In Economics, the principle of opportunty cost states that the cost of something is the value of other foregone opportunities. Example-You went to the movies this afternoon. You could have exercised, worked, mowed the lawn etc. Those missed opportunities are opportunity costs.

The Paey Pardon, as Scott blogged about here and here, was a nice piece of news, of the kind that doesn't come around too often. The last such pleasant surprise I had came in late 2000, when Kemba Smith and Dorothy Gaines were pardoned by then-President Clinton. I immediately left a message for my friend Rob Stewart, who had played a major role in bringing the Gaines case to prominence by writing it in the old Drug Policy Letter (Drug Policy Foundation, predecessor to Drug Policy Alliance), which led to coverage of her case by Frontline. Rob told me later he had two messages on his voicemail -- one from me and one from Dorothy Gaines. These moments are rewards for all the rest of it. Unfortunately, not many political leaders seem to be of the moral caliber of Gov. Crist, and there are many more victims of the drug laws who remain unpardoned. Two of them, whom I happen to know, were sentenced to prison a week ago. One of them was Bryan Epis, the first person prosecuted by the feds for medical marijuana. He received the same 10-year sentence. The other was William Mangino, a pain physician in Pennsylvania, sentenced to 8 1/2 - 20 years. Bryan was allowed to remain free pending appeal. See our upcoming Chronicle newsbrief for some detail. Bryan actually told me a few days before the court date that he anticipated getting another 10 years, but being allowed to stay free pending appeal, and he was right. He says he has a good chance on appeal, and it sounds like it -- the prosecution really acted unethically in his case, and the judge, who is by no means biased toward defendants, commented that there are issues the appellate court may want to look at. Dr. Mangino predicted a harsh sentence, and that he would not be allowed to stay free pending appeal. Unfortunately, he was right too. Christine Heberle's blog post on the War on Doctors/Pain Crisis blog lays out the glaring absence of any crime. Accountability for injustices committed under the guise of law may be too much to hope for. But at least we should have justice now. I simply don't feel that letting people like Richard Paey and Bryan Epis and Bill Mangino live their lives unmolested by the government is asking for too much.

As we celebrate Richard Paey's freedom today, it is important to remember that his tragic fate was no accident. Many people worked very hard at tax-payers' expense to put this innocent and miserable man behind bars. They deserve recognition today as well.

Certainly, these events vividly depict the insanity of a war on drugs that targets seriously ill people for trying to treat their own pain:

State prosecutors concede there's no evidence Paey ever sold or gave his medication away. Nevertheless, under draconian drug-war statutes, these prosecutors could pursue distribution charges against him based solely on the amount of medication he possessed (the unauthorized possession of as few as 60 tablets of some pain medications can qualify a person as a "drug trafficker"). [National Review]

Yet, as Radley Balko revealed at National Review, the persecution of Richard Paey involved so much more than the reckless enforcement of short-sighted laws. This was a prolonged and deliberate campaign on the part of malicious prosecutors and vengeful prison officials.

*Prosecutors blamed Paey's harsh sentence on Paey himself, claiming that he should have accepted a plea bargain. As Balko explains, they essentially retaliated against him for asserting his factual innocence and insisting on his right to a jury trial.

*Prison officials transferred Paey further away from his family after he gave a New York Times interview that was critical of the State of Florida.

*Prison medical staff threatened to withhold Paey's medication, also in apparent retaliation for his interview with the New York Times. Since he could die without it, this was the functional equivalent of a death threat and caused him great distress.

Now that Florida's Governor and Cabinet have concluded that Paey did nothing wrong, it is time to examine the way he was treated throughout this great travesty. If there are sociopaths working in Florida's criminal justice system, that's something Governor Crist would want to know about. If we can afford to imprison people for decades in order to protect ourselves from drugs, surely we can also afford to evaluate public servants who wield extraordinary power in order to ensure that they aren't deeply disturbed.

Mentally healthy people do not persecute the seriously ill, even if the drug war says it's ok.