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VIRGINIA GAZETTE

 

 

 

 

WILLIAMSBURG, VIRGINIA

Drug tests unconstitutional

 

 

 

March 23, 2005

 

 

 

 

 

 

 

On Nov. 7, 2003, the police of Goose Creek, S.C. engaged in what was described by the local CBS station as a “commando style raid” on Stratford High School. Waving their pistols at students and flanked by menacing K-9 drug-sniffing dogs, the gendarmes hauled students out of their classrooms and forced them to lie on their stomachs in the halls. Those who didn’t comply quickly enough were handcuffed. While some of the police, with guns drawn and pointed, stood over the students, others ransacked lockers, backpacks and other student belongings in search of drugs. They found nothing.

 

Parents were outraged, but the police were never sanctioned for their insidious incursion. 

 

Last year at Berkeley Middle School another such raid occurred, though the commandoesque approach was absent and guns were not trained on students. Nevertheless, students were ordered out of their classrooms and told to line up in the halls while the police and their dog rummaged through belongings left in the classrooms. 

 

According to School Board chair Ann Brown, such raids are condoned whenever reports of drug activity in the schools are conveyed to police by school administrators.

 

Such is the sad state of student civil liberties and privacy rights not only here, but throughout the nation. Though guaranteed protection under the Constitution against unwarranted searches and seizures, students are all too frequently harassed by police and school administrators demanding zero tolerance for drugs.  

 

That most students never engage in drug use seems to be of no concern. All students are presumed guilty and caught in the same net of classroom disruption and privacy invasion. 

 

In an effort to ameliorate the expulsive harshness of the schools’ zero tolerance dicta and encourage what they see as a more reasoned approach to drug abuse, a group of concerned parents recently attended a meeting of the WJC School Board and requested that  it establish a program of random drug testing for extracurriclar groups, beginning with student-athletes. Their hope is to identify drug users and, through counseling and medical help, avert the consequences of serious addiction.

 

Laudable as this sounds, it nevertheless may run afoul of constitutional concerns and current research in the field of random testing. According to Marsha Rosenbaum, a drug researcher and director of San Francisco’s Drug Policy Alliance, there is no evidence that random drug testing deters drug use. In addition, it alienates students and reduces them to the status of experimental guinea pigs to be used by those seeking a panacea for drug abuse.

 

As Rosenbaum points out, despite harsh legal penalties, drug testing, and subjecting students to searches, guns and dogs, teenage drug use  is on the rise. Zero tolerance as a legal standard or school policy has failed. It does little more than demonize students who have experimented with drugs and confronts them with humiliation and expulsion if caught more than once.  

 

What lies at the core of the drug problem in this country is the frenzied fiasco known as the war on drugs, which was begun in 1914 by a group of fundamentalists. At a cost of $30 billion a year and an arrest rate of 1.5 million people on drug-related charges, we now have behind bars for drug offenses more inmates than Britain, France, Germany, Italy and Spain combined.

 

And for what? Statistics from the Addiction Research Center in Switzerland indicate that, worldwide, of the over 7 million who die each year from addictive substances, 71% can be traced to tobacco, 26% to alcohol and 3% to drugs. Yet, in 2002, police in this country arrested almost 700,000 people for the mere possession of marijuana. Even worse, in 2004, over 100,000 women, many with dependent children, were arrested for possession of drugs. Nationwide – and this includes our own regional jail – a whopping 80% of those behind bars are in jail on drug-related charges. 

 

It would seem that the only groups benefiting from our failed drug policies are the police and federal drug officials. Joseph McNamara, the former police chief of San Jose, Calif., admitted that financially strapped police departments receive significant funding from federal officials, who encourage drug arrests and the seizure of assets of suspected drug criminals to fund their departments.  

 

Certainly we can do better than this. It’s time that we admitted that the war on drugs, as well as the war against those who use them, is a colossal failure and a striking waste of money and human productivity. 

 

It’s time that we consider the legalization of soft-core drugs, such as marijuana, and decriminalize the use of hard-core drugs, such as cocaine and heroin. In this regard, we might well look to the paradigm established in the Netherlands. Since 1972 the Dutch have allowed the government-controlled, legal use of marijuana. Users of hard-core drugs are not incarcerated, but rather are considered patients and hence undergo treatment in state clinics or out-patient centers until they can function effectively in society.

 

Virginia’s 28 drug courts, which offer a counseling and educational alternative to incarceration for non-violent drug users, appear to be mirroring the Dutch experience with exceptional results.      

 

Whatever we do, we must insist that drug searches, random drug testing of young and presumably innocent citizens, guns pointed at students and dogs sniffing their belongings have no place in a country whose constitutional guarantees strongly preclude such activities.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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