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Big Week in Washington

Summary: 
It was a really big week in Washington, DC for drug policy reform, with medical marijuana becoming legal here, with a bill to do a big review of the criminal justice system passing the House, and with some long-awaited though partial reform to the infamous crack/powder cocaine sentencing disparity passed and heading to the president's desk.

We are publishing a lot of stuff on our new web site -- read about it here -- but it was a really big week for drug policy reform in Washington, and we want to make sure that the very latest big news does not drive the really really big news too far down on the screen for people to notice. And so, a brief wrap-up of the biggest news of the week:

Location: 
Washington, DC
United States

House Passes National Criminal Justice Commission Act

Location: 
Washington, DC
United States

The US House of Representatives unanimously passed a bill, HR 5143, Monday night that would create a national commission to study the US criminal justice system and make recommendations for reform. Bulging prison populations, draconian drug war policies, and racial disparities in the criminal justice system will all be on the table for the commission.

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Bill Delahunt, championed the Webb bill in the House of Representatives
The bill was sponsored by Rep. William Delahunt (D-MA) and passed under an expedited process that assumes unanimity if no members object. None did.

The bill is a companion bill to one sponsored by Sen. Jim Webb (D-VA), who in his first term in the Senate has convened a series of forums on the state of the criminal justice system. The Webb bill has passed the Senate Judiciary Committee and is likely to see a Senate floor vote this fall.

"It is a sign of how quickly the tide has turned against punitive criminal justice policies that this bill passed without opposition," said Bill Piper, director of national affairs for the Drug Policy Alliance. "Prisons are overflowing at great taxpayer expense, in large part because of the failed war on drugs, and members of Congress are finally saying enough is enough, we need ideas for reform."

"Today's vote shows Congress is aware that our nation's criminal justice system is in need of major repair," said Julie Stewart, director of Families Against Mandatory Minimums. "With 2.3 million people in its jails and prisons, the United States has the highest incarceration in the world. One of out of 31 Americans is under some sort of correctional supervision -- jail or prison, parole or probation. Brave though we may be, we are no longer the land of the free," continued Stewart.

"The House has spoken decisively. Now it is time for Senators to act," Piper said. "Sen. Webb's and Rep. Delahunt's bipartisan commission legislation needs to be passed quickly before the war on drugs and punitive criminal justice system bankrupt our country and destroy more lives."

"We know too much about crime and rehabilitation, and about what works and what doesn't work with regard to recidivism, to continue to mindlessly sentence minor offenders to long prison sentences and inflexible mandatory minimum penalties," said Stewart. "The moral bankruptcy of such policies is now being compounded by the fiscal bankruptcy it is visiting upon the state and federal governments. We applaud the House for taking this enormous step, and we look forward to seeing this bill through until it reaches the president's desk before the 111th Congress adjourns," Stewart concluded.

If passed by the Senate and approved by the president, the legislation will create a bipartisan, blue-ribbon commission to conduct a top-to-bottom review of the entire criminal justice system and offer concrete recommendations for reform within 18 months. Like its House counterpart, the Webb bill has strong bipartisan support. Among its 37 cosponsors are Senate Judiciary Committee Chairman Sen. Patrick Leahy (D-VT), Subcommittee on Crime and Drugs Chairman Sen. Arlen Specter (D-PA), ranking minority member Sen. Lindsay Graham (R-SC), and Judiciary Committee member Sen. Orrin Hatch (D-UT).

Congress Acts to Reduce Crack/Powder Cocaine Sentencing Disparity (FEATURE)

Location: 
Washington, DC
United States

The US House of Representatives Wednesday approved a bill, SB 1789, that addresses one of the most glaring injustices of the American drug war: the 100:1 disparity in sentencing between federal crack cocaine and federal powder cocaine offenders. The bill does not eliminate the disparity, but dramatically reduces it.

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Hill briefing by Crack the Disparity, spring 2009
A companion measure passed the Senate in March. The bill now goes to the White House for President Obama's signature, which is expected shortly. The White House supported the bill.

Under federal drug laws enacted during the height of the crack hysteria of the mid-1980s, a person caught with five grams of crack cocaine faced the same mandatory minimum five-year sentence as someone caught with 500 grams of powder cocaine. And though blacks constitute only about 30% of all crack users, they accounted for more than 80% of all federal crack cocaine prosecutions.

The bill approved by Congress reduces that 100:1 ratio to 18:1. It also removes the mandatory minimum sentence for possession of five grams or less of crack, marking the first time Congress has repealed a mandatory minimum since Richard Nixon was president, although not the first time a law involving mandatory minimums has been scaled back. To the dismay of advocates, the bill is not retroactive.

Under the bill, it will take 28 grams of crack to garner a mandatory minimum five-year prison sentence and 280 grams to trigger a 10-year prison sentence. It will still take 500 grams of powder cocaine to trigger the five-year mandatory minimum. Estimates are that, once enacted, the law could affect about 3,000 cases a year, reducing sentences by an average of two years. The shorter sentences should save about $42 million in prison costs over five years.

Criminal Justice Policy Foundation head Eric Sterling has been working to reform the law for nearly two decades -- since just a few years after he helped write it as House Judiciary Committee counsel at the time. The change didn't come nearly fast enough, he said. "I'm very personally relieved," Sterling said. "My role in these tragic injustices has pained me for decades. You realize that probably hundreds of thousands of men and women went to prison for unjustly long sentences that I helped write. It's not something I've ever forgotten."

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scales of justice tilt slightly closer to sanity
He didn't think it was going to happen. "I have become so cynical," he said. "I really doubted the leadership was going to bring it to the floor, and I doubted that the Republicans were going to support it. Even though it had passed the Senate, I didn't think the House Republicans were going to go along. But I was pleasantly surprised that people like Reps. James Sensenbrenner (R-WI) and Dan Lundgren (R-CA) spoke in favor of it, and that the House majority leader went to the floor to speak in favor of it. My cynicism was completely unwarranted here, so I'm very relieved and satisfied."

"Members of both parties deserve enormous credit for moving beyond the politics of fear and simply doing the right thing," said Julie Stewart, founder and president of Families Against Mandatory Minimums (FAMM). "For those of us who have been pushing for reform for nearly 20 years, today's vote is phenomenal. To see members of Congress come together on such a historically partisan issue like this during an election year is heartening. The 100:1 disparity was an ugly stain on the criminal justice system," Stewart continued. "Nobody will mourn its passing -- least of all, the thousands of individuals and families FAMM has worked with over the past 20 years that have been directly impacted. I am hopeful that the forces of reason and compassion that carried the day today will prevail again soon to apply the new law retroactively to help those already in prison for crack cocaine offenses," Stewart concluded.

"This is a historic day, with House Republicans and Democrats in agreement that US drug laws are too harsh and must be reformed," said Jasmine Tyler, deputy director of national affairs for the Drug Policy Alliance. "The tide is clearly turning against the failed war on drugs. I'm overjoyed that thousands of people, mostly African American, will no longer be unjustly subjected to the harsh sentencing laws enacted in the 1980s," Tyler said. "The compromise is not perfect and more needs to be done, but this is a huge step forward in reforming our country's overly harsh and wasteful drug laws."

"Well, I guess there's 80% less racism, but there's still a big problem, though," said Nora Callahan, director of the November Coalition, a drug reform group that concentrates on federal drug war prisoners. "This is a fix on the back end, but as the US Sentencing Commission noted, sentencing really begins when the police start investigating. That whole drug war system of cops and snitches and prosecutors is still in place."

"Substantively, this is not a major policy change," agreed Sterling, "But symbolically, it's very important. I wouldn't have thought this would have made it to the House floor, and I wouldn't have thought this would pass by two-thirds on a recorded vote."

"This is progress, but it's not retroactive, so all the people who worked so hard to pass this bill don't get any reward," said Callahan. "When you leave out the principle of extending justice to all, it's really tough. How do you tell people sorry, we left you out of it?"

Making the law retroactive will be the next battle, but it won't be the only one. "In concrete terms, the next step will be to try to get retroactivity," said Sterling. "The other side of it is to push the president to start commuting sentences."

Medical Marijuana Now Legal in DC

Location: 
Washington, DC
United States

Medical marijuana is now legal in Washington, DC, nearly 12 years after District residents voted overwhelmingly to approve it. The DC Council in May approved legislation allowing the city to permit up to eight dispensaries, but under Home Rule laws, Congress had 30 working days in which it could overrule the District. It declined to do so.

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US Capitol
For more than a decade, the voters' decision was blocked by the Barr Amendment, authored by then Rep. Bob Barr (R-GA), which blocked the District from spending any money to implement a medical marijuana program. But after Democrats took control of both Congress and the White House in the 2008 elections, the Barr Amendment was successfully stripped from the DC appropriations bill.

"We have faced repeated attempts to re-impose the prohibition on medical marijuana in DC throughout the layover period," said Delegate Eleanor Holmes Norton. "Yet, it is DC's business alone to decide how to help patients who live in our city and suffer from chronic pain and incurable illnesses."

"After thwarting the will of District voters for more than a decade, Congress is no longer standing in the way of effective relief for DC residents who struggle with chronic ailments," said Rob Kampia, executive director of the Marijuana Policy Project. "This moment is a long overdue victory for both DC home rule and the well-being of District residents whose doctors believe medical marijuana can help ease their pain."

"DC Councilmembers and members of Congress should be commended for providing relief to cancer, HIV/AIDS and other patients who need medical marijuana," said Bill Piper, director of national affairs of the Drug Policy Alliance. "Now we need to make sure that everyone who needs the medicine gets it and that federal law enforcement doesn't undermine the process. Providing marijuana to sick patients in DC is a major step forward, but this law has some faults that will have to be fixed over time," said Piper. "By not allowing patients to grow their own medicine, the DC law leaves patients at the mercy of medical marijuana dispensaries and the US Justice Department -- who could shut down those dispensaries."

The bill allows people suffering from cancer, glaucoma, HIV/AIDS, and other chronic, debilitating ailments to use and possess marijuana with a doctor's recommendation. Patients can possess up to four ounces, but cannot grow their own, making the DC law one of the most restrictive in the country. Instead, patients will have to buy their medicine from licensed dispensaries, which either grown their own (up to 95 plants) or procure it from a licensed cultivator.

But don't expect the system to fall into place tomorrow. It is likely to be several months before the first dispensary or cultivation operation opens its doors. Mayor Adrian Fenty and the city Department of Health must now promulgate regulations for the bidding process for a dispensary or cultivation license, and once the process is completed and the permits issued, potential dispensaries will still have to undergo a zoning process in which residents could protest their locations.

Still, while it's been an awfully long time coming, the city is one step closer to actually having an operational medical marijuana program.

Congress Reduces Crack/Powder Cocaine Sentencing Disparity

More big drug policy news from Congress in this last week before the recess: The House has at long last passed legislation, already adopted by the Senate, which will reduce crack cocaine sentences

Location: 
Washington, DC
United States

Webb Criminal Justice Commission Passes House by Unanimous Consent

Big news from Washington today -- Senator Jim Webb's has just passed the US House of Representatives, by unanimous consent -- an important milestone that brings this important reevaluation of o

Call Congress Today to Tell Them to Vote YES for Crack Cocaine Sentencing Reform

Please Support S. 1789, the Fair Sentencing Act of 2010

Call Your Representative Today

 

Dear Colleagues,

 

Early next week, the House of Representatives may vote on legislation, recently passed unanimously by the Senate, to reduce the 100-to-1 sentencing disparity between crack and powder cocaine to 18-to-1. The Fair Sentencing Act of 2010, S. 1789, also would eliminate the mandatory minimum for simple possession of crack cocaine (5 years for 5 grams without intent to distribute). The U.S. Sentencing Commission estimates the changes could reduce the average crack cocaine sentence by nearly 30 months and reduce the federal prison population by 3,800 over 10 years.

NACDL has been working hard with a diverse group of allies to pass this legislation, but we need your help now. Please call your representative today to ask them to vote yes for the Fair Sentencing Act.   If you have never called your Member of Congress before, it's quick and easy. Now is the time to make your voice heard.

Please Take Action by clicking the link and/or entering your zip code to contact your U.S. House of Representatives. Suggested talking points are provided once you follow the instructions and links.

 

Thank you for taking a few moments to help pass this long overdue, historic legislation.

 

Kyle O'Dowd

Associate Executive Director for Policy 

Capitol Hill Hearing -- Quitting Hard Habits: Efforts to Expand and Improve Alternatives to Incarceration for Drug-Involved Offenders

The Domestic Policy Subcommittee of the House of Representative's Committee on Oversight and Government Reform is holding this hearing to focus on front-end alternatives to incarceration for drug-invo
Date: 
Thu, 07/22/2010 - 2:00pm - 5:00pm
Location: 
Independence Avenue and South Capitol Street
Washington, DC 20003
United States

Press Release: Hearing to Assess Alternatives to Incarceration For Drug-Involved Offenders

For Immediate Release Contact: Nathan White, (202) 225-5871 Oversight Hearing to Assess Alternatives to Incarceration For Drug-Involved Offenders Washington D.C. – Chairman Dennis Kucinich (D-OH) today announced a Domestic Policy Subcommittee hearing entitled “Quitting Hard Habits: Efforts to Expand and Improve Alternatives to Incarceration for Drug-Involved Offenders.” The hearing will be held at 2:00 p.m. on Thursday, July 22, 2010 in room 2154 Rayburn House Office Building. The purpose of the hearing is to focus on front-end alternatives to incarceration for drug-involved offenders and abusers of illegal drugs. It will examine the extent to which and why (or why not) these efforts have been effective in reducing the levels and associated harms of incarceration, reducing recidivism, effectively treating drug abuse, and improving other social outcomes and which approaches (or mix approaches) are best suited to accomplishing these goals. This hearing is held as part of the Domestic Policy Subcommittee’s mandate as the authorizing committee for the Office of National Drug Control Policy in the House of Representatives. http://oversight.house.gov/index.php?option=com_jcalpro&Itemid=1&extmode... ###
Location: 
Washington, DC
United States

Plan Colombia: Ten Years Later

The United States has been trying to suppress Colombian coca production and cocaine trafficking since at least the time of Ronald Reagan, but the contemporary phase of US intervention in Colombia in the name of the war on drugs celebrated its 10th anniversary this week. As Washington Office on Latin America (WOLA) security analyst Adam Isaacson pointed out Wednesday in a cogent essay, "Colombia: Don't Call It A Model," it was on July 13, 2000, that President Bill Clinton signed into law a $1.3 billion package of mainly military assistance known as Plan Colombia.

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Plan Colombia coca eradication scene
Plan Colombia was supposed to cut Colombian cocaine production in half by mid-decade, and while total US expenditures on it have now risen to $7.3 billion, that goal was clearly not met. But, a decade down the road, there has been some "progress." The leftist peasant guerrillas of the FARC have been seriously weakened and are operating at half the strength they were 10 years ago. Violence has steadily decreased, as has criminality. The Colombian state has been strengthened -- especially its military, which has nearly doubled in size.

Still, as Isaacson notes, those gains have come at a tremendous cost. Thousands have been killed at the hands of rightist paramilitary groups aligned with powerful landowners and political elites, and while those paramilitaries officially disbanded several years ago, they appear to be reconstituting themselves. The seemingly endless "parapolitics" scandals linking the paramilitaries to high government actors demonstrate that the price of "progress" in Colombia has been corruption, impunity and human rights abuses.

And the war continues, albeit at a lower level. Some 21,000 fighters from all sides and an estimated 14,000 civilians died in the fighting this decade, and all the while, peasants were planting and harvesting coca crops, and traffickers were turning it into cocaine and exporting it to the insatiable North American and, increasingly, European markets.

While Colombian and US policy-makers have hailed Plan Colombia as a "success," neither Isaacson nor other analysts who spoke to the Chronicle this week were willing to make such unvarnished claims. "'Success' has come at a high cost," wrote Isaacson. "Colombia's security gains are partial, possibly reversible, and weighed down by 'collateral damage,'" including mass killings, other human rights abuses, and the weakening of democratic institutions."

"Success has eluded efforts to achieve Plan Colombia's main goal: reducing Colombian cocaine supplies," wrote Isaacson. Despite years of aerial eradication, coca remains stubbornly entrenched in the Colombian countryside, showing a significant decline only last year, after Colombia switched its eradication emphasis from spraying to manual eradication. "This strategic shift appears to be reducing coca cultivation, for now at least. In 2009 -- a year in which both aerial and manual eradication dropped sharply -- the UNODC found a significant drop in Colombian coca-growing, to 68,000 hectares."

But, as Isaacson and others note, that decline has been offset by increases in cultivation in Peru and Bolivia. In fact, total coca cultivation in the region has remained remarkably consistent since 2003, at about 150,000 hectares per year.

"If you look at it from point of aiding the Colombian government to fight against the FARC and other insurgents, it has worked," said Juan Carlos Hidalgo, Latin American analyst for the libertarian-leaning Cato Institute. "A decade ago, Colombia was close to being a failed state, with the FARC controlling large swathes of territory and threatening major cities. Today they are terribly weak and on the run, and much of their leadership has been killed," he noted.

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coca seedlings
"Due to the widespread use of helicopters and the fact that guerrillas don't have that kind of mobility, the Colombians and Americans have been successful in shrinking the area of operation available to the guerrillas, and that has hurt the guerrillas' ability to recruit," said Larry Birns, director of the Council on Hemispheric Affairs. "A few years ago, there were maybe 16,000 FARC operating in six or seven major theaters, and now it's about half that. But that doesn't necessarily mean the FARC is finished; we haven't seen any sign of that. Their options are fewer, but they are far from disappeared. Plan Colombia has been successful in empowering the Colombian military, but not so much in solving the problem of the FARC insurrection."

"On the military side, the counterinsurgency, there has been definite progress," agreed Vanda Felbab-Brown, a drugs and counterinsurgency expert at the Brookings Institution. "The situation in the late 1990s was very bad. The FARC was in the hills above Bogotá, and the paramilitaries were highly organized. Today, the FARC is much weaker, land travel is more possible, and other security indicators also show progress. That said, the FARC is still around in substantial numbers and can jeopardize security and economic development in particular areas. And the paramilitaries are back, even if the Colombian government insists they are not the paramilitaries. They are, for all intents and purposes, just like the paramilitaries of the 1980s and 1990s."

"The idea was that if they suppressed the coca, the capabilities of the FARC, the ELN, and the paramilitaries would be substantially weakened," said Felbab-Brown. "They said that if you eliminated coca in Colombia, the conflict would end, but I don't think you can bankrupt the belligerents through eradication. That didn't pan out. In some places, the government was able to diminish at least temporarily economic flows to particular elements of the FARC, but that was the result of military operations, not eradication," she argued.

"A lot of people say the FARC have lost their political agenda, that they are just traffickers, but I don't subscribe to that view," said Felbab-Brown. "If someone wants to conduct a rebellion, they have to have a way to finance it. I don't think the FARC is any different. One of the big accomplishments of the US and the Colombian military was taking out a lot of top FARC leaders," she continued. "Their current leaders have been out in the jungle so long, they suffer from a lack of intellectual imagination. But the FARC are peasant guerrillas, with a few intellectuals and students, and they were never strong ideologically. There is no equivalent of Comrade Gonzalo [of Peru's Shining Path] or Mullah Omar or Bin Laden for the FARC. And I think they've run out of ideas. Times have changed, and the ideological story they want to tell the world and their members is crumbling, but it's not the case they are just interested in money. They still want power, they still believe in narratives of war and conquest, but they don't have anything to frame it with anymore."

"They are about more than just criminality," agreed Isaacson. "They're raising drug money to buy guns and those guns are for something. While their ideology may be pretty stunted at this point, they are driven by a desire to take power -- unlike, say, the Sinaloa cartel, which is driven by a desire to sell drugs. They hate Colombia's political class, and they represent that small percentage of peasants on the fringe. Those boomtowns on the frontier, that's where the FARC's base is. Wherever there is no government and people are on their own, the FARC claims to protect them. They are not bandits -- they are more dangerous than bandits."

The paramilitaries continue to wreak havoc, too, said Felbab-Brown. "They assassinate community leaders and human rights organizers," she said. "In some areas, they collude with the FARC; in others, they fight the FARC over cocaine routes and access to coca production. They are still a real menace, and it is very discouraging that they have come back so quickly. That shows the failure of the Colombian government to address the real underlying causes of the problems."

That has been a serious flaw from the beginning, the Brookings Institution analyst said. "At first Plan Colombia was aimed at root causes of conflict and coca production, but that was dropped, and in the Bush administration it morphed into a counternarcotics and counterinsurgency project. Economic development was a minor component of the plan, and the US never tried to pressure Uribe to take on economic redistribution and the distribution of political power, nor has the US been very vocal about human rights and civil liberties issues."

"When Plan Colombia was first conceived, it was primarily a domestic program aimed at drawing in the Colombian population, which at that time had become totally disaffected from the state," recalled Birns. "It was to emphasize economic development, nutrition, and education. It was the Clinton administration that militarized Plan Colombia and made it into a security doctrine rather than an economic development formula."

That only deepened in the wake of 9/11, said Birns. "Increasingly, Plan Colombia morphed first into a counternarcotics program than again into an anti-terrorist vehicle. The US began to define the FARC, which never had any international aspect, as terrorists. It was a convenience for the US policy of intervention to emphasize the terrorism aspect."

But at root, Plan Colombia was first and foremost about reducing Colombian coca and cocaine production. "It wasn't sold here in the US as a counterinsurgency effort, but as an effort to reduce the supply of cocaine to the US market," Cato's Hidalgo pointed out. "If you look at the acreage of coca planted in Colombia, it has decreased, but the production of coca remains the same, and coca production is increasingly dramatically in Peru and Bolivia. Once again, we see the balloon effect at work."

"As the reduction took place in Colombia, it simply moved back to Peru, whence it originally came," concurred COHA's Birns. "Peruvian cocaine production is now half the regional total, so total cocaine production remains essentially the same, even though there has been a reduction in the role Colombia plays."

"One of the best measures to see if the supply of cocaine has decreased is to look at price, but what that tells us is that cocaine was 23% cheaper in 2007 than it was in 1998 when Plan Colombia was launched," said Hidalgo. "It is clear that Plan Colombia has failed in its main goal, which was to reduce the supply of cocaine to the US market."

"We've tried everything," said Hidalgo. "Aggressive aerial spraying of fields, manual eradication, as well as softer measures to entice producers to adopt other crops, and it's all failed. As long as the price of cocaine remains inflated by prohibition, there is big profit and a big incentive for producers and traffickers to grow the plant and export the product to the US and elsewhere. The only way to curtail this is by legalizing cocaine. Other than that, I don't see this as a battle that can be won."

Felbab-Brown called the coca and cocaine production estimates "extraordinarily squishy," but added it was clear that Plan Colombia had failed to achieve its goals there. "The plan was supposed to halve production in six years, and that clearly was not accomplished," she said. "It would be false to deny there has been some progress, but it has not been sufficient. I think it was bound not to work because it was so heavily focused on eradication in the context of violence and underemphasized the need for economic programs to address why people cultivate coca. And the larger reality is even if you succeeded in Colombia, production would have moved elsewhere."

Counternarcotics cannot solve Colombia's problems, said Felbab-Brown, because coca is not at the root of those problems. "There is only so much that counternarcotics programs can do given the basic economic and political situation in Colombia," said Felbab-Brown. "You have a set-up where labor is heavily taxed and capital and land are lightly taxed, so even when you get economic growth, it doesn't generate jobs, it only concentrates money in the hands of the rich. The Colombian government has been unwilling to address these issues, and inequality continues to grow. You can only do so much if you can't generate legal jobs. You have to take on entrenched elites, the bases of political power in Colombia, and Uribe's people are not interested in doing that."

But Uribe will be gone next month, replaced by his elected successor, Juan Manuel Santos. That could mean change, said Isaacson. "He's not as ideologically to the right as Uribe, some of his appointments indicate people who actually have an interest in governance, and he is the principle author of the program they're carrying out in the countryside to get the state and not just the military out there," he said. "He could also be more open to the idea of peace negotiations than Uribe was."

That may or may not be the case, but Plan Colombia under whatever president is not going to solve Colombia's drug problem -- nor America's, said Isaacson. "At home, we need to reduce demand through treatment and other options," he said. "In Colombia, as long as you have parts of the country ungoverned and as long as members of the government have nothing to fear if they abuse the population, there will always be drugs. Colombia needs to build the state and do it without impunity. We built up the Colombian military, but there was no money for teachers, doctors, or any public good besides security."

Ten years ago this week, President Bill Clinton signed off on the first $1.3 billion installment of Plan Colombia. A decade later, how is that working out? We ask the experts.

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