I am currently studying drug policies and trade law in their correlation with harmful chemicals that affect rural population. As such, I decided to look to see what Drug Policy under an Obama administration might look like. The results of my brief search will likely disappoint progressive and conservatives alike.
"I've got two kids, so I don't want anyone pushing drugs on them. And we have to take that seriously as a crime... but we also have to recognize that if you have a non-violent drug offender... [especially a kid].. the worst thing you can do is lock them up for a long period of time, without education... without any skills or training where they can get a real profession," President-elect Obama began his answer to
a question on 'drug policy' at a September election rally.
Obama candid in his response, clearly disdains drugs
(though he admitted to enjoying them in his youth), but believes that the incarceration rates reflect discrimination saying that "If we are going to have drug laws, it shouldn't matter that you are dealing in public housing or in the suburb out of your moms back yard, that has to be a basic precept."

Shortly after his tenure to the senate began in 2004, Senator Obama made a statement (which the
Washington Post re-published) in support of marijuana decriminalization, he also rebuked legalizing it; and switched positions 3 years later during a Democratic primary debate - joining the rest of his colleagues opposed to decriminalization. Elections are of course well known for their ability to inspire conformity, and while politically this was a smart move by the President-elect, it is also telling that perhaps he may not fully have an opinion on drug policies past his train of logic that: prison sentences mean you can't get a job, having no job means it is easier to turn to crime and that "at bottom or even the middle of the industry, drug dealing is a minimum wage affair," to cite from Obama's
Audacity of Hope.It is important to note that the President has considerable authority over federal drug enforcement: a 1983 Supreme Court ruling put federal drug funding discretion directly into the hands of the Executive. Therefore: while the Reagan, both Bush and the Clinton administrations appointed "drug warriors" who lead the Drug War to the "utter failure" as Obama once called,
even if more sensible voices prevail, the enforcement authority ultimately lies with the White House.
So, if Obama is loth to disclose or has yet to form a solid opinion on where drug laws should go, perhaps taking a look at a few of the people likeley to be influencing his authority over the matter will give us a sniff of what a first-term administration may bring to the table.
First, VP-elect Biden was a gung-ho drug warrior in the 1980s. Among other tidbits he was a co-sponsor of the
anti-drug abuse act of 1983 which lead to failed fumigation and interdiction policies as well as mandatory sentencing minimums, but was also landmark legislation to fight against money-laundering. In the 20 years since Biden championed drug policies, he has since reversed position on some of the minimum sentencing laws. Citing
poor information, Biden called his 1986 legislation support a mistake, making comments that seem to be along the lines of his new boss: “The past 21 years has also revealed that the dramatically harsher crack penalties have disproportionately impacted the African American community: 82% of those convicted of crack offenses in 2006 were African American."
Second, Attorney General nominee Eric Holder has advocated for sentencing minimums for simple posession. Executive Director of
NORML recently commented that [Holders]
"attraction to the myth of ‘fixing broken windows’ and using law enforcement to crack down on petty crimes will swell an already overburdened, bloated, expensive and failed government prohibition against otherwise law-abiding citizens who choose to consume cannabis." To his credit, Holder represented the NFL during its dog-fighting investigation against former Atlanta Falcon
Michael Vick.
Third, and least confirmed, is the rumored pick for Obama's "Drug Czar" (DC) spot - outgoing retiring Representative Jim Ramstad. The DC, who will run the
office on national drug control policy, has those two R words which should get him in the door as a confirmation: Republican and Recovering. According to
Politico.com, Ramstad is a recovering alcoholic - and a long time advocate of treatment for abuse. While this should point Ramstad in the right direction and give him the confirmation, according to the few articles I have read on the honorable representative, he has consistently supported federal raids on "medical marijuana clubs" and other places where the certain instances of marijuana selling is deemed legal (12 states in all). While this may change under an Obama administration that has flown towards the center, it would be nice to see Obama stick to one of his campaign promises to end such raids, saying that federal agents have better things to do like catching criminals and stopping terrorists.
The President-elect has tipped his hat at some of the policies he would prefer to see, citing the increased use of "drug courts" who assign treatment for substance abusers, signaling a relaxing minimum sentencing; and a criminal justice system that emphasizes training and literacy programs. The President-elect also discussed drug abuse as a public health problem, and would likeley support a resurgence of the 'harm reduction' debate especially concerning needle-exchange programs (
which was killed by Clinton's drug Czar). Unfortunately, if the Ramstad rumors are correct, he may be trying to convince his boss otherwise.
In Summary:
The drug reform community is going to be frustrated with this first four years. A first term President with an economic crisis and two press-level wars will be tricky enough to handle. Decrminalizing marijuana, or really, veering much from the concocted but ultimately flawed narrative of a strong drug policy office as de-facto would put newly-elected Obama at risk. President Clinton's err of 'Dont ask, dont tell' out of the gates was a slaughter - providing enough red meat to check him in 1994. Even if the
GAO gives current drug policies failure ratings, do not expect Obama to radically reform this part of his government first term.
Lets assume that Obama can keep some of these progressives happy, and does not alienate several of the blue dog Democrats and Bush-back-lash Republicans that voted for him and he is elected to a second term. Without fear of reprisal, Obama could cautiously and quietly decriminalize marijuana at the federal level - essentially telling his AG not to prosecute for non-dealing intent posession, at all - period. Moreover, President Obama could step up border-level interdiction but cut funding to DEA and DOD ineffective international drug erradication operations - a move if played right, could be shown as an anti-corruption move. These bold steps, combined with promoting research through NSF grants on addiction and drug research and a promotion of the top two or three state 'harm reduction' strategies and vet them for federal attention would be a huge step in the right direction.
Only time will tell whether Obama moves ahead with some slow and steady drug policy reformation, or we see his campaign overatures on the issues go up in smoke.