# Lentis/The War on Drugs
## Introduction

The war on drugs is a global campaign led by the U.S. federal government aimed at reducing the illegal drug trade through the use of drug prohibition and military intervention. The term was first used in 1969 by Richard Nixon but was popularized by him in 1971 during a speech to Congress about drug abuse. At this time, the Vietnam War led to high rates of heroin addiction among servicemen. As a result of increasing drug usage in America, Nixon claimed that drug abuse is “public enemy number one” and created the Drug Enforcement Administration (DEA) in 1973 to combat drug crimes.
In 1980, Ronald Reagan used “the War on Drugs” as a campaigning method, and once elected, implemented stricter regulations on drug trafficking. This caused the price of drugs to increase (specifically cocaine), leading to the invention of “crack”, which is a cheaper, smokable form of cocaine. During his second term, President Reagan signed the Anti-Drug Abuse Act, which defined mandatory minimum sentences for drug offenses and allocated $1.7 billion to the War on Drugs. A mandatory minimum is “a sentence, created by Congress or a state legislature, which the court must give to a person convicted of a crime, no matter what the unique circumstances of the offender or the offense are.” These mandatory minimums have created disparities in sentencing for different socioeconomic and racial groups (see Racial Disparity and Disproportionate Incarceration Rates section). Collateral consequences were also faced by those convicted of drug crimes. These are additional state-level civil penalties attached to a criminal conviction such as loss of ability to purchase a firearm, loss of eligibility for food stamps, loss of eligibility for Federal Student Aid, loss of ability to live in federal housing, loss of ability to vote, and deportation.
Under President George H.W. Bush, the Office of National Drug Control Policy (ONDCP) was formed in 1989 and the position of “Drug Czar” was created, which was originally a term coined by Nixon. The Drug Czar was promoted to a cabinet-level position by President Clinton in 1993. In 1995, the U.S. Sentencing Commission acknowledged disparities between crack and powder cocaine sentencing, but Congress overrules recommendations that would make sentencing more equitable. As a result, by the 21st century, the U.S. accounts for 25% of the world’s prison population, with approximately 20% of the prisoners serving time for drug offenses. The War on Drugs has been coined “the new Jim Crow” because of the mass incarceration of people of color in the United States.
Since 1971, the United States has spent around $1 Trillion enforcing policy created as part of the larger war on drugs. In 2022 alone, nearly $40 Billion was allocated and spent on the war on drugs. In 1989, George H.W. Bush held a bag of crack cocaine during his first address from the white house, stating that the war on drugs would be a primary focus during his time in office. Nixon had previously stated that drugs were "public enemy number 1" at the onset of the war on drugs. Despite this heavy funding and focus on policy toward combating drug use, in 2021, a Gallup poll found that nearly 2 out of every 3 Americans considered drug use "extremely" or "very dangerous" today, indicating that the problems claimed to be addressed by the war on drugs and its associated legislation still persist in the United States today.

## U.S. Policies
### Law and Order Campaigning

Both during his 1968 election campaign and during his first term in office, Richard Nixon utilized messaging and platforming to advocate for “law and order”. This “law and order” messaging was an appeal to several majority-white social groups in the United States at the time to vote for and support conservatives, such as Nixon. The Nixon campaign leveraged this messaging to gain support from not only the wider white majority, but also several discrete sections: conservatives in his base, disaffected democrats, and blue-collar European immigrants, who largely lived in close proximity to low-income, inner-city black neighborhoods. By using “law and order” messaging, Nixon hoped to improve his leadership image with voters by demonstrating what he saw as strength of purpose and attentiveness to public will. “Law and Order” ploys were overall limited in their success, at least for Nixon; however, this helped pave the way in the American political system for others to utilize similar appeals to the majority for stricter laws regarding drugs and those who use and distribute them, ultimately continuing the war on drugs.

### Controlled Substance Act of 1970

The Controlled Substance Act is the start of the Nixon administration attempting to control the possession and distribution of certain drugs and substances. All substances that are regulated by the government were categorized into one of five schedules. Of the five schedules, schedule one denotes drugs that were deemed highly addictive and destructive. Examples of substances classified under schedule one include Marijuana, LSD, Heroin, MDMA (Ecstasy).

### Comprehensive Crime Control Act of 1984

Comprehensive Crime Control Act of 1984 was passed by the Reagan administration in an attempt to take the War on Drugs a step further. In this act, penalties for the cultivation, possession, and transfer of marijuana increased. Also, mandatory minimum sentencing was established as well as the elimination of federal parole.

### Anti-Drug Abuse Act of 1986

Signed into law by President Ronald Reagan, the Anti-Drug Abuse Act of 1986 established the disparate treatment of powdered and crack cocaine. Creating a 100:1 disparity, this act put in place a five-year minimum sentence for the possession of both 5 grams of crack cocaine and 500 grams of powdered cocaine.

### Growing Support for Reform

A large 2021 survey found that 83% of Americans across the political spectrum believe the War on Drugs was a failure. It even found that at least 60% of Americans support some kind of reform for kinder sentencing. In addition, Americans now support legalization of marijuana for medical and recreational purposes; in fact, only about one in ten American adults think marijuana should be illegal altogether. As of December, 2024, 38 US states have legalized marijuana for medical use and 24 states have allowed also for recreational use; a number of states have enacted efforts to decriminalize marijuana use by lowering the enforcement priority for possession-related drug charges. Despite research in the 1950s and 60s indicating clinical value and beneficial use of LSD and psilocybin, the sitting congress yielded to the contemporary sentiment of moral panic when setting these drugs as schedule I in in the Controlled Substance Act of 1970. Despite the continuing war on drugs, efforts to legalize marijuana, psychedelics, and other currently illegal drugs continue in many states today.

## Efficacy of the Drug War

Nixon stated the purpose of the War on Drugs was to combat drug crime. In 1982 the number of drug arrests was approximately 83,000. Steadily growing throughout the decades the arrests drug arrests have now increased more than 10x. In 2022 the number of drug arrests was over 900,000 (previous years had been as much as 1.5 million). Through the Comprehensive Crime Control Act and Anti Drug Abuse Act, the Regean administration hoped to discourage drug abuse by further criminalizing possession of marijuana. Despite stricter law enforcement, drug overdoses rose over 5x from below 20,000 in 1999 to about 111,000 in 2022.
Despite being listed as a schedule 1 drug, marijuana hasn’t been a fraction of a percentage of drug overdoses, but was 30% of total arrests in 2022. That same year opiates accounted for almost 76% of overdose deaths. 88% of the opiate deaths are from synthetic opioids like fentanyl. And those synthetic opioids are classified as schedule 2 drugs, technically categorizing them as less dangerous than cannabis.

## Racial Disparity and Disproportionate Incarceration Rates

Many different racial minorities were negatively impacted by discriminatory policies enacted during this time. Specifically, those from the Black and Latinx communities have been primary targets of anti-drug policies and rhetoric. Although statistics prove that they use drugs at approximately the same rates, People of Color are 2.5 times more likely to be arrested for possession. In turn, mandatory minimum sentencing and escalating laws led to mass incarceration rates for the Black and Latinx communities. Overall, almost 60% of people incarcerated in state prisons, and nearly 80% of people incarcerated in federal prisons for drug offenses are Black and Latino.
Additionally, the war on drugs has exacerbated many of the factors that negatively impact health and well being, disproportionately impacting low-income communities and people of color who already experience structural problems such as discrimination and disinvestment. A ‘drug war logic’ that justifies drug prohibition, criminalization, and punishment has allowed for the expansion of drug surveillance and control mechanisms in numerous facets of everyday life in the United States, negatively impacting key social determinants of health, including housing, education, income, and employment. This shift has enabled a new social dynamic where the front line enforcers of the war on drugs are not only police, but also physicians, nurses, employers, and landlords, among others.

### Black Community

Black Americans only comprise 13% of the U.S. population, however, they comprise nearly 40% of those incarcerated in state or federal prisons for drug law violations. Due to the media frenzy on the unsubstantiated crack epidemic in the black community, the government was prompted to pass laws against crack cocaine. The 100:1 disparity between crack and powdered cocaine makes the false distinction between the two clear given the statistics. Powdered cocaine is more commonly used by white people while crack cocaine, often known as the cheaper alternative, is dealt primarily by Black people. As a result of the establishment of the difference, U.S. prisons were filling up and incarceration rates were skyrocketing. By 2001, over 80% of federal crack defendants were black.
The manner in which drug laws were being enforced heavily impacted the Black community. Due to the U.S Supreme Court Case Terry v. Ohio, police officers were given the power to stop an individual for a pat-down search if the officer had reasonable suspicion that said individual is engaged, or about to be engaged, in criminal activity. This has resulted in a massive racial profiling issue as People of Color are more likely to be stopped, searched, and arrested by the police. For example, in 2019 in New York, out of all of the reported stop-and-frisks, 66% of those individuals were innocent and 59% were Black. The 2013 court case Floyd v. City of New York ruled that New York City violated the Fourth Amendment, which protects citizens from unreasonable searches and seizures.

### Latinx Community

Similarly, the Latinx community comprises only 17% of the U.S. population, but they represent almost half of all cases in federal courts for drug offenses, specifically marijuana. Cannabis has been in the process of being decriminalized since 1996. Colorado laws legalized marijuana for recreational use and sales in 2012. However, In 2013, simple marijuana possession was the fourth most common cause for deportation. Today, the U.S. has created the largest immigrant exclusion, detention, and deportation structure in the world.

### Addressing Disparities

Recent administrations have set agendas to rectify these racial disparities. In 2010, the Obama administration passed the Fair Sentencing Act, which reduced this disparity from 100:1 to 18:1. In 2022 and 2023, the Biden administration enacted presidential proclamations for marijuana related charges. Specifically for the Proclamation 10688 of December 22, 2023, federal convictions for "simple possession, attempted possession, and use of marijuana" were unconditionally pardoned. Directly addressing the long lasting effects on unfair enforcement in the proclamation itself, "As I have said before, convictions for simple possession of marijuana have imposed needless barriers to employment, housing, and educational opportunities." The 2022 Proclamation also urged state governors to enact pardons for state level marijuana charges. The most outstanding example of which is Oregon, where over 47 thousand convictions were thrown out.

## Participants
### Private Prison Companies

Since the early stages of the War on Drugs, incarceration rates in the U.S. have nearly tripled to 800 prisoners per 100,00 people. This has led to overcrowding and funding issues for government owned prisons. In response, many local and state governments have formed contracts with private companies to manage and run prisons. Private prisons are utilized in 27 states, including Montana where nearly half of the total prison population is housed in private facilities. Since 2000, the portion of the United States prison population being housed in private prisons has risen by 5%. As of 2022, private for-profit prisons incarcerate roughly 8% of the total state and federal prison population in the United States.
CoreCivic, formerly known as Corrections Corporation of America, is one of the largest private prison corporations in the world. It currently operates over 65 correctional facilities with yearly revenues of over $1.7 billion. Private prison companies, like CoreCivic, have faced a wide variety of legal issues, ranging from inadequate staffing to poor treatment of inmates. A 2013 lawsuit filed on behalf of the inmates at East Mississippi Correctional Facility (EMCF) describes the facility, a for-profit private prison, as being run in a manner that is greatly detrimental to the health and well being of its inmates. EMCF is alleged to operate the prison “in a perpetual state of crisis,” where prisoners often face “grave risk of death”. Another case filed by the ACLU involving the CoreCivic-run Idaho Correctional Center(ICC) describes a facility plagued by inadequate staffing, deliberate indifference by officials, and a reliance on violence as an enforcement tool; in 2016, a federal court upheld a contempt order against ICC for not upholding terms of a settlement agreement reached in this case in 2013. Facilities like EMCF and companies such as CoreCivic have done little to address these concerns or to change their practices, leading to state and local governments attempting to terminate their contracts and take back control of the prisons.

### The Communities Being Affected

Community members feel the policing and enforcement policies used during the War on Drugs were excessive and targeted, particularly towards black Americans. A member of the community stated that "they're spending so much money on these prisons to keep kids locked up, they don't even spend a fraction of that money sending them to college or some kind of school." Despite this disapproval of federal spending, the national drug control budget is expected to hit a historic high of $41 billion in 2022. This had led community members to believe that the War on Drugs, and its disastrous effects, will not be over anytime soon.
Another social group greatly affected by the war on drugs are at-risk families. The Child Welfare System in the United States has largely transitioned to a punitive approach to suspected child maltreatment that emphasizes the removal of the child rather than giving support to the family to improve the situation. Considering that any parental drug use is often deemed child maltreatment, this has led to the separation of many families. This practice became much more common beginning in the 1980s when Ronald Reagan began referring to the caricature "welfare queen" and the media perpetuated myth of the "crack baby" garnered widespread attention, and was exacerbated when legislation under President Clinton's administration directed welfare agencies to prioritize removal of parental rights and adoption over working to keep the family unit intact. Punitive treatment of parents who use drugs and the utilization of drug war logic by governmental agencies has ultimately led to more children in the foster care system and the destruction of relationships between parents and children that could have ultimately been mended under different circumstances.

### Advocacy Groups

Advocacy groups range from broad international organizations, like the Global Commission on Drug Policy, to more specific groups such as the National Harm Reduction Coalition and the Multidisciplinary Association for Psychedelic Studies (MAPS). These organizations oppose the punitive tactics of the War on Drugs and advocate for a public health-centered and rehabilitative approach to drug policy. The Global Commission on Drug Policy asserts that “putting health and community safety first requires a fundamental reorientation of policy priorities and resources, from failed punitive enforcement to proven health and social interventions,” reflecting their emphasis on harm reduction and evidence-based strategies for addressing drug-related issues.
One of the most notable shifts in recent years has been the increasing advocacy for marijuana legalization. Groups like Students for Sensible Drug Policy (SSDP) and the Drug Policy Alliance promote the decriminalization and regulation of cannabis to reduce incarceration rates and address racial disparities in drug enforcement. SSDP supports legislative efforts aimed at adult-use legalization, medical marijuana access, and social equity programs that provide opportunities for those disproportionately impacted by marijuana prohibition. As of 2024, 24 states in the U.S. have legalized recreational marijuana, highlighting the tangible impact of such advocacy. However, persistent challenges, such as the proliferation of unregulated cannabis markets, demonstrate the ongoing need for robust policy frameworks to ensure the success of legalization efforts.
Parallel to marijuana reform, advocacy for the therapeutic use of psychedelics has gained momentum. MAPS, founded in 1986 by Rick Doblin, has been instrumental in advancing research on substances like MDMA, psilocybin, and LSD for mental health treatments. MAPS sponsors clinical trials to investigate the efficacy of MDMA-assisted psychotherapy for conditions such as PTSD, with promising results leading to a New Drug Application submission to the FDA in 2023. In addition to clinical research, MAPS engages in public education and policy reform to promote the integration of psychedelic therapies into mainstream medicine. Their work has influenced local decriminalization efforts, such as those led by Bay Staters for Natural Medicine in Massachusetts, where cities like Somerville and Cambridge have decriminalized natural psychedelics.
Further, advocacy groups play a crucial role in funding harm reduction programs. The National Harm Reduction Coalition provides grants to local drug treatment facilities and supports initiatives like needle exchange programs and overdose prevention sites. These programs aim to reduce the negative health consequences associated with drug use, offering a humane alternative to punitive enforcement. Advocacy groups also engage in lobbying efforts to push Congress to reconsider current drug policies. For example, organizations like the Drug Policy Alliance actively campaign for the repeal of mandatory minimum sentencing laws and advocate for policies that prioritize treatment over punishment.
Collectively, these advocacy groups are reshaping the conversation around drug policy. By promoting evidence-based interventions, harm reduction, and therapeutic research, they challenge the traditional punitive approach of the War on Drugs and advocate for policies that prioritize public health, social justice, and individual rights.

## Conclusion

The War on Drugs remains a continuous issue as many of the laws enacted during the 1980’s and 1990’s are still in effect today. The United States still has the highest incarceration rate in the world and Black Americans are still arrested at higher rates. In the future, it may be helpful to extend this research to include the use of the term “war” and the effect the use of this metaphor has on the participants. Additionally, as the philosophy on how to deal with drug abuse is ever changing it may be helpful to include updates on new legislation that is passed and developments in the areas of rehabilitation and treatment.

## References

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