Eric E. Sterling: Congress on Speed: Partisan Conflict Led to Many Problems in 1986 Drug Law

Eric E. Sterling: Congress on Speed: Partisan Conflict Led to Many Problems in 1986 Drug Law

"Today, the 112th Congress is stalled, mired in partisan conflict. Last week, the votes of 43 Republican senators blocked the proposal of Senator Jim Webb (D-VA) to create a National Criminal Justice Commission to study and recommend improvements to the criminal justice system. But in the 111th Congress, the proposal passed the House on a voice vote in 2010. This proposal, endorsed by the National Sheriffs Association, the International Association of Chiefs of Police, and the ACLU, had bi-partisan support last year. This year, however, partisan conflict has blocked the measure.

Other times, partisanship has led Congress to move too fast, and that produced trouble. Twenty-five years ago last Thursday (Oct. 27), President Reagan signed the Anti-Drug Abuse Act of 1986, after less than ninety days of jockeying between the Democratic House and Republican Senate.

The political wrangling was triggered by the cocaine death of Maryland basketball star Len Bias on June 19, 1986 as he celebrated signing with the Boston Celtics. In the media blitz following his tragedy, House Speaker "Tip" O'Neill from Boston spotted political opportunity for Democrats to claim anti-drug leadership in time for the election. Eager to complete a package before the August campaigns, the bills were very hastily written. Having spent many hours in the Speaker's conference room helping to write the law as counsel to the House Crime Subcommittee, I was invited to the White House twenty-five years ago. I've followed the results of that law closely.

The law's best known blunders were the long sentences for small amounts of drugs. Congress finally acknowledged the unfairness of crack sentencing and its racial disparity when it passed the Fair Sentencing Act of 2010. But many other features of the 1986 law were also bad policy.

The Drug-Free Schools program of 1986 got about $12 billion over twenty years. Every evaluation found it did not reduce drug use. The Administration finally eliminated this waste last year when the proof of its ineffectiveness at last overcame its political attractiveness -- $500 to 600 million per year in contracts and salaries.

The "designer drug" law we wrote in 1986 prohibited classes of drugs before they could even be invented and before they could be found to be beneficial or harmful. The presumption behind this ban, that any new drug would be "dangerous" and "bad," stigmatizes and deters discovery of new potentially beneficial drugs. Like most of the other provisions of the 1986 law, this one failed to do anything to prevent the spread of "ecstasy," synthetic cannabis such as "spice" and "K2," and stimulants marketed as "bath salts."

The National Forest System Drug Control Act of 1986 was supposed to protect the National Forests from marijuana cultivation. It was a fine idea, but the "protection" was not thought through. Expanded surveillance of urban electricity usage and scanning for temperature anomalies by drug agents encouraged by the potential riches from property forfeitures led to large-scale and destructive marijuana plantations over-running more than 61 National Forests by 2009."