Cops Against the Drug War

They were two white guys cruising through the black part of Patterson, N.J., back in the 1970s. One was an undercover police officer named Jack Cole, the other an informant known as Fast Eddy. Posing as heroin buyers, they ran into trouble with three thugs who tried to rip them off and who slashed Fast Eddy's hand with a knife before being chased off.

Luckily, Cole recalls, a Good Samaritan came out into the road. He was a young black man who was going to college to get out of the ghetto. He said he didn't approve of drugs but felt bad about the white guys getting roughed up in the neighborhood. He went into his house to get bandages for Fast Eddy and then, since Cole continued to pretend like he needed a fix, brought them to a supplier who wouldn't take advantage of them.

Back at the precinct, Cole felt he had no choice but to include the Good Samaritan's name in his report. The Good Samaritan was duly charged with conspiracy to distribute heroin, a charge that carried the same penalty as distribution: up to seven years in jail. Cole was at the station when the Good Samaritan was brought in. He looked Cole in the eye and said, "Man, I was trying to be your friend."

"So yeah, that got to me," Cole says now, his voice seeming to break and going quiet. Speaking by phone from his current home of Boston, the 64-year-old Cole is explaining why he ultimately turned against the war on drugs. He says he came to realize that he liked many of the people he was turning inliked them better than some of the people he was working forand that his betrayal of them, rather than drugs, was what destroyed their lives. "You can get over an addiction, but you can never get over a conviction," he likes to say.

Now retired after a 26-year career with the New Jersey State Police, Cole is leading a new group of current and former law-enforcement officials who are similarly disillusioned with the war on drugs. Called Law Enforcement Against Prohibition, or LEAP, this nationwide organization takes as its premise that the war on drugs is, as Cole puts it, "a total and abject failure."

"After three decades of fueling the U.S. war on drugs with half a trillion tax dollars and increasingly punitive policies, illicit drugs are easier to get, cheaper, and more potent than they were 30 years ago," reads a LEAP statement (see www.leap.cc/about/index.htm). More heretical still, considering the source, the group advocates legalization of all drugs. That, it says, is the only way drugs can really become "controlled substances," subject to the kind of age and safety regulations that are imposed on alcohol and tobacco.

Cole, its executive director, is in Seattle this week to speak at Hempfest and to various service clubs, his typical audience. He says the year-old LEAP has between 400 and 500 members, including several based in the Seattle area. Modeled on Vietnam Veterans Against the War, with what it hopes is the same kind of credibility, the group includes not just police officers but judges, federal agents, and prosecutors and parole, probation, and corrections officers. Because of the possible professional sanctions posed by coming out against the drug war, LEAP takes care to say that membership can be kept confidential.

THE EMERGENCE OF LEAP seems like confirmation of a profound cultural shift away from the zero-tolerance, throw-the-book-at-them drug policy that has long been at the center of our criminal justice system. Roger Goodman, director of a long-running project studying drug policy spearheaded by the King County Bar Association, puts it this way: "The news story is not that the war on drugs has failed, it's who's saying it now." When cops are joining in, you know that the movement for drug-law reform is becoming mainstream. Says Goodman, "It's not like it's a front for fringy, pony-tailed pot smokers."

That mainstreaming has been particularly evident in Washington. The bar association's project, done in conjunction with other professional organizations including the state medical and pharmaceutical associations, has generated a huge amount of involvement and served as a model for similar studies around the country. It issued a report in 2001 that portrayed the war on drugs as misguidedsaying we need to shift from a focus on criminal justice to one on public healthand is now discussing how to do that. With the bar behind it, the state Legislature last year shortened prison terms for drug users and low- level dealers and prescribed mandatory treatment for them. Testifying in favor of the reform was King County Prosecutor Norm Maleng, a Republican.

Cole is a particularly persuasive spokesperson. He worked in narcotics enforcement for 14 of his 26 years on the force. While he rose to a level that enabled him to direct a three-year investigation of a Colombia cocaine-trafficking ring, his revelations about his work on the street are the most damning. Joining the drug war at its inception in the early '70s, Cole says his bosses were clear about how they wanted cops to generate the arrests that would justify massive new funding in law enforcement: "lie a lot."