Bob Newland's Testimony before the South Dakota
House of Representatives State Affairs Committee
in opposition to South Dakota Senate Bill 210.
March 1, 1999
 
Prior to testifying, Bob passed out
Eleven Accomplishments of the so-called War on Drugs
to the members of the Committee
 
Mr Chairman and Members of the Committee:
 
I'm Bob Newland. I'm a publisher. I live near Hermosa, 15 miles south of Rapid City. I'm here to speak in opposition specifically to Senate Bill 210, and generally in opposition to any bills which seek to increase sanctions already imposed for possession or sale of psychoactive substances.
 
I have several things to say, but I would like to challenge the committee to think about a couple of things while I'm talking.
 
First, I'd like someone to point out to me where in either of these two documents -- the Constitution of the united States of America or the constitution of the State of South Dakota -- where in here does it give government the authority to prohibit, or even to regulate behavior which affects only oneself or other consenting informed people?
 
Second, I'd like someone to exemplify one single solitary benefit of over 100 years of governmental policies in regulating, criminalizing, taxing or prohibiting pyschoactive substances. These policies have coalesced and accelerated since about 1965 in what was officially declared a "War on Drugs" in 1968. My question, again, is, "Can anyone point out any benefits, even one, after over a century of fighting the fruit of plants God placed here on Earth for our benefit, and after nearly a trillion dollars in expenditures?"
 
I shall list eleven accomplishments of the so-called "war on drugs --- all massively destructive.
 
Accomplishment #1
The "war on drugs" has created more drug users than before it was inceived.
 
Accomplishment #2
The "war on drugs" has made heroin, cocaine, hemp, and now amphetamines more available to more people than they were before war was declared.
 
Accomplishment #3
The War on Drugs has steadily lowered the age at which people first experiment with drugs.
 
Accomplishment #4
The War on Drugs has created jobs --... in law enforcement, prison construction, corrections personnel, and snitches.
 
In South Dakota, there are currently about 2300 people in prison. About 60%, or 1380 of them, are there for sale or possession. At $25,000 per prisoner, that's $34,500,000 per year of tax revenue used to keep them there. That's about 5% -- 1/20 -- of the entire amount of revenue raised by taxes and fees in South Dakota. The legislature sometimes spends days trying to scrape up just $4 million to make ends meet.
 
Accomplishment #5
The War on Drugs has made thousands of the most vicious people on earth extremely wealthy. In a perverse sense, the drug war is a price-support program for drug dealers, since the price of illegal drugs on the street is about 90% driven by the risk factor. And every time a dealer is arrested, that's a job opening for someone else, often someone more vicious.
 
Accomplishment #6
The War on Drugs has interfered with the relationships between patients and their doctors.
 
Accomplishment #7
The War on Drugs has stripped back the covers of personal and financial privacy from the lives of peaceful honest people.
 
Accomplishment #8
The War on Drugs has virtually erased the fourth, fifth, ninth and tenth amendments to the Constitution, and has badly blurred the script on the rest.
 
Accomplishment #9
The War on Drugs promotes massive corruption at all levels of law enforcement and government.
 
Accomplishment #10
The War on Drugs promotes violence. When was the last time anyone here heard of rival liquor store owners shooting it out? Probably about 1933, when the Volstead Act was repealed.
 
Accomplishment #11
The War on Drugs has destabilized and/or toppled every governments the Western Hemisphere south of us.
 
 
 
If the so-called "war on drugs" were merely an ill-conceived, inefficient, counterproductive waste of money, it would simply be another government program, a yawner. But a smidgeon of benefit to society can be found in most government programs, and this is what makes the so-called "war on drugs" different.
 
Everything about the "war on drugs" is destructive. There is nothing beneficial about it. And every time the strictures of regulation, prosecution, and incarceration are tightened, the negative effects are magnified.
 
To pursue a policy so clearly demonstrable to be destructive, having been made aware of its destruction, when no benefits accrue, can only be characterized as evil.
 
Legislators of good will, from every part of this nation, inceived and promulgated the so-called "war on drugs", acting on bad advice from thugs and shysters with evil agendas. Now, it's plain they made a mistake. We all make mistakes. The better among us, when we see we were wrong, admit we were wrong and attempt to make it right.
 
 
Let's start from where we probably all agree -- that it would be preferable if fewer people used psychoactive substances regularly. That it would be preferable to reduce the number of assaults, burglaries, petty thefts, and murders. That it would be preferable to have room in prison to incarcerate people who steal from, hurt, or defraud people, while not having to double prison space every three years. That it would be preferable to have the medical benefits from all sources available.
 
Knowing that a policy of criminalization, prosecution and incarceration produces more drug use, burglaries, and murders, AND that it prevents sick people from taking advantage of the curative and palliative effects of some drugs, then we know we MUST take another tack. This can be likened to driving an unknown road. We don't know why we're driving down this road. We don't know our destination. We've simply been told that when we get there, no one will ever do anything harmful to himself. However, the road keeps getting rougher, and it keeps getting later, so we have to go faster. The road is now so rough that fenders and hubcaps are falling off our car. What would a sane car owner do?
 
She'd stop. She'd observe that no one had driven this road lately. In fact, she'd notice that there really was no road at all. She'd reflect on the promise that this road would lead to no one ever doing harm do himself or herself. She'd think that maybe that promise was a little too optimistic. She asks us, her passengers, what we think. Only her husband objects to asking for directions. "I have a map here, drawn by the governor," he says. "It says there's a road."
 
The obvious tack, of course is to reverse course, not to increase our speed. To work our way back to where the road is a little smoother. To see if we missed an easier, safer route along the way. The governor, however, would have you put the pedal to the metal, damn the washouts. After all, it's not his car. It's the peoples' car. And, like the irrational drug warriors before him, he can simply say, after SB 210 takes effect and demonstrates its folly, "You never gave me enough money, you never gave me enough guns, you never gave me enough dogs, you never gave me enough cops, you never gave me enough prison cells for me to stop people from choosing to do something which might harm them." And he, or someone else just like him, will ask for an even stricter law.
 
Many obvious analogies to the Vietnam War are evident in the so-called "war on drugs". There's a body count -- for example, 695,000 arrests for hemp violations last year alone, one every 45 seconds. There's the lack of a discernable goal. What is it? Is it to get people to stop doing things which might harm them? Is that reasonable? And, of course, there's the brute force aspect of our field work. In Vietnam, it was as simple as this, we tried to make people stop being communists by dropping bombs on them, and by shooting them. We lost.
 
I happen to believe that no prohibition law can work. Never has one worked. All attempts at substance, firearms, information, or any other form of prohibition have led to results exactly opposite to those hoped for.
 
We know what damage prohibition laws have caused in our history. We have inescapable evidence of what the current policies are doing to us. The only sane thing to do is to decriminalize sale and possession of all currently-illicit substances.
 
Then the law-enforcement community and the courts can concentrate on deterring and punishing crimes of force and fraud, tasks at which they are far more effective.
 
Yet, I'm pragmatic enough to know that total abolition of prohibition laws is some distance down the road. Therefore, I think that we must simply resist the misguided and evil cajoling of politicians to increase sanctions for possession and sale. Slow the car. Stop it. Then turn it around and head back.
 
Six states passed laws, which lessened the sanctions for possession or sale of hemp, by public referral last fall. Minnesota, North Dakota, Alaska, Hawaii and Virginia have all passed resolutions asking the federal government to ease its restrictions on hemp as an agricultural product. Evidence mounts that hemp has a wide variety of medical applications, and that it is absolutely the safest palliative known to man. No evidence exists that anyone has ever died of an overdose caused by ingestion of hemp in any manner. Contrast that with the 106,000 deaths last year caused by unexpected side effects to government-approved drugs administered by government-approved doctors. Or with the approximately 16000 people who die each year from unexpected effects of aspirin and ibuprofen, both over-the-counter government-approved drugs.
 
In fact, using figures from the Centers for Disease Control, the National Center for Health Statistics, and the Journal of American Medical Association, in 1995, smoking tobacco accounted for accelerated mortality in about 419,000 people, and alcohol killed about 150,000 (not counting 50% of highway deaths and 65% of murders). Accidents killed 94000, and homicide took 21000 lives. All of the illicit drugs combined killed about 5200 people. Hemp, or marijuana, if you will, killed no one.
 
SB 210 will create nothing of benefit. I retract that. It will provide great opportunities for those who invest in, or who build things of, steel and concrete, and for those who make their careers penning people up.
 
It will also increase theft, murder, drug use, and taxes. To vote for this bill, having been made aware of its potential, having the evidence before you of its evil lineage ... to vote for this bill is an act of evil.
 
I thank the committee for this time, and I am prepared to defend my allegations, assertions and suggestions.
The Chairman of House State Affairs, Steve Cutler, said, "I think it's a bit of a stretch to ascribe all those bad things to the War on Drugs." Other than that, no comment was made, no questions asked. SB210 carried, 8-5, in this committee. It had already passed the Senate. It died, 40-29, on the House floor, with some of the positive votes in this committee turing against it. Strange.
 
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