The war on drugs is a term for the actions taken and legislation enacted by the US federal government, intended to reduce or eliminate the production, distribution, and use of illicit drugs. The war on drugs began during the Nixon administration with the goal of reducing the supply of and demand for illegal drugs, but an ulterior racial motivation has been proposed. The war on drugs has led to controversial legislation and policies, including mandatory minimum penalties and stop-and-frisk searches, which have been suggested to be carried out disproportionately against minorities. The effects of the war on drugs are contentious, with some suggesting that it has created racial disparities in arrests, prosecutions, imprisonment, and rehabilitation. Others have criticized the methodology and the conclusions of such studies. In addition to disparities in enforcement, some claim that the collateral effects of the war on drugs have established forms of structural violence, especially for minority communities.

Law and order politics Origin Several scholars, including the historian and lawyer Michelle Alexander, have stated that the war on drugs is one product of a political strategy known as "tough on crime." The emergence of the initiative in conservative politics can be traced to American campaigns in the mid-1950s. A 1966 U.S. News & World Report article covering Nixon's presidential campaign quoted him as saying that "the increasing crime rate can be traced directly to the spread of the corrosive doctrine that every citizen possesses an inherent right to decide for himself which laws to obey and when to disobey them."Richard Nixon. "If Mob Rule Takes Hold." (August 15, 1966) U.S. News and World Report. In the 1960s, as Nixon was making his first presidential run, crime rates began to rise dramatically in the United States. Street crime reportedly quadrupled, and homicide rates nearly doubled.

Alexander writes that while scholars now attribute the rising crime rates to the surge in population of the baby boomer generation, conservatives then tied the increases to race. Crime reports were used as evidence of a loss of morality and of social stability in the wake of the Civil Rights Movement. The 1964 Republican presidential candidate Barry Goldwater made the connection during his campaign and helped to lay the groundwork for the tough on crime movement. In a 1964 speech, "Peace through Strength," Goldwater said, "Choose the way of the Johnson Administration and you have the way of mobs in the streets."Barry Goldwater, "Peace Through Strength" in Vital Speeches of the Day vol. 30 (New York: City News, 1964) 744. Lyndon Johnson's administration was responsible for passing the Civil Rights Act of 1964.

Alexander noted that Goldwater lost the presidential election, but his campaign strategy influenced that of Nixon's 1968 candidacy. Alexander stated that the politics of Nixon's campaign for president were coded anti-black rhetoric. Referring to the migration of black southerners to the north, Nixon said that "these cities were repaid with crime ridden slums and discontent." Nixon made 17 campaign speeches solely on law and order before the 1968 presidential election.Vesla M. Weaver, "Frontlash: Race and the Development of Punitive Crime Policy," Studies in American Political Development 21 (Fall 2007) 2442. The Republican strategist Kevin Phillips published his influential argumentative "The Emerging Republican Majority" in 1969 and wrote, "Nixon's successful presidential election campaign could point the way toward long term political realignment and the building of a new Republican majority, if Republicans continued to campaign primarily on the basis of racial issues, using coded antiblack rhetoric."See Kevin Phillips, The Emerging Republican Majority (New Rochelle, NY: Arlington House, 1969).

Nixon administration The war on drugs was declared by President Richard Nixon during a special message to Congress delivered on June 17, 1971, in response to increasing rates of death from narcotics. During his announcement, Nixon mentioned fighting the war on two fronts: the supply front and the demand front. To address the supply front, Nixon requested funding to train narcotics officers internationally and proposed various legislation to disrupt manufacturers of illegal drugs. The demand front referred to enforcement and rehabilitation; Nixon proposed the creation of the Special Action Office of Drug Abuse Prevention to co-ordinate various agencies in addressing demand for illegal drugs. The mission of President Nixon and the United States government was to use the war on drugs to emphasize law enforcement, reduce the supply of illicit drugs, arresting distributors, and attempting to prove a lesson to the people of America to stop using and selling drugs. Although, this drifted towards a focus on minorities. Prisons were filled with individuals arrested for nonviolent drug offenses, and most of the prisoners were a minority in the United States. He also requested an additional $155 million for treatment and rehabilitation programs and additional funding to increase the size and technological capability of the Bureau of Narcotics and Dangerous Drugs.

Controlled Substances Act Nixon announced his first major federal policy relating to the issue of substance abuse in 1970. Known as the Controlled Substances Act (CSA), it was ratified into law on September 7, 1970 and marked one of his administration's first major policy achievements. The CSA regulated at a federal level the manufacture, distribution, use, and distribution of certain substances. It placed all controlled substances into one of five scheduled classes based on their potential for abuse and ability to be used in medical treatment. One feature of the Act was the establishment of the National Commission on Marijuana and Drug Abuse, also known as the Shafer Commission, which was chaired by former Pennsylvania Governor Richard Shafer. Its purpose was to understand the extent of use of marijuana in the United States.Gabriel Nahas (1972) "The First Report of the National Commission of Marihuana (1972) Signal of Misunderstanding or Exercise in Ambiguity (PDF) Bully N.Y. Academy of Medicine. 50:56 The commission found that marijuana was undeserving to be classified as Schedule 1, the most dangerous classification, which included heroin and cocaine. In addition, the committee urged the administration to consider the potential of legalization laws in relation to marijuana.

The drug historian, writer, and researcher Emily Dufton attests to Nixon's disdain for marijuana and his personal convictions of a connection between the drug and social rot. In addition, she argues that Nixon viewed marijuana as a "black drug" and that pursuing a punitive attitude towards the drug could offer significant political gain. Dufton states that the administration directly ignored the report from the Shafer Commission because of Nixon's personal feelings towards the drug. Nixon told Shafer in a private meeting, "I have very strong feelings about marijuana." He continued, "I want a goddamn strong statement against the drug. One that just tears the ass out of legalization supporters." Marijuana's psychoactive chemical, tetrahydrocannabinol (THC), is still listed as a Schedule 1 drug, despite its legalization in several states. Scholars of criminal justice and drug policy like Antony Loewenstein and James Forman Jr. argued that the CSA was not punitive in nature but targeted marijuana in a demonizing and criminal way. Their argument was based on a belief that targeting marijuana was part of a larger anti-black political strategy. Both intellectuals argue that marijuana was purposefully aligned by conservative politicians with an urban black population, civil rights protests, and the rising crime rates of the late 1960s and the early 1970s. The argument concludes that the political strategy led to disproportionate punitive treatment of the black communities' usage of marijuana.

Increases in federal funding On June 17, 1971, Nixon held a press conference in which he announced, "America's public enemy number one in the United States is drug abuse." He continued, "In order to fight and defeat this enemy, it is necessary to wage a new, all-out offensive." In the speech, Nixon called for Congress to approve the allocation of $150 million in new funding to the "treatment and prevention of drug abuse." According to the Bureau of Labor Statistics, that is now the equivalent of just under $966 million.

Heroin epidemic During the Nixon administration, the country faced a heroin epidemic. There were 15 times as many heroin addicts in Washington, D.C., as there were in all of England. The US government responded in two ways. The first response came from Nixon's newly appointed Special Action Office for Drug Abuse Prevention, headed by Jerome Jaffe to provide free synthetic alternatives to heroin in the form of government-regulated methadone. The idea was not to cure the addicts but to prevent them from engaging in street crimes to feed their addictions. The second response came in the form of an increased police presence. Some community activists criticized the Nixon treatment program, many of whom saw heroin addiction and methadone treatment as a new form of black oppression. There was a call from black community leaders for more punitive action against dealers and users. Black activists in Chicago, DC, and Harlem called on government to increase the policing and the sentencing for individuals involved in robbery, mugging, street dealing and murder. Many civil rights advocates pushed back against the law and order rhetoric that won Nixon the White House, but other activists from some of the most drug-affected cities were some of the earliest supporters of more punitive drug policies. Scholars argue that conservative politicians used the calls from the nation's urban leaders as proof that the law and order policies had nothing to do with race. Many historians, including Foreman Jr. and Alexander write that knowingly or unknowingly, black politicians helped the formation of the American penal system, which would grow to operate at levels unprecedented in world history.

Creation of Drug Enforcement Agency In 1973, Nixon created the Drug Enforcement Agency (DEA) to bring together the Bureau of Dangerous Drugs and the US Customs Agency. According to the DEA's own historical record, the goal of the merger was to end the rivalry and the miscommunication between the offices in an attempt to combat the rising availability and use of drugs in the US."The DEA Years" (PDF). Drug Enforcement Agency. Retrieved 4/19/20

Upon its creation, the DEA received a $1 billion increase in federal funding over what the two agencies had been receiving prior to the merger. From 1973, before the merger, to 1974, federal budgeting for drug enforcement rose $41 billion and would increase again in 1975 from $116.20 billion to $140.90 billion.

Rockefeller Mandatory Minimum Drug Laws