The injustice of plea dealing in the age of drug prohibition
by Brian Ballard Quass, the Drug War Philosopher
March 16, 2026
I asked AI the following question this afternoon:
How many felonies were committed in 2025 and how many were drug-related?
It responded as follows:
"In 2025, there were over 1.5 million drug-related arrests in the United States, indicating a significant number of drug-related felonies. However, the total number of felonies committed in 2025 is not specified in the available data." -- Search Assist AI on Duck Duck Go Browser, question asked on March 16, 2026.
AI only cited two sources for this information -- or rather for this LACK of information -- one of which was a site for "SoCal Defense Attorney" in which a Southern California defense lawyer by the name of Tammy Higgins gives drug prohibition an enormous Mulligan by blaming all of the problems that it causes on drug crime.1
"Drug crimes hurt entire neighborhoods," tut-tuts Tammy, "not just the people involved. Families worry about their safety when drug activity increases nearby." She then goes on to lament the deteriorating property values brought about by such crime, the overwhelming of local healthcare services, the impact on local businesses and local schools, and Tammy doesn't know what-all!
[Sigh]
This is just another case of an American blaming drugs for the problems that are caused by drug prohibition itself, another case of giving drug prohibition a big fat Mulligan for the evil that it has brought to America.
By the way, I was looking up this felony stat after reading Colleen Cowles' account in "War On Us"2 of how drug criminals are subject to cruel and unusual punishment in our so-called justice system. What an eye-opener! Did you know that 97% of all criminal cases in the United States are a result of plea deals? 97%. The cases never go to trial! And this is no wonder. There are 1.4 million drug arrests every year, after all, and as Colleen writes, "If even 1/4 of these cases required prosecutors to actually spend time reviewing facts in detail or preparing for trial to prosecute those charges, the court system would implode."
And what does this mean for those arrested on drug offenses? It means that they are under great pressure to admit to charges, regardless of facts, and to forswear their rights, lest they incur long jail sentences for standing up for those rights.
"You do have the right to demand a trial," writes Colleen, assuming the voice of a deal-making prosecutor, "but did I mention that additional charges may be filed against you if you don't accept this plea agreement? Have you looked at the maximum penalty for what you're charged with? That pill in your pocket could carry seven years. If you go to trial, we'll convince that jury that you need to be behind bars for a long time. Do you really want to risk years in prison?"
We should end plea deals altogether. Let the system implode, and maybe then Americans will see the folly of outlawing our right to our own bodies and what we place therein.
But I'll leave the final word on America's plea-dealing mania to Judge William Young of the U.S. District Court of Massachusetts, whom Colleen quotes as follows from his opinion in the 2004 case of US v. Green:
"This is the essential key to an understanding of federal sentencing policy today. The [Justice] Department is so addicted to plea bargaining to leverage its law enforcement resources to an overwhelming conviction rate that the focus of our entire criminal justice system has shifted far away from trials and juries and adjudication to a massive system of sentence bargaining that is heavily rigged against the accused citizen."3
Author's Follow-up:
March 19, 2026
No wonder the "Justice" Department relies on plea deals; otherwise juries could use nullification to free those charged with mere drug possession.
Almost all addiction services assume that the goal should be to get off all drugs. That is not science, it is Christian Science.
In the board game "Sky Team," you collect "coffees" to improve your flying skills. Funny how the use of any other brain-focusing "drug" in real life is considered to be an obvious sign of impairment.
There's more than set and setting: there's fundamental beliefs about the meaning of life and about why mother nature herself is full of psychoactive substances. Tribal peoples associate some drugs with actual sentient entities -- that is far beyond "set and setting."
A Pennsylvanian politician now wants the US Army to "fight fentanyl." The guy is anthropomorphizing a damn drug! No wonder pols don't want to spend money on education, because any educated country would laugh a superstitious guy like that right out of public office.
Racist drug warriors make cities dangerous with drug prohibition -- then they use that danger as an excuse to send in the National Guard.
"Users" can be kept out of the workforce by the extrajudicial process of drug testing; they can have their baby taken from them, their house, their property -- all because they do not share the intoxiphobic attitude of America.
Drug warriors have taught us that honesty about drugs encourages drug use. Nonsense! That's just their way of suppressing free speech about drugs. Americans are not babies, they can handle the truth -- or if they cannot, they need education, not prohibition.
Clearly a millennia's worth of positive use of coca by the Peruvian Indians means nothing to the FDA. Proof must show up under a microscope.
The problem with blaming things on addiction genes is that it whitewashes the role of society and its laws. It's easy to imagine an enlightened country wherein drug availability, education and attitudes make addiction highly unlikely, addiction genes or no addiction genes.
At best, antidepressants make depression bearable. We need not settle for such drugs, especially when they are notorious for causing dependence. There are many drugs that elate and inspire. It is both cruel and criminal to outlaw them.
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