It's impossible to win the war on drugs because there has never in history been a 100% completely sober society with zero intoxication of any kind. It's the human condition that there will always be people seeking to artificially alter their emotional/sensory state. Hell, I'll bet the use of alcohol and weed predates written history. Even ancient American Indian tribes used to eat the hallucinogen peyote as part of their religious rituals.
When I say "win", I mean "restore a modicum of a braking system". This push to legalize everything (eventually, mark my words) is an affront to the longevity of our society ultimately. Don't think the Russians & Chinese aren't drooling at the prospect of a heroin-epidemic America. Remember, this thread really isn't about pot, it's about heroin using pot's precedent in "law"...
All the drugs were all illegal in every state for decades. The numbers of users increased. Countless years were wasted by police as they pursued drug users and dealers. No sooner would they end one investigation after weeks, or months of work, and ten more dealers would step in to fill the vacuum left by the ring that had been arrested.
Federal task forces. State task forces, join investigations galore, and the use, availability, and number of sales increased. Going hard hasn’t done anything. We threw the constitution out the window and have cops spending entire days hunting for drug money traveling on the highways. We seize this money and call it Civil Forfeiture. We haven’t dented the earnings of the drug kingpins. The Mexican Army hunts down a drug lord like El Chapo, and the entire drug distribution network is simply absorbed by another.
We tried this for decades. We have accomplished zilch except that we need more prisons for these vile criminals. We’ve unleashed technology, and poured billions into this war, and by any standard we are worse off now than we were when we began it.
There is literally no standard you can point to and say that there is even a modicum of progress in the war on drugs. There is literally no metric you can use to say that the efforts have been successful. We have the Coast Guard spending more time hunting drug runners than safety inspections. We have the Military down there flying along the Gulf of Mexico looking for planes that are trying to fly under the radar. We have unprecedented numbers of Border Patrolmen using unimagined technology to search cars. But after all that, we are actually still importing more drugs now, than we were when this stuff was proposed.
So what example of a braking action can you point to as proof of your theory? Narcotics squads have existed in police departments for decades. Since the 1950’s in some cities. People who specialize in finding drug dealers. We’ve had the DEA running around and accomplishing jack shit for how long? Seriously, people have started working in the DEA since the War on Drugs began, fulfilled a career, and retired, and haven’t even dented the Drug import business. Oh they catch and lock up a few, but the drug distribution isn’t even slowed, much less interrupted.
That’s the honest assessment. All the money, all the effort, all the lives we have spent on this war, and we have more drugs available now, than we did fifty years ago.
So if that doesn’t work, what does? We’ve doubled down on the war so often as to be laughable anymore. Finally, some states and cities are throwing their hands up in disgust. They’ve spent hundreds of millions of dollars funding this war on drugs, and accomplished zilch. So you want to sue them to force them to keep throwing good money after bad or else. Bah.
Where has drug usage declined? Interestingly enough, in nations where it is legal. Portugal is one example. They decided to ignore the common user, and not arrest them. They decided to leave it alone, and offer treatment options instead. It was cheaper, and it has been successful.
But we’re Americans. And just because something doesn’t work, doesn’t mean we’re going to stop doing it. Why, we never give up. We are stupidly stubborn if nothing else. We have lots of examples. It was obvious that the war in Vietnam was lost in the late 1960’s. But we kept fighting there, refusing to admit defeat. We are no longer barbarded with ideas of what Victory in Afghanistan will look like. Now, our reason for fighting is that we can’t lose. We aren’t fighting to win, we’re fighting not to lose. That’s what the War on Drugs is. A hopeless cause we are too proud to admit we are losing. So instead of trying to find a way to accomplish the goal, a braking action you call it, we continue to flail ineffectually because anything else is a surrender, and we won’t do that.
All the technology in the world did not help us win in Vietnam. All the lives, all the money, and all the effort was wasted from day one. All the cutting edge tech in the world has not won Afghanistan. There is no shortage of money, or desire there. The only thing missing, is the ability to actually win.
The idea that you can sue California to force them to keep throwing money at a lost cause is a problem. Because their defense is two fold. First. If drugs are shipped across the state lines, that is the Federal Government’s problem, not California. There is nothing in the law preventing the DEA from arresting anyone they want to. The only caveat is that the State is hands off. It’s your problem, not mine.
By the time some twenty years had passed, and you got to the Supreme Court, the argument of the Tenth Amendment would be winning. It is California’s job to run California, not New York. It is the DEA’s job to stop interstate shipments of drugs, not California.
Worse for you, in the next two decades, the number of people who believe that the war on drugs was long ago lost, will be even higher. Because even though we are incredibly arrogant, an increasing number of us are starting to understand that this effort, the war on drugs, is a wasteful disaster of public policy.