Marc Victor at Libertopia, Legalize Meth!

Arizona Day of Prayer

Judge Dismisses Lawsuit on Arizona Day of Prayer

 

There is a disturbing trend developing in First Amendment jurisprudence; especially in the area of church and state separation.  Notwithstanding the fact that many state sponsored or endorsed religious actions appear to clearly violate the well established parameters of the First Amendment, courts are now routinely dismissing lawsuits for lack of standing.  To be clear, these dismissals do not involve a rejection of the constitutional challenge on the merits of the claim.  To the contrary, they are simply evasions of the issue altogether.  They are technical dismissals resulting in the untenable position that these First Amendment violations are simply unchallengeable by any person.  Rather than hear these challenges on the merits and reach the inescapable conclusion that such actions are indeed unconstitutional, many courts have agreed to side step the issue by construing the doctrine of standing so such unconstitutional acts remain safe from constitutional challenge. Courts should be bold enough to hear and decide these challenges on constitutional grounds.  Constitutional protections are meaningless if courts construe the law such that no person can invoke those protections.

 

In an effort to attempt to have these matters heard on the merits and to validate the notion that constitutional violations can be challenged, our clients have decided to appeal the district court’s dismissal of the Day of Prayer lawsuit.  We expect to file an appeal to the 9^th Circuit Court of Appeal very soon.  Additionally, another lawsuit will be filed in the state court alleging violations of the state constitution.

 

This lawsuit is about the role of government.  Our clients remain committed to the notion that prayer is either a private matter or one that can be openly and loudly promoted by any private individual or private company on any private property for any length of time.  Any effort by government to inhibit any private person’s right to pray on any non-governmental property would be opposed by all plaintiffs to this lawsuit.  However, our clients, those religious and non-religious, remain equally committed to the well established notion that government should neither promote, inhibit nor endorse any religious view.  Simply put, government should stay out of religious matters altogether; our constitution forbids it and it is both consistent and indispensible to notions of a free and open society.

Bill of Rights Day

The law firm of Marc J. Victor was at the Bill of Rights Day on Thursday December 15, 2011

Bill of Rights Day 12/15/09

http://www.freedomsphoenix.com/Article/101201-2011-12-12-arizona-bill-of-rights-day-schedule-of-events.htm

Are You Really For Freedom?

Are you really for freedom?

 

I know you say you love freedom. Virtually everyone says they love and value freedom. Even such murderous villains as Adolf Hitler and Saddam Hussein claimed to love or advocate freedom.

“The German people are not a warlike nation. It is a soldierly one, which means it does not want a war, but does not fear it. It loves peace but also loves its honor and freedom.” Adolf Hitler to Reichstag in Berlin February 1936

“[Saudi Arabian and Kuwaiti] blood will light torches, grow aromatic plants, and water the tree of freedom, resistance and victory.” Saddam Hussein, Iraqi Radio, January 26, 1999

It is easy to simply claim to support freedom, but it is much more difficult to accept the sometimes scary implications of such a claim.

Did you ever wonder what it really means to say, ‘I’m for freedom?’ It is difficult for me to express how unimpressed I am by the enthusiasm of a person to strongly support the rights of another person to use their freedoms in exactly the same way they themselves exercise their own freedoms. For example, alcohol users who support the rights of others to use alcohol or marijuana users who support the rights of others to use marijuana does not seem such a principled stance to me.

On the other hand, people who steadfastly and enthusiastically support the rights of other adults to use their freedoms ¹ in ways they themselves would never personally engage in is truly inspiring. A real freedom attitude is about accepting the sovereign rights of other adults to peacefully use their bodies and their property in ways you personally disagree with, morally oppose, find degrading, ill advised, harmful or completely foolish.² Indeed, this is the test to determine whether a person honestly supports the concept of freedom.

The adult users of the horribly destructive and often addicting drug called ‘alcohol’ who oppose the legalization of marijuana because they personally choose not to use marijuana are, in freedom terms, identical to the adult users of marijuana ³ who oppose the legalization of methamphetamine because they personally choose not to use methamphetamine.⁴

A similar example can be found in the area of free speech. Americans rightly take pride in their right to free speech. So long as the speech is “acceptable” there is no controversy. However, when unpopular groups like the Ku Klux Klan or the Neo-Nazis want to peacefully march, many self proclaimed free speech supporters seek to use the law to ban them.^{5 6}

These are the scary implications one must accept and embrace to truly be a person who advocates freedom. To hold otherwise suggests your freedoms actually extend no further than some other person’s personal preference regarding their own freedom. This concept is what I refer to as, ‘The dark side of freedom.’

I suspect when most people pride themselves about loving freedom, they have in mind wimpy concepts like the rights of others to decide for themselves where to go on vacation or what model of automobile to buy. This wimpy concept of freedom doesn’t generate much controversy because most people personally agree with whatever decision another person makes in these areas.

Simply acknowledging that other adults have a right to run their own lives as they choose doesn’t mean we are obligated to agree with or support whatever they say or do. If we choose, we may seek to peacefully persuade them to act as we believe they should act. Further, acknowledging the rights of others does not mean we are sending a message of approval regarding their choices. Indeed, we are free to peacefully send messages of disapproval if we choose and they are free to ignore our messages entirely if they choose.

In one of my other articles entitled, ‘Legalize Methamphetamine!’ I argue that the war on drugs should be ended. I have been asked many times to modify the title of my article to something like, ‘End the Drug War’ or to some other boring but inoffensive title. ⁷ In fairness, the title is somewhat incomplete. I am considering changing it to, ‘Legalize Methamphetamine and Crack Cocaine!’ or to, “Legalize Methamphetamine and All Other Horribly Addictive Drugs!” My point here is to emphasize that advocating for freedom is sometimes not as easy and popular as it first may appear to the casual self proclaimed freedom supporter. However, it is necessary if we are to have freedom.

In the end, wimpy freedom advocates are not freedom advocates at all. If we are to again be the land of the free, we desperately need people to strongly advocate for freedom; in all its beauty and in all its ugliness.

¹ By using their “freedoms” I mean being in control of your own body, time, money and other property. This does not include using another’s body, time, money, or property without their consent. Freedom includes the notion that all voluntary conduct between consenting adults, whether others approve or not, is absolutely legal.
² Don’t be confused by the concept that a person could morally oppose an activity yet strongly support its legality. A moral question and a legal question should be two entirely different questions. Some of my friends morally oppose prostitution while supporting its legalization. There is no contradiction. Questions about “right” and “wrong” are also different questions than questions about what should be “legal.”
³ Or any other substance.
⁴ Yes, I know and agree with you about the awful consequences of methamphetamine use. Yes, I know it will rot the teeth out of your mouth and destroy your skin and possibly your life if you use it. I would strongly discourage anyone from ever trying or using it.
⁵ I agree with nothing said by either group, but I absolutely support their right to peacefully say whatever they want. It is important to note that nobody is required to listen to them. People have a right to peacefully protest against them and even to ridicule them for their deranged views.
⁶ When a Christian pastor in Florida recently threatened to publicly burn a Koran, Fox News presented legal ‘scholars’ who generated creative ideas to use the law in an attempt to stop this constitutionally protected expression. The pastor ultimately backed down.
⁷ I have even been asked to delete the exclamation point in favor of a question mark. I like the exclamation point.

Legalize Methamphetamine!

 

I’m the last guy who ought to argue for the legalization of meth ¹. As a practicing criminal defense attorney, I make a good income from defending people who are charged with drug crimes. If the drug war ended, I would lose a substantial portion of my income. Additionally, some would call me a health nut. I go to the gym six times a week and eat organic foods as often as possible. I wouldn’t change my healthy lifestyle if drugs were legal. I have three little kids. I don’t want them ever to become drug addicts. I want them to grow up in a safe world. Indeed, that’s exactly why I want the drug war to end.

When I was in law school, a wise law professor of mine taught me that if you are asking the wrong question, the answer doesn’t matter. In regards to meth, the question is not whether meth is dangerous and unhealthy. Over the years, I have represented countless meth users. I have seen the consequences of meth use up close. I am convinced meth use will likely ruin the user’s life. It is an extraordinarily dangerous addictive drug. Few drugs are more addictive or dangerous than meth ². Many of those who oppose legalization of meth identify the horrors of meth use. I entirely agree with their assessment of meth’s dangers. Asking whether meth is dangerous or unhealthy or addictive is not the right question.

The relevant question is whether our society would be better served if meth was manufactured, distributed, bought and sold legally. The answer is yes. There are two related but separate reasons why ending the drug war is critical. First, a free society requires that the drug war end. I refer to this argument as the freedom argument. Second, the consequences of ending the drug war would yield economic and other benefits which would greatly benefit our society. I refer to this argument as the consequentialist argument.

Most readers will not be persuaded by the freedom argument. This fact is disturbing to me. In fact, many of the issues which plague our world will persist unless and until people come to respect the principles embodied in terms such as individual responsibility, self ownership and freedom. These concepts are what our country was founded upon and the very reason why America prospered. Now, they are given mere lip service if they are considered at all. If you shrug your shoulders and brush off the freedom argument, you should be ashamed of yourself. Whether you realize it or not, you are the problem.

The Freedom Argument

I’m a good dad. I don’t want my kids using meth. Indeed, I will force my opinion about not using meth upon my kids. I will prevent them from using meth by force if necessary ³. As a dad, I have other policies as well. For example, my kids are not allowed to ride their motorized quads without helmets or to ride in the car without seatbelts. They are not allowed to smoke cigarettes or skydive either. However, at some point, my kids will be responsible to decide for themselves what activities are too dangerous for them. Both assessing the dangerousness of an activity and determining how much danger is acceptable will become the exclusive domain of each of my kids as it pertains to them. Resolving these questions for one’s self is an important task and responsibility of any free person.

The question of who gets to make decisions about the disposition of certain property is central to understanding freedom. Who gets to decide what activities are too dangerous for you? Should I get to decide what activities are too dangerous for you? What about your neighbor? Or the majority? Or the president? Or congress? Or some judge? In a free society, the owner of the property gets to decide how the property is used ⁴. Because you own your body, I assert that you should decide how your body is used or abused ⁵.

In terms of the freedom argument, the question of legalization of meth poses exactly the same question as many other issues currently confounding our fellow citizens. The following non-exhaustive list contains questions which are each different versions of the same question about how a particular body is used:

Should people be allowed to eat Big Macs?
Should people be allowed to consume any unhealthy foods at all?
Should people be allowed to play football despite the risk of serious injury?
Should people be allowed to skydive or rock climb?
Should people be allowed to ride in cars without seatbelts?
Should unprotected sex between consenting adult strangers be allowed?
Should consenting adults be allowed to have sex in exchange for money?
Should adults be permitted to ingest marijuana for health reasons?
Should adults be permitted to ingest marijuana for mere personal pleasure?
Should competent adults be allowed to voluntarily end their lives if they choose?

Each question begs the initial question about who gets to decide how a particular human body is used. Those of us who are pro-freedom would in each case conclude that the owner of the particular human body in question should decide how that body is used ⁶. The initial issue of who decides must be resolved first.

Although I would try my best to persuade others not to use meth, I concede it is not my decision. Among adults, persuasion is fine, but coercion is not. I will not force others to live by my assessments of dangers. I respect the property of other people such that I respect their right to use their property in ways I vigorously disagree with ⁷. I have no claim on how others use their property unless and until their activities trespass upon my property ⁸.

The freedom argument is much bigger than the question of whether meth should be legal. It certainly resolves the question, but it raises larger questions about the very nature of government. Any legitimate role of government is confined to protecting rights. Indeed, unless you disagree with the principles upon which this country was founded and believe government is the source of rights which may be distributed to us or taken away, you must agree that government can have no rights other than the ones we individually delegate to it. Because you have no right to be my daddy, you have no such right to delegate to government. Further, because no person individually has any such right, even the majority of people added together collectively have no such right. Therefore, when the government acts as my daddy, it acts wrongfully; even if it acts pursuant to an accurately counted democratic vote ⁹. Although it is perfectly fine for me to act as a daddy to my kids, the government has no right to act as a daddy for us.

Some people posit that legalized meth would send the wrong message to people about using meth. However, the government’s role is not to send messages to us about what is right or wrong or good or bad. We don’t need messages from government. Free people determine for themselves how to run their lives. I have a right to be a self destructive idiot if I choose. I own me.

Additionally, the “messages from government” objection overlooks an important point. The concepts of legal and illegal are far different from the concepts of right and wrong or good and bad. Because an activity is legally permissible does not obligate people to conclude such an activity is right or good ¹⁰. Merely because the law allows my kids to insult other kids doesn’t prevent my wife and me from successfully teaching them not to do it. The unwillingness or inability of many people to invest the mental acuity to distinguish between these concepts has contributed to an intellectual feeblemindedness which is akin to a malignant tumor killing our society. The “messages from government” objection nourishes that tumor. We should embrace the concept that we are free to adopt personal standards of conduct which exceed the minimal threshold defined by law.

I regret devoting so few words to the freedom argument. It deserves much more. Many others have far more eloquently detailed the case for freedom. I hope to live to witness the day when the freedom argument is accorded the respect it deserves. I hope this skeletal argument stirs the interest of those who read it and encourages them to explore it more fully. The reason our society has been deteriorating in so many ways is because it has come to accord less and less respect to the freedoms of others. Winning the freedom argument is the only way to destroy the cancer that infects our world.

The Consequentialist Argument

Some people say the definition of insanity is doing the same thing over and over while expecting different results. They are right. The government has been recklessly ramping up the war on drugs for the past thirty five years ¹¹. Every year we get tougher laws and tougher sentences. Approximately 1.6 million people are needlessly arrested every year for non-violent drug offenses. Many more non-violent drug users are simply charged without arrest. Some of them are students who lose their student loans and can no longer afford college. Others are people who hold professional licenses and can no longer work in their professions. Lives are being needlessly ruined.

The growth of the prison industry has mushroomed. We now have private companies in the prison business ¹². This is no surprise when you consider that the United States claims 4.6% of the world’s population but 22.5% of the world’s prison population. The DEA has grown from 2,775 employees in 1972 to almost 11,000 employees with 86 foreign offices in 62 countries in 2005. We have well over two million people in prison. Since 1980, America’s general population has increased 20%, while America’s prison population has increased at twenty times that rate or an astonishing 400%. America imprisons more people as a percentage of our population than any other country in the world ¹³. This is a sad state of affairs for any country; especially one which refers to itself as the land of the free.

Despite the explosive expansion of government to fight the war on drugs, drug use is more prevalent today than it was before the war on drugs started. Additionally, drugs are cheaper, more potent and easier to get than they were in the early years of the drug war ¹⁴. Throwing more money at the issue has not resulted in fewer people using drugs. Even the federal government admits drug use has increased recently from 6% in 1993 to over 8% in 2003 ¹⁵. Despite the frantically increasing efforts to curb the flow of drugs, high school students report drugs are still easy to obtain. Almost 90% of twelfth graders report marijuana is “very easy” or “fairly easy” to get ¹⁶. Over 47% of twelfth graders say cocaine is “very easy” or “fairly easy” to get and more than 32% say heroin is “very easy” or “fairly easy” to get. I have had clients tell me they became addicted to drugs when they were in prison. Even in a prison setting, drugs are prevalent.

Not only are drugs readily available, some of them have become more dangerous as a result of the drug war. Looking specifically at meth, the drug war has resulted inexacerbating the dangers associated with amphetamine use. While attempting to put the hysteria currently surrounding meth use in perspective, a columnist named Jack Shafer who writes for Slate aptly stated the following:

In the mid-1960s, just before the government declared war on amphetamines, the average user swallowed his pills, which were of medicinal purity and potency. Snorting and smoking stimulants was almost unheard of, and very few users injected intravenously. Today, 40 years later, snorting, smoking, and injecting  ethamphetamines of unpredictable potency and dubious purity has become the norm—with all the dreadful health consequences. If the current scene illustrates how the government is winning the war on drugs, I’d hate to see what losing looks like.

The United States now spends over fifty billion dollars every year to combat the war on drugs ¹⁷. The war on drugs has been a colossal and unparalleled failure ¹⁸. Despite my countless conversations with judges, prosecutors, police officers, DEA agents and drug dealers, it is extraordinarily rare for me to find anyone who thinks the drug war is working or will ever work under any circumstances. Indeed, despite my countless invitations, I have yet to find anyone willing to debate me publicly on the drug war. Imagine a fifty billion dollar annual program nobody seems willing to defend.

I understand why nobody wants to debate me on this issue. I believe the people who work in the justice system, and truly understand the problems associated with the drug war, know they would be debating the wrong side of the issue. I recently argued the case for meth legalization before a group of judges and prosecutors. I was disappointed during question time when, despite my provoking and challenging them, there was only one half-hearted attempt to engage me on the issues. The case for legalization is overwhelming.

I have had occasion to talk privately and confidentially with many drug dealers for well over a decade. I estimate I have represented hundreds of drug dealers. Although some have simply been users who sell to support their habit, others have been major players in big drug organizations. I have found many of them to be bright people who are well aware that an end to the drug war would immediately put an end to their businesses. They realize that they could not compete with large corporations in a legal market. Their ability to make money by manufacturing, distributing and selling drugs exists solely because of the drug war. They very much want the war on drugs to continue and even expand.

Many drug dealers understand that each large drug bust brings increased profits for them. Although a drug seizure is bad news for the particular drug dealer involved, it is wonderful news for all the other drug dealers in the market. When you see government agents celebrating a large drug seizure, imagine all the other drug dealers celebrating along with them.

The economics of drug sales are no different than any other product sold in the market. Every big drug seizure causes a temporary decrease in the supply of that drug in the relevant market. However, the drug seizure doesn’t affect the demand for the drugs.

Drug users still want drugs despite some drug dealer being arrested ¹⁹. When the demand remains constant and the supply is decreased, prices go up. Imagine being a drug dealer with a big supply of drugs on hand when prices suddenly go up. It would be accurate to say that drug dealers gain the most, through increased profits, when government agents make a seizure. Increased profits also serve to entice people to embark on new careers as drug dealers. Drug dealers love the drug war and do not want it to end. If you support the drug war, you are on the side of, and act as an unpaid lobbyist for the plight of the drug dealer.

Some of the drug dealers I have met are actually very nice, non-violent people. I have represented drug dealers who do not use drugs at all. They were simply unable or unwilling to refuse an illegal opportunity to make a lot of money. However, some of the drug dealers I have met are not nice people. They sell their drugs with the help of violent street gangs. Some of these gang members intentionally market drugs to kids. Because gang members generally can not utilize the court system to settle disputes over drug sales, nor can they insure their merchandise against losses, violence and guns are necessarily involved.

Simply causing meth to be manufactured illegally is by itself a huge problem. As a result of illegal meth labs, toxic chemicals used to produce methamphetamine are often discarded in rivers, fields, and forests. The environmental damage which occurs results in ever expanding cleanup costs. The massive growth in costs to cleanup such environmental messes is also illustrative of the failure of current policy. The DEA’s annual cost for cleanup of clandestine meth laboratories in the United States has increased steadily from 2 million in 1995 to 23.8 million a mere seven years later in 2002 ²⁰. A huge collection of well documented facts about the failure of the current drug policy.

I have heard the saying that those who do not study history are doomed to repeat it. I suspect some criminal defense lawyer in the 1920’s incurred wrath from the establishment for writing an article advocating the legalization of alcohol. I would bet the nice attorney was attacked by small thinkers who repeatedly pointed out the harmful attributes of alcohol ²¹.

In case you are unaware, the government decided in 1919 to amend the United States Constitution to grant power to congress to prohibit the manufacture, sale and distribution of alcohol. Their drug war played out just like ours; a complete and total disaster. However, it was the best thing that ever happened to organized crime. The manufacture, sale and distribution of alcohol ²² were conducted entirely in illegal and violent markets. Criminals prospered and criminal organizations grew. A major crime wave began in the 1920s and continually increased until the end of prohibition in 1933 when it immediately started to reverse ²³. Prohibition did nothing to curb the desire of people to use alcohol. Indeed, both the per capita consumption of alcohol as well as the rate of alcoholism increased during prohibition. ^{24 25} Illegal clandestine stills manufactured alcohol of inconsistent and unpredictable quality. Law enforcement was overwhelmed chasing after people involved in alcohol related crimes. Does any of this seem familiar to you?

In 1933, they figured it out and repealed the eighteenth amendment ²⁶. To be fair, we still have people with substantial alcohol abuse problems. It is a real problem. We have no shortage of alcohol related crimes. However, violent criminal street gangs do not make money from the sale of alcohol. Although few people “home brew” alcoholic beverages, people do not brew alcoholic beverages in clandestine labs. Nobody is offered large cash rewards to transport alcohol. The Budweiser guy doesn’t fight the Miller guy if they both happen to arrive at the store at the same time to deliver their drug. Alcohol companies settle disputes peacefully in court. Alcoholics can seek help without the fear of criminal prosecutions. More resources can be devoted to apprehending real thugs because our justice system is not overloaded with cases of people manufacturing, distributing or selling alcohol. Isn’t this obviously a better deal?

We know certain things for sure. If meth was no longer illegal:

1. All dangerous clandestine meth labs in residential neighborhoods would close;
2. All dangerous street gangs would be out of the meth business;
3. Every dime currently spent on meth prohibition could be spent on real crime ²⁷;
4. Meth addicts would have no legal disincentive to seek help;
5. The manufacture of meth would be safe and produce a consistent product; and
6. Toxic waste from meth production would be safely disposed.

If you support maintaining the war on drugs, you must necessarily conclude that either I am wrong about the above six assertions or that the benefits of the drug war outweigh the obvious benefits contained in the six assertions. It is difficult for me to imagine one could rationally and honestly dispute any of the six assertions. They are obvious and virtually guaranteed to flow from legalization. Therefore, a drug war supporter is left with the argument that the drug war’s benefits outweigh the benefits contained in the six assertions. If this is your position, I challenge you to honestly reweigh the costs and benefits of each scenario. Unless you put your finger on the scale because you personally benefit from the drug war, you must conclude legalization wins.

I do not intend to claim that the above six assertions are the only benefits of legalization. I list them together because I find them to be indisputable. There are other benefits of legalization. I suspect many people would either not experiment with or stop using meth. Recently, a teenage meth user confirmed for me that she and her friends started using meth at least in part because it was illegal. I cannot recall any friends of mine who didn’t drink alcohol prior to reaching age twenty-one ²⁸. Indeed, I consumed more alcohol prior to reaching age twenty-one than I do today or since I have been age twenty-one and one month.

In countries where the alcohol drinking age is sixteen, rates of alcohol related problems appear to be lower than in the United States where the drinking age is twentyone. The National Institute on Alcoholism and Alcohol Abuse reports that in 2003, 5.55% of Americans were either alcohol abusing or alcohol dependent ²⁹. The Austrian drinking age is sixteen and 2.2% are regarded as alcohol dependent. The German drinking age is sixteen and 3.9% of Germans’ alcohol use is considered harmful ³⁰.

Even during prohibition, while rates of death from alcoholism and cirrhosis were rising in the United States, they were decreasing during the same time period in Great Britain, Denmark and Ireland where alcohol use was legal ³¹. I recently traveled to Amsterdam where marijuana use is legal for those over eighteen years of age. Marijuana use among minors in Amsterdam is decreasing. Indeed, the rate of marijuana use by minors is five times less than what it is in the United States ³². Even among adults, the rate of marijuana use in the United States is twice as high as in the Netherlands where use of marijuana is legal ³³. Many of the locals informed me that marijuana use is simply not exciting and they virtually don’t ever use it unless people from out of town are visiting. As you may expect, I had a lot of questions for proprietors of marijuana coffee shops. I personally witnessed a peaceful and safe marijuana trade in Amsterdam. Although I wouldn’t want to live there for unrelated economic reasons, the Netherlands is a good example of why legalization makes sense ³⁴.

Tobacco is a far deadlier drug than is meth. For the year 2000, tobacco is blamed for causing 435,000 deaths ³⁵. Deaths resulting from the direct or indirect use of all illegal drugs including meth, cocaine, OxyContin, heroine and ecstasy for the same year total 17,000. id. ^{36 37} Despite the fact that tobacco is legal, tobacco use is declining. In 1956, 42% of adults smoked. In 1980, only 33% of Americans smoked. Additionally, in 1977, 29% of high school seniors smoked. Four years later, the number of high school seniors who smoke had fallen to 20% ³⁸. Education about the dangers of tobacco use can be credited for the decline of tobacco use which occurred while the drug was legally available and without any of the crime and violence associated with the drug war. The recent rise in popularity of non-alcoholic beer and low nicotine cigarettes can be attributed to the same phenomenon. The same beneficial effects could be applicable to meth and other illegal drugs.

Fortunately, people are slowly waking up to the fact that this war on drugs is the entirely wrong approach. I am encouraged by a courageous group of law enforcement and former law enforcement members who have joined together to form a group entitled Law Enforcement Against Prohibition or LEAP. The over two thousand law enforcement members of LEAP state the following, “The membership of LEAP believe to save lives and lower the rates of disease, crime and addiction, as well as to conserve tax dollars, we must end drug prohibition”. The members of LEAP are willing and eager to debate their views with anyone willing to try to defend the drug war. Also, judges are finally starting to speak out.

Astute observers of the drug war might point out that the $50-$69 billion dollars currently being spent on the drug war annually could be used to more effectively address the problems associated with drug abuse. That money could go a long way to facilitate drug abuse education, treatment and prevention.

Additionally, some may argue that legalization of drugs could be administered in much the same way alcohol is currently dealt with. Certainly, people who commit real crimes should be punished whether or not they were using drugs at the time. Legalization of drugs does not mean laws must permit unsafe drug impaired drivers on the roads.

Further, employers and other private citizens would be free to prohibit any and all drug use at their workplaces or on their property as they can now with alcohol. Indeed, what would change with a reasonable scheme of legalization would be a deletion of much of the crime and violence only; everything else would remain much the same or improve.

It is a substantially better deal than the ongoing and worsening disaster we currently endure. The drug war is un-American. One cannot simultaneously value freedom and yet support a governmental scheme which denies the individual his or her sovereignty over his or her own body. Indeed, control over one’s own body is the most fundamental of all rights. Worse, the drug war has effectively birthed countless violent criminal enterprises.

This possibly well intentioned effort has resulted in effectively creating our 51st state; the state of incarceration. The state’s population is growing out of control and it is choking the life out of the other 50 states. Thousands of peaceful Americans are currently living in cages because of the drug war. The drug war is lunacy and it must end immediately. As it did for the revolutionaries who founded our country, the time has come for us to be bold and courageous. We must speak out against this horrendous mistake. We have the better case.

¹ I support legalizing all drugs which are currently illegal.
² Incidentally, many say tobacco is actually more addictive than meth. Isn’t it interesting that approximately 50% of tobacco users have quit using tobacco in the past ten years all during a time while the drug was completely legal.
³ My ex-wife is a good mom. She supports my ban on meth use for our kids.
⁴ I acknowledge this concept is extraordinarily radical and barely comprehensible to some. For a better understanding, fmd someone who refers to himself or herself as a “libertarian” and talk to that person.
⁵ If you assert no claim of ownership to your body, I may be interested in laying a claim. However, I would want to see you first.
⁶ In case you are confused, the correct answer to each question is yes.
⁷ Can you honestly say this? If not, you should think about what possibly justifies you in controlling another’s property. You should also not complain when others seek to control your property. It’s a freedom thing.
⁸ As a finer point, when their activities trespass upon my property, they are now using my property without my permission. Said more precisely, others are free to use their property in any way they please with no restrictions. A trespass is simply the acknowledgement they are wrongfully using another’s property.
⁹ Democracy and freedom are not the same concepts. Freedom is when the owner of the property decides how the property is used. Democracy is when a majority of non-owners decide how an owner must use his or her property. Democracy and freedom are often incompatible.
¹⁰ The opposite is also true for some acts which are currently illegal.
¹¹ In 1969, Nixon spent $65 million on the drug war. In 1982, Reagan spent $1.65 billion on the drug war. Bush’s budget for 2006 requests $12.4 billion dollars which is a 2.2% increase over his 2005 budget.
¹² I have nothing against private prisons. Indeed, the private sector should be administering prisons. My point here is simply to note that private entrepreneurs recognize the huge potential to prosper in this growth industry.
¹³ 732 people out of every 100,000 live in government cages as of 2005.
¹⁴ These are facts asserted by current and former law enforcement officers. See http://www.leap.cc
¹⁵ Drug Use Trends and National Survey on Drug Use and Health, White House Office of Drug Control Policy (2004).
¹⁶ Monitoring the Future, National Results on Adolescent Drug Abuse, Overview of Key Findings 1999, U.S. Department of Health and Human Services, Page 48.
¹⁷ Some former police officers claim the current annual amount spent is sixty nine billion dollars per year. See, http://leap.cc
¹⁸ Some may say George W. Bush’s Iraqi policy is a failure of such magnitude that it rivals the drug war for the biggest failure attributable to a governmental effort. I admit it is a tough call.
¹⁹ Most drug addicts don’t watch the evening news or read the newspapers. They are not generally aware of drug busts or any other news for that matter
²⁰ National Drug Threat Assessment 2004 (Jolmstown, P.A.: National Drug Intelligence Center, April 2004), p. 18.
²¹ Yes, I am aware that alcohol abuse is harmful. My point here is that they were focusing on the wrong question.
²² It is worth noting that at least they aclmowledged congress otherwise had no such power by amending the constitution rather than pretending the Commerce Clause includes such a power. I’m still searching for that amendment which grants power to congress to run today’s drug war.
²³ Pandiani, John A., The Crime Control Corps: An Invisible New Deal Program 348-358 (British Journal of Sociology, 33 September 1982).
²⁴ Cases of alcoholism at New York’s hospitals increased over lOO% during prohibition from 1919 to 1924. The National Prohibition Law: Hearing Before the Subcommittee of the Commission on the Judiciary, 69th Congress 148 (1926).
²⁵ During prohibition from 1921 to 1929, per capita consumption of beer increased 463%, wine increased 100% and consumption of spirits increased 520%. Warburton, Clark, The Economic Results of Prohibition 174 (Columbia University Press, 1932).
²⁶ At least their politicians had enough spine to admit their mistakes. With very few exceptions, today’s jellyfish politician is too worried about what the general public thinks to take a real leadership stand on this issue.
²⁷ By “real crime” I mean when people trespass on the rights of others by force or fraud.
²⁸ I realize such comparisons are difficult for a variety of reasons. However, the numbers are different enough that it appears a reasonably certain conclusion can be drawn.
²⁹ Die Haujigkeit von Alkoholismus und Problemtrinken in Osterreich, Wiener Klinische Wochenschrift, 110 (10), 1998, pp. 356-363.
³⁰ Reprasentativerhebung zum Gebrauch psychoaktiver Substanzen bei Erwachsenen in Deutschland, 2000 Sucht, Sonderheft 1, (2001).
³¹ Warburton, Clark, The Economic Results of Prohibition 78-90 (Columbia University Press, 1932).
³² Untitled editorial in The Lancet, Volume 346, Number 8985, (November 11, 1995) p. 1241. See also, Netherlands Ministry of Health, Welfare and Sport, Drug Policy in the Netherlands: Progress Report September 1997-September 1999, (The Hague: Ministry of Health, Welfare and Sport, November 1999), p. 7.
³³ Netherlands Ministry of Health, Welfare and Sport, Drug Policy in the Netherlands: Progress Report September 1997-September 1999, (The Hague: Ministry of Health, Welfare and Sport, November 1999), pp.7-8.
³⁴ For more stats and documentation about how legal marijuana has resulted in less marijuana use as well as other overall societal benefits, see http://www.drugwarfacts.org/thenethe.htm
³⁵ Journal of the American Medical Association, Jan. 19,2005, Vol. 293, No.3, p. 298.
³⁶ This number includes deaths attributed to illegal drugs resulting from suicide, homicide, motor-vehicle injury, HIV infection, pneumonia, violence, mental illness, and hepatitis.
³⁷ The number of confirmed deaths attributed solely to a marijuana overdose in the history of the world is zero. See, Janet E. Joy, Stanley 1. Watson, Jr., and Jo1m A. Benson, Jr., “Marijuana and Medicine: Assessing the Science Base,” Division of Neuroscience and Behavioral Research, Institute of Medicine (Washington, DC: National Academy Press, 1999), available on the web at http://www.nap.edu/htmllmarimed/; and US Department of Justice, Drug Enforcement Administration, “In the Matter of Marijuana Rescheduling Petition” (Docket #86-22), September 6, 1988, p. 57.
³⁸ Trebach, Arnold, Peace Without Surrender in the Perpetual Drug War, 136 Justice Quarterly 1 (1984).

Crossroads of the West Gun Show

Marc Victor gave a speech on gun laws at the Crossroads of the West Gun Show on Saturday. He gave his number one piece of advice to a large crowd “Just Shut Up”. The advice is what to do if you are questioned by law enforcement…just shut up! Any statements you make WILL be used against YOU so the best thing you can do is to JUST SHUT UP!

For more advice on what to do when confronted by law enforcement be sure to look at the videos and articles on the Attorney For Freedom website.

Leisure World Gun Club

Attorney Marc J. Victor speaks to the Leisure World Gun Club about gun laws. He delivered his speech to a packed room and gave long standing advice like “Just Shut Up”, his advice of how to deal with law enforcement if you are involved in a gun related incident.

Beware of the Dragon Slayer

I should have known better. Having previously defended a woman whose dog barked at a cow; a man who, without a permit, built a shed in his backyard; a woman whose dog stepped on the grass of a no-dog park; a girl who entered a state park without paying the three dollar entrance fee – despite the broken fee collection machine; and a man who hung a sign over his business in violation of the city zoning ordinance, I should have expected a struggle. Sadly, I had been told so many times, “The law is the law.”

My client was a wife and middle-aged mother of two young children who she drove to school Monday through Friday. She also worked a full time job located a substantial distance from her home. She had no prior contacts with the law; until now.

She called me about a month ago and told me of her past evil doings. When she was a teenager living in another state, she accidentally caused an automobile accident. As a result, that state required her to purchase the expensive SR-22 insurance. She did. Many years later, she moved to Arizona where she was informed she was not required to purchase the SR-22 insurance. She didn’t.

The first state then suspended her privilege to drive and promptly notified Arizona. Because she was suspended in the other state, Arizona suspended her license as well. After being notified of the suspensions, my client immediately paid a small fee to the other state and was reinstated. At my client’s request, the other state sent a clearance letter to Arizona. Arizona informed her that they received the clearance letter and everything was fine. Arizona didn’t inform her that she needed to pay a reinstatement fee. As a result, my client drove for years without knowing her Arizona license remained suspended.

One day, my client was the unfortunate victim of a small automobile accident. After the police officer arrived to “help,” it was discovered that my client’s license was suspended. Despite immediately paying the previously unknown but all important reinstatement fee, my client was nonetheless charged with the crime of driving on a suspended license.

She reasonably thought she could easily resolve the matter in court. However, after being told by the judge that jail was an option and a six-month license suspension was mandatory, I’m sure I was the first phone call. I wasn’t optimistic. It was an easy slam-dunk for the prosecutor. I accepted her case and agreed to try and make a deal to resolve it quickly. I thought maybe the prospect of my client losing her job and her kids not being able to go to school would resuscitate some long lost spark of compassion buried deep in the spot where the prosecutor’s heart used to reside. Yeah right!

My client’s case was assigned to Ms. Hitler for prosecution. My sentimental requests for leniency were immediately smashed with an iron fist. Ms. Hitler responded with the novel argument, “The law is the law.” Ms. Hitler was angered when I was not persuaded by her favorite argument and indeed wanted to joust with her supervisor instead. Not surprisingly, Ms. Hitler’s supervisor Mr. Stalin was equally unimpressed with my arguments. We were forced into a trial. What fun!

As the trial began, I couldn’t wait to discover what defense I would argue to the judge. Incidentally, this is not my favorite way to try a case. Ms. Hitler called the “helpful” police officer to the stand who testified that she arrived at the accident scene, obtained my client’s driver’s license and discovered it was suspended. No cross-examination.

Ms. Hitler then moved to admit a certified copy of my client’s driving record indicating it was suspended. I objected based on every reason I could argue with a straight face. The driving record was admitted and Ms. Hitler rested the state’s case.

I don’t think Ms. Hitler enjoyed it when I then requested that the court enter a judgment of acquittal for my client because the helpful officer friendly didn’t actually see my client driving. Just for fun, I added that I wasn’t calling any witnesses so there could be no rebuttal testimony for the state. Because the judge wasn’t laughing and Ms. Hitler was getting even madder, I added that the helpful officer was guessing about who was driving the cars. We won.

After the judge left the bench and my elated client departed, Ms. Hitler felt obligated to enlighten me to the fact that, “Sometimes the dragon wins.” Upon further inquiry, I learned Ms. Hitler wasn’t initially certain whether my client or I was the dragon she was referring to. Apparently, she was absent during “think before you speak” class at prosecutor’s school. Eventually, she decided my client was the dragon.

The twenty-five minutes of Ms. Hitler bashing that followed was worth the price of admission for me. The slaying of the dragon slayer was a quiet victory that day. One nice family was rescued from a jungle of craziness inhabited by a helpful police officer and a prosecutor who treats everyone equally.

Attorney Marc J. Victor

American Legion Riders Award

 

Attorney Marc J. Victor of the Law Firm Attorney For Freedom in Chandler, Arizona was presented with the American Legion Riders Award for his service to the community.

To have freedom, ‘let people be free’

 

News item: A judge pro tem was fired Thursday, his first day on the
job, for refusing to hear drug cases.

The late March story went on to say that the Mesa criminal defense
attorney, a marijuana legalization activist and member of NORML
(National Organization for the Reform of Marijuana Laws), felt he
couldn’t honestly dole out the required mandated punishment for drug
offenders.

No kidding.

Intrigued, I gave the guy, Marc Victor, a call to set up a bong
session . . . I mean an interview.
Driving to his office, I had visions of Jerry Garcia in pinstripes, hanging
out in a psychedelic office with black light posters of Kurt Cobain
on the wall. Ten to one, a refurbished VW van with shag carpet would
be parked outside.

No such luck. Victor, 34, turned out to be a teetotaling, ex-Marine
sergeant who operates out of a glass and concrete business complex he
shares with mortgage brokers, life insurance companies, PR firms, and
someone who does “endodontics,” a dental procedure that requires that
you get really high first.

Inside this sea of conservatism lurks a squeaky clean Desert Storm
vet with the look of a Republican but the soul of a rebel.

“It’s not about drugs or legalization. It’s about the violation of
the right of self-ownership,” the married father of three young
children said. “I’m fighting for the right of the individual against
government intrusion. If you want freedom, then damn it, you have to
let people be free – even if you don’t agree with it.”

In other words, Victor is not a big fan of victimless crimes or
legislating what adults can do with their bodies.

Granted, Victor’s career sacrifice wasn’t derailing. Judge pro terms
are unpaid attorneys who fill in for full-timers.

Still, the legal dodge is a vengeful, good-ol’-boy network, and
Victor’s stance took no small amount of courage, especially for a man
with aspirations of becoming an appellate judge.
If that’s now the impossible dream, Victor can live with it. In fact,
as much as his refusal to handle drug cases was blown up in the
press, it could have been a lot worse. Victor said he also would have
refused to handle gun possession, gambling, zoning or prostitution
cases.

“If adults want to rent their bodies to other adults, they should
have the right to do so,” he said.
Strong words from a bull-doggish Marine who hits the gym at 4:30 a.m.
six days a week to pump iron. A man who wouldn’t think to poison his
compact, 5-foot-5 body with drugs or alcohol, but refuses to judge
those who do.

Warming up, Victor said the American judicial system is collapsing
under the weight of unnecessary drug cases. In Arizona, he said he
believes it’s verging on an implosion.

He’s considering running for county attorney on a platform of doing
away with drug laws and other victimless crimes, and re-emphasizing
the prosecution of quaint, old school criminals such as murderers,
thieves and rapists.

Right on! He’d get my vote.

Dary Matera, a new community columnist, is an author who lives in
Chandler. The views expressed are those of the author. He may be
reached at dary@darymatera.com.