Written by Bill Winter
Oct 21, 2004

The New Prohibition: Voices of Dissent Challenge the Drug War, edited by Sheriff Bill Masters. 224 pages. Published by Accurate Press. Softbound, $14.95. Available at: (800) 374-4049.

In years past, the ultimate trump card against ending the War on Drugs was the "Cheech and Chong Argument." Whenever a celebrity would speak out in favor of, say, legalizing marijuana, critics would respond: "Well, of course Cheech and Chong" -- or Willie Nelson, Snoop Dogg, Woody Harrelson, or whoever -- "want to legalize it! They want to smoke the stuff!" The argument was sophomoric and intellectually dishonest, but it worked.

No longer. The New Prohibition, edited by Colorado's Libertarian sheriff, Bill Masters, features the greatest all-star line-up of anti-Drug War essayists ever to appear in one book. And what a line-up it is! Let's see a drug-war zealot try to use the Cheech and Chong argument against a U.S. Congressman, a former mayor, a former governor, two sheriffs, a former police chief, and a U.S. District judge. It just won't work.

Not that it hasn't been tried. In 1999, Drug Czar Barry McCaffrey labeled then-New Mexico Governor Gary Johnson for daring to speak out against the War on Drugs. I'm not sure McCaffrey realized how ridiculous he sounded trying to pin that label on an Ironman triathlete who avoided even caffeine.

The New Prohibition's star power is only one of its virtues. It is also full of compelling insights from people who have experienced first-hand the failure of the War on Drugs. When a law enforcement official, a judge, or a mayor talks about the ruined lives, the corruption, the civil liberties violations, and the violent crime caused by Drug Prohibition, it forces people to sit up and take notice.

The writers' backgrounds and credentials guarantee that The New Prohibition will be full of interesting facts, quotes, and arguments. It is. Here are some highlights:

* On the Drug War's racism: "Of the 26.7 million Americans who recently used an illicit drug, 72 percent were white, 12 percent were black, 10 percent were Hispanic, and 6 percent were 'other.' But blacks constitute 36.8 percent of those arrested for drug violations and over 42 percent of those in federal prisons for drug violations." -- Former New Jersey police detective Jack Cole.

* Why drug laws are like gun-control laws: "Drugs became a national boogeyman, while individuals were reduced to helpless victims. In this sense the War on Drugs mirrored the gun-control movement's push to ban firearms, as both attempted to blame inanimate objects for the misdeeds of individuals." -- Congressman Ron Paul (R-TX).

* On the availability of drugs: "In 1975, 87 percent of youths said [marijuana] was 'very easy' or 'fairly easy' to obtain. Twenty-three years, millions of arrests, and billions of dollars later, 89.6 percent of adolescents said it was 'easily' obtained." -- Colorado U.S. District Judge John L. Kane.

* On the failure of the Drug War: "The War on Drugs, as far as I'm concerned, is our domestic Vietnam. It lacks rationale. It lacks a sound basis in policy. And it is time for a different direction." -- Former Baltimore Mayor Kurt Schmoke.

In addition to the "big-name" writers, The New Prohibition also contains essays from 14 anti-Drug War activists, Libertarians and scholars. Almost all are interesting and insightful.

For example, the Independence Institute's Mike Krauss and Dave Kopel paint a damning picture of how the United States' War on Drugs has devastated South American nations by funding communist rebels, destroying farmers' livelihood, spawning widespread corruption, and destabilizing governments. It's the best short history of U.S. anti-narcotic efforts in South America I've ever read.

Paul Armentano and Keith Stroup of NORML do a brilliant job of factually debunking the Drug Czar's claim that "nationwide, no drug matches the threat posed by marijuana." Boston University professor Jeffrey Miron offers an astute look at where liberal and libertarian arguments against Drug Prohibition overlap -- and how they differ. Criminal Justice Foundation Policy President Eric E. Sterling makes the innovative case that the Drug War is economically bad for businesspeople.

Jeffrey A. Singer, former spokesperson for Arizonans for Drug Policy Reform (ADPR), contributes a fascinating look at how that group drafted and successfully passed 1996's Proposition 200, which reformed the state's drug laws. Most interestingly, he reveals that ADPR conducted focus groups from which they learned that citizens thought the War on Drugs was a failure -- but that they also strongly opposed decriminalization. How the ADPR dealt with this paradox is necessary reading for any libertarian who genuinely wants to influence public policy.

I'd be remiss not to mention "My Arrest for Civil Disobedience" by the late LP activist Ron Crickenberger. The essay, about a 2002 medical marijuana protest, is funny, principled and wise. In short, it's all the things that makes so many libertarians (myself included) miss Ron, who died of cancer in early 2004.

What's not to like about the book? Well, Libertarians may be irritated at the policies some writers propose to replace the War on Drugs. Resist that urge.

Yes, Jack Cole wants the federal government to produce and distribute drugs, to eliminate the black market's inflated narcotics prices. (Despite the fact that they invented the $800 toilet seat, he thinks the feds would keep prices down. Interesting theory.) Kurt Schmoke wants to shift government money to "effective treatment programs." Ron Paul wants to let individual states, rather than the federal government, set drug policies.

However, even if some of the proposals fall well short of the complete legalization many libertarians favor, they mark a potential turning point in the Drug War debate. After all, when the argument shifts from "if" to "how," then we've won. The War on Drugs will be effectively over. All that will remain will be hammering out the terms of the Drug Peace.

The bottom line: The New Prohibition is an invaluable contribution to the growing library of anti-Drug War literature. It assembles what may be the most respected spokespeople, important perspectives, and compelling arguments of any book in the field. For the credibility of the anti-Prohibition movement, it represents a new high-water mark.

Cheech and Chong, Willie Nelson, Snoop Dogg, and Woody Harrelson, thank you for what you've done. Now please step aside. The torch has been passed.

- Published in the October 2004 issue of LP News -