Will the drug wars be reformed?

Justifiably, the economy and the financial crisis have dominated news coverage during President Obama's first few months in office. But two of the most important events have gone largely uncovered.

First, Gil Kerlikowske said that "regardless of how you try to explain to people it's a 'war on drugs' or a 'war on a product,' people see a war as a war on them." Added Kerlikowske: "We're not at war with people in this country."

Second, Jim Webb (D-Virginia) introduced the National Criminal Justice Act of 2009. That act calls for a bipartisan commission to undertake an 18-month review of the US prison system and issue recommendations for reforms.

These two events are a tacit acknowledgement that our approach to fighting drugs has failed. Draconian drug laws have dramatically increased the number of people imprisoned in the US. As of 2009, around 500,000 people were imprisoned for drug crimes.

Thanks to these statistics, we have the highest rate of imprisonment in the world--even higher than places like China, Russia, and Iran. Either the people in the US are uniquely evil--more evil than people in China and Russia--or we put too many people in prison.

Some people in prison for drug crimes are surely malevolent individuals who cause true harm to society. But many, many more simply should not be there. For example, a first time drug offender caught with just one gram of LSD must automatically receive five years in federal prison because of mandatory minimum sentencing.

The first-time offender sent to prison will be exposed to dangerous criminal elements there. He'll also likely come out of prison with a grudge against society for being sent to prison on account of possessing one gram of LSD. Even if none of this happened, he would still be adversely affected after he was released.

He would be marked a felon for the rest of his life, or a least a number of years. That fact would make it difficult for him to secure any kind of gainful employment. As a practical matter then, his sentence to five years in prison was also a sentence to a life of unemployment and want. If he wanted to go to college he would be ineligible for federal financial aid, and many other scholarships. He loses his right to vote in many states.

That scenario has happened too many times. And it has had profound consequences for certain groups in society. This is particularly true for blacks. Around 28% of black men will spend some time in prison during their lives. Many of them will be incarcerated for petty drug crimes. Disproportionate crime rates among this demographic must be addressed, both inside the black community, and by society. But the fact remains that many of these men just shouldn't be in prison.

All of this is costing us as a society. Every year, the federal, state, and local governments spend $44.1 billion on the so-called drug wars. I wonder if some of that money wouldn't be better spent building schools and hospitals instead of prisons. This doesn't take into account the human costs of the drug wars--the people whose lives are ruined for one dumb mistake as youths, the perception of racism in the justice system because crack (used by blacks) and powered cocaine (used by whites) incur different penalties.

Instead of focusing so much on retribution and deterrence for drug crimes, we should try harder to rehabilitate drug users and dealers. At a minimum, first time drug users should be sent to rehabilitation centers, not prison cells. Actually rehabilitating drug addicts and minor dealers might be the one way to really fight America's narcotics problem.