The Failure of the War on Drugs Essay

For many years, drugs have been the center of crime and the criminal justice system in the United States. Due to this widespread epidemic, President Richard Nixon declared the “War on Drugs” in 1971 with a campaign that promoted the prohibition of illicit substances and implemented policies to discourage the overall production, distribution, and consumption. The War on Drugs and the U.S. drug policy has experienced the most significant and complex challenges between criminal law and the values of today’s society. With implemented drug polices becoming much harsher over the years in order to reduce the overall misuse and abuse of drugs and a expanded federal budget, it has sparked a nation wide debate whether or not they have created more harm than good. When looking at the negative consequences of these policies not only has billions of dollars gone to waste, but the United States has also seen public health issues, mass incarceration, and violent drug related crime within the black market in which feeds our global demands and economy. With this failed approach for drug prohibition, there continues to be an increase in the overall production of illicit substances, high rate of violence, and an unfavorable impact to our nation.

Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness, explained how our treatment of criminals has created a new racial caste system, and the only way to make change is by massive social change and Civil Rights movement. The criminal laws often focus on psychoactive drugs used by the minority populations. Minorities are disproportionately targeted, arrested, and punished for drug offenses. For instance, Black, Latino, Native American, and many Asian were portrayed as violent, traffickers of drugs and a danger to society. Surveillance was focused on communities of color, also immigrants, the unemployed, the undereducated, and the homeless, who continue to be the main targets of law enforcement efforts to fight the war on drugs. Although African Americans comprise only 12.2 percent of the population and 13 percent of drug users, they make up 38 percent of those arrested for drug offenses and 59 percent of those convicted of drug offenses causing critics to call the war on drugs the “New Jim Crow”(drug policy). The drug

As a legacy of the Civil Rights Movement, blatant racism is no longer viewed as acceptable social behavior. However, the absence of blatant individual racism cannot be equated to the absence of structural racial discrimination. With the Thirteenth Amendment preserving slavery as punishment in the prison system, criminality is being manipulated by the media to be associated with race. We see the full effects of the overrepresentation with War on Drugs legislation, which are policies that categorized drug use as a crime instead of health issue pushed forward by the Reagan administration. The master narrative of the criminality painted the legislation as colorblind, or nondiscriminatory, policies that will benefit all citizens and created

After getting the public support for his campaign, America saw an unprecedented rise in its incarceration rate, particularly among African Americans. The “ War on Drugs ” has had a disparate impact on the black community even though blacks and whites use drugs at approximately the same levels. This is achieved through a myriad of formal and informal practices. African-Americans are targeted and prosecuted at a much higher rate even though they are not statistically any likelier to abuse or sell drugs than the white population.

“The United States has 5 percent of the world’s population, but 25 percent of its prisoners. The cost of housing all those inmates: $80 billion a year” (Whitaker, 2016). The United States (U.S.) has been fighting an unwinnable war for the past thirty years. The U.S. government and the War on Drugs has disproportionately impacted African Americans and the prison population has quadrupled over the last thirty years. The U.S Government polices of the war on drugs have contributed to the mass incarceration of African American males due to sentencing and race disparities, over-policing, and anti-drug policies.

Throughout history, the drug war has always targeted minority groups. “At the root of the drug-prohibition movement in the United States is race, which is the driving force behind the first laws criminalizing drug use, which first appeared as early as the 1870s (Cohen, 56)”. There were many drug laws that targeted minority groups such as the marijuana ban of 1930s that criminalized Mexican migrant farm workers and in the Jim Crow South, reformist wanted to wage war on the Negro cocaine feign so they used African Americans as a scapegoat while they overlooked southern white women who were a bigger problem for the drug epidemic (Cohen, 57). Instead of tackling the root of the drug problem they passed the blame to struggling minority groups within the United States.

Mass incarceration started in the 1970s. Since the eighties the system to maintain it, has been the War on Drugs officially declared by President Ronald Reagan in 1982 (p.5).

The “War on Drugs” established that the impact of incarceration would be used as a weapon to combat the illegal drug problem in this country. Unfortunately, this war against drugs has fallen disproportionately on black Americans. “Blacks constitute 62.6% of all drug offenders admitted to state prisons in 1996, whereas whites constituted 36.7%. The drug offender admissions rate for black men ranges from 60 to an astonishing 1,146 per 100,000 black men. In contrast, the white rate begins at 6 and rises no higher than 139 per 100,000 white men. Drug offenses accounted for nearly two out of five of all black admissions to state prisons (Human Rights Watch, 2000).” The disproportionate rates at which black drug offenders are sent to prison originate in racially disproportionate rates of arrest.

Recently, these numbers receded but the stigma remains. Research indicates the crimes Blacks commit surpass the expected rates, based on the racial composition of America. These statistics are further exacerbated because Black males commit more frightening and violent crimes. The war on drugs was a dominant contributor to the “Black” typification of crime. In the 1980s, the Reagan administration waged the war on drugs. In accordance with this agenda, strict penalties were enacted to “crack down” on crack cocaine. Crack cocaine is a less expensive drug predominately used by the lower class, specifically minorities. The Black population suffered under these new laws but Whites were largely unaffected. While drug use is prevalent at similar rates across races, whites are more likely to use powder cocaine which law enforcement agencies tend not to acknowledge. Crack cocaine became the target of harsh penalties because it is affordable, accessible, and used primarily by Blacks. The war on drugs is occasionally referred to as the war on Blacks due to the high incarceration rate of the Black population during this time. Illegal drugs are often associated with robbery and assault which further perpetuates the stereotype of the “Black criminal”.

The War on Drugs began in increments, first with President Nixon and secondly with President Reagan (Hill, Oliver, Marion, 2012). While under the Nixon administration, the Drug Enforcement Administration was developed due to the thought of how drugs can affect an individual as well as a community. Drugs did not only affect the user and the community, but also the families as well as children. Out of all the presidents, it is documented that President Nixon was one who had discussions about drugs more than any other president (Hill, et al., 2012).

In the late 1960's and early 1970's, the federal government began to increasingly tighten drug laws. In 1972, President Richard Nixon formally declared a "War on Drugs", which continues

The history of drug use dates back for thousands of years with diverse purposes throughout humanity. According to Levinthal (2012), the drug-taking behavior gained federal awareness in the early 1900s, due to the lack of drug control regulations. Moreover, Levinthal (2012) mentions four major drug control laws which were established, including: (1) The Harrison Narcotic Act 1914, (2) The Marijuana Tax Act 1937, (3) The Boggs Act 1951, and (4) The Controlled Substance Act 1970. The drug control laws formed help regulate importation, manufacture, selling, or distribution of drugs within the United States (Levinthal, 2012).

The war on drugs began during Nixon’s administration in 1968 and was designed in efforts to reduce the amount of drugs being sold and consumed in America (Moore & Elkavich, 2008). Nixon believed that getting drugs out of the hands of people would make the country a safer and better place, however these new drug laws did not reduce the amount of drugs being consumed or distributed. Instead, these laws incarcerated a large amount of people and have resulted in a continuation of inequality in our country. While Marx would argue that the war on drugs prolongs inequality through class conflict because it targets low class individuals, advantages upper class communities while disadvantaging the poor communities, and it makes the cycle of class differences continue, Wells-Barnett would argue that the war on drugs perpetuates inequality through its racism because it was created in response to colored people using drugs, it targets black males, and the sentencing varies based on whom the drug is linked to.

While laws prohibiting the use of drugs, in one form or another, can be traced back to the 1870s, it was not until 1968, when Richard M. Nixon was elected President, that our current drug war was conceived. In 1970 Congress passed the Comprehensive Drug Abuse and Control Act.(2) With an

Starting in 1914 the U.S introduced the first probation acts that prohibited the consumption of Opiates and Cocaine with the Harrison Narcotics act of 1914 Later this act was amended to include marijuana. This Act was the first use of federal criminal law in the United Sates to attempt to deal with the nonmedical use of drugs (wisegeek). The war of drugs started primarily in the 1971 when Nixon declared the war on drugs. He dramatically increased the size and presence of federal drug control agencies (Drug Policy). With the first major organized drug imports from Columbia from the Black Tuna Gang based in Miami, Florida Columbia was quickly growing into a drug superpower able to feed America’s growing addictions.