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Proemium by Jonathon
Ott
(A
masterpiece From
his Book 'Pharmacotheon')
Proemium
The prophets Isaiah and Ezekiel dined with me,
and I asked them how they dared so roundly to
assert that God spoke to them; and whether they
did not think at the time that they would be mis-
understood, & so be the cause of imposition.
Isaiah answer'd: "I saw no God, nor heard any, in a
finite organical perception; but my senses discover'd
the infinite in everything..."
William Blake
The Marriage of Heaven and Hell (1793)
My senses discovered the infinite in everything one
summer night in Pennsylvania a quarter century ago, and sometime
later in Hawaii, as the lustral beams of moonlight danced over a
tropical sea; then later still, high in the remotest mountains of
Oaxaca, when mighty Tla'loc's lightning bolts raged in the heavens
and crashed into Mother Earth in the valley far below; and in the
towering Ecuadorian forests of Sacha Runa, to the soothing melody of
a shaman's whistled icaro, and the dry rustling rhythm of his
leafy fan. For I have been privileged to be initiated into the
sacred realm of the entheogens, sacramental plant teachers of
countless generations of the family of humankind; have been
vouchsafed a fleeting glimpse behind Our Lady Gaia's veil; have
imbibed the amrta of Indra, the ambrosia of the
Olympian gods, Demeter's potion; have for brief blessed instants
gazed into Lord Shiva's blazing third eye. Having been graced by
these and other holy visions, my life has been transformed and
enriched beyond measure.... I have become an initiate to the sacred
Mysteries of antiquity, what the Greeks called an epoptes,
one who has seen the holy.
This book is about these wondrous entheogens,
these strange plant sacraments and their contained active
principles. The term entheogen was first suggested by
classical scholars Carl A.P. Ruck and Danny Staples, pioneering
entheogen researcher R. Gordon Wasson, ethnobotanist Jeremy Bigwood
and me. The neologism derives from an obsolete Greek word meaning
"realizing the divine within," the term used by the
ancient Greeks to describe states of poetic or prophetic
inspiration, to describe the entheogenic state which can be induced
by sacred plant-drugs. This term replaces the pejorative words psychotomimetic
and hallucinogenic, with their connotations of psychosis and
hallucination, and the orthographically incorrect psychedelic
(the correct spelling being psychodelic, as the word is
commonly rendered in languages other than English), which has become
so invested with connotations of sixties' popular culture
("psychedelic" art, music, etc.) as to make it
incongruous to speak of ancient shamanic use of a psychedelic
plant. I have summarized the logic behind the use of entheogen(ic)
in Chapter 1, Note 1, and the interested reader is referred to the
original paper proposing the word (Ruck et al.; Wasson et
al. 1980b).
My readers would be justified in asking "why
yet another book on these drugs?" for over the years there have
been many good books on the topic. I might mention in particular the
excellent scientific book The
Botany and Chemistry of Hallucinogens by American
ethnobotanist Richard Evans Schultes and Swiss chemis Albert Hofmann,
as well as their more popular, and more lavishly illustrated, Plants
of the Gods (Schultes & Hofmann 1979; Schultes & Hofmann
1980). I will have occasion in the text following to refer to these
and other valuable books on the subject. My goal in writing the
present book was two-fold; first, to write a reference book for the
specialist, citing the most important sources in the historical,
anthropological, botanical, chemical and pharmacological literature,
meanwhile placing this subject in the broader context of general
ethnobotany. Thus I have updated and greatly enlarged the best
existing bibliography on the subject, that of The Botany and
Chemistry of Hallucinogens. The present bibliography is triple
the size of that of Schultes and Hofmann, and even so, does not
pretend to be exhaustive. My second goal in the writing of this book
has been to detail the complex history of entheogenic drugs, and to
trace in particular the story of how these drugs came to be
available to non-traditional users in the twentieth century. In
contrast to the authors of many other treatises on the subject, I
consider the ethnobotany of entheogenic plants and their active
agents in contemporary western culture to be every bit as important
as their traditional ethnobotany, if not more so. As Gordon Wasson
opined:
Perhaps with all ouor modern knowledge we do not
need the divine mushrooms any more. Or do we need them more than
ever? Some are shocked that the key even to religion might be
reduced to a mere drug. On the other hand, the drug is as
mysterious as it ever was... (Wasson 1961)
Only recently have some academic anthropologists
begun to consider contempporary drug subcultures to be worthy of
formal study (Adler 1985; Holden 1989a).
I will neither promote nor inveigh against
contemporary non-traditional use of entheogenic drugs. True, some of
the drugs discussed in this book are illegal, and there are those
who think it irresponsible to discuss this subject without
denouncing their illicit use. On the other hand, the bulk of the
compounds studied in this book are legal, and there is no question
that there are presently in the United States alone at least a
million users of entheogenic drugs, legal and illegal (Goldstein
& Kalant 1990), and it is to these psychonauts (Junger
1970), as well as to interested scientists, that this book is
directed. There is no need to encourage would-be users to sample the
entheogens- the drugs have their devotees, and in any case the
current supply is probably insufficient to meet the demand of
established users (Blanco 1993).
In this exordium, however, I will denounce in
no uncertain terms the futile, counter-productive and
ill-advised proscription of entheogenic drugs by the governments of
the United States and other countries. As Baruch Spinoza so
presciently put it:
All laws which can be violated without doing any
one any injury are laughed at. Nay, so far are they from doing
anything to control the desires and passions of men that, on the
contrary, they direct and incite men's thoughts the more toward
those very objects; for we always strive toward what is forbidden
and desire the things we are not allowed to have. And men of
leisure are never deficient in the ingenuity needed to enable them
to outwit laws framed to regulate things which cannot be entirely
forbidden... He who tries to determine everything by law will
foment crime rather than lesssen it.
It is self-evident that the millions of contemporary
users of proscribed entheogenic drugs are laughing at the laws
presuming to forbid them, and that they are far from deficient in
the ingenuity needed to outwit those laws. It has ever been so with
laws presuming to regulate the legitimate appetites of human beings;
and there is no question that such laws represent an abuse of
governmental power. As the great libertarian Edmund Atwill Wasson
wrote in 1914, in a critique of the prohibition of alcohol in the
United States (Wasson 1914):
It is one thing to furnish the law, and another to
furnish the force needed to ensure obedience. That is why we have
so many dead-letter laws in this country, --we forget that a law
is not self-enforcing.
In theory, law is the instrument of popular will in
democratic countries, and in practice has been used as a weapon by
majorities to repress and harass minorities, especially laws against
drugs which are associated with those groups (Helmer 1975; Musto
1973). The prohibition of alcohol in the United States is an
exceptional case of laws fomented by a fanatical and active minority
resulting in the harassment and repression of the majority (Musto
1973; Wasson 1914). When a law is sufficiently unpopular, as was the
Constitutional amendment prohibiting alcohol manufacturing and sale
for ludibund purposes in the United States, the people in theory
will rise to overturn it. Would that it were so with unjust laws, or
unenforceable laws! When a government proves itself all-too-willing
to attempt to "furnish the force needed to ensure
obedience" to unenforceable and (arguably) unjust laws, then
the very freedoms or "human rights" on which democratic
rule is ostensibly founded are jeopardized (Shulgin 1991). This is
the case with the contemporary "War on Drugs" and the
unprecedented intrusions into personal liberty which it inexorably
occasions. It is a case where the "cure" is far worse than
the "disease"; in which the proposed "therapy"
is toxic and will prove fatal if administered in sufficiently high
dosage. While the use of the drugs this shock therapy addresses
continues unabated or indeed increases, freedom and dignity are on
the ropes, and in danger of going down for the count.
I will adumbrate four different lines of argument
against the contemporary prohibition of entheogenic drugs and, by
extension, prohibitions of other drugs- from alcohol, caffeine or
nicotine (all of which have been illicit substances in the past) to
cocaine, heroin or marijuana (all of which have been legal far
longer than they have been controlled substances). These four lines
of argument might be grouped under the following headings: 1)
scientific; 2) practical or legal; 3) moral; and 4) economic. I will
also pose the following question: "why is it that western
society cannot cope with euphoria and ecstasy?" This question
is at the heart of the prohibition of entheogens. Although they are
disguised as "Public Health Laws," the strictures against
the entheogens are first and foremost limitations on the practice of
religion in a broad sense; or in a broader sense still, are attempts
to enshrine in law a certain perverse brand of what once was called
"natural philosophy." I call it science, and the modern
laws against entheogenic drugs are manifestly anti-scientific and
indeed represent "crimes against nature."
A Scientific Perspective
Drug prohibition statutes are typically justified
as "Public Health Laws," and conventional wisdom holds
that enacting and enforcing such measures, governments are
exercising their paternalistic function of protecting the citizenry
from dangers to the public health, much as they would in framing and
enforcing laws regarding the disposal of sewage, vaccination of
schoolchildren, or pollution of the air by motor vehicles and
industrial processes. Regarded from this perspective, drug
prohibition is seen as benign, indeed, beneficent, and this
viewpoint has becomes so firmly rooted in the public consciousness
as to make the concept accepted universally as a legitimate
exercise, nay, as a solemn responsibility of capitalist and
socialist governments alike (Szasz 1974; Szasz 1992). In the United
States, only the Libertarian Party has consistently opposed drug
prohibition as an abuse of governmental power. In some countries,
violations of drug laws are called euphemistically delitos contra
la salud, "crimes against [public] health."
Nevertheless, viewed from a dispassionate,
strictly scientific perspective, this public health justification
for drug control simply won't hold water, and it can be argued that,
by placing certain drugs outside of the established quality control
regimen for pharmaceutical products, governments are defaulting
on their responsibility to protect the public welfare. While some
prospective drug users dissuaded by laws prohibiting their chosen
drugs, many, perhaps the majority, are not. During the experimental
federal prohibition of alcohol in the United States from 1920-1933,
some former alcohol users took the pledge and obeyed the law,
whereas many, probably at least half, continued to use alcohol in
spite of the laws (it is worth noting that alcohol use, like
illicit drug use today, remained legal, and their were exceptions to
the laws...sacramental wine was allowed to be manufactured and
dispensed, and physicians suddenly discovered that prescription
alcohol was a panacea, and it was prescribed liberally). Although it
is impossible to establish firm numbers for present use of illicit
drugs and the efficacy of the laws prohibiting them (Barnes 1988c),
there is no question that many millions of users, more than 20-40
million in the United States or at least 10-20% of the adult
population (Goldstein & Kalant 1990; Nadelmann 1989), are
undeterred by the laws, and use drugs illegally. During alcohol
prohibition in the United States, many inveterate users were
accidentally poisoned by methanol and other solvents- poisonings
which would not have occurred had legal controls of purity and
concentration been in place; poisonings which ceased to occur once
ludibund use of alcohol and its sale for that purpose again became
legal. Similarly, now there are annually some 3500 premature deaths per
year in the United States due to illicit drug use (Goldstein &
Kalant 1990), many of them so-called "overdose" deaths
from injected drugs, mainly opiates. Although these deaths are
written off as "heroin overdose," the majority are rather
due to adulterants and contaminants in illicit drug products (Chein et
al. 1967; Escohotado 1989a). After all, the typical samples
contain only a few percent of heroin or one or another artificial
succedaneum, and illicit products may also contain dust, mites and
other minuscule arthropods, spores, virus particles and bacteria,
which may either promote infection or sudden death from anaphylaxis
or the toxicity of one or another adulterant. On the other hand, the
injection, including self-administration, of sterile samples of
pharmaceutical opiates of known potency is a common and safe
procedure, and deaths as a consequence of such use are virtually
unknown.
As for the presumed adverse ecological effects of
illicit drug production, these are invariably the consequence of the
drug laws themselves. Official drug-eradication programs involving
spraying of 2,4-D, Paraquat and other herbicides have
resulted in exposing smokers to toxic residues in marijuana, not to
mention the massive ecological destruction, and its consequent
deleterious effects on health of the exposed populace, occasioned by
anti-drug herbicide spraying. By fostering the spread of clandestine
laboratories, often in pristine jungle environments, drug laws lead
to uncontrolled and unmonitored environmental pollution from
unregulated chemical facilities. Under a legal regimen, presently
illegal inebriating drugs would be manufactured in the open in
existing facilities, whose liquid and gaseous effluents might
effectively be observed. Not only are our health authorities
defaulting on their responsibilities with regard to regulating
purity of pharmaceutical products, but our environmental authorities
are guilty of defaulting on their responsibilities to protect the
environment and public health.
There is no doubt that illicit injection of
black-market samples of drugs has become a major vector of
transmission of AIDS, hepatitis and other diseases. In the United
States and Europe, around 25% of all AIDS cases, including the
majority of cases in heterosexuals, children and infants, are a
direct or indirect result of illicit intravenous drug administration
(Nadelmann 1989). The barbarous practice of denying access to
sterile syringes without a medical prescription prevails in the
United States, and has even taken root in some other backward
countries, whereas in the great majority of the world's countries,
sterile syringes are sensibly made available at low prices at
pharmacies, even supermarkets, over-the-counter. The U.S. House of
Representatives recently voted to prohibit use of
"federal" funds for the independent state or municipal
syringe exchange programs designed to halt the drug-related spread
of AIDS (Hamilton 1992). This cruel and misguided drug control
measure is directly responsible for at least 25% of the new cases
of AIDS in the United States. Far from protecting public health,
drug prohibition is drastically expanding the AIDS epidemic and
contributing to the deaths of thousands of individuals in the United
States alone from "drug overdose"- individuals who are
deprived of the protection of the Food and Drug Administration (FDA)
and its counterparts in other countries. This is especially
important when we reflect that not all black market drugs are
inebriants (Krieg 1967), not all illicit drug users are hedonists or
thrill-seekers. Owing to the restrictive and monopolistic nature of
the U.S. pharmaceutical industry, there are black markets in
curative drugs which have not been approved for sale by the FDA but
for which there is demand. Recent examples of black market medicines
are the controversial cancer drug amygdalin or Laetrile,
dimethyl- sulfoxide (DMSO), a topical treatment for bruises and
sprains (users have been forced to employ industrial-grade DMSO, as
no pharmaceutical grade is available), and the AIDS drug Retrovir
or azidothymidine (AZT)- thanks to reforms in the FDA this drug has
been made more widely available, and it has all but disappeared from
the black market. The AIDS drug Dexulate or dextran sulfate
is another example of a medicine which American patients had to
"bootleg" from other countries (Booth 1988b). There are
even black market drugs which don't fit either in the category of
inebriants or chemotherapeutic agents- some products of the
biotechnology industry are coming to be used illicitly by athletes.
There now exists a black market in human growth hormone (hGH) and Eprox
or human erythropoietin, used surreptitiously by athletes to improve
their performance (Spalding 1991). The size of the black market in
steroids for athletes has been estimated at U.S. $100 million
annually (Marshall 1988d) and is growing- athletic steroids are now
being sold in health food stores! There are even athletic steroids
which boost performance and are psychoactive- East German scientists
developed a psychoactive testosteroid nasal spray for illegal use by
their Olympic athletes (Dickman 1991).
Other damage to the public health is occasioned by
drug prohibition policies. Some presently illicit inebriating drugs
have valuable therapeutic properties and thus potential to alleviate
human suffering- they are not being systematically researched and
developed as pharmaceutical products owing to the pall of
disreputability cast over them by their legal misclassification. As
we will see in Chapter 2, the most famous entheogenic drug, LSD, was
originally developed by Sandoz Ltd. of Switzerland as a
pharmaceutical agent, under the trade name Delysid. While the
novel medicine showed considerable promise in psychotherapy (Delay et
al. 1959b; Grinspoon & Bakalar 1979; Grof 1975; Heim 1961;
Naranjo 1973a; Ratsch 1989), one of the most exciting pharmaceutical
prospects which developed for the drug was an analgesic and
psychotherapeutic adjunct to agonious therapy, treatment of patients
with painful terminal cancer or other fatal diseases (N.B. this has
been incorrectly called agonic therapy; misusing a geometric
term meaning "without angles" as opposed to polygonic
"with many angles"). LSD, DPT (see Chapter 3) and other
entheogenic drugs proved to be valuable long-lasting analgesic
agents in some patients with severely painful, terminal conditions,
drugs which did not benumb and cloud consciousness in the manner
that potent opiate analgesics do (Kast 1963; Kast 1966; Kast 1970;
Kast & Collins 1964; Pahnke et al. 1970a; Pahnke et
al. 1970b). The drugs also proved their worth in "brief
psychotherapy"- aiding dying patients to cope with their
situation (Grog and Halifax 1977; Pahnke 1970; Pahnke 1971; Pahnke
& Richards 1990; Richards 1975; Richards et al. 1977;
Richards et al. 1979). Thanks to this demonstrated medicinal
value, the Swiss government has recently reclassified LSD as an
experimental psychotherapeutic agent, making it again available to
physicians (Hofmann 1991; Rayl 1992). Entheogens have also shown
promise in treatment of alcoholism (Mikuriya 1971; Mikuriya 1973;
Rhead et al. 1977; see Grinspoon & Bakalar 1979 for a
review of this controversial research). Despite this plethora of
therapeutic benefits shown by entheogenic drugs, their development
as pharmaceutical agents was cut short by their legal proscription,
and their illogical classification in Schedule I, as drugs with
"no currently accepted medical use," all but eliminated
any further research along these lines. Even much-maligned visionary
drugs like the anesthetic phencyclidine (PCP or Sernyl) and
its congener ketamine (Ketalar or "Vitamin K", used
by some as an entheogen; Moore & Altounian 1978) have proven to
have medicinal potential- as antagonists to N-methyl-D-aspartate
receptor agonists in the brain and potential protective agents
against brain damage as a consequence of stroke and other
neurological disorders (Barinaga 1990b, Olney et al. 1991).
It has similarly been proposed to exploit the tendency of
psilocybine to stimulate specific areas of the brain in the
diagnosis of circulatory and other problems in the brain (Gartz
1993), perhaps in combination with magnetic imaging technologies.
Even heroin, considered to be deadly poison in the U.S., continues
to be regarded as valuable medicine in other countries such as Great
Britain. Known pharmaceutically as Diamorphine, heroin is
considered to be more effective and safer than morphine in treating
pain of myocardial infarction (MacDonald et al. 1967). Since
both heroin and LSD have legal, medicinal use in other
scientifically advanced countries, their U.S. legal designation as
Schedule I drugs (with "no currently accepted medicinal
use") is patently false and prejudicial.
The illicit drug best known for its medicinal use
is marijuana (see Appendix A; Paton et al. 1973; Roffman
1982; Zinberg 1979). This drug has shown many medicinally-valuable
properties, but is best known as an anti-nausea agent for patients
receiving cancer or AIDS chemotherapy, and as a treatment for
glaucoma- a drug to lower the excessive intraocular pressure of this
disease, which can lead to blindness (Roffmann 1982; Zinberg 1979).
Both smoked marijuana and orally-ingested tetrahydrocannabinol (THC
or Marinol, one of the active principles) have proven to be
valuable adjuncts to cancer and AIDS chemotherapy and to glaucoma
treatment. Nevertheless, the U.S. government, to avoid giving
"mixed signals" in the matter of marijuana, recently
stopped the distribution of government marijuana to new cancer, AIDS
and glaucoma patients, although for the moment Marinol
tablets will still be available (Blumenthal 1992). There is some
evidence, however that smoked marijuana may be more effective for
some patients (Roffman 1982), and it would be certainly less
expensive, especially were cultivation for this purpose permitted.
In any case, the U.S. government does give mixed signals with
regard to marijuana and THC- on the one hand the marijuana plant and
its active principal are listed in Schedule I as having "no
currently accepted medical use"; then the same government shows
the error of this misclassification by itself distributing
marijuana and THC for medical use! Summing up the negative effect of
drug prohibition on medical research in a recent article of Science
magazine, Princeton University professor E.A. Nadelmann stated (Nadelmann
1989):
Current drug laws and policies, however,
greatly hamper the efforts of researchers to investigate these and
other potential medical uses of illegal drugs; they make it
virtually impossible for any of the illegal drugs, particularly
those in Schedule I, to be legally provided to those who would
benefit from them; and they contribute strongly to the
widely-acknowledged undertreatment of pain by the medical
profession in the United States.
These and other examples underscore the fact that a
decidedly negative result of the prohibition of entheogenic drugs
has been the curtailment of promising lines of clinical research,
and the withholding from the public of potentially valuable
medicaments. The laws are thus working to the detriment of
public health, quite in contrast to their ostensible purpose of
protecting public health. Meanwhile, the proscribed drugs are
readily available to all comers on the street corner, and the user
is deprived of the quality-control guarantees his tax dollars are
paying the Food and Drug Administration authorities (and their
counterparts in other countries) to provide. Yes,
"junkies" and "long-haired potheads" pat taxes
too, and enjoy the same rights to protection as "nicotine
fiends" and "short-haired gin freaks." We will leave
until the next section a discussion of how the public health has
been jeopardized by the criminalization of the black market in
drugs. Just as serious as the direct deprivation of potentially
valuable medicaments from the pharmacopoeia is the curtailment of
basic scientific research consequent to drug prohibition. Because of
the bureaucratic difficulties associated with research involving
controlled substances (Strassman 1991), and due to stigmatization of
the field in the eyes of personnel in the granting agencies and the
scientific colleagues of would-be researchers who
"peer-review" their grant proposals or decide on awarding
of tenure, etc., basic research with entheogenic agents all
but disappeared following their legal control in the 1960's. Indeed,
investigating positive applications of illicit entheogenic drugs is
considered to be the "kiss of death" to a conventional
scientific career. Our scientific culture has decided it will
"just say no" to information which can be derived from
basic research on entheogenic substances (Horowitz 1991),
information which could be vital to furthering our understanding of
basic brain function. Scientists are thus forced for political
reasons to discard a tool enabling them to approach the classic
brain/mind problem of philosophy- the biochemistry of consciousness
itself. Since the illicit entheogen DMT is now known to be a
neurotransmitter in mammalian brains (Christian et al. 1976;
Christian et al. 1977; Corbett 1978), research on this drug
and related indole entheogens (many of which are already illegal) is
a most promising line of inquiry for neurochemists studying
information processing in the brain, and for biomedical researchers
interested in developing therapeutic agents to modify pathological
malfunctioning of the human nervous system. The laws are militating
against this sort of research.
Nevertheless, such research will continue, perhaps
in countries with fewer regulations or a more enlightened policy
toward drugs. The passage in the United States of the
"Controlled Substances Analogues Act" of 1986 has been
widely perceived as illegalizing research involving synthesis, with
the intention of studying their effects in human beings, of any of
the illicit entheogenic substances or their automatically illegal
congeners (Repke 1992). It has become illegal in the United States
even to attempt to synthesize and test completely novel compounds...
the government essentially presuming to declare anything illegal
unless specifically authorized! Talk about socialistic central
planning and governmental control of industry! Pursuing this sort of
draconian legal overregulation will ultimately doom the United
States pharmaceutical industry to technological and economic
inferiority, as the next generation of mind-drugs is developed
elsewhere. After an American chemist working for a U.S.
pharmaceutical company published (before the enactment of the 1986
law) ethically flawless, legitimate research dealing with completely
legal, novel analogues of DMT, research conducted on his own time,
his company was subjected to a special investigation by the U.S.
Food and Drug Administration and he was threatened with dismissal!
When pharmaceutical companies are restricted by excessive
regulation, they simply invest elsewhere, where their research can
be accomplished with a minimum of interference. A recent example was
the decision of Swiss pharmaceutical multinational Ciba-Geigy to
abandon plans to construct a new pharmaceutical production facility
in the firm's home city of Basel, Switzerland. Because of the
political power of anti-biotechnology activists in Switzerland, the
firm decided to cancel construction plans for the $125 million
facility in Basel, and instead is building a plant across the border
in Huningue, France (Aldhous 1992). Needless to say, jobs in Basel
are threatened by this development.
Besides crippling neurochemical research and
depriving the public of valuable medicaments, drug prohibition
occasions other, tangential and collateral damage to scientific
enterprise. An important recent example has to do with the U.S.
governments deployment of a line of "aerostats"- balloons
outfitted with sophisticated radar equipment and tethered at around
10,000 feet altitude along the U.S./Mexico border and the Florida
coast. The purpose of these aerostats is to monitor non-commercial
aviation traffic across the border in search of aircraft engaged in
illicit drug smuggling (Marshall 1988b). These radar eye-in-the-sky
balloons, however, interfere with radio astronomical research by
observatories in Arizona and elsewhere. In particular, the aerostat
radars, which are powerful radio transmitters, broadcast radio
signals in the 1215-1350 MHz frequency range, and effectively blind
the astronomical equipment to the red-shifted hydrogen spectra of
distant galaxies (Stone 1991). Scientific research once again
suffers because of the obsession of the U.S. government with drug
enforcement- increasingly an anti-scientific endeavor. As an
American citizen, it is profoundly embarrassing to me to contemplate
the spectacle of an array of gigantic balloons strung along the
border with Mexico... just imagine, balloons... the country is
coming to look ever more like some sort of immense used car lot,
which the broken-down economy mismanaged by an anti-scientific
government increasingly resembles as well!
Practical and Legal Considerations
The fundamental problem with the concept of drug
control is that most human beings, in all eras and cultures about
which we know, have used and enjoyed drugs to modify their mood or
state of mind. In the United States, foe example, there are nearly
200 million people over the age of 12, of which 178 million are
caffeine users (89%), 106 million are alcohol users (53%), 57
million are nicotine users(28%), along with approximately 12 million
marijuana users (6%), some 3 million cocaine users (1.5%), 2 million
heroin users (1%), with about a million users (0.5%) each of the
entheogens and non-ethanol solvents (according to the governments
conservative data from a household survey; Goldstein & Kalant
1990). Not only are the numbers of illicit drug users greatly
inferior to the numbers of users of legal psychoactive drugs
(alcohol, nicotine, caffeine), but the scope of health problems
associated with illicit versus licit drug use shows a similar
disparity. Compared to the estimated three to four thousand deaths per
year as a consequence of all illicit drug use combined,
approximately 320,000 Americans die prematurely each year as
a consequence of tobacco use, and they are accompanied to the
graveyard by an additional 200,000 premature cadavers each year
resulting from use of alcohol (Nadelmann 1989). Although there are
approximately three times as many nicotine users in the United
States as users of all illicit drugs combined, there are nearly 100
times as many deaths as a result; and although there are about five
times as many alcohol users as illicit drug users, alcohol is
responsible for some 50 times as many deaths. One might conclude
that tobacco is some thirty times more dangerous than entheogens,
marijuana, cocaine and heroin; and that alcohol is about ten times
more dangerous... or one might claim that in time we will discover
that additional premature deaths are in fact due to illicit drug
use. Nevertheless, the disparity is striking, and it cannot be
argued that illicit drugs are justifiably illegal because they are
dangerous, as long as substances evidently much more dangerous are
legal. Because something is dangerous does not justify illegalizing
it, it any case. Whereas the comparatively benign psilocybine-containing
mushrooms (see Chapter 5) are illegal, the deadly-poisonous amatoxin-
and phallotoxin-containing Amanita and Galerina
species are perfectly legal (Ott 1978b; Ott 1979b). Similarly, with
regard to drug toxicity deaths, 70% are the result not of illicit
drugs but of legal prescription drugs, of which it is said that 300
million doses per year are "abused" (Hollister et
al. 1991.
I might also mention that, whereas both alcohol
and nicotine are highly addictive substances (Byrne 1988; Schelling
1992), the entheogens show no pattern of habituation or withdrawal
syndrome (Hofmann 1980). In a recent article arguing for drug
control, on a 1-5 scale of "relative risk of addiction"
(with 1 being the highest risk), addiction authorities A Goldstein
and H. Kalant rated nicotine a "2" along with heroin, with
alcohol rating a "3" along with barbiturates and
benzodiazepines or "sleeping pills" (Goldstein &
Kalant 1990). Marijuana was given a "4," and the
entheogens a "5," together with caffeine. In a rebuttal to
letters in response to their article (Hollister et al. 1991),
Goldstein & Kalant commented that the entheogens really didn't
even belong on a table of risks of addiction, since these drugs
are "aversive rather than reinforcing in animal models"-
that is, that experimental animals will avoid them rather
than become habituated to them. Although many people persist in
ignoring the fact that nicotine is an addictive drug (a recent
letter complained "to compare nicotine with crack would seem an
assault on common sense"; Levin et al. 1992!), former
U.S. Surgeon General C.E. Koop stated in no uncertain terms (Byrne
1988:
The pharmacological and behavioral processes that
determine tobacco addiction are similar to those that determine
addiction to drugs such as heroin and cocaine... We should also
give priority to the one addiction- tobacco addiction- that is
killing more than 300,000 Americans each year.
In the former Soviet Union in 1990, tobacco shortages
sparked widespread riots, forcing emergency importation of American
cigarettes (Frankel et al. 1992b)! Long-suffering consumers
would endure stoically chronic shortages of food, clothing and
energy, but not tobacco- this, in the country in which the real
Czar once ordered the execution of tobacco smokers (Szasz 1974)! As
if to underscore the metabolic similarity between heroin addiction
and nicotine addiction, the hypotensive drug Clonidine has
been found to ameliorate or diminish both heroin and nicotine
withdrawal symptoms (Glassman et al. 1984), and former
National Institute on Drug Abuse (NIDA) director W. Pollin stated
that tobacco addiction was "no different from heroin or
cocaine" (Holden 1985). In magazine advertisements by Marion
Merrell Dow, Inc., manufacturers of Nicorette chewing gum
(containing nicotine polacrilex in 2 to 4 mg doses per piece), it is
stated quite plainly: "your body's addiction to nicotine is a
medical problem." Chewing the gum is said to "relieve the
discomfort and anxiety that are nicotine withdrawal symptoms,"
and slowly reducing the daily dose of Nicorette will
"enable your body to adjust and slowly overcome its
addiction." The gum became famous when former "Drug
Czar" W.J. Bennett, who on assuming his post had given up a two
pack-per-day cigarette habit to set a good example (Marshall
1989), later admitted that he had relapsed, and was still hooked on
nicotine gum. Just say no!
Not only is psychoactive drug use nearly universal
among American adults, but virtually every culture that has been
studied has been found to make use of one or another inebriating
substance (Weil 1972). Moreover, there is increasing evidence for
the use of medicinal and inebriating plants by non-human animals
(Siegel 1989; Siegel & Jarvik 1975; Siegel et al 1974;
Sigstedt 1990; Williams 1989), of which the most famous example is
that of catnip (Nepeta cataria) as an inebriant by housecats,
a use to which most any species of feline is susceptible, given
access to the drug (see Appendix B; Tucker & Tucker 1988). The
American Association for the Advancement of Science recently held
sessions on "zoopharmacognosy" at its annual meeting
(Gibbons 1992). Clearly, use of inebriants is a normal, ordinary,
animal activity, virtually universal among members of our species,
and any legal attempts to prohibit one psychoactive substance in
favor of another (which, after all, involve questions of taste,
tradition and prejudice rather than any scientific criterion) is
automatically destined for trouble. Laws simply will not deter many
millions of people from using the drugs of their choice, but they
can distort and pervert the legal system and wreak all sorts of
havoc in the attempt.
An avowed purpose of drug control measures in the
United States is to increase the street prices of illicit drugs. In
this sense, the costs imposed on traffickers by the necessity of
escaping detection and by the loss of occasional shipments or the
arrests of personnel constitute a sort of "business tax"
which is passed on to the consumer. The governmental expenditures on
drug enforcement can be seen as a subsidy of the illicit drug
dealers. As Professor Nadelmann put it (Nadelmann 1989):
The greatest beneficiaries of the drug laws are
organized and unorganized drug traffickers. The criminalization of
the drug market effectively imposes a de facto value-added tax
that is enforced and occasionally augmented by the law enforcement
establishment and collected by drug traffickers. More than half of
all organized crime revenues are believed to derive from the
illicit drug business; estimates of the dollar value range between
$10 and $50 billion [U.S. $10-50 thousand million!] per year... If
the marijuana, cocaine, and heroin markets were legal, state and
federal governments would collect billions of dollars annually in
tax revenues. Instead, they spend billions in what amounts to a
subsidy of organized criminals.
We will return below to the economic consequences of
the drug laws. Here the important point to note is their lack of
efficacy. n driving up the prices of illicit drugs, the laws enrich
criminals and lead to petty theft and other crime to enable users to
pay the exorbitant prices which result. Besides arbitrarily
classifying millions of users as criminals, and forcing the users
into contact with the criminal element sometimes associated with
drug trafficking, the drug laws provoke more crime- drugs
which would otherwise be cheap become expensive as a consequence of
official policy, and theft and related crimes increase
proportionately. The public health is again degraded, as the citizen
is placed in greater danger of muggings and burglaries, even of
being an innocent victim of a shootout between rival drug gangs
fighting over territory. A hard-boiled, medical analysis of drug
laws in the Journal of the American Medical Association
concluded (Edison 1978):
The laws controlling narcotic and other
psychoactive drugs... should be evaluated for effectiveness and
safety in the same way we would evaluate surgical or pharmacologic
treatment. As a treatment, the drug laws appear to be only
marginally effective. Their side effects are so dangerous that the
treatment is often more devastating than the disease. A judgment
based strictly on the effectiveness and safety of the drug laws
would require their immediate repeal or overhaul.
In a similar vein, Daniel E. Koshland Jr., the
editor of the premier American scientific journal Science, a
man with extensive career experience in the chemistry and
pharmacology of opiate drugs, commented in an editorial entitled
"The War? Program? Experiment? on Drugs" (Koshland 1989):
The drug program recently unveiled by the Executive
Branch... is at least a useful experiment, and should be labeled
as such... A minimal requirement would seem to be ongoing analysis
of the program's degree of success, to decide whether to continue
in the same direction or to seek new directions if the program is
not succeeding... The experiment will be acceptable only if
accompanied by a scientific detachment that says, "The
get-tough experiment is under way. If it fails, legalization is
next."
Nevertheless, the government understandably shies
away from studying the efficacy (or lack thereof) of its own efforts
against drugs, and has repeatedly been accused of "flying
behind" in the "War on Drugs" (Hamilton 1990;
Marshall 1988a).
While the government experiments with the
"get-tough" approach, scientific developments have
compromised severely the forensic chemical basis for evidence in the
ensuing drug-related prosecutions. The interesting discovery that
the illicit entheogen DMT appears to be a mammalian neurotransmitter
(Christian et al. 1976; Christian et al. 1977) and
that the drug normally occurs in cerebrospinal fluid (Corbett et
al. 1987) raises important legal questions. Moreover, diazepam
or Valium has been found to occur in rat brain and in trace
amounts in wheat grains (Wildmann et al. 1987), and
"diazepam-like" compounds have been found in bovine urine
(Luk et al. 1983). Similarly, the controlled opiates morphine
and codeine have been found to be normal components of human
cerebrospinal fluid (Cardinale et al. 1987), and morphine has
been found to be a trace constituent of cow and human milk, and to
occur naturally in mammalian brain tissue. Trace amounts of morphine
have also been detected in "various plants such as hay and
lettuce" (Hazum et al. 1981). In ancient times, Pliny
reported a lettuce variety called "poppy lettuce, from its
abundance of juice of soporific property" (Harlan 1986) and lactucarium
or "lettuce opium" was introduced to the pharmacopoeia in
1810 (Duncan 1810) and may still be purchased from companies
advertising in "countercultural" drug magazines. Trace
amounts of morphine in poppy seeds used in baked goods can show up
in the urine of a diner. With the detection of morphine in urine
being considered prima facie evidence of heroin use in
methadone-clinic patients and in job applicants (Bigwood 1978;
Potter & Orfali 1990), and with the drug laws flatly proclaiming
that unauthorized possession or sale of "any material,
compound, mixture or preparation which contains any quantity
of" DMT, Valium, morphine and many other drugs, where
does this leave the concept of drug control and forensic chemical
evidence? If morphine occurs in hay and lettuce, in poppy-seed
rolls, in every one of our bodies, even in mothers' milk... on what
scientific basis can an authorized cultivator of opium poppies be
punished, without also punishing lettuce and hay growers, or the
proprietors and employees of supermarket chains and the corner Mom
and Pop grocery for illicit trafficking in morphine present in each
and every quart of wholesome milk? On what basis... as citizens
subjected willy-nilly to the absurd consequences of drug laws... we
demand to know... on what basis?
The absurdities and incongruities into which we
fall in the looking-glass world of the drug warriors by no means end
there. A recent article in Science proclaimed that the U.S.
National Institute on Drug Abuse (NIDA) "Aims to Fight Drugs
with Drugs," that "the agency is planning a massive search
for medications to treat cocaine and other addictions," looking
for "magic bullets for addiction" (Waldrop 1989)! The only
"magic bullets" for addiction the authorities have found
so far are the .38 caliber variety injected by police special
revolvers! Let's treat whiskey addicts with gin while we're at it...
or heroin addicts with methadone... surely they can't be serious! Do
they say this with tongue in cheek, or do they have something else
in cheek... perhaps a goodly quid of leaves from the "stupid
bush" which the CIA chemical warriors were searching for in the
Caribbean in the fifties and seem to have found at home on Langley
(Marks 1979)? We must call recall that heroin was originally
marketed as a "cure" for morphinism (Escohotado 1989a;
Latimer & Goldberg 1981), and one of the "magic
bullets" against addiction, bromocriptine or Parlodel
(see Chapter 2, Note 9), is already suspected of being itself an
addicting drug (Holden 1989b). The article goes on... claiming this
could be a "Manhattan Project for chemists"- so what does
that mean, "nuke" your neighborhood junkie or hippie?
Maybe that's not too far off the mark- a recent review of a book
about the Manhattan Project by prominent physicist Freeman J. Dyson
drew a specious analogy between LSD and nuclear weapons:
"nuclear weapons and LSD are both highly addictive... Both have
destroyed many lives and are likely to destroy many more..."
(Dyson 1992). Nobody said Dyson was an expert on entheogenic drugs,
but the scary fact is that Science published this absurd
fancy, and this well-respected scientist was apparently serious. Of
course, I realize NIDA has no intention of treating whiskey addicts
with gin... more like treating whiskey addicts with methanol...
forcing people off one drug, the effects of which they happen to
like, and substituting another drug which will do everything for
them but provide the pleasure they originally sought in drugs! This
is treatment... or assault?
Meanwhile, as thousands of people are being
arrested for possession of cocaine, it has been found that another
"material, compound, mixture or preparation which contains any
quantity" of this illegal substance is the bulk of American
paper money! In an analysis of 135 American Federal Reserve Notes of
varying denominations and from different parts of the country, all
but four (97%) contained detectable quantities of cocaine. The
average content was 7.3 mcg of cocaine per bill, and one bill
contained as much as 270 mcg of cocaine (Pool 1989). This means that
virtually all Americans (save only the poorest, who might have only
"spare change" in their pockets) are in possession of a
Schedule II drug all the time, with the richest among us
perhaps falling in the "possession with intent to sell"
category based on the gross weight of a big bankroll of
cocaine-containing greenbacks... or should we call them "whitebacks"?
But since the citizen carrying his hard-earned Federal Reserve Note
is legally just a "bearer" of a monetary instrument which
is the property of the Federal Reserve Bank, does this mean that it
is the proverbial "higher ups" who are to be arrested...
do I hear calls for an indictment against the Chairman of the
Federal Reserve Bank and the Secretary of the Treasury for cocaine
trafficking... or, since the "buck" ("cocabuck"?)
ostensibly stops on the desk of the oval office, let's go right to
the top of this sordid drug ring, to the President of the United
States. Never mind the fact that the U.S. currency is printed on
paper containing hemp (i.e. marijuana) fiber, or that Betsy Ross'
first American flag was sown on hempen cloth, or that the originals
of the U.S. constitution and Declaration of Independence are written
on hemp fiber parchment!
Chemical detection technology has progressed to
such a point that we are all in danger of being the
"enemy" in the "War on Drugs"... or prospective
casualties. Recently a military plot, a commissioned officer of the
United States Air Force, was ignominiously court-martialed for
illicit drug use when amphetamine residues were detected in his
urine. Thanks to a little scientific detective work, it was later
proved that an over-the-counter anorexic (diet pill) he had been
taking quite legally, a product which contained phenylpropanolamine
as active agent was contaminated in the manufacturing process with
trace amounts of amphetamine, as were other lots of similar products
tested. The court-martialed pilot was given back his commission and
reinstated to active duty, but not restored to his prior flight crew
status (Pool 1989). It is significant that a major legal challenge
to government plans to screen employees' urine for drug metabolites
was mounted by U.S. Customs agents, the Grand Lodge of the Fraternal
Order of Police and U.S. Department of Justice federal attorneys who
commented: "they test; we sue" (Crawford 1988)! Note that
these are the "frontline troops" in the "War on
Drugs," and they don't want "the people" to know what
drug metabolites are in their urine! A company called
Psychemedics is now fighting the "urinalysis lobby" for a
piece of the $200 million per year U.S. drug testing market-
promoting a technology based on infinitesimal residues of drugs or
drug metabolites in hair samples (Holden 1990c). There is some
evidence that merely allowing your fingers to touch your hair after
handling some of the Federal Reserve Chairman's cocaine-blighted
bills could make you a candidate for a positive reading in a "hairanalysis"
drug test... or taking a stroll through the park and inadvertently
passing through some marijuana smoke exhaled by some brazen
lawbreaker (it has been demonstrated that such "passive"
exposure to Cannabis smoke can lead to false positive
readings for marijuana use in blood and urine tests too; Moreland et
al. 1985). Urinalysis also involves the problem of "false
positives" if detection thresholds are set low enough to detect
all users (Schwartz et al. 1987). The ultra-sensitive
analyses for drug metabolites in urine cannot tell whether morphine
in the urine came from a shot of heroin or a few poppyseed rolls
with sinner. Do you still think the troops fighting the "War on
Drugs" are on your side... can you be sure you won't one day be
considered "enemy"? Perhaps the "skinheads" are
on to something...
Let's face it, we're all on drugs, all
of the time... I'm not talking about the industrial quantities
of alcohol, caffeine, nicotine, marijuana, cocaine, heroin, etc.
consumed regularly by humankind, but about the DMT and morphine our
bodies make for us and which we "consume" all the time; or
our very own sleeping pill, the endogenous ligand of the Valium
receptor (which may be Valium itself); or the "anxiety
peptide" which blocks that receptor (Marx 1985); or our
endorphins and enkephalins (our own self-produced "ENDOgenous
moRPHINES"; see Snyder & Matthysse 1975) which kill our
pain; or "Substance P," our own pain-causing molecule (Skerrett
1990); or anandamide, the endogenous ligand of the THC (marijuana)
receptor (Devane et al. 1992)... The life of the mind, of
consciousness, is a constant, ever-changing pharmacological
symphony, or to put it less romantically, a never-ending drug binge.
The urge to ingest opiates or DMT or Valium is completely
natural (Siegel 1989) and as "organic" as can be- we are
only supplementing or complementing the drugs that make our brains
work, and these drugs work for us precisely because they are
identical to, or chemically similar to our own endogenous drugs.
Researchers have found "commonalities" in "drug
abuse" irrespective of gross pharmacological differences
between different classes of drugs (Holden 1985) because on one
level all psychoactive drugs are the same- they are all fitting into
our own brains' own receptors for our homemade, endogenous drugs.
The inequities and incongruities drug laws force
on our legal system are many and weighty. Scientists presently are
vociferously debating (and rightly so) the statistical and legal
interpretations of forensic evidence based on DNA analysis, so-
called "DNA-fingerprinting" in which the DNA of an
individual left at the scene of the crime is amplified by PCR
technology (The Polymerase Chain Reaction invented by K. Mullis,
formerly of Cetus Corp.). A recent article in Science (Chakraborty
& Kidd 1991) questioned the claimed statistical significance of
"matches" between DNA "fingerprints" (in
reality, autoradiograms of electrophoretic separations on
polycrylamide gel of fragments of digested DNA), and the editors of
the journal felt compelled to take an unprecedented step by
simultaneously publishing a rejoinder to this article (Lewontin
& Hartl 1991) and a news article explaining why (Roberts 1991),
all followed by an editorial (Koshland 1992) and a spate of letters
and rebuttals (Wills et al. 1992). This is as it should be,
for the technology promises to revolutionize the nature of evidence,
both accusatory and exculpatory. The extreme care with which the
scientific community is treating the establishment of standards for
DNA fingerprinting, however, contrasts markedly with the standards
prevailing in a modern American drug-violation prosecution.
Entrapment of the defendant is the rule, and sometimes undercover
group A of municipal drug police is working assiduously to entrap
undercover group B of state or federal police, and there have even
been shootouts between two different police units. This is
protecting the public welfare? Eyewitness testimony purchased from
avowed criminals (whether outright with cash, or with pardons or
reduced sentences) is de riguer. The luckless defendant may
have been subjected to an illegal wiretap or search and seizure
without warrant or probable cause, but since the police were
"acting in good faith" (the police are always "acting
in good faith," aren't they?) the evidence is admitted. Even
more shocking and fraudulent is the established American practice of
regarding one gram of 10% heroin to be one gram of heroin (when in
reality only one-tenth of a gram of heroin is involved) in
considering sentencing or the charge (simple possession is
distinguished from possession with intent to sell, which carries
much stiffer penalties, by the quantity of drug seized as evidence).
This is especially absurd when doses of LSD are seized, which may
contain only 25 to 50 mcg of the drug on a piece of paper or gelatin
weighing tens or hundreds of milligrams (Shulgin & Shulgin
1991). Imagine the innocent farmer wending a weary way to the barn
in a bucolic setting with a couple of tons of hay on the truck...
hay which contains morphine (Hazum et al. 1981) in trace
quantities... by this standard (s)he could be arrested for
possession of a couple of tons of morphine, and go down in history
as one of the all-time great narcotraficantes. How about an
Untouchables-type raid on a pasteurization plant, to bust the
nefarious pushers of tons of "morphine"- milk containing
traces of the drug, that is? My ludibrous tone masks genuine
concern- as a citizen subject to the possibility of entrapment and
wire tapping, to all sorts of chicanery, prestidigitation and fraud
in the name of law enforcement, I demand to know... we must
know... on what basis can "the people" prosecute
ill-starred individuals in possession of "grams" or
"kilograms" of illicit drugs, meanwhile allowing
traffickers in "tons" of Valium, morphine, codeine,
DMT or any number of other controlled drugs to go free? On what
basis?
Entrapment, wiretaps, searches without warrant or
probable cause, arbitrary enforcement due to the very ubiquity of
controlled substances in our own bodies, on our money, in the milk
we drink... these disreputable, slipshod and unethical enforcement
techniques of questionable legality threaten our freedoms and human
rights. However bizarre or patently illegal a police tactic may be,
once it is accepted in a court of law, and then cited in another
judgment, a body of precedent begins to accumulate, and what was
once a heavy-handed excess by rogue elements of police operating
outside of the law slowly becomes standard practice acceptable in
any courtroom (Shulgin & Shulgin 1991). The use of extraordinary
"emergency" measures instituted to deal with the
"epidemic" of "drug abuse" and tolerated by
judges who have swallowed the anti-drug propaganda hook, line and
sinker, is changing the relationship of citizen to state to the
detriment of individual freedom. Our civil rights guaranteed under
the Bill of Rights to the U.S. Constitution, such as the right to
privacy, freedom from unauthorized search and seizure practices, such
as the presumption of innocence are steadily eroded and wear
away as surely as Thomas Jefferson's face disappears from an aging
nickel coin, and police-state tactics that once were
"wartime" expedients justified by the "deadly
menace" of drugs are suddenly applied to any and all areas of
law enforcement. Already we are seeing the same Gestapo-inspired
police-state tactics applied to the enforcement of other laws (Gestapo
was the German acronym for Geheimne Staats Polizei, or Secret State
Police" under the National Socialist German Worker's Party, or
"Nazi" government of Adolf Hitler). Bizarre and illegal
raids and seizures have been directed against so-called
"computer hackers," the police assiduously taking
advantage of the legal dispensations given to "drug
warriors" (Gans & Sirius 1990; Holden 1990b; Levy 1991;
Sirius & Gleason 1990; Sterling 1992. As a recent article in Mondo
2000 noted:
Acting on the request from certain corporations,
the FBI and the Secret Service- armed with vaguely worded
warrants- have raided businesses and homes of private citizens and
seized tremendous numbers of computers and related items, with
very few corresponding arrests. The language of the warrants was
vague because even in the rare case where the government knows
what it is looking for, on the electronic frontier, it probably
has no idea what it is looking at. (Gans & Sirius;
italics in the original)
After snooping illegally on conversations over
electronic bulletin boards, and because of government agents'
profound ignorance regarding the terminology employed, a business
called Steve Jackson Games, Inc. was raided by the Secret Service,
three computers and data for a product in development (a
non-computer game seized, and the company was almost driven into
bankruptcy (Holden 1990b; Levy 1991). No crimes had been committed,
nor were criminal charges ever brought against the company or its
employees, who were not compensated for damage to equipment (when
the computers were returned six months later, one was destroyed and
another required a $200 repair) and financial losses exceeding
$125,000. Owner Jackson was forced to lay off eight of his 17
employees to stay in business. The raid was conducted pursuant to a
vaguely-worded warrant which was not explained to the owner of the
business, and when his lawyer asked to see the warrant, he was told
the information was "sealed." Thanks to the excessive zeal
of our drug-bust-crazed police, eight people lost their jobs, having
committed no crimes- will some of these innocent victims turn to
drug-dealing to support their families? In a related case in which
the government brought charges against an alleged "computer
criminal" for supposed complicity in stealing information from
a telephone company, information alleged to be "highly
proprietary" and worth $79,000, the prosecution ignominiously
dropped the charges in mid-trial when the defense showed the alleged
stolen property was public information, readily found in public
libraries and openly distributed by the company in question for $13
by calling a toll-free number (Levy 1991)... the grand larceny
charge evaporating to petty theft before the astonished prosecutor's
eyes! This case exposed the legal charade for what it was- not
police fighting crime, but a war over "freedom of
information," over control and ownership of information, and
against the libertarian element favoring freedom of access, whether
to information or to drugs (Clarke 1992; Ross 1991). But the U.S.
government insists on having unfettered access to information- the
U.S. National Security Agency (NSA), in collaboration with the U.S.
State Department, is prohibiting the export of "RSA"
data-encryption programs (for encoding computer or other digital
data) which exceed a standard, in this case allowing only
"algorithm keys" of 40 bits or less. This enables the NSA,
with its state-of-the-art, to be able rapidly to "crack"
any codes it wishes, whereas a 512 bit "key" is considered
necessary for relative security, given the speed of today's
supercomputers (French 1990). The FBI has proposed a bill and a
"Digital Telephony Amendment" to the 1934
"Communications Act" which will require any new
communications system (including computer networks) to be designed
to allow facile wiretapping by the authorities; even though in 1990
U.S. judges approved only 872 legal wiretaps (Levy 1992). This is
like requiring that condoms or automobile airbags have holes in
them! Of course, the way to make computer networks secure against
"hackers" and spies (which the NSA is ostensibly looking
for- domestic spying is supposedly beyond its reach) is to allow
effective encryption of data, not to conduct Gestapo-like raids,
not to seize or destroy computers. As long as the government wishes
to have access, it will be available to anyone with the ingenuity to
discover the "back door" to any computer system. In the
Steve Jackson Games case, one of the computers seized was at the
time running an electronic bulletin board, a form of expression
which the U.S. Constitution protects as surely as it protects
printing presses and broadcast media. Federal Judge Sam Sparks
agreed, and subsequently awarded Jackson and associates $55,000 plus
court costs in their suit against the Secret Service, ruling the
investigation had violated the "Electronic Communications
Privacy Act." In his judgment in Austin, Texas, Sparks held
that electronic bulletin boards qualify as publishing under the law,
entitling operators like Steve Jackson Games, Inc. to the protection
of the "Privacy Protection Act" which limits government
access to files and records of journalists and publishers (Ortega
1993). Although freedom of information appears to have won this
round, can anyone be deluded into supposing that the U.S. government
will draw the line at "computer hacking" as it flexes its
new police muscle? Is it likely U.S. law-enforcement officials will
draw the line anywhere?
In a recent interview with an American journalist,
the chief of Amsterdam's narcotics police commented that the idea of
a "War on Drugs" reminded him of Gestapo, German police
who "thought they could change society's behavior. The police
are a very dangerous element in society if they are not limited. We
know what war means... We fight war against our enemies, not with
our own citizens" (Beers 1991). In the Netherlands drug laws
similar to the American laws are on the books, but the Dutch
government administers them in a fashion characterized as "harm
reduction" or "flexible enforcement"- narcotics chief
Zaal commented that illegal drug users are "patients, and we
can't help them by putting them in jail" (Beers 1991.) In the
wartime United States, then-Los Angeles Police Chief Daryl Gates
testified to the Senate Judiciary Committee that illicit drug users
"ought to be taken out and shot" for "treason"
(Beers 1991). In the "War on Drugs" only the users are
shooting the drugs, the police are shooting at us; people are
the enemy, people become casualties. It is a dangerous
cat-and-mouse game, and although the police are ostensibly the cats
catching and destroying the mice, nevertheless the mice in this case
are leading the cats around by their noses, always a step ahead.
This is an inevitable and predictable result of concentrating drug
control efforts on the supply, rather than the demand.
The U.S. "War on Drugs" is a
"supply-side" endeavor- 71% of the funds in the fiscal
year 1991 "National Drug Control Strategy" was destined
for reduction of supply (29% for "interdiction and
international control"; 42% for law enforcement); only 29% for
"demand reduction" (Goldstein & Kalant 1990). Since
more than 75% of the nearly 750,000 yearly arrests for drug-law
violations in the U.S. are for simple possession, mainly of
marijuana (Nadelmann 1989), it can be said that the bulk of U.S. law
enforcement effort is directed at punishing users, rather than
reducing the supply. "Interdiction and international
control" efforts have been, by and large, ineffectual. Despite
intensive efforts directed against the illicit production of cocaine
in South America, and toward interception of the drug at U.S.
borders, the wholesale price of cocaine dropped 80% during the
1980s, while the purity of the drug as retailed increased fivefold,
according to the U.S. Drug Enforcement Administration's (DEA)
figures (DEA 1989). Since the DEA reported in 1987 that the foreign
export price of cocaine represented only 4% of the U.S. retail
price, there is no reason to expect a reversal in this utter failure
to reduce supply- the drug is so cheap to produce and so lucrative
that traffickers can and do easily counteract any increased activity
or expenditures by the authorities. Once again, the laws constitute
a subsidy to the traffickers- a "value-added tax," and the
foreign aid money put into crop substitution programs in Peru
constitutes a direct subsidy to increased planting of coca.
Since the interest rates are so high, farmers simply plant a small
parcel in one of the accepted substitute crops, as a cover, then use
the bulk of the funds to plant more coca - the only crop
sufficiently remunerative to enable them to repay the loans (Morales
1989). Except for opium poppies, that is... (Morales 1989; Ott
1992a)
Heroin production is even more lucrative and even
less influenced by enforcement activities- according to the DEA, the
foreign export price of heroin is only a fraction of 1% of its U.S.
retail price. As the international control efforts against heroin
have been directed chiefly at the "Golden Triangle" area
of Southeast Asia and Eastern Europe, traditional opium poppy
growing regions, the traffickers have simply begun to introduce
opium and heroin production in areas not traditionally known for
this. Opium poppy cultivation has become so widespread in Mexico,
that the country has emerged as one of the leading heroin suppliers
to the U.S. market. Moreover, opium poppies have become the natural
and preferred substitute crop for coca in South America, and
heroin production in being introduced in Bolivia, Colombia, Peru and
even Guatemala. Enforcement activities have thus led the black
market to its own crop-substitution scheme, and opium poppies
are being substituted for coca, with the inevitable result
that any reduction in the supply of cocaine will be more than
compensated for by a substantial increase in the supply of heroin.
This is progress... this is protecting the public health?
The U.S. authorities have been relatively more
successful in reducing the smuggling of marijuana into the country,
yet there is a plentiful supply of marijuana on the U.S. market. Not
only is the drug cheap to produce (foreign export price 1% of U.S.
retail price, according to DEA figures), but the unintended (though
entirely predictable) results of the U.S. campaign against the drug
have been the conversion of the U.S. into one of the world's leading
producers of the drug and the transformation of many former
marijuana smugglers into cocaine and/or heroin smugglers (Adler
1985)- as costs of smuggling increase, smugglers will turn to loads
with a higher value per unit of weight. Thus exaggerated attention
focused by the authorities on the smuggling of marijuana has led to
vastly increased domestic production, obviating the necessity of
sneaking the drug past beagle-eyed customs officials. The value of
the U.S. marijuana crop in 1987 was estimated at $33.1 billion
($33,100 million; Siegel 1989). The market is still supplied, but in
a manner less visible to the authorities, immeasurably more
decentralized and much less susceptible to control efforts. While
this development may help the country's international balance of
trade, it hasn't made much of a dent in the supply, and has made
future attempts to influence the supply infinitely more difficult.
Furthermore, the necessity of indoor intensive cultivation to escape
surveillance has led to the development of super-potent strains of Cannabis
approaching 20% THC, nearly double the concentrations found in
natural, outdoor strains previously considered to be the most
potent. The price has gone up, yes, but producers have managed to
continue to supply the market with a product superior to that
formerly smuggled, are much less likely to be arrested, and are
making much more money! Does anyone still doubt, as Professor
Nadelmann claimed, that the producers and traffickers of illicit
drugs are the chief beneficiaries of the laws (Nadelmann 1989)?
Another predictable response to
"supply-side" enforcement efforts has been the
introduction to the black market over the past 15 years of a series
of completely artificial heroin analogues. The first of these
so-called "designer drugs" (Kirsch 1986) to appear on the
U.S. market were derivatives of Meperidine or Demerol,
such as MPPP, which is about 25 times the potency of the parent
compound and about three times the potency of morphine. The most
famous of "designer narcotics," however, are the compounds
known as "China White"- derivatives of the medicinal Fentanyl,
a compound some 100 times the potency of morphine. The best-known of
these black-market derivatives is (alpha)-methyl-Fentanyl,
roughly 3000 times the potency of morphine. According to the DEA,
starting materials and equipment to make a kilogram of this drug
cost about $2000, with the product being worth as much as a billion
dollars ($1000 million)! It is important to note that this compound
was an invention of black market chemists, never described in the
chemical literature (Baum 1985; Shafer 1984; Shafer 1985). Once
again, "supply-side" enforcement directed against opium
poppy cultivation and heroin production has stimulated domestic
production of inexpensive succedanea thousands of times the potency
of morphine. In a similar manner, exaggerated attention focused on
illicit cocaine production and smuggling is fueling the growth of
the U.S. amphetamine industry. Annual domestic production of
methamphetamine is estimated to be worth $3 billion ($3,000 million;
Cho 1990). Again, the U.S. trade deficit has been helped, but
comparatively large-scale and visible enterprises such as heroin and
cocaine production are being replaced by practically invisible
small-scale substitutes. Instead of international networks of
growers and harvesters, chemists and smugglers, now all that is
required are solitary chemists inside the countries of consumption.
As drug policy experts A. Goldstein and H. Kalant stated in a recent
article:
Advances in pharmaceutical chemistry are such that
highly potent psychoactive drugs of every kind can be synthesized
readily in clandestine laboratories, so the illicit market would
adjust quickly even to a complete sealing of our borders, were
that possible. (Goldstein & Kalant 1990)
Misguided enforcement efforts have resulted in the
creation of decentralized and small-scale production of
alternatives, practically invisible to the authorities. Production
costs go down, profits skyrocket, and the chances of detection and
arrest are reduced- the illicit drug manufacturers and retailers
couldn't be happier.
It is simply too easy to outwit the drug laws.
Well before the authorities realize what is going on, talented
surreptitious chemists have invented new, more profitable, and legal
succedanea for controlled drugs. When one of the "designer
heroin" labs was busted, the chemist told police he was
experimenting with "snow cone flavorings" (Shafer 1984).
When the results came back from the forensics laboratory, the police
found they had no case against the person. When (alpha)-methyl-Fentanyl
was finally identified (the first structure proposed by the DEA
chemists, 3-methyl-Fentanyl, later turned out to be
erroneous; Ayres et al. 1981; Baum 1985) and the drug was
scheduled, the ingenious chemists made para-flouro-Fentanyl,
still legal. Finally, the government concocted the "Controlled
Substances Analogues Act" establishing the novel principle that
any chemical or pharmacological analogue of any illicit drug could
be deemed to be illegal! This is a textbook case of an
unconstitutionally-vague statute, and is the purest essence of
arbitrary and selective law enforcement, crystallized in a form more
potent than any Fentanyl derivative. Never mind that this
absurd law makes virtually anything illegal which some police chief
or district attorney doesn't like (Shulgin 1992), and is virtually
illegalizing scientific research into mind drugs and making the
whole field of chemistry suspect; the important thing is it simply
will not work. Sure, it will enable charges to be brought against
manufacturers of new analogues, on the rare occasions when such are
detected and arrested, but the genie is out of the bottle. The laws
have made illicit drug synthesis so profitable and it is such a
simple endeavor, that no law will stop it, not even capital
punishment. The laws even serve as textbooks for would-be black
market drug chemists, who look through the schedules for ideas for
new products (Shulgin & Shulgin 1991).
Having touched on the subject of Constitutional
vagueness, it is important to stress that scientific research
continues to reveal new plant (and animal) species containing
illegal compounds. Since controlled substances such as DMT, morphine
and codeine appear to be general mammalian neurotransmitters, dog
and cat (or other mammal) owners are technically in unauthorized
possession of illicit drugs all the time. As we will see in
Chapter 5, there are at least 89 species of mushrooms now known to
contain illegal psilocybine, and another 57 species can safely be
assumed to contain these compounds. This book mentions some 250
plant species known to contain illicit drugs. Some, such as the
forage grass Phalaris arundinacae, are common articles of
commerce which can be purchased cheaply by the truckload; some, like
the psilocybian mushrooms, grow adventitiously all over the world.
Since one would have to be expert in plant taxonomy and
phytochemistry, and would have assiduously to study the latest
research reports in order simply to know which plants are illegal,
plants which might grow unbidden on one's property at any time, it
can be said that the laws interpreted as proscribing these plants
are "unconstitutionally vague"- it is not immediately
obvious to the ordinary citizen, nor indeed to anyone, just what is
illegalized by these laws. In fact, with the advent of the
"Controlled Substances Analogues Act" of 1986, any and all
plant and animal species can be said to be illegal, at the whim of
the government. Short of being an expert in several scientific
fields and devoting considerable time and effort keeping abreast of
the latest phytochemical and botanical research, some of which is
published in German (Gartz 1986c), Spanish (Guzman 1983), French
(Heim & Hofmann 1958), Italian (Festi 1985; Fiussello &
Ceruti-Scurti 1972; Samorini & Festi 1989), Czechoslovakian (Pouzar
1953), Norwegian (Kvambe & Edenberg 1979; Nordbo 1979) or other
languages, there is no way for any citizen to be certain (s)he is
not in illegal possession of a proscribed drug.
This is all a result of misguided, supply-side
enforcement. As long as demand exists for illicit drugs, and as long
as the laws guarantee, nay, subsidize the profitability of meeting
this demand, people will line up for the chance to enter this
business. As even informed opponents of drug legalization
acknowledge, only by targeting the demand side can we make strides
toward reducing the consumption of illicit drugs (Goldstein &
Kalant 1990; Jarvik 1990). Empty propaganda accompanied by a
"war" against users (recall that 75% of arrests in the
U.S. are for simple possession) who are treated as vermin, as
vectors of transmission of a "plague" (Szasz 1974) only
alienates them still further from authority. Only by treating people
with respect and offering them unbiased information and viable
alternatives (N.B. jail is neither an effective deterrent nor a
viable alternative; Packer 1968; Skolnick 1968) can governmental
authorities hope to dissuade users from this or that drug. There is
evidence that information campaigns can influence drug use (Elickson
& Bell 1990). Suasion, not coercion is the answer, and the voice
doing the persuading must be morally impeccable. As Shakespeare's
Hamlet lamented: "ay, there's the rub."
Moral Aspects of War
It is commonly stated that illegalizing drugs is the
"moral" for a government to do, since drug use is thought
by some to be immoral, even to degrade the moral fortitude of
citizens. But the governments taking this "moral" stance
mostly sanction and support the use of drugs like alcohol and
nicotine, as do the vast majority of those citizens
"morally" opposed to illicit drug use, the bulk of who
themselves are drug users. As an American and a Canadian authority
on drug addiction research stated in a recent article:
The time is long overdue to recognize officially,
publicize, and incorporate into common speech and legislation the
fact that tobacco (nicotine) and alcohol are potentially hazardous
addicting drugs. We need to expunge from the language the phrases,
"alcohol and drugs and "tobacco and drugs." This is
not mere semantic nit-picking; language influences the way we think.
(Goldstein & Kalant 1990)
I had already made this same point five years
before (Ott 1985; Ott 1993b), in a book on chocolate addiction which
treated our provincial and prejudiced attitudes toward drugs with
ludibry. As Princeton Professor Nadelmann put it in his
well-conceived "moral" arguments for the
legalization of all drugs (Nadelmann 1989):
"Moral" condemnation by the majority of
Americans of some substances and not others is little more than a
transient prejudice in favor of some drugs and against others.
I might add that this holds true for the
"moral" condemnation in some Moslem countries of alcohol,
and the corresponding prejudice in favor of hashish and opium
(Gelpke 1966a)- this is a universal, not a peculiarly American
tendency, although the drugs socially accepted vary from one society
to the next, as of course the drugs scorned. So firmly rooted is our
tendency to ignore alcohol and tobacco when thinking about
"drugs," that the American Society of Pharmacognosy (which
should know better) announced in 1992, 33rd annual meeting featuring
two symposia, one of which was about "Drugs of Abuse,"
under the sponsorship of Phillip Morris- USA- one of the country's
leading tobacco companies and pushers of one of America's
most-abused drugs!
As for the immoralities of drug prohibition, the
most obvious of these involve the above-mentioned perversion of law
enforcement the drug laws inevitably foster. Since the nebulous
alleged victims of drug law violations (our children? our schools?
the public health?) do not file charges with the police, in order to
enforce the drug laws the police have to become criminals themselves
(some would argue that in many cases, this is a seamless
transformation). Thus our tax dollars are used to buy and sell
drugs, as the police disguise their true employment and act as
though they were everyday illicit drug merchants, hoping to get
close to "Mr. Big." Then they will try to sell him some of
their "dope," or buy from him some if his, then...
surprise! Out come the guns and badges. Not only do the police
immorally become liars and drug dealers and drug dealers, but this
type of operation invites corruption, and there are innumerable
instances of police freelancing on the side. Annually in the U.S.
some 100 police officials are indicted in federal courts on
corruption charges related to drugs (Nadelmann 1988). Should
"Mr. Big" come up short of cash for the big buy, no
problem... some other "undercover" agents will step in and
provide financing. There have even been cases in which reluctant
individuals were provided with government money to buy government
drugs, and then arrested! This is law enforcement... or
manufacturing ersatz crimes? Not content to be ludificatory
dope dealers, the "moral" police become spies and snoops,
"Peeping Toms tapping phones, espying windows, hiring criminals
to spy on their associates, cajoling people to inform on their
spouses, children to inform on their parents, even sifting through
garbage in search of "evidence." Not only do we have
shootouts between rival "gangs" of police fighting over
turf and mistaking each other for the "enemy," but there
was recently a case of illegal computer hacking by the police.
During confirmation hearings for former "Drug Czar" W. J.
Bennett, Delaware Senator J. Biden, Chairman of the Senate Judiciary
Committee, described a case in which personnel of an unnamed federal
agency involved in the "War on Drugs"
"surreptitiously lifted another's budget by altering a
computerized file" (Marshall 1989(! o wonder Bennett went back
to his nicotine habit!
Another immorality of the "War on Drugs"
involves questions of emphasis. Grossly exaggerated attention has
been directed toward apprehending and convicting drug offenders,
many of whom become subject to compulsory sentencing. Although the
staggering number of annual drug arrests in the U.S. represents only
about 2% of the true number of "offenders," trying and
punishing those convicted is clogging our criminal justice system.
In Washington, D.C., for example, 52% of the felony indictments were
for drug law violations in 1986. In New York the following year the
number was 40% (Nadelmann 1989). Vital police resources which ought
to be destined for arresting and processing violent criminals are
being squandered on drug users and the occasional merchant. Worse
than that is the fact that already convicted, violent criminals are
being released from jail early, to make room for the
compulsory-sentenced drug offenders (Marshall 1988c). When the
second "Drug Czar" R. Martinez was governor of Florida
between 1986 and 1990, Florida spent more money than any other state
on drug enforcement, and had in place strict mandatory-sentencing
laws mandating three-year-minimum sentences for using, buying or
selling illicit drugs within 310 meters of schools, public parks or
college campuses. During this tenure, the average sentence served by
Florida murder convicts decreased 40% and the average robbery
sentence served declined 42%. The overall average sentence
for all Florida convicts declined 38%, to the point where the
average Florida convict was serving 32.5% of his sentence before
release... less than a third (Keil 1990). The bottom line is that
some luckless student caught sucking on a joint after school serves
three years (if not more), while the armed criminal who knocks off
the convenience store gets three years and walks in one. A society
that coddles murderers and armed robbers in order to "get
tough" on potheads is not walking the moral high ground.
Another egregious case of the immorality of drug
prohibition involves the infamous "Operation Just Cause."
In the name of police activity and drug law enforcement, the
sovereign nation of Panama was invaded by a large American military
force, hundreds of innocent bystanders were killed [transcriber's
note: some cite a figure close to 9,000. J.T.], hundreds of millions
of dollars of private property were destroyed, and a couple of dozen
of "police" were killed in the line of duty, mostly by
their own troops. Is it any wonder former President Bush was
practically tarred and feathered when he foolishly dared to set foot
in Panama in spring of 1992? The ostensible purpose of the invasion
was to arrest Gen. Manuel Noriega and "Shanghai" him to
the United States to stand trial. We've all seen Hollywood
"shoot-'em-up" cop fantasies, but by what standard of
"morality" does any "police" operation justify
such massive carnage and monumental property destruction? Never mind
that Gen. Noriega who was later tried as a prisoner of war, not as
an arrested criminal) was a longtime U.S. government employee in
various covert operations involving immoral attempts to destroy one
sovereign government and prop up another. It is a basic tenet of
police work that the innocent must be protected. "Just
Cause" indeed... "Just 'Cause Uncle Sam says so"!
Later, the government went to all lengths to convict Noriega to
"justify" the operation. It is significant that former
heads of the U.S. DEA were subpoenaed to testify on Noriega's
behalf, and the drug convict Carlos Lederer, considered by U.S.
officials to have been one of the world's major international drug
traffickers, led the hit-parade of criminals testifying against him.
Lederer was all but pardoned in exchange for his turncoat testimony
against Noriega, and will apparently be released from prison into
the Witness Protection Program (Cohn & Reiss 1992). Once again,
the "big fish" goes free in order to get the "small
fry" into the skillet.
Is it "moral" to launch aerial herbicide
spraying programs in South America against coca cultivation,
indiscriminately destroying crops and forests; polluting watersheds
and in general causing untold ecological havoc It is significant
that the Eli Lilly Company, manufacturer of the herbicide Tebuthiuron
which the U.S. government wished to spray in Peru, refused to sell
the product for this purpose, citing "practical and policy
considerations" (Sun 1988). The herbicide is so persistent in
the environment that it is not approved in the U.S. for spraying on
cropland, and the area in which the coca spraying was to be
carried out is interspersed with plots of food crops. We will see in
Chapter 2, Note 15, that in the 1950s the Eli Lilly Company went to
bat for the U.S. government in illicit LSD synthesis, but not this
time, and a State Department official told Congress that the
department was exploring ways to compel Lilly to produce the
herbicide for the government! So this is how "free trade"
works... In the Upper Huallaga Valley of Peru, 1.5 million liters of
Paraquat have already been sprayed (Brackelaire 1992), while
massive spraying of Paraquat, 2,4-D and Glyphosate in
Colombia have already provoked health problems in the indigenous
population (Bourgetau 1992). A successful non-government crop
substitution scheme in Colombia's Cauca Valley, involving planting
of mulberry bushes for cultivation of silkworms (offering
prospective legal incomes even higher than illicit coca
cultivation; unlike government-sponsored substitute crops) has been
frustrated by U.S.-backed spraying of Glyphosate directed
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