« Previewing the two capital punishment administration cases before SCOTUS this fall | Main | Office of Inspector General assails how federal Bureau of Prisons manages female prisoners »

September 18, 2018

The latest argument for "overhauling the [DEA], or even getting rid of it entirely."

Leo Beletsky and Jeremiah Goulka has this new New York Times commentary under the headline "The Federal Agency That Fuels the Opioid Crisis: The Drug Enforcement Administration has proved itself incompetent for decades."  Here is how it starts and ends:

Every day, nearly 200 people across the country die from drug overdoses.  Opioids have been the primary driver of this calamity: first as prescription painkillers, then heroin and, more recently, illicitly manufactured fentanyl.  The death toll has risen steadily over the past two decades.

The Drug Enforcement Administration, the agency that most directly oversees access to opioids, deserves much of the blame for these deaths.  Because of its incompetence, the opioid crisis has gone from bad to worse.  The solution: overhauling the agency, or even getting rid of it entirely.

The problem begins with poor design.  A brainchild of Richard Nixon’s “war on drugs,” the agency sought to cut off supplies of drugs on the black market, here and abroad. But in passing the Controlled Substances Act of 1970, Congress also gave the agency broad authority over how prescription opioids and other controlled substances were classified, produced and distributed.  The agency was supposed to curb problematic drug use, but failed to do so because its tactics were never informed by public health or addiction science.

Despite the investment of hundreds of billions of taxpayer dollars and the earnest efforts of thousands of employees, the D.E.A.’s track record is abysmal. The agency has been unable to balance legitimate access to and control of prescription drugs.  The widespread over-reliance on opioids, along with benzodiazepines, amphetamines and other scheduled medications, has created a booming black market.

The agency’s enforcement strategies, and the support it has lent to local and state police departments, have also fueled abusive police tactics including dangerous no-knock-raids and ethnic profiling of drivers.  It has eroded civil liberties through the expansion of warrantless surveillance, and overseen arbitrary seizures of billions of dollars of private property without any clear connection to drug-related crimes.  These actions have disproportionately targeted people of color, contributing to disparities in mass incarceration, confiscated property, and collective trauma....

We urgently need to rethink how our nation regulates drugs.  What should our goals be?  How can we design institutions and performance metrics to achieve them?

The answers lie at the local and state levels.  In Rhode Island, opioid overdoses are declining because people behind bars have access to effective treatment. Massachusetts has deployed drop-in centers offering treatment, naloxone and other services.  San Francisco and Seattle are planning to open safe consumption spaces which show tremendous promise as a tool to reduce overdose deaths and other drug-related harm.  But the D.E.A. and its institutional parent, the Justice Department, stand in the way of some of these experiments.

We ought to reinvent the Drug Enforcement Administration. Considering its lack of public health and health care orientation, the agency’s regulatory authority over the pharmaceutical supply could be transferred to a strengthened and independent Food and Drug Administration, while the regulation of medical and pharmacy practice can be ceded to the states.  Parts of the D.E.A.’s law enforcement mandate should be transferred to the F.B.I., delegated back to the local or state, or eliminated.  A significant portion of the D.E.A.’s budget should be reinvested in lifesaving measures like access to high-quality treatment.

The Drug Enforcement Administration has had over 40 years to win the war on drugs.  Instead its tactics have fueled the opioid crisis.  To finally make a dent in this national emergency, we need to rethink the agency from the bottom up.

Perhaps unsurprisingly, the suggestion to consider abolishing DEA is not novel. A quick google search turned up these other recent like-minded commentary (among others):

September 18, 2018 at 03:59 PM | Permalink

Comments

The government is dead, long live the government!

Posted by: Daniel | Sep 18, 2018 5:09:46 PM

DEA may be the biggest govmnt wSte of all time. But good luck trying to eliminate it.

Overhaul job, will not be an easy sell either. Have all of their employees, ya see the govmnt is an employer. Not supposed to exist to employ people, but oh well.

Posted by: MidWestGuy | Sep 18, 2018 10:59:06 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB