From: [EMAIL PROTECTED]

HI all,
    Eric Sterling is one of the principle architects of the Comprehensive
Crime Control Act of 1984, and of the Anti-Drug Abuse Acts of 1986, and 88.
Since 1989, when Sterling realized how very badly his laws were being
misused, he completely changed his perspective on the Prohibition that he
himself helped amplify and strengthen. He is one of the most vocal opponents
of this stupidity now going on in the USA, and is a very interesting person
to hear speak.
    Below is his testimony from March 23, 2000, before the Subcommittee on
Treasury, Postal Service, and General Government of the Committee on
Appropriations, US House of Representatives. The newest plan from the ONDCP
was released officially yesterday as well.
    I saw Edward Jurith hold up this report on Friday, last week, and
listened to him say, that "no longer would our national anti--drug policy be
predicated on half-truths and anecdotal evidence, instead we use facts, and
science." So as he fled for the door immediately after finishing his talk, I
asked him, in light of his, no longer using "anecdotal evidence" comments,
about his boss Gen. McCaffrey's Feb. 22 statements to Customs and DEA
officials to the effect that US kids are taking their hemp t-shirts, boiling
them down, mixing the goo left over with alcohol to create marijuana, to get
high. Gen. McCaffrey also told these Customs and DEA officials, while
McCaffrey was explaining his reasons for the continued hysterical banning of
industrial hemp, that hemp feed is so very high in protein, he is afraid
farmers are giving hemp-feed to cattle, which are then contaminated with THC,
which is then passed onto folks when they eat their THC-tainted burgers. This
guy is in charge of our Prohibition policies guys and gals! Jurith's
response? "Oh, well, sometimes like all of us speak in hyperbole." Tell that
to all the folk who are locked up in US prisons due to his hyperbole driven
scare-tactics, and horror show propaganda-riddled prohibitionist strategies.
    Peace,
    Preston
Statement of Eric E. Sterling to the
Subcommittee on Treasury, Postal Service and General
Government of the Committee on Appropriations
U.S. House of Representatives
March 23, 2000

 Chairman Kolbe, Mr. Hoyer, members of the Subcommittee, the National Drug
Control Strategy, presented to you today, attempts to sweep monumental
failure under a rug. General McCaffrey insists that 'we are winning' our
fight against drug abuse, but his scoreboard must be broken – deaths are up,
high school kids can get drugs more easily than ever, drug use by junior high
kids has tripled, drug prices are at historic lows, drug purity is as high as
ever, and we are still not treating most of the millions of addicts desperate
for help.

I have been following closely our national anti-drug strategy since 1979 when
I became the counsel to the House Judiciary Committee principally responsible
for anti-drug matters. I set up for the Committee dozens of hearings on every
aspect of our anti-drug effort, and accompanied the House Select Committee on
Narcotics Abuse and Control to Colombia, Peru, Bolivia, Mexico and Jamaica in
1983. I have heard almost every top Federal anti-drug official testify since
Peter Bensinger headed the DEA. In 1986 and 1988, I was a principal aide in
developing the Anti-Drug Abuse Acts of 1986 and 1988 which created the source
country certification requirement, the mandatory minimum sentences, the
Federal crime of money laundering, and the drug czar's office, among hundreds
of provisions. In 1989, I left the committee, and have continued to work
extensively on narcotics control matters as President of The Criminal Justice
Policy Foundation.

Mr. Chairman, sadly, I don't believe that General McCaffrey can be trusted to
give you an accurate appraisal of our drug situation. Gen. McCaffrey is
claiming progress with declines in coca production in Peru and Bolivia, just
as he did when he unveiled the 1999 strategy a year ago. But when he
testified before a House subcommittee on August 6, 1999 he confessed, "In
Peru, the drug control situation is deteriorating . . . Peruvian coca prices
have been rising since March 1998." (Clifford Krauss, "Peru's Drug Successes
Erode as Traffickers Adapt," The New York Times, Aug. 19, 1999).

I suggest, Mr. Chairman, that the indices that Gen. McCaffrey are most proud
of are the least important – the declines in casual use of cocaine and
marijuana by adults. Casual drug users are not the cancer at the core of
America's drug crisis.

What is most important for our anti-drug policy to achieve? Saving lives,
keeping drugs out of the hands of kids, and keeping as many people as healthy
as possible.

What are the facts? Deaths from drugs have more than doubled since 1979, from
7,101 in 1979 to 15,973 in 1997 as reported in the latest strategy. Why
aren't we more effective in saving lives? How can we be winning when more
people die each year than the year before?

Our policy is not keeping drugs out of the hands of kids. High school seniors
report that heroin and marijuana are more available now than at almost any
point since 1975. Marijuana was "fairly easy" or "very easy" to get for 90.4%
of seniors in 1998, the highest point in history. Heroin was "fairly easy" or
"very easy" to get for 35.6% of seniors, compared to 24.2% in 1975, and 18.9%
in 1979, at the height of the modern drug epidemic. Availability of heroin to
high school students has increased by 1/3 since the Anti-Drug Abuse Act of
1986 was passed, when it was 22.0%.

Ecstasy availability has almost doubled since 1989 from 21.7%, to 38.2% in
1998. LSD availability is greater than at any point in the 1970s or 80s, and
at 48.8%, is easily available by half our high school seniors. PCP
availability is near record highs, at 30.7%.

More kids in 8th grade -- junior high school -- report that they are using
illegal drugs according to the Monitoring the Future Survey. Use in past 30
days of marijuana among 8th graders tripled from 1991 to 1997, from 3.2% to
10.2%. Cocaine use almost tripled from 0.5% in 1991 to 1.4% in 1998. Use of
LSD by 8th graders almost tripled from 0.6% in 1991 to 1.5% in 1997.

How can General McCaffrey, with a straight face, tell you and the American
people that we are winning?

In the streets, our policy is a failure. As best we can reckon, the street
prices of heroin and cocaine are near historic lows. A pure gram of cocaine
was $44 in 1998, down from $191 in 1981. Heroin prices have fallen from $1200
per gram to $318 per gram over the same period. This means traffickers are
discounting the risks they face. This means the traffickers are finding it
easier to get drugs to our streets, not harder.

Purity of cocaine, even for the smallest quantities, has increased on average
from 40% in 1981 to 71% in 1998. Heroin street purity has increased from 4.7%
in 1981 to 24.5% in 1998. How can the "drug czar" tell the American public
that "we are winning" when there has been a 500% increase in heroin purity?

This high purity is sending more people to hospital emergency rooms – the
1998 number of drug-related ER admissions was the greatest recorded.

Despite repeated promises, we are failing to help the people who are most
hurt by drugs – the addicts. The crudely estimated number of persons needing
drug abuse treatment has grown from 8.9 million in 1991 to 9.3 million in
1996. The number of hard core addicts needing treatment has grown from 4.7
million in 1992 to 5.3 million in 1996. The are still 3 million untreated
hard core addicts, more than in most of the 1990s. And it is the untreated
drug addicts who are the core of our drug abuse problem. Their tragedies rip
American families apart. Their desperation drives them to crime. Their demand
finances the Mexican and Colombian cartels, and pays the farmers of coca and
opium around the world.

Treating the addicts is not only the most humane thing we can do, it is the
most effective. Our failure to adequately treat the drug addicts,
independently of the criminal justice system, is a national disgrace.

Gen. McCaffrey will tell you his strategy is based on hard data and he has
promised measurable results described in so-called "Performance Measures of
Effectiveness." Several years ago he announced 12 Key Drug Strategy Impact
Targets. He promised, for example, to:

Reduce the number of chronic drug users by 20% by 2002, and by 50% by 2007.
Reduce the availability of illicit drugs in the U.S. by 25% by 2002, and by
50% by 2007.
Reduce the rate of shipment of illicit drugs from source zones by 15% by
2002, and by 30% by 2007.
Reduce the domestic cultivation and production of illicit drugs by 20% by
2002, and by 50% by 2007.
His documents reveal that for each of those important objectives, there is no
actual U.S. government estimate for the base.

Regarding the number of chronic drug users, "At this point [February 1999],
no official, survey-based government estimate of the size of this drug-using
population exists." (National Drug Control Strategy 1999, Performance
Measures of Effectiveness: Implementation and Findings, p.15, hereafter
PME:IF).

Regarding the availability of illicit drugs in the United States, "The
problem is that there are no official government estimates of the available
supply of drugs in the United States." (PME:IF, p. 16).

Regarding the rate of shipment of illicit drugs from source zones, "There is
no official U.S. government estimate for the outflow of drugs from source
zones." (PME:IF, p. 17).

Regarding the domestic cultivation and production of illicit drugs,
"Currently there are no estimates of drugs of U.S. venue available in the
U.S. for distribution." (PME:IF, p. 18).

Mr. Chairman, how can a cabinet-level official look a Member of Congress in
the eye and say that he has a strategy to reduce a complex problem by a
precise percentage by a certain year, when he does not know -- with any
precision -- the size of the problem he is promising to address?

These are all worthwhile objectives, but as presented to you and the nation,
they are fraudulent. This is a Potemkin Village anti-drug strategy, Mr.
Chairman.

Mr. Chairman, I urge you to hold a follow up hearing on this "strategy" to
look at it in detail, and to invite a broad range of experts to testify.

Americans can no longer tolerate a strategy that brazenly insists that our
"National Anti-Drug Policy is Working" because the trend of anti-drug
spending is up. (1999 National Anti-Drug Strategy, p. 9). It is time for a
completely different emphasis.

Eric E. Sterling
March 23, 2000



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Eric E. Sterling is president of the Criminal Justice Policy Foundation,
Washington D.C.



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