PROS AND CONS OF DRUG LEGALIZATION, DECRIMINALIZATION, AND HARM REDUCTION

WEDNESDAY, JUNE 16, 1999

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON CRIMINAL JUSTICE, DRUG POLICY,

AND HUMAN RESOURCES,

COMMITTEE ON GOVERNMENT REFORM,

Washington, DC.

The subcommittee met, pursuant to notice, at 10:15 a.m., in room 2154, Rayburn House Office Building, Hon. John L. Mica (chairman of the subcommittee) presiding.

Present: Representatives Mica, Barr, Gilman, Souder, Hutchinson, Ose, Mink, Towns, Cummings and Kucinich.

Staff present: Robert Charles, staff director/chief counsel; Andrew Greeley, clerk; Sean Littlefield and Gilbert Macklin, professional staff members; Rob Mobley, congressional fellow; Cherri Branson, minority counsel; and Ellen Rayner, minority chief clerk.

Mr. MICA. Good morning, I would like to welcome you to this meeting of the Subcommittee on Criminal Justice, Drug Policy, and Human Resources and call this hearing to order.

It is my understanding that they are concluding a Democratic Caucus, and we should be joined by members from the minority side. The Republicans are having a conference which is just concluding, and we should be joined by members from the majority side in just a few minutes. But we will go ahead and begin.

I have an opening statement and I will be followed by others who have opening statements today. We have three panels that we will hear from.

The subject of today's hearing is the pros and cons of drug legalization, decriminalization, and harm reduction. Today the Subcommittee on Criminal Justice, Drug Policy, and Human Resources will examine a subject which is frequently talked about but rarely the topic of a congressional hearing-that is the question of drug legalization. Specifically, we will discuss issues relating to drug use, drug offenses, decriminalization, and harm reduction.

This hearing is just one more in a series of hearings that we have held and will continue to hold examining our Nation's drug control policy and its effectiveness. As you know, recent statistics on drug use by young people are not just worrisome, they are tragic and sobering. Methods to deter the use and abuse of dangerous substances should be the centerpiece of any serious effort to reverse the rising drug use trends.

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The simple truth is that drugs destroy lives. They steal away opportunities that might have been. They produce fatal overdoses, fatal accidents, and death by criminal homicide.

Despite the warm glow of well-intentioned words, the reality is hard to miss. Drug overdose deaths continue to plague our metropolitan areas, our suburbs, and our schools. There is really no element of our society today untouched by the ravages of illegal narcotics. Drug use is soaring among our 12th graders. More than 50 percent of them have tried an illicit drug, and more than one in four are today a current user.

There have been serious proposals across our land and here in Washington about how to best combat school violence and deal with drug traffickers, restore individual and community security, and reduce overall youth drug use. These proposals have ranged from legalization of marijuana for medical use to tough sentencing guidelines and needle exchanges.

Today, we venture into a first-of-its-kind hearing with this subcommittee's undertaking to provide new information and also solicit informed opinions from both the policymakers and the public on issues relating to drug legalization and decriminalization. The often high-pitched debate over legalization of drugs appears to have intensified during the past several years. There appears to be more public support for these initiatives than there was several years ago when they were first proposed.

My concern is that the media and other opinion leaders are paying more attention to drug legalization because there has been infact a well-financed and internationally and nationally coordinated effort championed by several organizations and wealthy backers. Quite frankly, I am not certain of their motivation, and I am not certain of their end game.

Regardless of which seed bed this movement is sprouting from, the issue needs to be openly and honestly addressed by both government and nongovernmental officials. That is why I decided to conduct this hearing and conduct additional hearings on this subject. That is why today we are bringing together Federal officials with responsibility in this area and a sampling of outside policy experts. The notion that dangerous drugs might one day be legalized has come from a number of sources, including former Surgeon General Joycelyn Elders, mayor of Baltimore Kurt Schmoke, the press, and other opinion leaders.

If this debate is going to be, as Justice Brennan once said, as all controversial debates should be, open and robust, it must at last be joined. Honest debate over these issues, I believe, will benefit the American people. Hopefully, we can also act to discredit those who promote positions without a basis in fact and add credibility to those who have facts on their side. The American public should understand the policy implications of legalization, decriminalization and harm reduction. They need to hear both sides of this debate, that is why we begin today, hopefully, in a civil and well-informed discussion.

There are many facets and nuances to this debate. However, I would like to take just a few moments to share my personal views on several issues.

As many of you know, I have been highly critical at times of this administration's drug policies and budget priorities. For a number of years, this administration floundered without specific goals or objectives in a coherent drug control policy. General McCaffrey has helped to change that direction, but in the prior leadership vacuum, substantial ground was lost and the war on drugs was nearly closed down. That said, I believe this void helped provide momentum to the current drive toward legalization and decriminalization. The problems associated with drug use are not simple and will not respond to simple solutions. I believe that there have been victories and successes in the fight against drug trafficking and drug use and abuse; however in my own view, we can and must do more. The alternative isn't very pretty. In fact, the alternative may be consigning a generation to addiction and drug dependency in unprecedented numbers. We cannot step backward after beginning to move forward.

The 50 percent drop in drug users, from 15.4 million in 1979 to a little over 12 million in 1992, and the 75 percent drop in cocaine use between a measured peak in 1985 of 5.7 million to a bottom of 1.4 million in 1992 are what I would term successes. As many of you know, these successes were the combined result of a strong parents' movement and a strong Federal antidrug policy. In New York City, we have seen that tough enforcement has reduced crime, murder, and drug abuse.

In the past few years, we have restarted, I believe, effective eradication and source country programs. We have also begun an unprecedented education and demand reduction program. It is important that before we reverse course, we must carefully examine what has worked and what has failed. If we can identify effective treatment for those incarcerated or those afflicted with drug addiction, nothing should stand in our way to provide care to those individuals. However, we cannot turn our backs on felonious conduct and issue those who traffic and deal in deadly substances a license to destroy lives.

Today's hearing solicits initial comments from this administration; and, as I said, we will have a sampling of experts on the subject today. This is our first hearing in a series of hearings that I hope will provide factual testimony on the questions of drug legalization, decriminalization and harm reduction.

Those are my opening comments. As I said, we have three panels we will hear from shortly.

I am pleased that we have been joined by our ranking member. I know she may be out of breath in running back, but I am delighted to recognize her at this time, the gentlelady and ranking member, as I said, Mrs. Mink from Hawaii. You are recognized. Mrs. MINK. I thank you, Mr. Chairman. I do apologize for being late.

The Democratic Caucus was convened this morning on a very important matter: juvenile justice. The majority leadership reoriented the debate procedure, as you know, at the last minute so we have been trying to sort things out. Half of the bill came out of my Committee on Education and the Workforce, which has now been pulled, so things are in somewhat of a disarray, and I apologize for being late.

I will insert my remarks at a later point. I would like at this time to yield a few minutes to Dennis Kucinich, who has an introduction to make.

Mr. KUCINICH. With the permission of the chair, with unanimous consent, I would like to introduce

Mr. MICA. Without objection.

Mr. KUCINICH. Thank you very much. I would like to introduce Kevin Sabbitt from the Community Antidrug Coalition. If Kevin could stand. Kevin is one of the many young people from across this country who is working on strategies to quell the use of drugs in communities. He had some remarks, with the permission of the chair, I would like with unanimous consent to be included in the record.

Mr. MICA. Without objection, so ordered.

Mr. KUCINICH. I might mention that Kevin's involvement and testimony was called to my attention by the wife of the Governor of the State of Ohio, Mrs. Hope Taft, who called me and asked me if I would communicate this to the chair. I would certainly appreciate your indulgence and the committee's indulgence.

Mr. MICA. We are very pleased for his participation. Without objection, his remarks will be made a part of the record.

Mr. KUCINICH. Thank you. Mrs. Mink, thank you.

Mr. MICA. Thank you.

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