Is President Obama keeping the Sinaloa drug cartel in business?

Here’s the news from today, according to the New York Times: 1,200 members of the National Guard have been sent to the border to “combat drug smuggling.” More drug-related violence can only be dealt with through greater enforcement, goes the Bush-McCain-and-now-Obama story. We’ve got to fight the war on drugs; to fight the drug criminals; to save the people from violence.

There’s just one flaw in this story: it’s got the causality going in the wrong direction. US drug policy is the cause of the current epidemic of violence and lawlessness in northern Mexico and along the border, not the cure for it. The more resources we devote to enforcing our drug prohibition, the higher we drive prices, the bigger the incentives to smuggle drugs, the bigger the spoils for the gangs of lawless criminals to whom we redirect the unimaginable profits of several massive, centuries-old industries, and the more these gangs will be willing to fight to the death over pieces of that enormous black-market pie.

By legislating common drugs out of the legal marketplace, we are creating a black market out of thin air. It is not hyperbole to suggest that US law is not just providing a subsidy of billions to the Sinaloa cartel—our laws have actually legislated the cartel, and its rivals, into existence.

Who stands to lose the most if we legalize, tax, and regulate marijuana and cocaine, and open these industries to legitimate companies? The Sinaloa cartel. We devote $11 billion of military and law enforcement resources to eliminating their competition and maintaining their monopoly power—and thus their staggering profits. They are probably the foremost advocates of the current US drug policy. Their worst nightmare would be for the marijuana industry to turn into something like tobacco: low-margin, heavily regulated, taxed, nonviolent, unglamorous, highly competitive, unable to command a risk premium. When was the last time you heard about a tobacco gang shooting?

The effects of US drug policy have never been felt more tragically in northern Mexico, where turf wars between rival drug cartels are fought. Ciudad Juárez, where the murder of innocent civilians is as commonplace as a fender-bender, is now confronting the very real prospect of a lost generation of youth—a generation so scared to walk the streets of its own city that it grows up as if in a coma, with fear the only coherent thread of civic life. In Juárez, beheadings are barely newsworthy. Is it any wonder that some of the civilians caught in this warfare would risk their lives to cross the border into the US?

A rational humanitarian policy would contemplate welcoming residents of Ciudad Juárez into the United States as war refugees. Why don’t we do this? Maybe it’s because admitting there’s a war in Mexico might mean confronting the horrifying truth that this war is ours, our failed war on drugs, and the citizens of Juárez, these would-be refugees, are our collateral damage. Washington now seems comfortable with the idea that we own the violence in Baghdad, yet the idea that we own the violence in Juárez is still Washington taboo. We don’t even believe we’re involved.

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