Summary/Abstract

Draconian Drug Enforcement Policy was initiated by President Nixon as a strategy to control and oppress black and dissident white populations according to a recent article in Harpers.

Content

Dan Baum, writing in support of drug legalization at Harper’s, has unleashed a frank 1994 quote from former Nixon policy advisor John Ehrlichman, and as inadvertently salient an argument for legalizing drugs as any I’ve ever seen:

At the time, I was writing a book about the politics of drug prohibition. I started to ask Ehrlichman a series of earnest, wonky questions that he impatiently waved away. “You want to know what this was really all about?” he asked with the bluntness of a man who, after public disgrace and a stretch in federal prison, had little left to protect. “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”

I must have looked shocked. Ehrlichman just shrugged. Then he looked at his watch, handed me a signed copy of his steamy spy novel,The Company, and led me to the door.

That drugs have been used as a tactic to marginalize and imprison peoples who are inconvenient, so to speak, for conservatives and neo-cons doesn’t really come as a surprise—and not just because Nixon was a noted racist. The War on Drugs was a Nixon invention but, as Baum explains, it’s been useful for every president thereafter, and its function as a suppressive tool didn’t exactly wane—recall the way it defined Reagan’s crack era, which was funneled into black neighborhoods by the CIA and then used to decimate an entire generation. Or the way relatively minor drug offenses are the main contributor to the current mass incarceration crisis, which disproportionately affects young black and brown men.

Adjacent to this, Baum lays out a clear and logical argument for the way legalization could work, using Portugal and the Netherlands as precedents, and advocating for it to remain in the control of the state—a “state-run monopoly”—rather than free markets, lest addiction become a market incentive the way it has with alcohol and cigarettes. (Of course, the deeper problem of racial prejudice remains strong in this scenario too—the legal weed market has already locked out people of color to a dramatic and unfair degree, and black people are much more likely to be arrested for pot-related offenses even in states where it’s legal.) Baum cites the way marijuana is regulated in his home state of Colorado (of course this dude is from Boulder), but also makes the case that weed is the path to killing the drug war, in its capacity as an admitted racist and antiliberal Nixonian tool:

The citizens of the U.S. jurisdictions that legalized marijuana may have set in motion more machinery than most of them had imagined. “Without marijuana prohibition, the government can’t sustain the drug war,” Ira Glasser, who ran the American Civil Liberties Union from 1978 to 2001, told me. “Without marijuana, the use of drugs is negligible, and you can’t justify the law-enforcement and prison spending on the other drugs. Their use is vanishingly small. I always thought that if you could cut the marijuana head off the beast, the drug war couldn’t be sustained.”