Category Archives: Drug War

Domestic Enemies

It is with not without an enormous amount of irony that mere days after this country celebrated Memorial Day – the day upon which we honor the fallen soldiers who selflessly gave their lives to protect our freedom – that we learn of yet another way their sacrifice was for nothing. The enemies of freedom are no longer foreign – they are domestic. To wit, a Georgia couple recently lost custody of their son after it was discovered they had been giving him marijuana to treat his seizures. Stated differently: armed men forced their way into someone’s home and kidnapped a child because a roomful of (mostly) men hundreds of miles away think it is bad to inhale smoke from a burning plant. The marijuana had kept him seizure free for 71 days, but since having been “saved” by the state his daily seizures (up to 10 a day) have returned. But hey, what’s the suffering of a child when compared to the public good of knowing someone somewhere is not inhaling microscopic particulate matter. But it gets even better. Not only was their son kidnapped by the state, but they are also now facing criminal charges (reckless conduct), for you guessed it, a victimless crime. Indeed the state action has created victims where there were none previously. The arresting officer in Twiggs County defended his actions, saying, “It is my duty to enforce state law.” Yes – “I was just following orders” – music to the ears of every totalitarian regime that craves an army of mindless automatons that can’t figure out right and wrong for themselves.


The arresting officer in Twiggs County defended his actions, saying, “It is my duty to enforce state law.” Yes – “I was just following orders” – music to the ears of every totalitarian regime that craves an army of mindless automatons that can’t figure out right and wrong for themselves.


The sad reality here is that the parents would not have had to obtain “illegal” marijuana if the state of Georgia allowed them access to the legal THC oil they needed. It is actually legal in Georgia to possess and use low THC oil – but only if you have a state-issued medical card…which has a six-year waiting list (naturally). But even if you somehow manage to get one of these Willy Wonka golden ticket of a medical card, there is nowhere to obtain said oil in the state of Georgia. Its sale is illegal. Its importation is illegal. But if the stork magically drops it from the sky onto your front porch then you’re golden.This is what snarky good ol’boy lawmakers do when they think they’re being oh so clever – they can satisfy two sets of constituents simultaneously. They can claim to be looking out for those in pain who need help while simultaneously claiming to be “tough on drugs”. As the parent of a child who suffered through a period of epileptic seizures when young all I can say is these folks did what any decent parent would do – whatever it takes to alleviate the suffering of their child. They should be commended, not vilified. To the lawmakers in this state who continue to obstruct access to ANY substance that will alleviate suffering, all I can say is that you are vile and despicable monsters. Anyone who would consign their fellow man to unyielding pain in order that their own peculiar notion of propriety is satiated is a callous barbarian unworthy of being permitted any engagement in civil society let alone the respect they so openly crave.

Anyone who would consign their fellow man to unyielding pain in order that their own peculiar notion of propriety is satiated is a callous barbarian unworthy of being permitted any engagement in civil society let alone the respect they so openly crave.

In a country that purports to be the shining city of freedom on a hill there sure is a colossal lack of freedom here. How does the state despoil freedom? Let me count the ways: civil asset forfeiture, criminalization of all manner of victimless “crimes”, conversion of liberties into licenses necessitating bureaucratic permission to regain what was stolen, formerly forced disassociations, now forced associations, forced labor (jury duty), theft of income and assets (taxation) at levels vastly above that which would be paid to fund basic services in a voluntary model, a quagmire of rules that citizens must follow to simply reenter their own country, the 100 mile “liberty free zone” around the US border where not even citizens are immune to the potential 4thamendment abusing CPB agents.Events like this should open all of our eyes to the reality that we are not free. Constraining your actions to fall within the scope of rules established by those with no authority to establish them does not make you free. Even slaves are “free” by that standard. Rules are only legitimate when there is consent. Voting is not consent. Just because the mafia lets me vote for the new mob boss doesn’t mean I consent to their purported authority over me. If slaves got to vote for the nice slave master or the mean slave master it does not somehow legitimize their condition of servitude. If the exercise of a freedom impacts another then as long as there is consent there can be no legitimate boundaries.

Tyranny of the Do-Gooders

In 2012 Jeffrey Dallas Gay, Jr. (age 22) died of an overdose of prescription drugs. There is little more tragic than death resulting from something so easily preventable. As a parent the instinct is strong to stamp from the face of this earth that which our child became entangled in. But just as setting a national 5 mph speed limit would be a counterproductive response to death by automobile accident, so too are the knee-jerk reaction of legislators when faced with these sorts of drug related tragedies. Senate Bill 81 was recently introduced into the Georgia General Assembly with the stated goal of trying to eliminate opioid overdoses. As with all such intrusions by the state into the lives of individuals, it leaves in its wake the collateral damage of individual lives sacrificed on the altar of the greater good.

The bill preamble first cites a scary-sounding decontextualized statistics (that roughly 30,000 die annually from opioid overdose – context: 0.008% of the US population) it then moves headlong into the “solution.” Now, if 30,000 people a year were dying because some enemy was lobbing bombs at US cities, then yes, the government should do something about that. But we aren’t dealing with an external foe, rather an internal one, ourselves. Laws on gambling, prostitution, drugs, alcohol, compulsory health insurance, etc. all share in common the well-intentioned desire to protect us from ourselves. But such laws undermine the very idea of a free nation built on individual rights. Do you sell your soul to save your life?

SB 81 purports to solve, or at least mitigate, the opioid “epidemic” by limiting first time opioid prescriptions in the state of Georgia to no more than a 5 day supply. Additionally every pharmacist is required to log all such prescriptions into a statewide database (cough, Big Brother, cough) so usage can be tracked to prevent someone buying “too much” (whatever that may be). Just as someone today can hit a wall if they try to buy “too much” Sudafed so too will the unintended consequence be that some must suffer in agonizing pain because their prescription is “too much” under the eyes of “the law.” But hey, who cares about individual suffering if we think our policy might help someone. What’s next, tracking our grocery purchases to be sure we aren’t “abusing” our bodies by buying the food that makes us less healthy and leading to higher health care costs? The greater good of “public health” would surely allow for such reasoning. Yes, laugh now, but it’s coming one day.

Of course these legislators want their cake and eat it too. The paragraph stipulating no more than a 5-day supply is quickly followed by a paragraph supporting the right of a physician to prescribe whatever they deem medically necessary. So once again politicians get to bask in the limelight of “doing something” while not actually doing anything other than adding yet another layer of bureaucracy for doctors who are already over-burdened with a mountain of regulatory paperwork they have to comply with from the local, state, and federal level.

The sad fact that no one wants to face is there no way to solve the opioid overdose problem other than getting people to follow the prescription on the bottle. And that’s not going to happen because people are people and some people just can’t follow directions. People “abuse” antibiotics as well by doing the reverse, not taking enough. This promotes antibiotic resistance. Indeed, nearly as many people (23,000) die each year due to antibiotic resistance. Why no bills designed to solve that “crisis”? Perhaps because no one is getting high off antibiotics? The desire to stamp out any possibility of artificially induced pleasure seems to be the driving force behind drug policy in this country. Anyone who needs a medication should not be made to suffer the hardship of additional hurdles just to get what they need because a handful of people can’t act responsibly. If you want to make a meaningful inroad toward ameliorating this problem, lobby the FDA to remove rules on side effect disclosures that require events with a 0.00001% chance of happening being listed. This leads to information overload and people just tune out everything. If the warning listed only actual hazards – like death from overdose – people would pay attention. Thus unintended consequence of government meddling leads to “solutions” like SB 81 which will invariably lead to more unintended consequences which can only be solved by yet more rules and legislation. The state cannot remake man through the pen. It must stop trying to do so.

Low Hanging Fruit

With the recent shooting in San Bernardino national attention has again returned to that eternal yin-yang conflict between the gun banners and the gun lovers. Or should I say those who promote “sensible gun laws” and those that do not believe their rights should be curtailed because of the actions of others. Truth be told the former believes “sensible” = “total ban”– because, obviously, making things illegal always eliminates the problem (cough, drug war, cough, prohibition). Banning all guns because of the senseless acts of a few crazed lunatics makes about as much sense as castrating all men because some have raped. The ban-wishers realize that a total ban is not feasible, so they couch their rhetoric in innocuous sounding terms like “sensible” and “common sense” when referring to proposed legislation. The only problem with these proposed laws (if you can actually manage to get any of them to divulge exactly what they might entail) is that not a single one of them would have stopped any of the mass shooting rampages in recent memory. Not. A. Single. One. Calls for background checks to include the presence of psychological issues don’t help if one has never done anything crazy before. Barring felons from obtaining a weapon don’t help if one has never been convicted of a crime. Waiting periods don’t help if one has owned a weapon for years and then commits an atrocity or simply “borrows” it from a family member. In short it is a human problem, not a gun problem. Humans can do anything at any time and as much as we might all wish it to be true (oh, please let there be a Santa Claus!) it is metaphysically impossible to predict the behavior of any one person so as to shut them down pre-crime style.

Now some may object at this point and point to a number of “peer” countries with draconian gun laws who have lower homicide rates than the US. What this simpleminded analysis leaves out is manifold. First of all the use of the arbitrary distinction “peer” is simply a ploy to omit countries with lower gun ownership than the US but with much higher gun deaths. One prominent example is Mexico.  “Oh but that is left out because of the violence stemming from the drug war,” they will say. Oh really? That is interesting, because the US is currently involved in a massive drug war as well, so I suppose to be fair we should subtract those numbers out in the same way they deem it valid to leave Mexico out of the comparison. When you make that adjustment the estimates are that the US homicide rate drops precipitously from 4 per 100,000 down to as low as 1 per 100,000  – the same as all these other “peer” nations with their draconian laws. The other part of the analysis left out is a lot of these “peer” nations are extremely small, culturally homogeneous groups (e.g. Japan or Norway). If one were slice up the US the same way and break it down by state or city rather than as whole you find even without drug war adjustments the regional numbers are on par or lower than those very same “peer” nations. In other words 1% of US cities are responsible for the overwhelming majority of gun violence.

If those that want to “do something” about gun violence are serious then they would be well advised to examine what factors are driving the violence in these cities. They are the low hanging fruit as it were since most gun deaths occur within their borders. Since most (Chicago, Detroit, etc) already have strict gun control laws, that is obviously not going to be a solution. To solve the problem one must understand the source of the problem. That source is overwhelmingly the drug war. It is not simply mere shoots out between gangs that factor in here but all the other social and economic factors that drive one toward violence when a prohibition is placed on some arbitrary article of commerce. Like a cancer the prohibition infects the community and destroys it from within. But it all starts with the prohibition. Remove the drain stopper that is prohibition and all the other violence inducing factors will drain away as well. Will this solve all instances of gun violence? No, but wouldn’t solving 75% or more be a glorious first step?

The constitution says we have a right to keep and bear arms. Changing that fact would be incredibly difficult if not impossible. The constitution does not say drugs are illegal. Its implementation was unconstitutional, thus its termination would likewise be constitutional. We can end the drug war tomorrow with the stroke of a pen. Why not take that easier path and achieve the greatest good? Or is it more about ideology than about actually saving human lives? Prohibition never solved anything.

Fantasy Island

Consider the following scenario: You have just received an invitation in the mail from a friend. He is inviting everyone he knows to his beautiful tropical island. All are welcome to visit any time and stay as long as they want. There is just one catch: marauding pirates will attack anyone that comes near the island. The pirates patrol the skies above and the waters below as well as the surface. If you somehow do manage to outwit the pirates and make it to the island, your friend offers an additional warning: he has armed guards that will shoot anyone seen crossing the perimeter beaches. But – if you can make it past all of that – you are quite welcome there.

Now as schizophrenic as this sounds – “please come visit me, I’ll kill you if you try, but please come visit me” – it is not too far removed from the scenario that the government of the state of Georgia has just put into play with the passage of HB1 (also known as “Haleigh’s Hope Act”) and subsequent signing into law by Governor Nathan Deal last week.  HB1 legalizes the “possession” of medicinal marijuana. But only in the cannabis oil form. And, only if it is under 20 ounces. And only so long as it contains less than 5% THC. Caveat, conditions, and exceptions – “you can have this…except when… and only if…and as long as…” The politician’s lawmaking cookbook – liberally sprinkled qualifying conjunctions.

Ok, ok, well at least there is now a glimmer of hope for those that have a medical need for it, right? Well, almost. As long as one’s medical condition is on the short “approved” list of ailments: cancer, ALS, seizures, MS, Chrohn’s disease, mitochondrial disease, Parkinson’s disease and sickle-cell anemia. Funny, I thought Republicans were opposed to the government interfering in the doctor-patient relationship. In any event, if one is unlucky enough to suffer from one of these ailments that still may not be sufficient to qualify. A patient’s case must be considered severe or terminal… not in the opinion of one’s doctor mind you, but rather in the opinion of some faceless state bureaucracy to whom your doctor must now, on bended knee, plead your case whilst kissing its ring.

If a patient makes it past all those hurdles, then they can qualify for a registration card. This is their de facto “get out of jail free” card if they are ever found by police to be in possession of sub-20 ounce 5% dilutions of cannabis oil. But don’t get caught with 21 ounces or a 6% solution, otherwise it’s off to the big house you horrible menace to society you!

So while HB1 offers an invitation to an oasis of potential pain relief (the tropical island) it does not eliminate the marauding pirates or the armed guards. It is still illegal to grow or buy marijuana in Georgia (you know, the stuff you need to actually make the cannabis oil). It is likewise a violation of both Federal and Georgia state law to cross state lines to buy cannabis oil or have it shipped into the state. So to be clear on this: it is legal, pursuant to numerous conditions, to possess cannabis oil, however, all methods of actually acquiring the oil are still illegal. Well, magic as a method is legal. Perhaps the legislature envisions patients performing a Harry Potter style invocation to acquire their needed oil?

I will assume that the bill’s author (Rep. Allen Peake) and its sponsors did not set out to write a bad bill. I suspect they truly do want to help people suffering from the above (and many other unlisted) conditions. The problem is the compromises one must make in politics that whittle otherwise well intentioned legislation down to hollowed out cores of absurdity. This bill is a prime example of the fallacy that compromises are de facto evidence of a principled balancing of interests. If you believe all illegal aliens should be shot and I believe none should, then it is hardly a principled balancing of interests to say we shall only shoot half of them. Likewise if I believe that any substance that can relieve pain and suffering should be obtainable without artificial barriers but you believe that the risk of even one person getting “high” outweighs the pain and suffering of millions, then it is a meaningless compromise indeed to say patients can legally possess those substances but that actions aimed at possession are illegal. Empty, hollow rhetoric – nothing more.

Mix one part irrational fear with one part representative democracy and you get a society with needless pain and suffering. None should ever be allowed to suffer because of fears of what might be, lest we become prisoners entombed behind the bars of potential acts.

I’ve got a tip that will change your life…

Last week I touched on a handful of stories concerning police and civilian interaction that ended in tragedy. This week I’d like to focus on a story that should serve as a wake up call to anyone who has ever thought “not my problem” because “that stuff only happens to shady characters or people who hang around shady characters.”

David Hooks, 59, of East Dublin, Georgia was the poster-boy for least likely to be associated with a criminal element. He owned a construction company that routinely worked on military bases. Such work required numerous background checks at both the state and federal level (Department of Homeland Security and the Bureau of Alcohol, Tobacco, and Firearms). Short of being vetted by the CIA you couldn’t ask for anyone with a cleaner background. This is not to suggest that those with “clean records” are incapable of committing crimes but rather that such people are statistically as likely to commit a crime as any of us are (I presume my readers also have clean records!).

So what irresponsible action on his part resulted in him becoming yet another casualty of Prohibition (the war on drugs)? Why he allowed his truck, sitting in his driveway, to be broken into and his SUV to be stolen. It turns out the guy who stole the truck, Rodney Garrett, (a self-described thief and meth addict) turned himself in to the cops claiming he found a bag of methamphetamine in the truck and thus “became scared for his safety.” So, based solely on this hearsay of a tip, a warrant was issued to search Hook’s home. Now, if the cops had executed this warrant the way the 4th Amendment intended (and the way it used to be done) there would have been no problem. They would have sent one or two squad cars over to the house, politely knocked on the door, served and then executed the warrant. They would have found nothing, hopefully apologized for the trouble, cleaned up after themselves and left.

But that is not what happened. Those accused of drug crimes, even mere possession, are presumed to be clones of Al Pacino’s “Scarface”, AK-47 at the ready 24/7. So, under a presumption of Hook’s guilt, the Laurens County Drug Task Force silently rolled up his driveway around 11 pm with no flashing lights, jumped out of their vehicles and rapidly approached the back door of the house. David’s wife, seeing dark shadowy figures moving about their house late at night logically concluded that the burglars had returned to possibly steal more vehicles or enter the house. It had only been two days since the first theft and being unaware the thief was in custody they had no reason not to suspect a repeat event.

So David grabbed a shotgun and prepared for a confrontation. What happened next is unclear because there are conflicting stories. The official version is that the police did approach with sirens and lights, they did loudly knock on the door and that when no one answered they broke the door down, saw David holding a shotgun and thus had no choice but to unload their weapons. David’s widow (and the physical evidence) beg to differ with that narrative. There were no lights, sirens or knocking. David was not shot near the back door but rather through an interior wall. In other words, they blindly shot at a wall not knowing what was behind it. Brilliant. Good thing his grandchildren weren’t visiting that night. And just when you thought it couldn’t get any worse, it does. His grieving widow and family had to endure a 44-hour search of the residence. The result? Not even a trace of narcotics was found. Oops.

So, the next time you think you are safe from brutal police actions, just remember, you are just one blame-shifting-meth-head’s “tip” or wrong address away from having black-helmeted thugs appearing in your doorway unannounced and unloading an entire clip into you or a loved one because they moved their hand the wrong way or came around the corner too quickly. No one is safe if everyone is just an utterance away from a weapons-drawn raid on his or her home. Due process is not the Gestapo breaking down your door in the middle of the night and claiming procedure was followed because they left a warrant on your corpse. This is not America. But if this is what America has become, then there is nothing exceptional about it. Prohibition must end. Again.

Details sourced from: and

Lifting the Veil

“There’s a reason you separate military and the police. One fights the enemies of the state, the other serves and protects the people. When the military becomes both, then the enemies of the state tend to become the people.” Commander William Adama, Battlestar Galactica (Season 1, Episode 2)

Although the source of this quote is fictional, its perspicacious message is grounded in reality. The only twist is that it is the police who are becoming more military-like. The end result, however, is the same – civilian casualties.

I shouldn’t have to provide examples, but I will as a courtesy for those reading this a few years hence when I suspect recent events will have been lost down the rabbit hole of collective amnesia: the shooting death of Michael Brown in Missouri, the shooting death of John Crawford in an Ohio Wal-Mart, a toddler in Georgia critically injured by a flash grenade, David Hooks shot dead in his home by police in Georgia and so on. If you’d like to read more there is a website dedicated to memorializing these horrific stories. The take home message here is that if cops are going to put their safety above all other considerations, then perhaps they should find a different line of work. “Officer safety” is the oft-cited excuse for the use of deadly force, however the myth that police work is the most dangerous profession just doesn’t line up with reality. In fact in 2013 it didn’t even make the top 10 of most dangerous professions (garbage collector and roofer actually rank higher).

Now I’d like to engage you in a thought experiment. Suppose that instead of the headlines being “local police shoot man dead” they instead read “employee of private security firm at local mall shoots man dead.” What kind of response would we expect in that situation? Would we expect that the employee be given a few days off from work, found to have done nothing wrong and be back on the job within a month or two? If an employee of ANY company did such a thing there would be lawsuits galore. The security company, the employee and the mall would all be sued. The message of a lawsuit is this: someone is accountable.

But what happens when a public police force is involved? The police department can’t be sued. The individual cop can’t be sued. This is qualified and sovereign immunity at work. The municipality involved is sometimes sued in rare situations. Even if they lose the suit there is zero incentive to change. Those “in charge” are not personally held financially accountable. Instead the cost of the suit or settlement is diffused among the taxpayers in pieces so small it is hardly noticed. The normal feedback mechanism that a lawsuit provides (personal financial loss) is thus short-circuited and nothing changes.

Now imagine a world where policing is entirely in the domain of private companies. This is not at all far fetched. Many municipalities (like Sandy Springs, Georgia) now outsource a range of traditional municipal services. In this hypothetical scenario private police companies would carry liability insurance just like all companies do today. Private police companies likewise would require their employee (the cops) to carry their own liability insurance. The cost of this insurance would be directly related to the cop’s training and work history (just as auto insurance rates are related to a driver’s history). Insurers would have an incentive to regulate such police forces in order to minimize the likelihood of paying claims. Reckless cops and poorly managed policing companies would either lose coverage or find their insurance rates so high they couldn’t afford to operate anymore. No municipality would contract a company lacking insurance. The self-correcting feedback mechanism of blatant self-interested profit seeking keeps everyone in line. Insurers regulate out the bad firms so they don’t lose money paying out claims. Police firms regulate out the bad cops so they don’t suffer increased insurance rates. The public sues those firms or cops that manage to slip through. There’s nothing magical here, it works like this everyday throughout the market (when not otherwise distorted through government interventions).

This would be trivial to implement nationwide. Municipalities already utilize a bid process for many other projects; there is no reason why it could not be done for policing as well. True accountability can only happen once the veil of qualified and sovereign immunity is lifted and the self-correction of self-interest found in the market is permitted to function.

Health of the State

The War on Drugs is perhaps the most unjust “war” ever waged. It is not, as in conventional warfare, a conflict between states, but rather a conflict of a parasite (the state) against its host (the people). Just as cancer grows by attacking its host, so too does state power expand as it attacks its citizens in the name of saving them. The tumor that is the drug war is but one variant of the cancer that is state power.

It has been said that war is the health of the state (Randolph Bourne). If that is so, then traditional wars (against people) are far too fleeting as a means to bolster state power. The end comes relatively soon as both sides are worn down through attrition. In order to have unending war the state must fight an enemy without form, substance, or soul. This is achieved by waging war against thoughts, emotions, and things; for these things can never be conquered, and thus is ensured the eternal health of the state.

The colorful imagery of a “War on Drugs” suggests perhaps we are battling against anthropomorphized weed and poppies as they brutally attempt to intoxicate us by crashing through our doors and up our noses. Yes, I’m being facetious – now I shall be sarcastic: the real criminals in this war are those who possess these vilified substances.

The police will almost never stop a murder, rape or robbery in progress, but gosh darn it they sure as heck can find a crime in progress if the crime is mere possession. What is the easiest way to capture a criminal? Declare random object X illegal and then find people who happen to possess X. Such prohibitionary lawmaking has led to a perversion of policing incentives. The police now have two choices: Demonstrate effectiveness in catching real criminals through laborious detective work that rarely pays off, or, invent new and interesting pretexts to see if dear citizen is in possession of a verboten substances. Which one is more likely to yield results? Exactly. And so focus shifts to the quick and easy result at the expense of the more difficult task of meting out authentic justice.

This truth has engendered the most sinister aspect of the drug war: the no-knock raid. If the police knock then the suspect might stealthily comply with the law and cause himself to no longer possess the banned material. So on the premise that it is better that a thousand men die than one guilty drug user go free, we have seen the birth of the no-knock raid. Yes, sometimes they’ll get the wrong house, sometimes they’ll accidentally shoot totally innocent people (or almost routinely shoot innocent dogs), but it’s all worth it if it prevents a drug possessor from sometimes getting away. No-knock raids are a breeding ground for all manner of confusion and mistakes. To wit, just last week in Cornelia, Georgia a no-knock raid resulted in a 2 year old suffering massive burns over his face and body when a “distraction device” (aka flash grenade) was tossed into his crib, inches from this face, by the invading SWAT team. Naturally this was a mistake; they never intended that to happen. Procedurally they did nothing wrong – everything was by the book. That fact alone should scare the hell out anyone. Who will be next? Maybe someone that matters to you.

Even if we were granted a wish that all recreational drugs were forever vanquished from this planet and the only price would be the life of one innocent, that price would be far too high. The irony is that those in charge of this wretched war are killing people who would never have used drugs in order to possibly save those who actively seek to use them. But what would you expect from the state? States have always sought to butcher civilians in order to persuade others to change their behavior. Sound familiar? But the ends justify the means, so that makes everything ok.