By 1926, he and his fellow gangsters were making $3.6 billion a year—in 1926 money! To give some perspective, that was more than the entire expenditure of the U.S. government. The criminals could outbid and outgun the state. So they crippled the institutions of a democratic state and ruled, just as drug gangs do today in Mexico, Afghanistan, and ghettos from South Central Los Angeles to the banlieues of Paris. They have been handed a market so massive that they can tool up to intimidate everyone in their area, bribe many police and judges into submission, and achieve such a vast size, the honest police couldn't even begin to get them all. The late Nobel Prize winning economist Milton Friedman said, "Al Capone epitomizes our earlier attempts at Prohibition; the Crips and Bloods epitomize this one."
One insight, more than any other, ripples down from Okrent's history to our own bout of prohibition. Armed criminal gangs don't fear prohibition: They love it. He has uncovered fascinating evidence that the criminal gangs sometimes financially supported dry politicians, precisely to keep it in place. They knew if it ended, most of organized crime in America would be bankrupted. So it's a nasty irony that prohibitionists try to present legalizers—then and now—as "the bootlegger's friend" or "the drug-dealer's ally." Precisely the opposite is the truth. Legalizers are the only people who can bankrupt and destroy the drug gangs, just as they destroyed Capone. Only the prohibitionists can keep them alive.
Once a product is controlled only by criminals, all safety controls vanish and the drug becomes far more deadly. After 1921, it became common to dilute and relabel poisonous industrial alcohol, which could still legally be bought, and sell it by the pint glass. This "rotgut" caused epidemics of paralysis and poisoning. For example, one single batch of bad booze permanently crippled 500 people in Wichita, Kan., in early 1927—a usual event. That year, 760 people were poisoned to death by bad booze in New York City alone. Wayne Wheeler persuaded the government not to remove fatal toxins from industrial alcohol, saying it was good to keep this "disincentive" in place.
Prohibition's flaws were so obvious that the politicians in charge privately admitted the law was self-defeating. Warren Harding brought $1,800 of booze with him to the White House, while Andrew Mellon—in charge of enforcing the law—called it "unworkable." Similarly, the last three presidents of the United States were recreational drug users in their youth. Once he ceased to be president, Bill Clinton called for the decriminalization of cannabis, and Obama probably will too. Yet in office, they continue to mouth prohibitionist platitudes about "eradicating drugs." They insist the rest of the world's leaders resist the calls for greater liberalization from their populations and instead "crack down" on the drug gangs—no matter how much violence it unleashes. Indeed, Obama recently praised Calderon for his "crackdown" on drugs by—with no apparent irony—calling him "Mexico's Eliot Ness." Obama should know that Ness came to regard his War on Alcohol as a disastrous failure, and he died a drunk himself—but drug prohibition addles politicians' brains.
By 1928, the failure of Prohibition was plain, yet its opponents were demoralized and despairing. It looked like an immovable part of the American political landscape, since it would require big majorities in every state to amend the Constitution again. Clarence Darrow wrote that "thirteen dry states with a population of less than New York State alone can prevent repeal until Haley's Comet returns," so "one might as well talk about taking a summer vacation of Mars."
Yet it happened. It happened suddenly and completely. Why? The answer is found in your wallet, with the hard cash. After the Great Crash, the government's revenues from income taxes collapsed by 60 percent in just three years, while the need for spending to stimulate the economy was skyrocketing. The U.S. government needed a new source of income, fast. The giant untaxed, unchecked alcohol industry suddenly looked like a giant pot of cash at the end of the prohibitionist rainbow. Could the same thing happen today, after our own Great Crash? The bankrupt state of California is about to hold a referendum to legalize and tax cannabis, and Gov. Arnold Schwarzenegger has pointed out that it could raise massive sums. Yes, history does rhyme.
Many people understandably worry that legalization would cause a huge rise in drug use, but the facts suggest this isn't the case. Portugal decriminalized the personal possession of all drugs in 2001, and—as a study by Glenn Greenwald for the Cato Institute found—it had almost no effect at all. * Indeed, drug use fell a little among the young. Similarly, Okrent says the end of alcohol prohibition "made it harder, not easier, to get a drink. ... Now there were closing hours and age limits, as well as a collection of geographic proscriptions that kept bars or package stores distant from schools, churches and hospitals." People didn't drink much more. The only change was that they didn't have to turn to armed criminal gangs for it, and they didn't end up swigging poison.
Who now defends alcohol prohibition? Is there a single person left? This echoing silence should suggest something to us. Ending drug prohibition seems like a huge heave, just as ending alcohol prohibition did. But when it is gone, when the drug gangs are a bankrupted memory, when drug addicts are treated not as immoral criminals but as ill people needing health care, who will grieve? American history is pocked by utopian movements that prefer glib wishful thinking over a hard scrutiny of reality, but they inevitably crest and crash in the end. Okrent's dazzling history leaves us with one whiskey-sharp insight above all others: The War on Alcohol and the War on Drugs failed because they were, beneath all the blather, a war on human nature.
Correction, June 3, 2010: This article originally stated that Glenn Greenwald conducted a study on Portugal's decriminalization of personal possession drugs for the American Enterprise Institute. It was for the Cato Institute. (Return to the corrected sentence.)
Corrections, June 8, 2010: This article originally misspelled the last name of Frederick Douglass as Douglas. (Return to the corrected sentence.) In addition, the article cited an incorrect date for the passage of the 18th Amendment. (Return to the corrected sentence) It also suggested that women gained the right to vote before, rather than after the passage of prohibition. (Return to the corrected sentence.)
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