aspect of the victories in Colorado and Washington is that the people of those states stood up and voiced their opposition to the federal government and its policy of marijuana prohibition. They are directing their state governments to no longer cooperate with the federal government. You can bet that federal officials will seek to intimidate local officials and businesses as they have done in California. They seek to use fear and violence to maintain their power.

However, demographically and ideologically, they are fighting a losing battle. Supporters of legalization are younger, smarter, better educated, and have above-average incomes. The leaders of the reform movement do not seem to view their efforts as “pro-marijuana,” but rather as anti-prohibition, and they realize that the benefits are in terms of health, public safety, and prosperity.

When my book The Economics of Prohibition was published 20 years ago, I was often asked my opinion if marijuana should be or would be legalized. My stock answer was that medical marijuana would start to be legalized in 10 years and that marijuana would start to be legalized in 20 years, probably during an economic crisis. My only prediction in print was that the reform process would begin around the turn of the century. The first reform was actually a medical-marijuana law passed in California in 1996.

Mark Thornton is a senior resident fellow at the Ludwig von Mises Institute in Auburn, Alabama, and is the book review editor for the Quarterly Journal of Austrian Economics. He is the author of The Economics of Prohibition, coauthor of Tariffs, Blockades, and Inflation: The Economics of the Civil War, and the editor of The Quotable Mises, The Bastiat Collection, and An Essay on Economic Theory. Send him mail. See Mark Thornton’s article archives.

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Copyright © 2012 by the Ludwig von Mises Institute. Permission to reprint in whole or in part is hereby granted, provided full credit is given.

Ending the War on Kidneys – Article by Sanford Ikeda

Ending the War on Kidneys – Article by Sanford Ikeda

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Sanford Ikeda
October 13, 2012
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The war on drugs can be dated to 1914, although the phrase “war on drugs” was coined in 1972 during the presidency of Richard Nixon.  The war on kidneys began in 1984.

It’s an oft told tale how drug prohibition has led to the promotion of organized crime, skyrocketing violence here and abroad, and a simultaneous increase in potency and decrease in safety.  (See here and here for examples.)  The solution to these perhaps unintended but predictable negative consequences is legalization.  So it is, too, with the sale of organs–kidneys in particular.

Meanwhile in Iran…

Since 1984, under the leadership of Senator Al Gore, the United States government has made it illegal to buy or sell kidneys and in so doing has effectively launched a “war on kidneys.”  Again, the consequences, unintended but predictable, are mostly if not wholly bad.

According to the Human Resources and Services Administration there are currently over 93,000 persons in the United States on the waiting list for a donated kidney.  Another source estimates that the list grows by 3,000 to 4,000 candidates a year.  Between 1988 and 2008 yet another source reports that the number of kidney transplants performed in the United States has ranged from 8,873 (in 1988) to a high of 17,091 (in 2006) for an average of about 13,847 per year.  While that may indicate a dwindling list of candidates, the reality is that the number who die each year still runs into the thousands.

The United States Department of Health and Human Services, for instance, claims that 18 people die each day waiting for a kidney donor.  That’s 6,570 deaths a year, and though their figure for the waiting list is considerably higher than the HRSA’s, they are in the same ballpark.

Kidney sales are legal in Iran, which offers a mix of private and government financing for kidney transplants.  Not surprisingly, waiting lists there are practically nonexistent (because of a larger supply), and so is the number of people dying while waiting for one.

Moreover, the incidence of black markets and of “medical tourism”—in which relatively wealthy foreigners travel to relatively poor countries to buy local kidneys or have other procedures performed at lower cost than in the United States—would probably fall, much as legalization of alcohol after Prohibition saw the downfall of speakeasies and bathtub booze.

What’s the Downside?

And although some estimate that the cost of a kidney may be as high as $100,000—which would make the total cost of the transplant procedure around $350,000—keep in mind that in addition to the value of the lives saved, the savings from unnecessary kidney dialysis is about $70,000 per person per year.  (See also this article from The Economist.)

Some argue that only the rich would get organs and only the poor would die giving them up.  Existing black markets and medical tourism already reinforce any such tendency by keeping prices high.  Would a free market in organs mean that the relatively poor would supply the relatively rich?  Perhaps.  More generally, would abuses occur?  Yes, they would, just as they do in other aspects of organ transplantation—such as in shabby hospitals or lousy medical care. Nobody suggests banning hospitals or doctors because some hospitals and some doctors occasionally screw up.  The cure lies largely in greater competition, the prerequisite of which is making organ sales legal.

Some are put off by the very idea of a market in kidneys, and many who aren’t might have some reservations about extending the list to other parts of our bodies.  Some of this can be attributed to a socio-ethical resistance to “commoditizing the human body.”  Perhaps this is a valid concern.  Interestingly, there is a legal market for cadavers, so it seems to be OK to pay for bodies but not for organs.

What about other organs or body parts?  The thing about kidneys—or eyes, ears, hands, and feet—is that removing them from our bodies does not entail death or, in the case of kidneys, any significant decline in the quality of life to the donor.  But what about selling something vital such as a heart, which would spell certain death?  That’s a difficult question that we may not have to settle just yet.  Let’s start with kidneys.

The Moral Alternative

I confess to being uncomfortable with the thought of selling off body parts. In the same way, I would never recommend to anyone, including myself, taking cocaine for fun.  But I would stop short of banning cocaine, and my qualms about selling body parts doesn’t keep me from staunchly supporting legalization, especially when a strong case can be made (as in this video by Professor James Stacey Taylor) that banning it would itself be immoral.  Selling body parts for money should be no more illegal than letting people make a living fishing for crabs on the high seas or give up their lives for a cause they believe in.  I may disapprove of a practice that harms the practitioner, but that by itself doesn’t give me the right to stop it, especially if it harms no one else.

Finally, today it’s considered perfectly legal and moral to allow husband A to give up his kidney to his wife B without compensation.  Or, if A’s kidney is not a match for B, it’s okay for A to donate to C, whose husband D could then donate to B.  That is like trading a goat to Jack to get a pile of bricks to trade to Jill for a sack of grain, which is what you wanted for your goat in the first place.  While the Internet and creative websites have made organ bartering of this kind easier than in the past, humans long ago developed another institution that gets the job done much more easily:  buying and selling for money.

Crimalizing activities—whether  drugs, prostitution, or organ sales—typically generates consequences that are usually unintended but, with the aid of some basic economic knowledge, mostly predictable.  After decades and over a trillion dollars spent and countless lives ruined, a summit of Latin-American politicians earlier this year declared that “the war on drugs has failed,” a sentiment echoed around the world.

It’s time that our government ended the war on kidneys, too.

Sanford Ikeda is an associate professor of economics at Purchase College, SUNY, and the author of The Dynamics of the Mixed Economy: Toward a Theory of Interventionism.

This article was published by The Foundation for Economic Education and may be freely distributed, subject to a Creative Commons Attribution United States License, which requires that credit be given to the author.