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You have the right to give up your rights

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

picture of clock metaphorically suggesting a follow-up


No wonder the "Justice" Department relies on plea deals; otherwise juries could use nullification to free those charged with mere drug possession.






Key Takeaways:






Notes for essay entitled You have the right to give up your rights: The injustice of plea dealing in the age of drug prohibition:

1: A Look at How Many Drug-Related Crimes Happen Each Year Higgins, Tammy, SoCal Criminal Defense Lawyer, 2025 (up)
2: “War on Us – the War on Drugs Is a War on All of Us.” 2019. Waronus.com. 2019. http://waronus.com/. (up)
3: U.S. v. Green V Lex (up)




read more essays here





Ten Tweets

against the hateful war on US




To say that taking SSRIs daily is better than using opium daily is a value judgement, not a scientific one.

In his book "Salvia Divinorum: The Sage of the Seers," Ross Heaven explains how "salvinorin A" is the strongest hallucinogen in the world and could treat Alzheimer's, AIDS, and various addictions. But America would prefer to demonize and outlaw the drug.

Just think how much money bar owners in the Old West would have saved on restoration expenses if they had served MDMA instead of whiskey.

Drug prohibition is superstitious idiocy. It is based on the following crazy idea: that a substance that can be misused by a white young person at one dose for one reason must not be used by anybody at any dose for any reason.

Almost all addiction services assume that the goal should be to get off all drugs. That is not science, it is Christian Science.

If I should die of some unusual concatenation of circumstances, I want my survivors to pass "Brian's Law," a law stating that we will no longer pass laws based on hard cases and so needlessly fill our prisons by taking common-sense discretion out of the hands of judges.

Today's war against drug users is like Elizabeth I's war against Catholics. Both are religious crackdowns. For today's oppressors, the true faith (i.e., the moral way to live) is according to the drug-hating religion of Christian Science.

Had we really wanted to "help" users, we would have used the endless godsends of Mother Nature and related synthetics to provide spirit-lifting alternatives to problem use. But no one wanted to treat users as normal humans. They wanted to pathologize and moralize their use.

Opium could be a godsend for talk therapy. It can help the user step outside themselves and view their problems from novel viewpoints.

The FDA will be accepting comments through September 20th on the subject of ways to fight PTSD. PTSD@reaganudall.org Ask them why they support brain-damaging shock therapy but won't approve drugs like MDMA that could make ECT unnecessary.


Click here to see All Tweets against the hateful War on Us






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Unless otherwise indicated, no AI is used in the creation of site content. These essays represent the original ideas of their author and not the ideas that the author SHOULD have based on an algorithmic parsing of existing data. For more on this subject, consider the AI-related viewpoints to which the author subscribes as delineated in the New York Times opinion piece entitled "What 370,000 College Essays Tell Us About A.I.’s Effects on Creativity" by Rebecca Winthrop of the Brookings Institution.

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Copyright 2026, Brian Ballard Quass Contact: quass@quass.com

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