“As is often the case with drug raids, the initial, self-serving police account proved to be inaccurate in several crucial ways. Although Thonetheva supposedly was armed and dangerous, he proved to be neither: He was unarmed when he was arrested later that night at his girlfriend’s apartment without incident (and without the deployment of a “distraction device”). Although Terrell claimed police had no reason to believe they were endangering children, even cursory surveillance could easily have discovered that fact: There were children’s toys, including a plastic wading pool, in the yard, where Bounkham frequently played with his kids. In the driveway was a minivan containing four child seats that was decorated with decals depicting a mother, a father, three little girls, and a baby boy.
Four months after the raid, a local grand jury faulted the task force that executed it for a “hurried” and “sloppy” investigation that was “not in accordance with the best practices and procedures.” Ten months after that, a federal grand jury charged Nikki Autry, the deputy who obtained the no-knock warrant for the raid, with lying in her affidavit. “Without her false statements, there was no probable cause to search the premises for drugs or to make the arrest,” said John Horn, the acting U.S. attorney for the Northern District of Georgia. “And in this case, the consequences of the unlawful search were tragic.”
The negligence and misconduct discovered after the paramilitary operation that burned and mutilated Bou Bou Phonesavanh are common features of “botched” drug raids that injure or kill people, including nationally notorious incidents such as the 2019 deaths of Dennis Tuttle and Rhogena Nicholas in Houston and the 2020 death of Breonna Taylor in Louisville, Kentucky. But beyond the specific failures detailed in the wake of such outrages is the question of what these operations are supposed to accomplish even when they go as planned. In the vain hope of preventing substance abuse, drug prohibition authorizes police conduct that otherwise would be readily recognized as criminal, including violent home invasions that endanger innocent bystanders as well as suspects and police officers.
…
what are police trying to achieve when they mount an operation like this one? As the grand jury implicitly conceded, busting one dealer has no measurable impact on the availability of drugs: If police nab someone like Thonetheva, someone else will surely take his place. But from 1995 through 2023, police in the United States arrested people for producing or selling illegal drugs millions of times. Did that massive undertaking make a dent in the drug supply big enough to reduce consumption?
Survey data suggest it did not. The federal government estimated that 25 percent of Americans 12 or older used illegal drugs in 2023, up from 11 percent in 1995. Meanwhile, the age-adjusted overdose death rate rose more than tenfold.
…
SWAT teams, originally intended for special situations involving hostages, active shooters, or riots, today are routinely used to execute drug searches.
…
Even when drug raids do not technically involve SWAT teams, they frequently feature “dynamic entry” in the middle of the night. Although that approach is supposed to reduce the potential for violence through surprise and a show of overwhelming force, it often has the opposite effect. As the Habersham County grand jury noted, these operations are inherently dangerous, especially since armed men breaking into a home after the residents have gone to bed can easily be mistaken for criminals, with potentially deadly consequences.
…
How often does this sort of thing happen? There is no way to know. Prosecutors, judges, and jurors tend to discount the protestations of drug defendants, especially if they have prior convictions, and automatically accept the testimony of cops
…
The underlying problem, of course, is the decision to treat that exchange of drugs for money as a crime in the first place. By authorizing the use of force in response to peaceful transactions among consenting adults, prohibition sets the stage for the senseless violence that periodically shocks Americans who are otherwise inclined to support the war on drugs. But like the grand jurors in Habersham County, they typically do not question the basic morality of an enterprise that predictably leads to such outrages.”
“Trump’s contention that Mexico and Canada could “easily solve” the drug trafficking problem was equally dubious. For more than a century, politicians have been promising to “stop the flow” of illegal drugs, and they have never come close to achieving that goal—not for lack of trying, but because the economics of prohibition doom all such efforts.
Prohibition allows traffickers to earn a hefty risk premium that provides a strong incentive to find ways around any barriers that governments manage to erect. Drugs can be produced in many different places, and they can be smuggled into the country in a wide variety of ways. Any serious effort to prevent drugs from entering the United States would entail intolerable disruption of travel and trade, and it still would not succeed. That challenge is magnified in the case of a highly potent drug like fentanyl because large numbers of doses can be transported in small packages that are hard to detect.
…
Since Canada accounts for only a tiny percentage of fentanyl entering the United States, “flood” seems like an exaggeration. In any case, it is not clear what would qualify as “adequate steps” or “satisfactory resources” as far as Trump is concerned. Taking Trump at his word, there is no such thing, because there is nothing that Canada or Mexico can do that will be sufficient to achieve the impossible goal of stopping illegal drugs from entering the United States.”
“Alexander Ledvina was convicted of violating a federal law that bars illegal drug users from owning guns. Exactly a year later, President Joe Biden, whose administration had zealously defended that law in court, pardoned his son, Hunter Biden, for committing the same crime.
Ledvina, a marijuana user who was 26 when he was arrested, was sentenced to four years and three months in federal prison. Hunter Biden, a middle-aged former crack user, faced up to 25 years in prison after he was convicted of illegal gun possession and two related firearm offenses. But thanks to his father’s intervention, he did not suffer any criminal punishment at all.
…
Under 18 USC 922(g)(3), “an unlawful user” of “any controlled substance” who receives or possesses a firearm is committing a felony punishable by up to 15 years in prison.”
“When it became clear that overdoses had risen dramatically in 2020, experts surmised that it had something to do with the social and economic disruption caused by the COVID-19 pandemic and the government’s response to it—an impression confirmed by subsequent research.
A 2024 study found that “volatile drug use during the COVID-19 pandemic was common, appeared to be driven by structural vulnerability, and was associated with increased overdose risk.” Another study published the same year concluded that “policies limiting in-person activities significantly increased” drug death rates.
If pandemic-related disruption drove the 2020 overdose spike, the return to normal life seems like a plausible explanation for subsequent decreases, although the death toll was still about 14 percent higher last year than it was in 2019. Last fall, University of North Carolina drug researcher Nabarun Dasgupta and his colleagues suggested other possible factors, including wider availability of naloxone, an opioid antagonist that quickly reverses overdoses.”
“Bondi’s most obvious mistake is equating potential overdoses with actual overdoses: She assumes that 258 million opioid-naive people would each have consumed two milligrams of fentanyl in one sitting. But Bondi also erroneously assumes that seizing 3,400 kilograms of fentanyl is the same as reducing U.S. fentanyl consumption by that amount.
That is obviously not true. Prohibition allows drug traffickers to earn a hefty risk premium, which gives them a strong incentive to find ways around any barriers the government manages to erect. Given all the places where drugs can be produced and all the ways they can be smuggled, it is not possible to “cut off the flow,” as politicians have been vainly promising to do for more than a century. The most they can realistically hope to accomplish through interdiction is higher retail prices resulting from increased costs imposed on drug traffickers.
That strategy is complicated by the fact that illegal drugs acquire most of their value close to the consumer. The cost of replacing destroyed crops and seized shipments is therefore relatively small, a tiny fraction of the “street value” trumpeted by law enforcement agencies. As you get closer to the retail level, the replacement cost rises, but the amount that can be seized at one time falls.
These challenges—which are compounded in the case of fentanyl, a highly potent drug that can be transported or shipped in small packages containing many doses—explain why interdiction never seems to have a significant and lasting impact on retail prices. From 1981 to 2012, according to the Office of National Drug Control Policy, the average, inflation-adjusted retail price for a pure gram of heroin fell by 86 percent. During the same period, the average retail price for cocaine and methamphetamine fell by 75 percent and 72 percent, respectively. In 2021, the Drug Enforcement Administration reported that methamphetamine’s “purity and potency remain high while prices remain low,” that “availability of cocaine throughout the United States remains steady,” and that “availability and use of cheap and highly potent fentanyl has increased.””
“The study included 2,653 drug seizures and 1,833 opioid-related deaths from 2020 to 2023. “Within the surrounding 100, 250, and 500 meters,” RTI International researcher Alex H. Kral and his two co-authors reported in JAMA Network Open on Wednesday, “drug seizures were associated with a statistically significant increase in the relative risk for fatal opioid overdoses.””
…
“Prohibition makes drug use more dangerous by creating a black market in which quality and potency are highly variable and unpredictable. Ramped-up enforcement of prohibition magnifies that problem, as dramatically demonstrated by the deadly impact of restricting access to pain medication at the same time that illicit fentanyl was proliferating as a heroin booster and substitute.”
“The Food and Drug Administration earlier this month fired dozens of staffers responsible for going after retailers who illegally sell tobacco to minors.
Now it’s begging them to come back.
Senior FDA officials asked laid-off employees in recent days to temporarily return after mass cuts decimated the agency’s ability to penalize retailers that sell cigarettes and vapes to minors, four federal health officials familiar with the matter said.”
…
“Without aggressive federal oversight, stores would face far less incentive to turn away underage buyers. That could open the door to a reversal in youth tobacco use rates, experts said, undercutting the fight against chronic disease that Kennedy has vowed to make the centerpiece of his agenda. The civil penalties office also served as a key tool in combating growing sales of illicit vapes.
People who smoke cigarettes, use e-cigarettes or other tobacco products primarily begin before they turn 18, research shows, elevating their risk for a range of chronic diseases like lung cancer and heart disease.”
…
“It remains unclear why HHS gutted the office focused on civil penalties, which is known within FDA’s tobacco enforcement apparatus as the Division of Business Operations. The Center for Tobacco Products is funded entirely by user fees paid by industry, meaning the terminations won’t create any taxpayer savings. Instead, officials said, it may end up costing money; the fines that the FDA collects from retailers are funneled directly to the federal treasury.
Kennedy, who has singled out smoking as particularly detrimental to Americans’ health, argued in a recent CBS News interview that all the jobs eliminated across HHS were either administrative or deemed redundant.
“In some cases, we cut programs, but we only did that when we consolidated them into another program,” he said. “So the task will continue, their mission will continue. The people are still there for the most part.”
Yet within the FDA, the officials said the cuts effectively collapsed its tobacco enforcement operation.”
“When President Donald Trump announced his nomination of Pam Bondi as attorney general, he extolled her “incredible job” in “work[ing] to stop the trafficking of deadly drugs and reduc[ing] the tragedy of Fentanyl Overdose Deaths.” Yet those deaths exploded on Bondi’s watch as Florida’s attorney general.”
…
“Bondi’s fans praised her for cracking down on “pill mills,” which may have made it harder for nonmedical drug consumers (as well as bona fide patients) to obtain prescription opioids such as hydrocodone and oxycodone. But the result was increased consumption of black market alternatives, which are much more dangerous because their quality and potency are highly variable and unpredictable. That hazard was magnified by the simultaneous proliferation of illicit fentanyl as a heroin booster and substitute—a development that likewise was driven by prohibition, which favors more potent drugs that are easier to conceal and smuggle.”