Friday, February 7, 2025

The War on Drugs

 https://open.substack.com/pub/antiauthoritarianplaybook/p/the-war-on-drugs/r=nsdhl&utm_campaign=post&utm_medium=email

~~ recommended by collectivist action ~~

The flood of destabilizing and repressive changes that are being proposed and/or enacted under our new federal administration has been flowing so heavily and quickly that it can be easy to get lost in the weeds and lose track of the cumulative impact. To help us think through the implications of this moment, I offer this account of the war on drugs. We should never forget that this faux “war” began as the means by which the Nixon administration could consolidate its base and target its perceived enemies that had a deluge of other consequences that were normalized to most U.S. residents over time. Never forget; always be diligent.

Origins and Political Motivations of the War on Drugs

Nixon Administration's Core Objectives

  • Target and disrupt Black communities and the political left

  • Create mechanisms for mass surveillance and control

  • Criminalize political opposition

  • Build a "law and order" political narrative

  • Generate support from white voters by inciting racial fears through a combination of explicit and coded racist messaging

Confirmed by Nixon aide John Ehrlichman:
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and Black people... We knew we couldn't make it illegal to be either against the war or Black, but by getting the public to associate the hippies with marijuana and Blacks with heroin, and then criminalizing both heavily, we could disrupt those communities."

Structural Implementation

Legal Framework Creation

Institutional Development

  • Creation of the Drug Enforcement Administration (DEA)

  • Military equipment allocation to police

  • Expansion of prison construction

  • Development of new surveillance systems

  • Formation of cross-agency task forces

Political Narrative Building

  • "Tough on crime" rhetoric

  • Racialized drug panic

  • Media cooperation in shaping public perception

  • Framing drug use as a public health crisis

  • Anti-urban discourse reinforcing criminalization

Impact on Civil Liberties

Fourth Amendment Erosion

  • Warrantless searches normalized

  • "Probable cause" standard weakened

  • Expansion of stop-and-frisk policies

  • Asset forfeiture allowed without conviction

  • Public acceptance of mass surveillance

Due Process Reduction

  • Increased reliance on plea bargains

  • Limited trial rights

  • Expansion of civil forfeiture

  • Reduction of legal representation

  • Growth of administrative punishments

First Amendment Impacts

  • Surveillance of political groups

  • Restrictions on freedom of association

  • Limitations on protest and assembly rights

  • Intimidation of journalists and activists

Mass Incarceration Development

System Building

  • Prison construction boom

  • Rise of the private prison industry

  • Implementation of extended sentences

  • Reduced parole opportunities

  • Introduction of "three strikes" laws

Population Targeting

  • Racial profiling as an enforcement strategy

  • Class-based disparities in sentencing

  • Focus on urban communities

  • Criminalization of youth, especially Black and Latino boys

  • Expansion of immigration enforcement under drug war policies

Community Impact

  • Family disruption due to incarceration

  • Economic devastation in targeted communities

  • Political disenfranchisement of felons

  • Intergenerational trauma and instability

  • Breakdown of community structures

Contemporary Legacy

Surveillance State

  • Normalization of mass monitoring

  • Development of extensive databases

  • Erosion of privacy expectations

  • Integration of technology into policing

  • Expansion of corporate surveillance partnerships

Police Militarization

  • Increased access to military-grade equipment

  • Tactical training for domestic policing

  • Proliferation of SWAT deployments

  • "Warrior mentality" in policing culture

  • Rise of aggressive enforcement tactics

Civil Rights Reduction

  • Racial profiling normalized in law enforcement

  • Expansion of privacy restrictions

  • Increased assembly restrictions

  • Further constraints on free speech

  • Continued erosion of due process

Criminal Justice Transformation

  • Over-reliance on mass incarceration

  • Plea bargaining as the dominant legal outcome

  • Limited judicial review of sentencing

  • Increased prosecutorial power

  • Reduction of defense rights

The War on Drugs as a Framework for Future Policies

Post-9/11 Security State

  • Pre-existing drug war surveillance systems repurposed

  • Legal precedents used to justify security expansions

  • Public acceptance of broad government monitoring

  • Strengthened institutional frameworks for repression

  • Enhanced cross-agency cooperation in surveillance

Immigration Enforcement

  • Detention facilities adapted for mass deportation

  • Drug war legal tools used against immigrants

  • Limited due process for non-citizens

  • Family separations justified under "security" rhetoric

  • Expansion of mass surveillance at the border

Political Repression

  • Increased militarization in protest responses

  • Targeting of activist leaders and organizations

  • Use of infiltration and surveillance against movements

  • Media control through selective narratives

  • Criminalization of dissent under the guise of security

Key Legal Precedents and Their Impact

Terry v. Ohio (1968)

  • Allowed police to stop and frisk with only "reasonable suspicion"

  • Created the legal basis for widespread street stops

  • Led to systematic racial profiling

  • Enabled New York City's stop-and-frisk program, which disproportionately targeted Black and Latino men

Illinois v. Gates (1983)

  • Weakened probable cause requirements for search warrants

  • Established "totality of circumstances" test

  • Made obtaining drug-related warrants easier

  • Increased reliance on informants and unverified tips

Whren v. United States (1996)

  • Validated pretextual traffic stops

  • Allowed racial profiling if an "objective" reason exists

  • Expanded police discretion in stops and searches

  • Created a legal framework for discriminatory enforcement

Specific Programs and Their Effects

Operation Pipeline (1984)

  • DEA-trained police in pretextual stops

  • Developed "drug courier profiles," often based on race

  • Trained over 25,000 officers nationwide

  • Institutionalized racial profiling in traffic stops

DARE Program

  • School-based drug prevention program

  • Created a normalized police presence in schools

  • Contributed to the school-to-prison pipeline

  • Promoted surveillance of youth under the guise of education

High Intensity Drug Trafficking Area (HIDTA) Program

  • Provided federal funding to local police departments

  • Encouraged militarized policing tactics

  • Increased surveillance capabilities

  • Promoted the creation of multi-agency task forces

Institutional Transformations and Community Impacts

Police Militarization

  • Pentagon's 1033 Program transferred military weapons to police

  • SWAT teams increased from 500 (1970) to 50,000+ (2000s)

  • Routine use of military tactics in domestic law enforcement

  • Increase in no-knock raids

Prison Expansion

  • Federal prison population grew 800% (1980–2000)

  • Private prison industry emerged as a major economic force

  • Rural prison construction became an economic development tool

  • Creation of supermax facilities with extreme isolation policies

Political Consequences

  • Felony disenfranchisement expanded, excluding 6 million voters by 2016

  • Surveillance and infiltration of activist movements

  • Criminalization of protest and political organizing

  • Sensationalized media coverage reinforced racialized narratives

Final Takeaways

The War on Drugs functioned as:

  • A template for social control

  • A Trojan Horse of repressive social policies

  • A model for surveillance expansion

  • A framework for political repression

  • A tool for racial and economic oppression

  • A machine for mass incarceration

Understanding this history is critical to understanding the roots of contemporary police militarization, mass surveillance, systemic racism, and political repression, and to developing our ability to see the long-term consequences of the authoritarian agenda today. Both the structures of power and accountability, and our collective consciousness as a national community is being transformed. Obedience in advance cedes ground to authoritarianism, and the more political and social “ground” that the authoritarians control, the easier it will be for them to normalize increasingly authoritarian and repressive regimes.

Addendum

When we hear the term “mass incarceration” we should understand it in context. The United States leads the world in incarceration, with over 1.9 million people behind bars—more than any other country. With just 4% of the global population, the U.S. holds nearly 20% of the world’s prisoners.

In 1971, when the war on drugs was initiated, the total number of incarcerated individuals in the United States was approximately 330,000. This figure includes individuals held in federal and state prisons, as well as local jails. At that time, the incarceration rate was about 161 per 100,000 residents. Today, the U.S. incarceration rate is 683 per 100,000 residents.

Economic Costs & Policy Priorities

  • $80+ billion annually in direct costs to taxpayers, not counting lost productivity and social costs.

  • Funding for policing and prisons has ballooned by 300%+ since the 1980s, while social safety net programs—housing, education, healthcare—have faced cuts or stagnation.

  • Some states now spend more on prisons than higher education.

Racial & Social Disparities

  • Black Americans are incarcerated at 5 times the rate of white Americans; Latinos at 1.3 times the rate.

  • One in three Black men born today can expect to be incarcerated in their lifetime under current policies.

  • Tough-on-crime policies, drug laws, and mandatory minimums disproportionately target Black and brown communities, fueling intergenerational poverty and disenfranchisement.

The Bigger Picture

Mass incarceration is not just a crime policy—it’s a political tool that redirects resources from communities to control them, exacerbating inequality while failing to make society safer.