The War on Drugs: Why Incarceration Fails to Stop Crime and Addiction

America’s current policy on drugs does not discourage drug use; it only punishes it. In fact, our current policy fosters drug use. First, to support their habits (which the government is not helping and worsening), a staggering number of poor addicts turn to burglary, robbery, and violence to support their practice. According to the Bureau of Justice Statistics and crime facts:

“Overall, 10% of Federal prison inmates in 1991, 17% of State prison inmates in 1991, and 13% of convicted jail inmates in 1989 said they committed their offense to obtain money for drugs.” 1 

The illegality also makes drugs less available and harder to find. Some may see this as a virtue, but for an addict, this consumes their life. Constantly worrying about the next fix and the money to afford it, they spend all their time locating and affording the drug, leaving no time for work or any other constructive activity. 

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This is what turns addicts to burglary, theft, and crime... to support their habit. The aim from the beginning is not to hurt people but to alleviate the strain of addiction that the government and society only antagonize. The Bureau of Justice Statistics confirms this finding by stating: 

“Inmates who committed homicide, sexual assault, assault, and public-order offenses were least likely to commit their offense to obtain money for drugs. The illegality of drugs consumes lives and turns addicts to crime, not the drug itself. 

Therefore, America’s drug policy fosters theft and violent crime. They do this by not only refusing to rehabilitate addicts but by overwhelming and overflowing the American criminal justice system and prisons. According to the Bureau of Justice Statistics “drug offenders account for 61% of sentenced inmates in Federal prisons in 1993, up from 38% in 1986 and 25% in 1980. The proportion of drug offenders in State prisons increased from 9% in 1986 to 21% in 1991. The proportion of drug offenders in local jails increased from 9% in 1983 to 23% in 1989.” 2 

This increase in drug-related prison population is directly due to three-strike laws and minimum sentencing for non-violent drug offenders implemented by the Regan administration. Non-violent drug offenders now often receive harsher penalties than murderers, rapists, and serious white-collar criminals. 

“A cocaine supplier, Gary Fannon… received a sentence of life without parole. Larry Singleton raped a teenager, hacked off her arms between the wrists and elbow, and left her for head in the desert. He received the 14-year maximum sentence and served only eight years.” 3

On average, drug offenders receive an average of 60 months behind bars, which is five times the average 12-month-sentence for manslaughter convicts. Conservatives like Michael Quinlan, who was the director of the Federal Bureau of Prisons under Reagan and Bush, have had enough. “They’re locking up a lot of people who are not serious or violent offenders … that brings serious consequences in terms of our ability to incarcerate truly violent criminals,” said Quinlan. 4 

America incarcerates more people than any other nation on earth. This is directly due to America’s drug policy. American citizens are becoming a nation behind bars because of non-violent drug offenses. Due to this, prison spending has exploded, and every dollar spent on incarceration takes away from rehabilitation and education programs. 

The current system is a major motivation for the poor and underprivileged to sell drugs. There is an enormous amount of money to be made selling illicit drugs, and the activity provides more money and resources than a job for a lower-class worker with minimal education ever would. As Joseph Kane puts it from the article, The Challenge of Legalizing Drugs, “on my block, for example, kids who work in supermarkets or McDonald’s are considered 'chumps.” Who would work for $120 a week when they can earn $300 per evening?” 

Most Americans promote police enforcement and incarceration as a solution to the trafficking, use, and abuse of drugs. For all extensive purposes, this model has failed the American public for decades now. Those who sell and push drugs often do so because of addiction and the monetary reward that comes from doing so. The questions about legality, morals, or consequences never come up in the minds of those who sell drugs. Most of these individuals haven’t had enough education to understand the law, the ramifications for such actions, or what morals really are. 

Incarcerating drug traffickers not only ignores situational factors, poverty, and addiction, but it also removes a drug dealer who can easily be replaced within the next few days. Often, police only bust small operations, never reaching the main supplier. If the main supplier is apprehended, the entire illegal drug/black market infrastructure still remains. 

Removing leadership or any position, for that matter, in the drug-trafficking structure only provides a job opportunity for someone else to take the leadership role. If you incarcerate a murderer or rapist, that is one less murderer or rapist on the street. However, if you incarcerate a drug trafficker, you open up a job opportunity. 

If you incarcerate a drug user, you are only punishing the behavior, which doesn’t help addiction or the user. The system America has created for stopping drugs is not working. The War on Drugs cannot be won through the means in which America is using. Some in the industry, like Rober Sweet, understand: “We put millions of drug offenders through the courts … but we’re not affecting the drug trade, let alone drug use."

1. Office of National Drug Control Policy. “Drugs and Crime Facts, 1994.” Bureau of Justice Statistics. <www.ojp.gov> p.8

2. Office of National Drug Control Policy. “Drugs and Crime Facts, 1994.” Bureau of Justice Statistics. <www.ojp.gov> p.21

3. Shenk, Joshua Wolf. “Why you can hate drugs and still want to legalize them.” Washington Monthly. Oct. 1995. 23 March 2007.

4. Shenk, Joshua Wolf. “Why you can hate drugs and still want to legalize them.” Washington Monthly. Oct. 1995. 23 March 2007.

5. Shenk, Joshua Wolf. “Why you can hate drugs and still want to legalize them.” Washington Monthly. Oct. 1995. 23 March 2007.

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