The Color of the Drug War

"The drug war is a proxy for racism," says Andy Ko, Project Director of ACLU-Washington's Drug Policy Reform Project. "Most modern politicians wouldn't dream of explicitly advocating that society persecute or enslave poor people or members of minority communities. But that is exactly what is happening as a result of the 'get-tough-on-crime' drug war policies of the past few decades."

Ten years ago, perspectives such as these might still have been viewed as exaggerated rhetorical stabs at trying to reverse the trend of skyrocketing U.S. incarceration rates.

But today, civil liberties attorneys like Ko are being joined by what amounts to a nationwide chorus of drug war dissenters.

"It's impossible, in the [sociohistorical] context that we're living in now, to think about civil and human rights without looking at the impact of the War on Drugs," says Sharda Sekaran, Associate Director of Public Policy and Community Outreach for the Drug Policy Alliance in New York. "We now have the vantage point from which to examine the impact of decades of failed drug policies on the nation's most vulnerable communities."

A Growing Movement

The Drug Policy Alliance (DPA), the nation's leading organization promoting alternatives to the War on Drugs, recently held a national conference focusing on the impact of punitive drug policies on communities of color.

"Breaking the Chains: People of Color and the War on Drugs" brought hundreds of religious leaders, civil rights advocates, addiction treatment specialists, musicians and elected officials to downtown Los Angeles last month to discuss what the organization has unabashedly referred to as America's "apartheid-like" criminal justice system.

The conference built on the momentum generated in August 2001, when an ad-hoc group of more than 100 celebrities, politicians, religious leaders and drug policy reform activists (including Danny Glover, New Mexico Governor Gary Johnson, NAACP Chair Julian Bond and former U.S. Surgeon General Jocelyn Elders) sent a letter to UN Secretary General Kofi Annan urging recognition of the War on Drugs as a "de facto form of racism." Representatives of the group then took their message to the World Conference Against Racism in Durban, South Africa, to generate discussion and awareness about the disproportionate arrest and sentencing of low-income minorities on drug-related charges in the U.S.

The time was right for the Los Angeles conference, says DPA's Sekaran, because the inequities are now "glaringly obvious." Citizen-supported initiatives favoring treatment over incarceration in states including New Mexico, Arizona, California and Washington have convinced some politicians that a shift away from incarceration toward the treatment of drug addiction as a public health concern, is no longer a "third rail issue."

But the shift is slow in coming, largely because the national criminal justice trend over the past two decades has overwhelmingly favored long, punitive prison sentences over comprehensive strategies toward addressing drug addiction, alcoholism, poverty and mental illness. Beginning with the Sentencing Reform Act of 1984, the modern era of the War on Drugs was ratcheted up by the Anti-Drug Abuse Acts of 1986 and 1988, which imposed harsh sentences for the possession of crack cocaine. Parole was essentially abolished for drug offenders in federal prisons and then made difficult (if not impossible) for many state prisoners. In the years to follow, many states followed suit with intensified mandatory minimum sentencing guidelines, and the jingoistic "three-strikes-you're-out" legislation, sealing the fate of hundreds of thousands of men and women behind bars.

The results of this intensification of the drug war have been dramatic and devastating. With two million Americans doing time behind bars, our country now imprisons roughly 500,000 men and women on drug-related charges, at an annual cost of $9.4 billion.