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The Tenuous Future of the Merida Initiative by William McNamara American University Politics Policy and Law Scholars Program DOOMED TO FAIL

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The  Tenuous  Future  of  the  Merida  Initiative    by  William  McNamara  

A m e r i c a n   U n i v e r s i t y   P o l i t i c s   P o l i c y   a n d   L a w   S c h o l a r s   P r o g r a m  

 

DOOMED  TO  FAIL  

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ABSTRACT

The Merida Initiative is a joint cooperation between the governments of the

United States and Mexico to combat rising drug violence at the U.S.-Mexico Border.

Launched in 2007, the U.S. State Department has since spent 2 Billion Dollars on Merida

and its partner programs, with little to show for it. Violent crime rates continue to rise in

Mexico, and no substantive effect has been observed on drug abuse in the United States.

By all measurable statistics, the Merida Initiative would seem to be a failure. But drug

policy experts at the University of San Diego and at the Woodrow Wilson Institute

suggest that those measures won’t change in the short term until we fix the long-term

problems inherent in Mexico’s justice system.

Mexicans face a very serious lack of faith in their justice system, and so very little

is facilitated at the state and local levels to combat the powerful drug cartels. Corrupt

officials also inhibit the ability of the Merida Initiative to have a substantial effect on

communities most at risk. Because of these deeper problems, the Merida Initiative is in

many ways doomed to fail. But it can be salvaged. President Obama has moved much of

Merida’s funding out of International Narcotics Control and Law Enforcement and into

the Economic Support Fund, which focuses more on community building and justice

reform. While this has not produced results in the short terms that would satisfy critics in

Congress, it is a strategy that could solve many of Mexico’s problems in the long run.

The best strategy that the State Department can take moving forward would be to

integrate enforcement and support strategies to neutralize both the drug cartels and the

capacity that they have to operate in Mexican power vacuums.

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INTRODUCTION

In 1971, Richard Nixon gave a famous press conference in which he declared that

drug abuse was “public enemy number one” in the United States1. In the 45 years since

then, the United States has conducted the broadest most expensive anti-drug campaign in

the history of the world, with recent price tags surpassing 1 trillion dollars2. The

campaign began focused on domestic supply and demand, but in the last decade has

shifted to a focus on international drug suppliers, particularly the Mexican Drug Cartels

operating on the U.S.-Mexico border.

In the last few decades, Mexico has become a major drug producing and transit

country (Figure 1). This presents any number of global security concerns particularly for

the nearby countries most directly affected. Mexico is the main foreign supplier of drugs

to the United States. It transits most of the marijuana and cocaine entering the United

States, as well as a significant percentage of the methamphetamines and heroin3. In

2008, the National Drug Intelligence Center reported that Mexican drug trafficking

organizations are the "greatest organized crime threat" to the United States today, due to

the increased distribution and transportation networks Mexican cartels have put in place

to meet US need.4

                                                                                                               1 Richard Nixon: "Special Message to the Congress on Drug Abuse Prevention and 2 Branson, Richard. "War on Drugs a Trillion-dollar Failure." CNN. Cable News Network, n.d. Web. 25 Apr. 2016. 3 Cook, Colleen W., ed. "Mexico's Drug Cartels". CRS Report for Congress. LIBRARY OF CONGRESS WASHINGTON DC CONGRESSIONAL RESEARCH SERVICE. 2007. p. 2. Retrieved 2016-03-12. 4 ibid.

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Any domestic drug control initiative in the United States must have an

international focus on the production and trafficking of drugs at the U.S.-Mexico border.

However early attempts to suppress the drug trade were met with increasing violence

from paramilitary drug cartels, most notably the Sinaloa Drug Cartel. Targeting the

organizational capacity of these drug cartels is a strategic necessity to reduce drug abuse

in the United States.

“The Influence of Mexican DTOs over domestic drug trafficking is unrivaled…Mexican DTOs control drug distribution in the most U.S. cities, and they are gaining strength in markets they do not yet control.” –U.S. National Drug Intelligence Center

After the inauguration of Mexican President Felipe Calderón in 2006, and his

subsequent pledge to battle corruption and drug trafficking, drug violence surged in areas

dominated by the most prominent drug organizations. The death toll rose as these groups

fought each other and the Mexican government for coveted control of lucrative drug

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Figure 1: Drug Seizures at Southwest Border

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routes. According to recent studies, income inequality, political instability and crime have

all contributed to the increases in violence, but the major factor is the drug trade. This

violence resulted in more than 60,000 deaths in Mexico during the Felipe Calderón

Administration (December 2006-November 2012). Another 35,000 organized crime-

related deaths have occurred since the start of the Enrique Peña Nieto Administration.5

In October 2007, the United States and Mexico launched the Merida Initiative, a

$1.4 billion State Department program for US assistance in Mexico and Central

America's drug war for FY 2008-FY 2010.6 This marked a shift in US foreign drug

policy, as until this time Colombia had been the main recipient of US aid, not Mexico.

                                                                                                               5 This figure is an estimate; full-year estimates of organized-crime related killings in 2015 are not yet available. Kimberley Heinle, Cory Molzahn, and David A. Shirk, Drug Violence in Mexico: Data and Analysis Through 2014, Trans-Border Institute (TBI), April 2015. Eduardo Guerrero Gutierrez, Nexos, February 1, 2015. 6 Cook, Colleen W., and Claire Ribando Seelke. 2008. "Merida Initiative: Proposed U.S. Anti-crime and Counterdrug Assistance for Mexico and Central America." Congressional Research Services. RS22837. http://fpc.state.gov/documents/organization/103694.pdf

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Source: INEGI Authors' calculations based on INEGI homocide data and CONAPO's 2010 population estimates for all years.

Figure 2: Homocide Rate in Mexico (1995-2013)

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According to the US Department of State, Colombia received $600 million for FY 2006,

while Mexico received approximately $40 million.7

Those numbers would drastically change as a result of the Merida Initiative. In the

first couple of years, close to $1 Billion was appropriated by Congress to foreign aid

accounts8. In recent years, while President Obama has been scaling back Merida funds,

foreign aid to Mexico has far exceeded other countries its size9.

As the US enters its tenth year of Merida Initiative implementation, it is important

to assess whether or not it has been a successful policy. The intention of the United States

and Mexico was to reduce the drug trafficking problem, cartel influence, and associated

violence and corruption, while restoring order to much of Mexico through

implementation of the initiative. This paper will address the viability of the Merida

Initiative as an effective policy for reducing continued drug-related violence and

homicide in Mexico.

                                                                                                               7 Grayson, George W. 2010. Mexico: Narco-violence and a failed state? New Brunswick, N.J.: Transaction Publishers. 8 "The Merida Initiative Fact Sheet." 2009. U.S. Department of State, Bureau of International Narcotics and Law Enforcement Affairs. Retrieved from http://www.state. gov/p/ini/ris/fs/122397.html 9 ibid.

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POLICY HISTORY

As with any well-funded government program, there exists a substantial amount

of research on the Mérida Initiative. To effectively answer my research question, we must

understand what the goals of the initiative were, then investigate whether or not they have

been achieved. We will be looking at the evaluative framework that Merida sets up for

itself as well as scholarly articles identifying key societal measures that would indicate

success for the Merida Initiative.

The Merida Initiative was intensely debated in Congress; lawmakers were hesitant

to pass an aid proposal in light of the Mexican history of government corruption.

Proponents of the initiative stressed that equipment and training, rather than direct cash

transfers, would be offered to Mexico in an effort to curtail potential corruption.10 The

goal of the proposal was to maximize the effectiveness of already existing programs to

curb drug, human, and weapons trafficking through four different types of funding:

counternarcotics/counterterrorism/border security; public security/ law enforcement;

institution building; and rule of law and program support. At its inception, the main

objectives of the Merida Initiative were to:

1) Break the power and impunity of criminal organizations; 2) Strengthen border, air and maritime controls; 3) Improve the capacity of justice systems in the region; and 4) Curtail gang activity and diminish local drug demand.11

                                                                                                               10 ibid. 11 Seelke, Clare R. 2010. "Merida Initiative for Mexico and Central America: Funding and Policy Issues." Library of Congress, Congressional Research Services R40135.

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These components did not receive equal funding. In fact, at the launch of the

program the first pillar received vastly more funding than any of the others, as anti-cartel

efforts were considered more important than any society-building (Figure 3a). The

comparative allocation of the funds has been the strategic prerogative of the executive

since the beginning of the initiative. And depending on the President the strategy has

changed. Whereas President Bush heavily favored counter-narcotics and border security,

President Obama has been moving closer toward community and institution building.

Figure 3: Merida Funding Request by Program Components

(U.S. $ in Millions) Type of Funding FY2008

(Mexico) FY2008 (Central America)

FY2009 (Mexico)

FY2009 (Central America)

Counternarcotics, Counterterrorism, and Border Security

306.3 16.6 238.3 40.0

Public Security and Law Enforcement

56.1 25.7 158.5 32.0

Institution Building and Rule of law

100.6 7.7 30.7 23.0

Program Support 37.0 N/A 22.5 5.0 Total 500.0 50.0 450.0 100.0 Sources: U.S. Department of State, Congressional Budget Justification for Foreign Operations, FY 2009.

The process of procuring funding from Congress for the first year of the program

was ultimately easier than service delivery itself. Since the initiative stipulated no cash

transfers or money disbursement to the recipient countries, it fell to the State Department

and other government agencies to facilitate service delivery through new and existing

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programs in Mexico. The State Department funds relief to Mexico through 7 different

accounts (Figure 3a). The two most important accounts are International Narcotics

Control and Law Enforcement (INCLE) and the Economic Support Fund (ESF). Through

INCLE, the State Department subsidizes equipment for law enforcement and private

defense contractors to combat the trafficking of narcotics into the United States12. The

Economic Support Fund is more directed at institution building, funding education,

welfare, and systems of employment throughout Mexico as alternatives to violence13.

Figure 3a: U.S. Assistance to Mexico by Account, FY2011-FY2017 (U.S. $ Millions)

Account FY11 FY12 FY13 FY14 FY15 FY16(R) FY16(P) FY17(R) INCLE 117.0 248.5 195.1 148.1 110.0 80.0 100.0 80.0 ESF 18.0 33.3 32.1 46.8 46.1 39.0 39.0 49.0 FMF 8.0 7.0 6.6 6.6 4.7 7.0 7.0 3.0 IMET 1.0 1.0 1.2 1.2 1.5 1.5 1.5 1.5 NADR 5.7 5.4 3.8 3.8 2.9 0.0 N/A N/A GHCS 3.5 1.0 0.0. 0.0 0.0 0.0 0.0 0.0 DA 25.0 33.4 26.2 0.0 0.0 12.5 0.0 0.0 TOTAL 178.2 329.6 265 206.8 165.2 140.0 147.5 133.5 Sources: U.S. Department of State, Congressional Budget Justification for Foreign Operations FY 2010-FY2016. Notes: R = Requested; P = Projected; GHCS = Global Health and Child Survival; DA = Development Assistance; ESF = Economic Support Fund; FMF = Foreign Military Financing; IMET = International Military Education and Training; INCLE = International Narcotics Control and Law Enforcement; NADR = Non-proliferation, Anti-terrorism and Related Programs.

In 2010, the Government Accountability Office launched a review of the Merida

Initiative to ensure funds were being dispersed as they should be. The report concluded

                                                                                                               12 "Bureau of International Narcotics and Law Enforcement Affairs (INL)." U.S. Department of State. U.S. Department of State. Web. 26 Apr. 2016. 13 “Economic Support Fund”. Relief Programs. State Department. Web. 26 Apr. 2016.

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that 46% of Merida funds had been obligated and around 9% had been expended14. The

U.S. Government delivered the major equipment outlined in the initiative, including 5

bell helicopters, X-Ray inspection devices, law-enforcement canines, and training for

more than 4,000 police officers to the Mexican Government.

But while those were the positive evaluations, the review similarly found that the

Merida Initiative’s staff was far too small to administer programs an ensure efficient

implementation, and according to the GAO this was a very big problem. Since the release

of the GAO Report, the Merida Initiative has been better about staffing and delivery.

The report spoke differently of the strategy of the Merida Initiative. It cited a lack

of strategic documents to ensure accountability and success. Performance measures were

not built into the program documents or implementation plan. Timelines to gauge success

were missing, and little training was available to what little staff they had. The GAO

recommended that outcome performance measures and indicators be established to assess

the success of the initiative and deliver a more efficient policy strategy. After initial

arguments by the Department of State regarding the GAO’s heavy use of “expended

funds” as the primary measure of performance, it agreed with the recommendations put

forth by the GAO.15

Beyond issues of policy implementation, there remained the question of the

Merida Initiative's effectiveness as a drug control policy. The Merida Initiative was at its

                                                                                                               14  "Merida Initiative the United States Has Provided Counternarcotics and Anti-crime Support But Needs Better Performance Measures." 2010. Government Accountability Office. GAO-10-837. Retrieved from http://www.gao.gov/new.items/dl0837.pdf  15 ibid.

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conception heavily based on Plan Columbia, and was described as the answer to the

rising international drug problem that seemed to have been eliminated in Columbia.

Unfortunately, the GAO also released a report in 2008 claiming that Plan Columbia

wasn’t as much a success as everyone thought, though it was definitely successful as a

security program in Columbia. The goal of Plan Colombia was to reduce drug cultivation,

processing and distribution by fifty percent between FY 2000 and FY 2006. By 2006,

heroine production had been reduced by 15 percent, but coca cultivation had increased by

fifteen percent and distribution had increased by four percent.16 The funding emphasis of

Plan Colombia was on military aid with $4.9 billion allocated to military assistance and

only $1.3 billion for justice, social and economic programs that included alternative

development programs for displaced drug workers.17 The GAO ultimately recommended

a more integrated approach for the plan's programs to facilitate a more seamless transition

to Colombian control.

Additionally, as in the case of the Merida report, it recommended tangible

performance measures of the program to ensure satisfactory outcomes and self-sustaining

alternative development programs. The GAO emphasized a report issued by the US

Embassy in Bogota, which warned that any program gains would be temporary until a

stable government not prone to manipulation could be established. The Obama

Administration took this warning to heart, and proposed a shift in Merida strategy.

Since 2012 we’ve been seeing a rollback in Merida funding. This is less a result

of any policy failures, and more a paradigm shift to a strategy that does not require as

                                                                                                               16 ibid. 17 ibid.

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many resources. The Obama Administration has been moving more into the Economic

Support Fund, and subtracting heavily from International Narcotics Control and Law

Enforcement (Figure 4). The shift has been well received by legislators who want to cut

out what they see as wasteful spending and has also garnered the support of drug policy

experts.

Congress provided $139 million in Mérida Initiative accounts in the FY2016

Consolidated Appropriations bill (P.L. 114-113) and is now considering the Obama

Administration’s FY2017 budget request of $129 million for the Mérida Initiative.

Congress may analyze how progress under the Mérida Initiative is being measured; how

U.S. funds have been used to advance Mexico’s police and judicial reform efforts; and

the degree to which U.S. programs in Mexico complement other U.S. counterdrug and

border security efforts.

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Figure 4b: U.S. Assistance to Mexico, FY2011-FY2015

(U.S. $ Millions)

Non-Merida

ESF

INCLE

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The Merida Initiative has followed a trajectory similar to that of Plan Colombia

during its short duration, as its initial funding was focused on military aid. But it will be

necessary to set up a stable justice structure to ensure peace in the long term. This is why

the institution building is just as important as the counter-narcotics and why this

methodology will incorporate aspects of both in its framework. Looking at both key

indicators and broader societal measures of success, we will contribute a more holistic

analysis of Merida’s success than can be offered in the 2008 GAO Report.

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LITERATURE REVIEW

The ideology underlying the Merida Initiative has been questioned. While on

paper, the Merida Initiative appeared quite clear in its intentions, according to Diana

Villiers Negroponte, the allocation of Merida Initiative funds suggested that the principal

interest of the United States was in counter-narcotics and counterterrorism.18 Villiers

Negroponte questions the way in which the Merida Initiative addressed the more

contemporary issues of organized crime and cartels prevalent in Mexico.

Villiers Negroponte did, however, applaud the Merida Initiative drafters'

recognition of the need for the use of more advanced technology in judicial and police

situations and the need for a grassroots approach to program implementation, because a

top-down approach can be alienating, not unlike the gang mentality to which many

people are accustomed.19

But this may be a part of the problem, John Bailey of the Center for U.S.-Mexican

Studies considers the Mérida Initiative to be failing as a result of greater corruption in

local governments20. “Mexico’s federal system is undergoing a rapid decentralization,

which has strengthened the 32 state governors and complicated policy coordination

                                                                                                               18 Villiers Negroponte, Diana. 2009. "The Merida Initiative and Central America: The Challenges of Containing Public Insecurity and Criminal Violence." Foreign Policy at Brookings: 3. Retrieved from http://www.brookings.edu/papers/2009/05_merida_ initiative 19 ibid. 20 ibid.

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generally.”21 Certainly Mérida would be doomed to fail right out of the gate if it’s two

partners can’t effectively coordinate its implementation.

President Obama’s judicial reform funds may be coming too-little-too-late in

Olson’s view. Olson argues that a “lack of coordination and political infighting between

political parties, political leaders, and government agencies has crippled Mexican anti-

crime efforts.”22 He adds too that the extra funding from the Mérida Initiative only serves

to “reinforce the shortcomings of Mexico’s efforts by underfunding judicial reform while

prioritizing the ‘presence and patrol’ strategy used thus far by the military and law

enforcement agencies.”23

George Grayson discusses this corruption in a scientific frame, looking at how

mounting drug violence, cartel power, and local corruption may prove to be too great an

obstacle for U.S. anti-drug efforts.24 In order for Mexico not to become a "failed state" as

Grayson suggests is possible, Calderon must take control of Mexico back from the drug

cartels through several strategies implemented concurrently. He recommends continuing

the war on drugs while exploring other alternatives, such as legalizing certain drugs in a

tradeoff for halted drug-related violence in a type of modus vivendi. At the same time, he

calls for focus on the demand side, through increased education and treatment in the

United States and Mexico. Grayson suggests that the possibility of decriminalization of

                                                                                                               21 ibid. 22 ibid. 23 ibid. 24 Grayson, George W. 2010. Mexico: Narco-violence and a failed state? New Brunswick, N.J.: Transaction Publishers.

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certain narcotics - such as marijuana- in the US could help lessen demand from Mexico

and has stated that, “the least bad policy is to legalize drugs.”25

Thomas Cole similarly argues that the killings in Mexico and movements in the

US market for drugs are correlated.26 Drug policy analyst Mark Kleiman agrees that

Mexico's position as the primary transit point for illegal drugs entering the United States

is directly linked to US demand. If demand rises, drug violence will rise as well. Kleiman

notes that the heaviest drug users are responsible for the largest portion of demand and

says that, "taking away the drug dealers' best customers will reduce their earnings."27

Effective intervention targeted at these drug users is necessary to affect the illegal drug

economy. The prevention of future substance abuse could also help shrink the illicit drug

market, thereby reducing the stakes for DTO profits that motivates violence.28 Another

option to consider is the legalization of certain drugs, something that has been advocated

for by the United Nation's Committee for Crime and Drugs and many political leaders.

Much of Mexico's violence is due to the use of automatic weapons, most of which

come from the United States. Heavily armed cartels wage wars against one another with

catastrophic results, not only killing each another, but more often than not murdering

innocent bystanders. To eradicate illegal weapons transfers, Villiers Negroponte asserts

that a two-pronged assault is necessary.29 Not only is it necessary to curtail "downstream"

                                                                                                               25 "How to Stop the Drug War." 2009. Tlie Economist, March 5. 26 Cole, Thomas B. 2009. "Mexican Drug Violence Intertwined With US Demand for Illegal Drugs." JAMA : the Journal of the American Medical Association. 302 (5): 482. 27 ibid. 28 ibid. 29 Villiers Negroponte, "The Merida Initiative and Central America: The Challenges of Containing Public Insecurity and Criminal Violence."

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sales to criminal organizations, but to successfully reduce weapons trafficking and

availability of arms to Mexican criminal organizations, "upstream" sales in the United

States must be further regulated through the implementation of stricter rules dealing with

gun shows, gun dealers and illicit private sales. Villiers Negroponte calls for an effective

assault weapons ban, which will, "first seek to ban the import of lethal weapons,

including assault weapons, and second to end the grandfathering of weapons in excess

of .50 caliber."30 The United States must recognize that its gun policies and lackluster

enforcement directly relate to the increased violence and instability in Mexico and must

strive to curb this alarming trend. The first step that the United States should take is

addressing the 2004 Assault Weapons Ban reversal. The administration should work to

reinstate the ban and heighten oversight and regulation of gun shows and illegal traders.

All of these scholars contribute something important to the discussion. These

issues cannot be looked at in a vacuum; a responsible and strategic policy framework

promotes reform as much as it targets the cartels. This holistic approach informs how I

will evaluate Merida myself and the recommendations that I will make for future Merida

strategies.

                                                                                                               30 ibid.

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ANALYSIS

At this point we will look at the effect that the Merida Initiative has had on violent

crime in Mexico and drug abuse in the United States, as well as a few of the societal

measures identified by the aforementioned scholars. In evaluating the success of the

Merida Initiative, we will observe the extent to which its programs have had a direct

negative effect on drug abuse and violence on both sides of the border. In the absence of

such effect, we will discuss possible reasons and strategies moving forward.

The Justice in Mexico Project at the University of San Diego published a very

useful report in 2015 that provides a significant amount of data on the Mexican Drug War

collected from governments and non-profits. I used this report as a jumping off point for

any number of other organizations which analyze the crime data surrounding the Mexican

Drug War

Homicide levels in Mexico spiked dramatically between 2007 and 2011 (Figure

5)31. This doesn’t necessarily mean that it has spiked as a result of the drug war, but is

certainly a result of an unabated atmosphere of violence in Mexico. The murder rate has

been on the decline since 2011, but since it accelerated far more quickly than it has been

decelerating, the number of homicides is not likely to reach 2007 levels until 2020,

assuming no repeat escalation of violence.

                                                                                                               31 Heinle, K; Molzahn, C; Shirk, D. “Drug Violence in Mexico: Data and Analysis Through 2014”. Justice in Mexico. University of San Diego. San Diego. 2015. Web.

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A major share of these homicides is the result of organized crime killings. A

review of data generated by various independent sources shows that a large a large

proportion of these murders bear the characteristics typically associated with organized-

crime-style killings (i.e. gun battles, group executions, torture, dismemberment, high-

powered weaponry, beheadings, “narco” messages, mass graves)32. About a third, and as

many as half, of all homicides in 2014 bore such characteristics33.

The Mexican Government has not released a complete data set on organized

crime killings since 2010, but based on a trajectory of past and recent figures, it is

estimated that as many as 8,000 homicides per year can be attributed to the Drug Cartels.

To put this into perspective, this makes the cartels a more fatal threat than cancer for

Mexican individuals aged 15-6434.

                                                                                                               32 ibid. 33 ibid. 34 “Mexico’s Health Stats” Healthy Planet. World Health Organization, 03 Feb. 2013. Web. 26 Apr. 2016.

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The proportion of organized crime violence in the homicide rate varies depending

on the source that you use. There are three independent groups that calculate their own

measures, each with varied results (Figure 6). It can be observed however that even the

most conservative estimates show cartel killings to comprise a substantial portion of

homicides in Mexico.

Figure 6: Percentage of INEGI and SNSP Homicides Attributed to Organized Crime Style Homicide (2006-2014)

Year Milenio (% INEGI)

Milenio (% SNSP)

Reforma (% INEGI)

Reforma (% SNSP)

Lantia (% INEGI)

Reforma (% SNSP)

2006 20.3 18.0 2007 31.3 27.0 25.6 22.1 2008 40.5 43.2 36.6 39.0 2009 41.8 51.4 33.3 40.9 2010 49.1 61.2 45.0 56.0 2011 45.2 54.6 45.5 55.0 2012 47.7 57.2 38.1 45.7 2013 44.4 55.6 31.5 39.5 49.6 62.1 2014 38.7 51.1 31.0 40.9 36.3 48.0

Average 42.3 50.2 34.1 39.7 43.0 55.0

But it’s important to note that violence in Mexico is not pervasive and persistent

throughout the country. In most cases, it’s highly localized and sporadic to locations

where cartels are struggling for dominance35. Prior to the beginning of Merida, there

existed a type of Pax Mafioso in which the cartels were set in their ways and did not need

to resort to violence36. Once the United States began disrupting their drug flow, violence

and inter-fighting broke out in specific areas, moving from year to year depending on

changing cartel turfs37.

                                                                                                               35 Heinle, K; Molzahn, C; Shirk, D. “Drug Violence in Mexico: Data and Analysis Through 2014”. Justice in Mexico. University of San Diego. San Diego. 2015. Web. 36 ibid. 37 ibid.

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In the last decade, violence has not only increased but dispersed throughout

Mexico38. Areas close to the U.S.-Mexico border in particular have seen ultra-heightened

violence as a result of threatened cartel routes39. The following maps were generated by

Theresa Firestine of the University of San Diego’s Trans-Border Institute:

                                                                                                               38 ibid. 39 ibid.

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While it is very evident that violence has been increasing and dispersing, it’s also

important to note that it has been receding since 2012 to low points, which is also made

clear in the murder rates above (Figure 5). This is an important reversal of the trend.

Under President Calderón (2006-2012), the number of intentional homicides annually

increased more than two and a half times from 10,452 in 2006 to 27,213 in 2011,

according to INEGI figures40. The last full year of Calderón’s term there was a slight

decline in the total number of homicides to about 4% to 26,03741. All told, throughout the

Calderón administration, 121,669 people were killed, an average of over 20,000 people

killed per year, more than 55 per day, or just over two every hour42.

When he entered office in December 2012, Enrique Peña Nieto promised a shift

in public security strategy away from the focus of the previous administration on

dismantling Mexico’s powerful drug cartels by going after their leadership structures,

toward efforts that reduce the impacts of all crime – organized and other – on the public.

At this point President Obama also shifted Merida’s funding to match Nieto’s strategy for

the Mexican Drug War. He transferred many funds from International Narcotics Control

and Law Enforcement into the Economic Support Fund (Figure 7).

Figure 7: FY2012-FY2017 Merida Funding for Mexico (U.S. $ in Millions)

Account FY12 FY13 FY14 FY15 FY16(R) FY16(P) FY17(R) ESF 33.3 32.1 35.0 33.6 39.0 39.0 49.0 INCLE 248.5 195.1 148.1 110.0 80.0 100.0 80.0 Total 281.8 227.2 194.2 143.6 119.0 139.0 129.0

Source: U.S. Department of State, Congressional Budget Justification for Foreign Operations FY2013-FY2017.

                                                                                                               40 ibid. 41 ibid. 42 ibid.

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Since this shift in approach, we’ve seen both a decrease in the homicide rate in

Mexico as well as a decrease in the portion of those homicides related to organized crime

(Figure 5). Which is amazing, especially when you consider that the Nieto administration

has been relentlessly pursuing cartel leaders, with at least 12 cartel bosses being captured

or killed during his first term43.

The biggest victory for Nieto’s government came in February 2014 with the arrest

of Joaquin “El Chapo” Guzman, the founder and leader of the Sinaloa drug cartel44.

Though his later escape highlight once more the shortcomings of the Mexican Justice

System. It was announced earlier this year that he will be extradited to the United States,

which is a common strategy for high-level bosses in Mexico (Figure 8).

                                                                                                               43 “'El Chapo' Guzman: How the World's Most Wanted Drug Lord Was Finally Busted." CNN. Cable News Network, 24 Feb. 2014. Web. 26 Apr. 2016. 44 ibid.

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  One area however in which this strategy has not been successful is

disappearances. 2014 was the year with the highest number of disappearances on

record45. This is likely a result of the cartels moving underground; during the peak of

their violence in 2012, bodies would often be shown mutilated in the streets. Now, since

they are rarely in armed conflict with each other, they have a greater tendency to hide

their victims. So this should be viewed as a failure of the existing strategy, but also a

byproduct of its successes.

To recapitulate all that’s been covered in these results, the murder rate

skyrocketed during the first half of the Merida Initiative but was localized to areas where

the cartels felt threatened and not dispersed across the whole country. When the funding

shift moved toward institution building, the murder rate decreased but at a slower rate.

Conversely, disappearances have continued to increase to their highest rates in Mexico’s

                                                                                                               45 Heinle, K; Molzahn, C; Shirk, D. “Drug Violence in Mexico: Data and Analysis Through 2014”. Justice in Mexico. University of San Diego. San Diego. 2015. Web.

0

20

40

60

80

100

120

140

Ext

radi

tions

Figure 8: Individuals Extradited from Mexico

to the United States

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history, likely as a result of DTOs moving their operations underground. The capture of

drug lords however is a risky enterprise because the Mexican Justice system seems

unable to hold them for long, resulting in more extraditions to the United States.

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DISCUSSION

The Merida Initiative has been significant for both the United States and Mexico.

It delivered a much needed collaboration and acceptance between both countries, by the

acknowledgment of their mutual shortcomings and their pledge to aid one another. Both

countries realized that the futures of their societies were tied, and a significant yet

unintended consequence of the Initiative has been to improve relations between the

governments of the United States and Mexico. The first objective of the initiative was to

reduce drug violence and the second was to reduce drug trafficking into the United States

by aiding the Mexican government's fight with the drug cartels. Those two goals linked in

the possibility of a reduced demand for drugs in the united States following a decreased

supply. The unfortunate truth is that neither goal of the initiative has yet been successful.

There are multiple reasons, which include flawed implementation yielding limited

positive outcomes; the short duration and the small scope of the aid program; the limited

effects the policy has on domestic drug policy and demand reduction; and the mounting

drug-related violence prevalent in Mexico.

A Carnevale Associates study of US drug policy found that consumption from

2002 to 2008 had not changed and remains at eight percent of Americans aged twelve

and older.46 It also showed that, though consumption has remained the same, federal

spending for supply reduction rose by sixty-four percent whereas spending on demand

                                                                                                               

46 "The Continued Standstill in Reducing Illicit Drug Use." 2009. Research and Policy Analysis Group of Carnevale Associates, Retrieved from http: //www.carnevaleassociates.com/ Drug percent20Policy_Budget percent20Mismatch.pdf

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reduction only rose by nine percent. These statistics are foreboding such that the united

States should seriously consider reevaluating its commitment to the Merida Initiative, or

at least it’s approach.

Various policy alternatives exist for the Merida Initiative at this juncture. This

paper will address the three most plausible options in turn, and review the effectiveness

of each policy within the established criteria. The first option is to discontinue the Merida

Initiative by allowing its federal authorization to expire. The second option is to continue

with the Obama administration's approach to the Merida Initiative, called "Beyond

Merida." This policy embodies the Merida Initiative's original goals, but integrates a

"shared responsibility" approach to drug control and a larger focus on institution building

rather than military spending. The third option is a new approach that integrates aspects

of President Obama's "Beyond Merida" approach, but focuses more on domestic drug and

weapons policy as means of lessening demand, and institution building and government

support as means of lessening the supply.

The criteria used to determine the best policy incorporates the basic economic

principles of supply and demand. The theory of supply and demand is fundamental in

explaining market economies and most societal outcomes. The problem of drug violence

in Mexico can be attributed to heightened demand that has fueled a larger supply. A

successful policy would lessen supply through decreased drug production and cross

border trafficking. For this to happen, there must be decreased demand- specifically,

within the United States. This is of course not easy to accomplish but is the goal

nonetheless that will lead to the most desired outcome. A smaller supply and demand for

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drugs on both sides of the border could necessarily lead to abated violence over drug

territory.

Abandoning the Merida Initiative is an easy and pragmatic option, since the

program's implementation has caused much concern in Congress and many headaches in

the State Department. The difficulty of creating a lasting impact through Merida’s

implementation has proven a complex task for the State Department, especially when you

consider the many overlapping jurisdictions of working agencies. The GAO report is just

the beginning, since the bulk of the money allocated to the program has not yet been

spent. There also have not been concrete evaluations of program success, such as the

establishment of timelines to facilitate accountability.

  Violence has escalated alarmingly in Mexico and the "spillover" of this violence

into the United States is evident. In discussing the limitations of the Merida Initiative,

Villiers Negroponte highlights the flow of illegal weapons into Mexico from the United

States and how this is not adequately addressed in the initiative.47 This shortcoming

highlights a failure of one of the criterion: lessened demand. Illegal weapons trafficking

is perhaps a direct result of heightened drug violence south of the border. Merida funds

are restricted from domestic use, so strengthening US domestic policy is essential for

foreign drug policy success.

The Merida Initiative has also failed to reduce supply. Analysis has shown that

some US policies have actually increased trafficking. Major interdiction efforts in the

United States closed Florida as an entry point for Colombian cocaine, but made Mexico

                                                                                                               47 Villiers Negroponte, "The Merida Initiative and Central America: The Challenges of Containing Public Insecurity and Criminal Violence."

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an appealing second choice. Little-known Mexican drug dealers benefited from the

product and grew to be the bosses of sophisticated and violent cartels.48 Overall, drug

demand has remained the same and drug supply has increased. Meyer suggests that the

Merida Initiative applied the same principles of military focused aid to fight drug

trafficking, similar to previous unsuccessful policies implemented in Mexico by the

Mexican government.49 This suggests that the program was doomed from the start. On

the other hand, to discontinue a program that has only really been half implemented

would seem a waste of the taxpayers’ money. As claimed in the perceived success of Plan

Colombia, the length of the program has as much to do with its success as does the

transition of the program to a nationally run self-sustaining entity.50

A second policy option is the Obama administration's strategy of following the

model of the Merida Initiative, with the inclusion of a more bilateral collaborative

approach.51 This approach is often referred to as "Beyond Merida" and is founded on the

"four pillars" first articulated by President Obama when he made his FY 2011 budget

request. Following the "Beyond Merida" strategy of keeping elements that have been

working and changing what’s been inefficiently implemented, Obama called for overhaul

                                                                                                               48 Meyer, Maureen. 2007. "At a Crossroads: Drug Trafficking, Violence and the Mexican State." Washington Office on Latin America 13. Retrieved from http://www. wola.org/ index. php?option=com_content&:task=sectionp&id=l&:Itemid=2&:topic_ filter= Mexico&subtopic_filter= 49 ibid. 50 Villiers Negroponte, "The Merida Initiative and Central America: The Challenges of Containing Public Insecurity and Criminal Violence." 51 Olson, Eric L., and Wilson, Christopher E. 2010. "Beyond Merida: the Evolving Approach to Security Cooperation." Wilson Center, University of San Diego, TransBorder Institute, Retrieved from http://www.wilsoncenter.org/topics/docs/Beyond percent20Merida.pdf

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of the early policies to promote more widespread success.52 The new strategy would be

more focused on "institution building" than security expenditures – the bulk of the

Merida Initiative’s past spending.

Villiers Negroponte would agree with this plan. In her analysis of the early Merida

Initiative, Villiers Negroponte concludes that while the Merida Initiative is a step in the

right direction, it is not enough to successfully curtail drug trafficking and violence.53

Once the United States leaves Mexico, success will be hinged upon the strength of state

and local justice systems, Mexico’s implementation of tax and spending policies,

supported by long lasting programs with built in local support. The "Beyond Merida"

approach incorporates the ideas outlined by Villiers Negroponte. If successful in the long

term, the pillars of the "Beyond Merida" approach could affect the supply side of drug

trafficking. The evolved policy is ambitious in its aims and would require a long-term

commitment of resources from the United States. The policy does address weapons

trafficking originating in the United States, but has not thus far implemented any policy

successful in lessening illegal arms trading. Unfortunately, the Obama plan is glaringly

lacking in its response to the call for "shared responsibility" in addressing drug demand.

According to the National Drug Intelligence Center (NDIC), the prevalence of illicit

drugs in the United States will not diminish in the near future, but will in fact increase

due to growing demand and increased production in Mexico. The only drug that will not

be produced in increased amounts is cocaine, due to shortages felt in Latin America

                                                                                                               52 ibid. 53 Villiers Negroponte, "The Merida Initiative and Central America: The Challenges of Containing Public Insecurity and Criminal Violence."

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rather than a decrease in demand. In fact, global demand has increased as Europe has

discovered cocaine.54 The NDIC found that, "the growing strength and organization of

criminal gangs, including their alliances with large Mexican drug trafficking

organizations (DTOs), will make disrupting illicit drug availability and distribution

increasingly difficult for law enforcement agencies."55 The Mexican government under

President Calderón has fought DTOs with some success by limiting internal corruption,

but corruption is so widespread and the power of the cartels so great that this fight will be

long. When one cartel leader is arrested, others rise to take his place, waging violent

battles against each other in cities such as Ciudad Juarez. It is estimated that, though

thousands of soldiers have been committed by President Calderón and millions of US

dollars have been given in funding, less than one percent of the billions of dollars in drug

money smuggled into the United States every year is seized.56 These disheartening

statistics suggest that the "Beyond Merida" approach has failed the criteria of reduced

demand leading to lessened supply.

Unfortunately, drug trafficking and cartel-related violence have continued to rise; this

raises the question of whether the Obama administration's policy has been successful.

Certainly the idea is good, but what is that worth if it does not yield desired results? US

officials have claimed that drug demand has gone down in the United States and this has

                                                                                                               54 "National Drug Assessment 2010. " 2010. U.S. Department of Justice, National Drug Intelligence Center 2010-Q031 7-001. Retrieved from http://www.justice.gov/ndic/ pubs38/38661/index.htm 55 Ibid. 56 Coleman, Michael. 2010. "People of world influence." The Washington Diplomat. 2010. Accessed Marchio, 2011. http://www.thedialogue.org/page. cfm?pageID=32&pubID-2476.

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increased violence in Mexico because their money supply is getting cut off.57 However,

Carnevale found that drug demand has in fact remained exactly the same. The three

criteria- lessened drug production and transportation, violence reduction in Mexico and a

decreased demand in the United States- have not been met. It is clear that the Obama

administration's strategy has not yet been successful in the way that it has defined for

itself. Granted that the implementation of a policy of this scope takes time and that the

intentions of "Beyond Merida" are good, the policy does not account for domestic factors

influencing the drug trade and does not focus enough on the underlying economic and

historical issues present in Mexico.

Where should American foreign drug policy go from here? It is difficult to decide if

the Merida Initiative has been successful, considering that it was never fully implemented

before the final disbursement of plan funds. Secretary of State Hillary Clinton, among

others in the Obama administration, has stressed the United States' "shared responsibility"

in the drug problem facing Mexico. The United States is the biggest customer of the

cartels that are being fought against, and it is the largest supplier of assault weapons to

the same Mexican drug cartels. Essentially, the drug cartels are fighting the Mexican

government with weapons purchased from the United States, to me that’s the worst of all.

The governments of Mexico and the United States are battling a highly lucrative industry

responsible for employing thousands of people and using grizzly scare tactics to

intimidate millions of others. This is our problem, we have a responsibility to fix it.

                                                                                                               57 Olson & Wilson, "Beyond Merida: the Evolving Approach to Security Cooperation."

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Unfortunately, current policies do not appear to be effective. A third policy option

that the Obama administration should consider is using the "Beyond Merida" approach as

a point of departure. A strategic approach to drug trafficking eradication must be made

through recognition of the United States' role in drug demand and its effects on supply

and drug related violence. Security and equipment assistance to Mexico in a sustained

effort is necessary to eradicate cartel influence in the short term, but as historical

outcomes like plan Columbia teach us, a broader policy focus is imperative for success in

the long-term. Programs implemented in Mexico should focus on both local and national

community building, and funding should be consistent for the duration. Plan Colombia

was successful in some ways because of the sheer quantity of funding by the US

government. Mexico needs funding so that its programs may be consistent, if nothing else.

Consistent funding for institution building, military assistance, and progressive

programming to divert drug producers to other trades would all serve to provide

alternatives to the drug cartels. And if less people work for the cartels, it will necessarily

limit the supply of drugs flowing into the United States.

A paradigm shift will be necessary to lessen violence in Mexico. The Obama

administration's approach of collaboration and shared responsibility is a welcome

departure from that of past administrations, but it has not been paying enough attention to

the drug abuse problem within the United States. The United States has five percent of

the world's population, yet it has seventeen percent of the world's drug addicts. US drug

policy should reflect these numbers. Counterdrug programs must focus on and fund drug

addiction eradication programs and anti-drug education with the zeal demonstrated by

“sexy” counter-narcotics military operations in order to effectively reduce drug demand

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and drug violence in our own country. This approach would meet the criteria of lessening

demand and reducing supply in the long run; by attacking drug demand, drug supply

would be significantly affected over time, it’s economics.

Lastly, many economists and knowledgeable leaders suggest that legalizing certain

drugs would be a means of driving their prices down. Without the high price tags

attached to illicit drugs, the high-violence high-reward drug wars would most certainly

diminish in the long term. Legal markets would prevail. Simple economic theory explains

that high prices stimulate highly competitive markets, but low prices are less attractive

and lessen suppliers. Drug legalization is hotly contested and information from some

policy institutes suggest that legalizing drugs, such as marijuana, will in fact have little

effect on the violence in Mexico.58 Klimer suggests that marijuana sales make up only

part of drug trafficking profits with estimates of between $1.5 and $2 billion in annual

gross revenue.59 However, while Klimer also maintains that it is unknown whether

reductions in Mexican DTOs' revenues from exporting marijuana would lead to

corresponding decreases in violence, other analysts have suggested that large reductions

in revenues could increase violence in the short run but decrease it in the long run.60

Therefore, the legalization of certain drugs and the establishment of government price

controls could diminish the surges of violence in Mexico and would satisfy, in part, all

three of the criteria established.

                                                                                                               58 Klimer, Beau. 2010. "Insights on the Effects of Marijuana Legalization on Prices and Consumption." Santa Monica, CA.: RAND, http://www.rand.org/pubs/testimonies/ CT351/. 59 Ibid 60 Ibid.

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CONCLUSION

The Merida Initiative has had some positive impacts: it opened dialogue between

the United States and Mexico and improved relations that had been cooling for years.

President Calderón was the first foreign president to visit the United States after President

Obama took office, marking a turning point in diplomatic relations between the countries,

and suggesting that closer collaboration would continue.

The drug-trafficking problem in Mexico is enormous. It would be impossible to

eradicate a problem like this over a decade. Massive increases in violence with little

government response have accompanied the increasing lawless freedom of drug

trafficking. This has been evident in the apparent failures of both Mexican and American

drug policies for Mexico. This paper has outlined the difficulty of foreign and domestic

drug policy for the United States and the significance of this problem for Mexico. After

assessing the three policies using the established criteria, the third policy emerges as the

best course of action for Mexico: the United States should proceed with the "Beyond

Merida" approach, while focusing on domestic US factors that influence the drug trade.

"Beyond Merida" should be used as a framework for a more progressive policy

that will incorporate a sustained, long-term commitment to aid Mexico in it’s

development, in all perspectives not just in the drug war. To truly eradicate the rampant

supply of drugs and the ever-growing drug trafficking trade, the United States and

Mexico must cooperate and the United States must commit to implementing its aid

programs fully and properly. As GAO reports on the Merida initiaitive and Plan

Columbia have shown, accountability has proven difficult for the State Department. To

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truly affect both supply and demand sides of the drug problem, performance measures

and indicators are needed to keep the initiative on track.

The military-centered aid approach did not work. It has never worked. Plan

Colombia showed that the United States could eradicate cartel influence in one country,

but that the drug trade would merely shift to a new country. Historically, Mexican

presidents have fought organized crime and drug trafficking through "combating fire with

more fire" with little success.61 It’s time we adopt a new approach, and President Obama

strategy could be what we need. To truly eradicate the drug supply problem, not only

must the demand for drugs be reduced on both sides of the border, but a commitment

from the United States and Mexico to provide alternatives for Mexican citizens to work

in legal and high-paying professions, as opposed to joining the drug cartels.

President Calderon showed an admirable dedication to eliminating drug cartels

and corruption in Mexico. The United States and Mexico have a unique relationship

stemming from a shared history and similar ideological and political views. Both

countries are democracies and were founded on similar principles. If Nieto continues

Calderon’s undertaking, and the United States continues to support the new strategy

while focusing more on domestic drug and weapons policy and enforcement, it will be

possible to diminish the cartel stranglehold on Mexico and lessen its widespread violence.

                                                                                                               61 Meyer, "At a Crossroads: Drug Trafficking, Violence and the Mexican State."

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“Mexico’s Health Stats” Healthy Planet. World Health Organization, 03 Feb. 2013. Web. 26 Apr. 2016. Meyer, Maureen. 2007. "At a Crossroads: Drug Trafficking, Violence and the Mexican State." Washington Office on Latin America 13. Retrieved from http://www. wola.org/ index. php?option=com_content&:task=sectionp&id=l&:Itemid=2&:topic_ filter= Mexico&subtopic_filter= "National Drug Assessment 2010. " 2010. U.S. Department of Justice, National Drug Intelligence Center 201 0-Q031 7-001. Retrieved from http://www.justice.gov/ndic/ pubs38/38661/index.htm Olson, Eric L., and Wilson, Christopher E. 2010. "Beyond Merida: the Evolving Approach to Security Cooperation." Wilson Center, University of San Diego, TransBorder Institute, Retrieved from http://www.wilsoncenter.org/topics/docs/Beyond percent20Merida.pdf Richard Nixon: "Special Message to the Congress on Drug Abuse Prevention and Control.," June 17, 1971. Online by Gerhard Peters and John T. Woolley, The American Presidency Project. Seelke, Clare R. 2010. "Merida Initiative for Mexico and Central America: Funding and Policy Issues." Library of Congress, Congressional Research Services R40135. "The Continued Standstill in Reducing Illicit Drug Use." 2009. Research and Policy Analysis Group of Carnevale Associates, Retrieved from http: //www. carne valeassociates. com/ Drug percent20Policy_Budget percent20Mismatch.pdf