Mandatory Minimums

More Headlines

Mandatory Minimum Sentencing (MAP) - 4 hours 33 min ago
DrugSense
Categories: Mandatory Minimums

Chronicle AM: AG Nominee Addresses Sentencing, OH Sees First MMJ Dispensary, More... (1/16/19)

Mandatory Minimum Sentencing (STDW) - Wed, 01/16/2019 - 20:49

William Barr addresses concerns about his sentencing policy history, New Jersey Gov. Phil Murphy (D) reiterates his call to pass a legalization bill, Ohio sees its first medical marijuana dispensary, and more.

[image:1 align:left caption:true]Marijuana Policy

New Jersey Governor Renews Call for Marijuana Legalization. Gov. Phil Murphy (D) used his State of the State address Tuesday to renew his call for marijuana legalization. “By legalizing adult-use marijuana – first and foremost – we can reverse the inequality and unfairness left from years of failed drug policies and shift public safety resources to where they can do the most good,” he said. He also called for the expungement of past pot possession arrests. “We must ensure that those with a past mark on their records because of a low-level offense can have that stain removed, so they can move forward to get a stable job or an education,” he said. A legalization bill is already very near the finish line, but Murphy and legislators are still haggling over issues such as tax rates.

Medical Marijuana

Ohio Dispensary Sales Begin Today. A Sandusky dispensary initiated the era of legal medical marijuana sales in the Buckeye State on Wednesday, making its first sale to a card-carrying woman who suffers from multiple sclerosis. Four other dispensaries have received their final licenses but have not opened yet. Eventually, there should be 56 dispensaries statewide.

South Carolina Legislators Unveil Medical Marijuana Bill. A pair of Republican legislators, state Sen. Tom Davis and Rep. Peter McCoy, on Tuesday filed a medical marijuana, the Compassionate Care Act (S 366). “This is South Carolina, not California or Colorado, and what the vast majority of people in our state want is a socially conservative medical marijuana law, one that provides medical patients truly in need with relief but draws a bright line against recreational use by imposing strict penalties,” Davis said.

Sentencing

Attorney General Nominee Defends Harsh Sentencing But Says He is Open to Sentencing Reform. During his Senate confirmation hearing Tuesday, Trump's nominee for attorney general, William Barr, defended his role in harsh mandatory minimum sentencing practices in the 1980s and 1990s but said he is now open to sentencing reforms, such as the Fair Sentencing Act, which passed Congress last month. "From my perspective, the very draconian penalties on crack were put in place initially because when the crack epidemic first hit, it was like nuclear weapons going off in inner cities," Barr told Sen. Dick Durbin (D–Ill.). "The initial reaction was actually trying to help those communities. Over time, those same leaders are now saying to us, 'This is devastating. Generations of us have been incarcerated.' And we should listen to the same people we were listening to before."

Categories: Mandatory Minimums

In Rare Show of Bipartisanship, Senate Passes Prison and Sentencing Reform Bill [FEATURE]

Mandatory Minimum Sentencing (STDW) - Thu, 12/20/2018 - 06:31

In a rare display of bipartisanship, the Senate on Tuesday approved a major prison and sentencing reform bill, the First Step Act (S.3649) on a vote of 87-12. The bill now goes back to the House, which is expected to pass it easily, and then to the desk of President Trump, who has vowed to sign it.

[image:1 align:right caption:true]Introduced by Senate Judiciary Committee Chairman Chuck Grassley (R-IA), and Senators Dick Durbin (D-IL), Mike Lee (R-UT), Cory Booker (D-NJ), Lindsey Graham (R-SC), and Sheldon Whitehouse (D-RI), the bill added significant sentencing reform provisions to a prison reform bill passed earlier by the House.

"The First Step Act will help keep our streets safe and it offers a fresh start to those who've put in the work to get right with the law while paying their debt to society," Grassley said on the Senate floor after the vote. "It also addresses unfairness in prison sentencing and revises policies that have led to overcrowded prisons and ballooning taxpayer expenses."

"I think we showed something which most American people wouldn't have believed -- that a bipartisan group of Senators from across the political spectrum could tackle one of the toughest political issues of our day, assemble an array of support -- left, right, and center -- from members of the Senate as well as organizations devoted to law enforcement as well as civil rights, and at the end of it have something we all felt was a fair product to send over to the House, which I hope will act on this very quickly," Durbin said. "It is, however, the first step. We've got to start thinking about the second step. And we need the help of all of our colleagues when shaping that."

In addition to the prison reform language, the bill's key sentencing provisions include:

  • Retroactivity for the Fair Sentencing Act (the 2010 law that reduced the crack/powder cocaine sentencing disparity), allowing the potential release of around 2,600 people;
  • Expansion of the "safety valve" allowing judges more discretion to sentence beneath mandatory minimum sentences;
  • Reform of the "three strikes" law, reducing the "second strike" mandatory minimum of 20 years to 15 years, and reducing the "third strike" mandatory minimum of life-in-prison to 25 years;
  • Eliminate "stacking" for firearm offenses, meaning that prosecutors cannot add sentencing enhancements to individuals who may possess a firearm while committing their first federal offense.

"Passing these reforms has been a team effort years in the making," Grassley continued. "It couldn't have been done without the stalwart commitment by a somewhat unlikely cadre of colleagues and advocates. We've had to compromise to make this possible, to seek to understand the other's point of view. In doing so, I think we made the bill better. And we accomplished something of historic significance that will reduce crime, make our system more just, and improve lives for generations to come."

The First Step Act was backed by a number of law enforcement groups, including the nation's largest police group, as well as 172 former federal prosecutors and sheriffs from 34 states across the country. The National Governors Association, which represents the governors of all 50 states, praised the bill. A broad coalition of conservative and progressive groups along with a host of business leaders and faith-based organizations also support the First Step Act.

For progressives and drug reformers, though, the bill is indeed only a first step. It does nothing, for example, to address the plight of people sentenced to life in prison for drug offenses, and that leaves reformers offering only qualified praise.

"The Senate's version of the legislation, while far from perfect, includes crucial sentencing reforms that safely reduce the footprint of the federal criminal justice system from the front end," said Ed Chung, vice president for Criminal Justice Reform at the Center for American Progress. "Additionally, the Senate added important checks on the US Department of Justice as it creates a risk and needs assessment and a system of programs and education in the Bureau of Prisons."

"This is a bittersweet moment," said Michael Collins, director of national affairs at the Drug Policy Alliance. "The bill represents progress and we should celebrate the release of thousands of people serving disproportionately long sentences, but at the same time the bill leaves far too many people behind. It's a tough compromise for us and we must keep fighting for much deeper systemic changes."

Categories: Mandatory Minimums

The Year in Drugs I: The Top Domestic Drug Policy Stories of 2018 [FEATURE]

Mandatory Minimum Sentencing (STDW) - Thu, 12/20/2018 - 05:22

This is a year that just about everybody is eager to see come to an end, but when it comes to drug policy, 2018 hasn't been half-bad, at least in the US. (Check back next week for our Top International Drug Policy Stories.)

We've seen marijuana legalization spread further, we're on the verge of seeing Congress pass major sentencing reform legislation, and the ban on domestic hemp cultivation is coming to an end, among other things.

A lot went on in drug policy in 2018. Here are eight stories that helped define the year:

1. Overdose Deaths Remain Unconscionably High But Appear to Have Leveled Off

[image:1 align:left caption:true]The nation's fatal drug overdose crisis is far from over, but it now looks like it at least didn't get any worse this year. Driven in large part by the rise of fentanyl, overdose deaths reached a stunning 72,000 in 2017, a figure ten times the number in 1980 and double that of only a decade ago.

But preliminary reports on the 2018 overdose numbers suggest that this may be the year the crisis began to ease. In June, the Centers for Disease Control and Prevention released provisional data showing that overdose deaths had declined for six straight months, dropping 2.8 percent from their 2017 peak. That report also found that opioid overdose deaths had declined by 2.3 percent.

With both heroin and prescription opioid deaths declining, fentanyl has emerged as the most common drug involved in overdoses, being implicated in about a quarter of all drug overdose deaths. While the apparent decline in opioid overdose deaths this year is good news, the recent increases in cocaine and methamphetamine overdose deaths is not. And while any break in a years-long climb in overdose deaths is certainly welcome, another 70,000 or so Americans will still have died from them this year. We have a long, long way to go.

2. Safe Injection Sites Draw Nearer, But Feds Fire Warning Shots

Safe injection sites -- also known as supervised consumption sites, among other names -- where drug users can consume their doses under medical supervision and with an opportunity to engage with social services are a proven harm reduction intervention. More than a hundred cities around the world, mainly in Europe, Canada, and Australia have resorted to such facilities as a means of providing better outcomes, not only for drug users but also for the communities in which they live.

There are no legally permitted safe injection sites in the United States (although some underground ones are reportedly operating in Seattle, and there may be more in hiding), but this year saw mounting pressure and serious efforts to get them up and running in a number of American states and cities. It also saw mounting resistance from federal officials.

At the state level, California, Colorado, Missouri, and New York all saw safe injection site bills filed. Only the bill in California made it out of the legislature, but to the great frustration of reformers, it was vetoed by Gov. Jerry Brown (D), who cited long outdated beliefs about substance use in his veto message. Still, the fact that bills are being filed shows the issue is gaining momentum.

The momentum is even stronger among a handful of major cities. Denver, New York City, Philadelphia, and Seattle have all taken steps to clear the way for safe injection sites this year, although none are yet in place.

While like California's Gov. Brown, some state and local level political figures are hesitant to embrace them, a major reason none is yet in place is federal hostility. As the clamor for the facilities grows louder, so does opposition from the Trump administration. As Denver publicly pondered opening one, the local DEA and the US Attorney loudly warned they would be illegal, and the Philadelphia US Attorney did the same thing. Early in the year, the DEA in Washington issued a warning against safe injection sites, and in August, Deputy Attorney General Rod Rosenstein authored an op-ed in the New York Times issuing similar dire threats.

3. A Major Federal Sentencing Reform Bill Is Set to Pass

[image:2 align:right caption:true]The first major federal sentencing reform bill in eight years is now one vote away from passing Congress. The bill, known as the First Step Act (S.3649), is the culmination of years of work by the likes of Senate Judiciary Committee Chairman Charles Grassley (R-IA) and Sen. Dick Durbin (D-IL), and includes prison reform language as well as provisions that would reduce sentences for certain drug offenses. It very nearly died earlier this month when Senate Majority Leader Mitch McConnell (R-KY) announced he would not bring it to a Senate floor vote, but under broad pressure, including from President Trump, McConnell relented, and the bill passed the Senate Tuesday

The sentencing reforms include retroactivity for the Fair Sentencing Act (the 2010 law that reduced the crack/powder cocaine sentencing disparity), allowing the potential release of around 2,600 people; expansion of the "safety valve" allowing judges more discretion to sentence beneath mandatory minimum sentences; reform of the "three strikes" law, reducing the "second strike" mandatory minimum of 20 years to 15 years, and reducing the "third strike" mandatory minimum of life-in-prison to 25 years.

The late word is that the bill will pass the House easily, but that hasn't happened as of this writing. If and when it does, the country will have taken a significant step toward a more just and humane federal criminal justice system. The passage has also drawn major media attention as a rare example of bipartisanship in Washington today.

4. Marijuana Legalization Advances in the States

At the beginning of the year, marijuana for adult recreational use was legal in eight states, all in the West or New England and all thanks to the initiative process. As 2018 comes to a close, that number has jumped to ten, with Vermont in January becoming the first state to legalize it through the legislature and Michigan in November becoming the first Midwest state to legalize it.

The initiative process is available in only half the states, and when it comes to legalizing weed, the low-hanging fruit has already been picked. A legalization initiative in conservative Nebraska went down to defeat this year, and remaining initiative states like the Dakotas, Nebraska, Oklahoma, and Arkansas are among the most socially conservative and least likely to free the weed. But prospects are rosier in initiative states Arizona, Missouri, and Ohio. We are likely to see pot on the ballot in all three in 2020.

Vermont remains the sole state to legalize it legislatively, but a handful of states edged ever closer close this year. New Jersey Gov. Phil Murphy (D) wanted pot legalized in his first 100 days. That didn't happen, and legalization hasn't gotten through the legislature yet, but there is a small chance it could still happen this year and a very good chance it will be a done deal by early next year. Legislatures throughout the Mid-Atlantic states and Northeast grappled with the issue, laying the groundwork for next year and the year beyond, and just this week, New York Gov. Andrew Cuomo (D) called for legalization next year. The long march continues.

5. Marijuana Is Still Federally Illegal, But the Crackdown Never Came

As the year comes to end, legal weed is still here and Jeff Sessions isn't. President Trump's first attorney general was an avowed foe of marijuana (as well as drug and criminal justice reform in general), but despite rescinding the Obama-era Cole memo, which basically told federal prosecutors to leave state law-abiding pot businesses alone, the much-feared crackdown on the industry never came.

Federal prosecutors, for the most part, continue to view legal marijuana businesses as a low priority, especially when faced with much more serious drug problems, such as the opioid overdose epidemic. But Sessions was also undercut by his own boss, who in April arranged a deal with Colorado Republican Sen. Cory Gardner in which he agreed to support a bill protecting states that have broken with federal pot prohibition in return for Gardner's allowing Justice department appointments to move forward.

This year saw a plethora of federal marijuana reform bills, but with Republican leadership in both houses firmly opposed, the Capitol was where marijuana reform went to die. With Democrats in control of the House next year, things promise to be different next year, although the GOP-led Senate will remain an obstacle. But with pot consistently polling in the 60s, those Republican senators may grudgingly start coming on board.

6. Marijuana Legalization is Nice, But We Need Social Justice, Too

This year saw social justice concerns around marijuana legalization move front and center in two distinct ways: demands for the expungement of marijuana arrest records for people whose offenses are no longer crimes and demands for restorative racial justice from communities that have suffered the brunt of the war on drugs.

The year started with two major West Coast cities, San Francisco and Seattle, leading the way on expungement. The, in September, California became the first state to put state-level automatic expungement into effect. Delaware and Rhode Island, which have both decriminalized but not legalized pot, also passed expungement bills this year. Expungement is also a contentious issue in the ongoing battle to get legalization passed in New Jersey.

After a half-dozen years of legalization and well-heeled white guys making bank off legal weed, the call for racial justice, whether in terms of set-asides to guarantee minority participation in the industry or for funding streams aimed at restoring drug war-ravaged communities, is growing too loud to be ignored. This is an ongoing struggle now being played out not only in pot-legal states, but especially in states on the cusp of legalization. Moving forward, it's likely that every successful state legalization bill is going to have to address issues of social and racial justice. As they should.

7. Industrial Hemp Becomes Federally Legal

[image:3 align:left caption:true]Finally, the absolutely most ridiculous aspect of federal marijuana prohibition is dead. Recreational marijuana's country cousin, hemp can't get anyone high, but is extremely useful in a broad range of industries, from foods to textiles and beyond. Thanks to a lawsuit from hemp interests more than a decade ago, hemp could be imported for American firms to use in their products, but because the DEA refused to recognize any distinction between hemp and recreational marijuana, American farmers were forced to stand on the sidelines as their competitors in China, Canada, and other countries raked in the rewards.

But having a hemp-friendly senator from a hemp-friendly state allowed hemp legalization to move this year. Senate Majority Leader Mitch McConnell (R-KY) actually fought for the hemp bill, shepherding it into the must-pass farm appropriations bill and keeping it in there through negotiations with the House. President Trump has signed the farm bill, including the hemp provision, into law.

8. Here Come the 'Shrooms

Initiative campaigns to legalize or decriminalize the use and possession of psilocybin-containing magic mushrooms began popping up in 2018. Actually, the first state-level initiative came last year in California, but this past summer it failed to qualify for the fall ballot.

Right now, there are two psilocybin initiatives in the signature-gathering phase, a municipal initiative in Denver that would decriminalize the use, possession, and cultivation of psilocybin-containing mushrooms, and the statewide Oregon Psilocybin Service Initiative, which would decriminalize possession of psilocybin, allow magic mushrooms to be grown with a license, and would allow for therapeutic use of psilocybin. The Denver initiative would go before voters in May 2019, while the Oregon initiative aims at the 2020 election.

If psilocybin initiatives follow the pattern set by marijuana legalization initiatives, the first time may not be the charm. But more will follow.

Categories: Mandatory Minimums

Chronicle AM: Senate Passes Sentencing Reform Bill, NM Sued Over MedMJ Rules and Fees, More... (12/19/18)

Mandatory Minimum Sentencing (STDW) - Wed, 12/19/2018 - 22:05

A major sentencing reform bill takes a major step toward becoming law, a New Mexico medical marijuana producer is suing the state over rules and fees, and more.

[image:1 align:left caption:true]Medical Marijuana

Arkansas Delays Dispensary License Announcement. The state Medical Marijuana Commission announced Tuesday it would delay its meeting to announce licenses for state dispensaries. The commission was originally scheduled to meet today but postponed that meeting until January 9. The state plans to allow dispensaries to operate in somewhere between 20 and 32 sites.

New Mexico Sued Over Edibles Rules. The state's largest medical marijuana producer has filed a lawsuit against the state health department over regulations governing edibles, salves, lotions, and other products infuse with marijuana. Ultra Health argues that the department doesn't have the authority to license legal marijuana manufacturers and that the fees are too high.

Heroin and Prescription Opioids

DC Council Votes to Approves Opioid Treatment Bill. The DC Council voted Tuesday to advance the Opioid Use Disorder Treatment & Safe Access Amendment Act of 2018, legislation that would help curb the overdose crisis in the Nation's capital. The omnibus bill includes provisions that make the temporary emergency measure that decriminalizes drug checking kits permanent, removes restrictions on syringe exchange programs, and expands access to medication-assisted treatment in the District. The bill now goes to the mayor for final approval.

Sentencing Reform

Senate Passes Prison and Sentencing Reform Bill. The Senate approved the First Step Act (S.3649) on a vote of 87-12 on Tuesday. The bill contains prison reform language as well as provisions that would reduce sentences for certain drug offenses, including retroactivity for the Fair Sentencing Act (the 2010 law that reduced the crack/powder cocaine sentencing disparity), allowing the potential release of around 2,600 people; expansion of the "safety valve" allowing judges more discretion to sentence beneath mandatory minimum sentences; reform of the "three strikes" law, reducing the "second strike" mandatory minimum of 20 years to 15 years, and reducing the "third strike" mandatory minimum of life-in-prison to 25 years; and eliminating "stacking" for firearm offenses, meaning that prosecutors cannot add sentencing enhancements to individuals who may possess a firearm while committing their first federal offense. The bill now goes back to the House, which is expected to easily pass, and then to the desk of President Trump, who has vowed to sign it.

Categories: Mandatory Minimums

Chronicle AM: Bill Barr's Drug Warrior Past, Iran Warns Sanction Could Bring "Deluge of Drugs," More... (12/10/18)

Mandatory Minimum Sentencing (STDW) - Mon, 12/10/2018 - 22:11

Trump's sanctions could come back to bite us, Iran warns; Trump's new attorney general pick has some solid drug warrior credentials, the WHO postpones a recommendation on marijuana scheduling, and more.

[image:1 align:left caption:true]Medical Marijuana

Florida Governor-Elect to End Former Governor's Court Battles Over Medical Marijuana. Incoming Gov. Ron DeSantis (R) is parting ways with his predecessor, Rick Scott (R), when it comes to medical marijuana. A spokesman for DeSantis said last Friday that he is unwilling to continue Scott's court battles over the state's voter-approved medical marijuana law. "He is not interested in continuing that fight. I think he has a different perspective than Governor Scott," said spokeswoman Jeannette Nunez. "I think he wants the will of the voters to be implemented."

Foreign Policy

US Sanctions Could Lead to "Deluge of Drugs," Iran Warns. If US sanctions imposed by the Trump administration weaken Iran's ability to contain the opium trade from neighboring Afghanistan, the result could be a "deluge" of drugs, President Hassan Rouhani warned in a speech carried on state television last Friday. "I warn those who impose sanctions that if Iran's ability to fight drugs and terrorism are affected... you will not be safe from a deluge of drugs, asylum seekers, bombs and terrorism, Rouhani said. "We spend $800 million a year to fight drugs which ensures the health of nations stretching from of Eastern Europe to the American West and North Africa to West Asia. Imagine what a disaster there would be if there is a breach in the dam," Rouhani said. "We don't expect the West to pay their share, but they should know that sanctions hurt Iran's capacity to fight drugs and terrorism."

Law Enforcement

Trump's New Attorney General Pick Has Record as Drug Warrior. The president's pick to be the new attorney general, former Attorney General William Barr, may be less hostile to marijuana than Jeff Sessions, but as attorney general under George HW Bush, he pushed hard for more incarceration of drug offenders. More recently, he wrote a 2015 letter defending the criminal justice system as not in need of serious reform and defending mandatory minimum sentencing in particular, while encouraging Congress not to act on a sentencing reform bill. "It's hard to imagine an Attorney General as bad as Jeff Sessions when it comes to criminal justice and the drug war, but Trump seems to have found one," Michael Collins, director of national drug affairs for the Drug Policy Alliance, said in a press release. "Nominating Barr totally undermines Trump's recent endorsement of sentencing reform."

International

WHO Postpones Recommendation for Rescheduling Marijuana. Saying it needed more time to review findings, the World Health Organization (WHO) postponed making any recommendation on rescheduling marijuana. The recommendation was expected to be made at last Friday at the Commission on Narcotic Drugs meeting in Vienna, but that didn't happen. No new date has been provided.

Mexico's New Government Takes Aim at Cartel Finances. Mexican Financial Intelligence Unit head Santiago Nieto announced last Thursday that he had filed a complaint against three businesses and seven people linked to the Jalisco New Generation cartel. Nieto said that was only the opening salvo in the fight to stop organized crime from flourishing with impunity.

Categories: Mandatory Minimums
Syndicate content