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Why Do Police Really Oppose Marijuana Legalization? Part II

Submitted by smorgan on

Yesterday's post failed to address the prevalence of police officers who privately oppose the drug war, but silently uphold it even though they know it's wrong. My argument is quite incomplete without addressing this important phenomenon.

LEAP director Jack Cole has told me that police constantly admit to him in confidence that they agree with LEAP's arguments. Former Seattle Police Chief and LEAP speaker Norm Stamper has also stated that several high-ranking police officials have privately commended his efforts to end the drug war.

How then do we explain the behavior of police who carry out a war they don't believe in? Are they just following orders and collecting their paychecks? Are they fearful that speaking out will compromise their status within a profession they otherwise enjoy? Do they believe the laws are here to stay, so someone has to enforce them? Are some just waiting for their pension to kick in before joining LEAP?

I'm sure all of these factors contribute here, but I suspect that many officers have a more nuanced view of drug enforcement. I once asked a highly-regarded police sergeant what he thought of a controversial teenage curfew law aimed at curbing crime in D.C. "It's a useful tool," he replied, meaning that it gave him the authority to take action against suspicious youths in the absence of other evidence. If he can't prove they're out tagging cars, he can at least stop them and send them home.

Drug laws, particularly marijuana, perform a similar function by granting police the discretion to forgive or destroy individual suspects based solely on their demeanor and the contents of their pockets. Police can ignore the smell of marijuana when dealing with a polite citizen, or fabricate it entirely when they believe someone's hiding something. A law that criminalizes vast portions of the population, justifying detentions, searches and arrests, is a "useful tool" indeed. Officers needn't believe they're winning the war on drugs to find value in the vast authority it bestows upon them.

Wielding inflated drug war powers with the best of intentions may help some officers justify their participation in something they otherwise find distasteful. Of course, none of this justifies the massive collateral damage that occurs in the process, but it might help explain how conscientious people could engage in behavior that shocks the conscience.

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