Introduction
The War on Drugs is a government-led initiative aimed at stopping illegal drug use, distribution, and trade by increasing penalties, enforcement, and incarceration for drug offenders. It began in the United States in the 1970s, when President Nixon declared drug abuse to be “public enemy number one” and created the Drug Enforcement Administration (DEA) to target illegal drug use and smuggling. Today, the DEA has nearly 5,000 agents and a budget of $2.03 billion. The War on Drugs has been controversial, with some supporting its objectives and others claiming it has racist and political motives.
Although the War on Drugs was intended to protect the American people from the dangers of drug abuse, the War on Drugs has a history rooted in racism, as the campaign has disproportionately targeted and incarcerated people of color, particularly African Americans. They claim that the campaign has been used as a way to criminalize and control marginalized communities, and that it has done more harm than good. The harsh penalties and mandatory minimum sentences have resulted in the mass incarceration of nonviolent drug offenders, many of whom are people of color. Rather than addressing the root causes of drug addiction and drug-related crime, such as poverty, lack of access to education and healthcare, and the negative impacts of systemic racism, the War on Drugs criminalized people of color and increased the militarization of law enforcement, resulting in a range of negative consequences for Black and Brown communities.
Legislation
The Harrison Act, passed in 1914, regulated and taxed the production, importation, and distribution of opiates and cocaine. This law aimed to control the spread of these substances, which were becoming increasingly popular at the time. It introduced a tax on opium and coca leaves and required anyone involved in the production, distribution, or sale of these drugs to register and pay a fee.
In 1937, Congress passed the Marijuana Tax Act, which placed a tax on the sale of cannabis, hemp, or marijuana. While the law didn’t criminalize the possession or use of marijuana, it imposed heavy penalties if taxes weren’t paid, including a fine of up to $2000 and five years in prison. This law effectively made the possession and use of marijuana illegal. President Richard M. Nixon signed the Controlled Substances Act (CSA) into law in 1970. This law aimed to regulate certain drugs and substances and established five schedules used to classify drugs based on their medical application and potential for abuse. Schedule 1 drugs are considered the most dangerous, as they pose a very high risk for addiction with little evidence of medical benefits. Marijuana, LSD, heroin, MDMA (ecstasy), and other drugs are included on the list of Schedule 1 drugs.
The Anti-Drug Abuse Act of 1986 established mandatory minimum prison sentences for certain drug offenses. However, the law’s inconsistencies between sentencing for crack cocaine and powder cocaine offenses drew heavy criticism. The law created a 100-to-1 disparity between the amounts of crack and powder cocaine required to trigger certain mandatory minimum sentences. Five grams of crack cocaine could trigger an automatic five-year sentence, while it took 500 grams of powder cocaine to merit the same sentence. This disparity had significant racial implications as crack cocaine was predominantly used by black Americans, while powder cocaine was more commonly used by white Americans.
The policies led to a rapid increase in incarcerations for nonviolent drug offenses, and nearly half of the people serving time in federal prisons in the United States in 2014 had been incarcerated on drug-related charges. The disparities in sentencing between crack and powder cocaine offenses have been heavily criticized as unjust and racist, as they disproportionately affected people of color. Moreover, empirical evidence suggested that crack and powder cocaine are two forms of the same drug, with the only difference being the addition of baking soda and heat in the production process.
Despite the criticism, the law remained in place for many years, contributing to the high rates of incarceration for drug-related offenses that persisted in the United States for decades. Only until recently, the disparities in sentencing for crack and powder cocaine remained until the eventual reduction in 2010 with the passage of the Fair Sentencing Act, which aimed to address some of the injustices and racial disparities associated with the War on Drugs.
Mass Incarceration
The War on Drugs has resulted in mass incarcerations, with huge racial disparities in the number of people incarcerated. According to the NBCI, African Americans are 3.6 times more likely to be incarcerated than whites, despite self-reporting drug use rates that are about the same. This disproportionate impact on people of color is further illustrated by data that shows they are arrested for drug offenses at higher rates than whites and sentenced to federal prison for drug offenses at much higher rates. This has contributed to the U.S. having more than 20% of the world’s prison population, despite making up only 5% of the global population, according to the ACLU.
The impact of the War on Drugs on the incarcerated population is staggering. The number of incarcerated individuals has increased by 500% since 1970, with over 2 million people currently in jail or prison. Nonviolent drug convictions are a defining characteristic of the federal prison system, with almost half of those convicted individuals incarcerated because of a drug offense, according to the NBCI. In fact, drug arrests now account for a quarter of the people locked up in America. Despite spending trillions of dollars on the War on Drugs over the last 40 years, drug use rates have remained steady, while millions of people, disproportionately poor people and people of color, have been incarcerated and branded with criminal records that pose barriers to employment, housing, and stability.
Despite spending vast amounts of money and resources, the War on Drugs has failed to reduce drug use rates, and instead has led to the incarceration of millions of nonviolent drug offenders. The racial disparities and unjust sentencing practices in drug cases have contributed to the United States having one of the highest incarceration rates in the world, and highlight the need for reform in the criminal justice system.
Misconceptions: Ulterior Motives
The War on Drugs campaign, which started during President Nixon’s administration, has been surrounded by controversy since its inception. A 1994 interview with John Ehrlichman, Nixon’s domestic policy chief, provided insight into the ulterior motives behind the campaign. According to Ehrlichman, the campaign was created to target two groups that were seen as enemies of the Nixon administration: the anti-war left and black people.
Ehrlichman’s comments raise questions about Nixon’s true intentions in advocating for drug reform and suggest that racism may have played a role in the implementation of the campaign. Ehrlichman explained that by associating marijuana with the hippie movement and heroin with black people, the administration could criminalize both heavily and disrupt those communities. This would enable the government to arrest their leaders, raid their homes, break up their meetings, and vilify them on the news. Ehrlichman’s statement also suggests that the Nixon administration knowingly lied about the dangers of drugs, and that the campaign was not necessarily about protecting public health or reducing drug use. Instead, it appears that the campaign was driven by political motives, with the aim of gaining support from Nixon’s base by targeting groups that were seen as a threat to his presidency.
The revelations from Ehrlichman’s interview have led to criticism of the War on Drugs campaign and have raised concerns about the role of racism in shaping drug policy. The campaign has been widely criticized for its disproportionate impact on communities of color, with African Americans and other minorities being arrested and incarcerated at much higher rates than whites, despite similar rates of drug use.
Impact
The War on Drugs has had a profound impact on the United States, particularly on black Americans. The disproportionate rate at which black Americans are incarcerated in state prisons compared to white Americans is alarming. In 12 states, more than half of the prison population is black, and seven states have a black/white disparity larger than 9 to 1. The War on Drugs has had a significant role in these disparities, as drug laws have been used to target and criminalize black Americans.
While some progress has been made in recent years, such as the passage of the Fair Sentencing Act in 2010, the damage has already been done. Many former felons, who have completed their sentences, are still disenfranchised and deprived of their right to vote. The United States is the only democracy in the world to deprive its citizens of the right to vote after they have completed their sentences. This loss of voting rights fundamentally restructures political power and entrenches politicians who support and benefit from the War on Drugs policies.
The disenfranchisement of former felons, especially black Americans, has resulted in a significant loss of political power. In Florida, where even a minor drug offense can result in disenfranchisement, more than 200,000 African-American men (31% of all African-American men in the state) were barred from the 2000 election, and this trend continues. Today, 13% of all African-American men, or 1.4 million, are disenfranchised in the United States. The War on Drugs has perpetuated a unique form of American apartheid and a return to de facto racial subjugation, to Jim Crow in the name of drug policy.
It is crucial to acknowledge the impact of the War on Drugs and to take steps to rectify the damage it has caused. This includes reforming drug laws, ending disenfranchisement, and providing support and resources for those affected by the campaign. Without acknowledging the harm caused by the War on Drugs and taking action to correct it, the United States will continue to perpetuate racial disparities and injustice.
Learn More
If you’re interested in learning more about the War on Drugs, there are several resources available to you. David Farber’s book, “The War on Drugs: A History,” provides an in-depth look at the origins of the campaign and its impact on society. Michelle Alexander’s book, “The New Jim Crow: Mass Incarceration in the Age of Colorblindness,” examines how the War on Drugs has contributed to the racial disparities in the criminal justice system. For a more academic perspective, Elizabeth Kai Hinton, “From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America” delves into the policies and political climate that led to the growth of mass incarceration. By exploring these resources, you can gain a better understanding of the history and impact of the War on Drugs and the need for criminal justice reform.
References
- American Civil Liberties Union. “Racial Disparities in Sentencing: Submission to the Inter-American Commission on Human Rights.” https://www.aclu.org/sites/default/files/assets/141027_iachr_racial_disparities_aclu_submission_0.pdf
- American Civil Liberties Union. “The Drug War: A New Jim Crow.” https://www.aclu.org/other/drug-war-new-jim-crow
- Criminal Justice Programs. “War on Drugs: History and Facts.” https://www.criminaljusticeprograms.com/articles/war-on-drugs-history-and-facts/
- History.com Editors. “War on Drugs.” History.com, A&E Television Networks, 29 Oct. 2009, https://www.history.com/topics/crime/the-war-on-drugs.
- The Sentencing Project. “Capitalizing on Mass Incarceration: U.S. Growth in Private Prisons.” https://www.sentencingproject.org/publications/capitalizing-on-mass-incarceration-u-s-growth-in-private-prisons/#II.%20Trends%20in%20Privatization
- The Sentencing Project. “The Color of Justice: Racial and Ethnic Disparity in State Prisons.” https://www.sentencingproject.org/publications/color-of-justice-racial-and-ethnic-disparity-in-state-prisons/