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Mandatory Minimum Sentencing (STDW)

Chronicle AM: The Case of the Dead ND Student Snitch, Brit Police Force De Facto Decriminalizes, More (7/21/15)

Tue, 07/21/2015 - 21:29

There will be an open container law for weed in Washington state, Rep. Earl Blumenauer (D-OR) files a bill to expunge some federal marijuana offense records, cops in one British county effectively decriminalize small-time marijuana offenses, there's a mystery surrounding a dead North Dakota student informant, and more.

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

Congressman Introduces Federal Clean Slate for Marijuana Offenses Act. Rep. Earl Blumenauer (D-OR) today introduced a bill designed to expunge federal marijuana offenses that are no longer illegal in a number of states. The Clean Slate for Marijuana Offenses Act of 2015 would clear the records of those federally charged with state-legal marijuana activity and those federally charged with possession of less than an ounce. It's not yet up on the congressional web site. Activists said its effects would be mainly symbolic.

Marijuana Legalization Money Being Raised in Maine. There are two competing legalization campaigns in the state, and both are fundraising. The Marijuana Policy Project-affiliated Campaign to Regulate Marijuana Like Alcohol has raised $104,166 so far this year, with $50,000 coming from MPP in June, while Legalize Maine has raised $55,575.

Washington State Has Open Container Law for Marijuana. Effective September 26, drivers will be required to store their weed in the trunks of their vehicles in an unopened container, or in a part of the passenger compartment "not normally occupied or directly accessible by" the driver or passengers. That's a provision of House Bill 1276, which Gov. Jay Inslee (D) signed into law on June 30. Medical Marijuana 

Michigan Panel Defers Decision on Medical Marijuana for Autism. The Michigan Medical Marijuana Review Panel postponed action on recommending whether or not autism should be a qualifying condition for medical marijuana. The panel said it wanted more time to review the evidence.

Sentencing

Federal Prosecutors Really Want Their Mandatory Minimums. Although only a tiny fraction of federal drug crimes involve violence, federal prosecutors are demanding that their mandatory minimum sentences be left unchanged. National Association of Assistant US Attorneys head Steve Cook warns that it would be "a huge mistake" to change federal sentencing laws. "The federal criminal justice system is not broken," he added, claiming that "drug trafficking is inherently violent." Oddly enough, only 142 of more than 20,000 federal drug offenses prosecuted last year involved violence or threats of violence. Cook also wants more prisons, calling them "a good investment."

Law Enforcement

Did a North Dakota Student Get Killed After Campus Cops Turned Him Into a Snitch? The Minneapolis Star-Tribune has a lengthy piece on the case of Andew Sadek, who went missing two weeks before graduation last year. His body was later found in the Red River with a bullet wound to the head and a backpack full of rocks. He had been busted for small-time marijuana sales on campus and agreed to become an informant for campus police. No one has been charged in his death, and police aren't even certain if it was a homicide or a suicide. Read the whole thing.

International

British Police Force Quits Trying to Find Small Pot Grows. The police in County Durham and Darlington are giving up on proactively tracking down small marijuana grows in a de facto move toward decriminalization. Durham Police and Crime Commissioner Ron Hogg said police there will also offer people caught with small amounts of weed to avoid criminal prosecution by entering a program aimed at ending low-level offending. "By and large we are saying it is not the top of our list to go out and try to pick up people smoking joints on street corners but if it's blatant or we get complaints, officers will act," Hogg said. "It's about keeping people out of the criminal justice system and reducing costs, it's about being more productive with the way we approach things. It's also about seeking to prevent future use by keeping people out of prison."

Categories: Mandatory Minimums

Obama Calls for Greater Criminal Justice Reforms [FEATURE]

Wed, 07/15/2015 - 22:53

In a 45-minute speech at the NAACP convention in Philadelphia Tuesday, President Obama laid out a far-reaching roadmap for criminal justice reform, including calls for reducing or eliminating mandatory minimum sentences, reviewing the use of solitary confinement, and eliminating barriers to reentry for former prisoners.

[image:1 align:right caption:true]The president has touched on many of the themes before, but the Philadelphia speech was the first time he tied them all together into a plan for action. The speech likely signals upcoming executive actions on criminal justice reform.

Obama recited the by now well-known statistics demonstrating American's over-reliance on incarceration: America is home to 5% of world's population but 25% of world's prisons; that African Americans and Latinos make up 30% of the U.S. population, but 60% of American inmates; that one out of three black men are now likely to serve time in prison, among others.

While the United States has 2 ½ million people behind bars, only about 200,000 of them are in the federal prison system that Obama has the ability to impact. Of those, 98,000 are doing time for drug offenses.

He used those stats to bolster his case for broad criminal justice reform, calling the criminal justice system an "injustice system."

"Any system that allows us to turn a blind-eye to hopelessness and despair, that's not a justice system, that's an injustice system," Obama said. "Justice is not only the absence of oppression, it's the presence of opportunity."

Washington has seen limited criminal justice reform during the Obama years, particularly with legislation partially undoing the crack-powder cocaine sentencing disparity and later actions making it retroactive. Then-Attorney General Eric Holder signaled to federal prosecutors that they should move away from mandatory minimums, and the Obama administration has asked federal drug prisoners to seek sentence commutations.

At the convention, Obama also touted initiatives including the Department of Justice's Smart on Crime program aimed at reducing the impact of our harsh laws, My Brother's Keeper, and the Clemency Project.

The president commuted the sentences of 46 drug offenders on Monday, and applications from some 30,000 more are in the pipeline.

Obama said the time was ripe for further reforms, citing bipartisan interest in the issue, and even mentioning the Koch Brothers and Kentucky Republican Sen. Rand Paul as allies in the fight. They made "strange bedfellows" with Democrats and the NAACP, he said, but that's what sometimes happens in politics.

"We're at a moment when some good people in both parties, Republicans and Democrats, and folks all across the country are coming together around ideas to make the system work smarter. To make it work better and I'm determined to do my part, wherever I can," Obama said a day earlier in announcing the sentence commutations.

On Thursday, Obama will continue his criminal justice-themed week with a visit to the federal prison in El Reno, Oklahoma -- the first visit ever to a federal prison by a sitting president. He is expected to meet with inmates there, and he told the NAACP crowd he met with four former prisoners -- one white, one Latino, and two black -- before taking to the podium there.

Categories: Mandatory Minimums

Chronicle AM: Obama Calls for More Criminal Justice Reforms, Israeli Knesset Pot Brouhaha, More (7/15/15)

Wed, 07/15/2015 - 21:05

The president gives a major speech calling for greater criminal justice reform, there's a revised version of a California marijuana legalization initiative, North Carolina is moving to ban new synthetic drugs, the Israeli Knesset squabbles over marijuana policy, and more.

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

Second Version of California Marijuana Control, Legalization, and Revenue Act Filed. The folks behind the initiative have revised and updated it. This is one of four legalization initiatives already filed. Everyone is still waiting for one from the California Coalition for Cannabis Policy Reform to drop. To read the latest version of the Marijuana Control, Legalization, and Revenue Act, click on the title link.

New Synthetic Drugs

North Carolina Set to Ban N-Bomb, Other New Synthetics. A bill that would make the synthetic drug NBOMe (N-Bomb) and other designer drugs illegal is one vote away from passage. House Bill 341 would add 12 known variants of NBOMe to the state's Schedule I list. It would also add methoxetamine, a synthetic form of ketamine often marketed as Special K, and acetyl fentanyl, a synthetic form of the opioid fentanyl. Variants of methylphenidate (Ritalin) would also be banned, and some recent synthetic cannabinoids, too. The bill has passed the House and now awaits a final Senate floor vote.

Criminal Justice

President Obama Calls for Greater Criminal Justice Reform. In a speech before the NAACP Tuesday, Obama called for reducing or eliminating mandatory minimum sentences for nonviolent drug crimes, reconsidering solitary confinement, increased reentry programs for people leaving prison, and an end to asking about criminal histories on job applications. He also called on Congress to pass sentencing reform legislation by year's end. Click on the link for much more.

Drug Testing

Wisconsin Challenges Federal Ban on Food Stamp Drug Testing. The state attorney general Tuesday filed a lawsuit against the federal government seeking to clarify whether federal law would allow the state to drug test food stamp recipients. Gov. Scott Walker (R) earlier this week signed a measure to do so into law. The US Agriculture Department says that drug testing food stamp recipients is not allowed, but Attorney General Brad Schimel (R) said that policy is contrary to federal law that allows states to test them.

International

Israeli Knesset Members Boycott Marijuana Policy Meeting to Protest "Pro-Legalization" Views of Panel Head. Most members of the Knesset Committee on Drug and Alcohol Abuse failed to show up for a committee meeting on "progressive cannabis policies" Tuesday, saying they were protesting the pro-legalization stance of committee chair Tamar Zandberg of the Meretz Party. Conservative MPs accused Zandberg of "turning [the committee] into the caucus to promote cannabis... instead of the goal for which the committee was formed: to fight drug abuse and drug-related crimes, rehabilitation of users, and public campaigns to prevent drug and alcohol abuse in general and especially among youth." Zandberg was unbowed. "I support legalization and I have never hidden it, and I plan to lead the committee with up-to-date and relevant discussions based on data," she added. "The committee will seriously deal with a long line of topics, including medical marijuana, dealing with alcoholism, and trying to change the policy of criminalizing cannabis." She accused the protesting members of being a "nature reserve of moralizers."

(This article was prepared by StoptheDrugWar.org's lobbying arm, Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Categories: Mandatory Minimums

Chronicle AM: Court Says Dispensaries Can't Take Biz Expenses, CT Sentencing Reform Becomes Law, More (7/10/15)

Fri, 07/10/2015 - 22:11

Nearly half the country thinks roads will be less safe with pot legalization, researchers debunk the gateway theory... again, applicants pile up for medical marijuana programs in Florida and New York, Connecticut's governor signs a bill doing away with mandatory minimums for drug possession, and more.

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

Gateway Theory Debunked… Again. A new study in the American Journal of Drug and Alcohol Abuse has found that while marijuana use may typically precede the use of other drugs, there is no evidence it causes people to move on to them. Teens smoke pot for specific reasons, the researchers found, and it is those reasons -- not marijuana use itself -- that prompt them to try other drugs as well. Kids who smoke pot because they are bored are more likely to try cocaine, while teens who smoke pot for personal insights are more likely to try psychedelics. "We found that marijuana use within itself wasn't a risk factor for use of other drugs," said lead author Joseph Palamar, an assistant professor in the New York University Langone Medical Center's department of population health. "People do generally use marijuana before other drugs, but that doesn't mean marijuana is a cause of [using] those other drugs." The study was based on data from the annual Monitoring the Future study of American high school students.

Gallup Poll: 47% Say Marijuana Makes Roads Less Safe. Public attitudes toward marijuana and driving are fairly evenly split, with 47% saying it would make the roads less safe and 50% saying it would make no difference, according to a Gallup Poll released today. The poll results present a potential point of attack for legalization opponents, who have increasingly resorted to fears of drugged driving as other arguments against legalization have evaporated. But as Gallup notes, "… these data may defuse arguments that increased legalization across the US will influence driver safety. With just 30% of Americans currently saying that an increase in legal marijuana would make driving a lot less safe, and 50% saying it will not make much difference, the pro-legalization forces may have an advantage." Click on the link for more details and methodological notes.

Alaska Marijuana Industry Trade Group Forms. The Alaska Marijuana Industry Association formally announced its existence Thursday at an Anchorage press conference. The nonprofit group intends to represent marijuana business owners in the state, once those businesses are licensed.

Medical Marijuana

Federal Appeals Court Rules Dispensaries Can't Deduct Business Expenses. The 9th US Circuit Court of Appeals has ruled that they can't take the deductions because their product is prohibited under federal law. The ruling came in the case of the embattled Vapor Room dispensary, whose owner had claimed $650,000 in business expenses in 2004 and 2005. The IRS balked, and now the appeals court has sided with the IRS.

Florida CBD Cannabis Oil Grow Program Gets 24 Applicants. Some 24 commercial plant nurseries have applied for state licenses to grow marijuana and produce CBD cannabis oil to treat epilepsy and other medical conditions. The state is divided into five regions, and only one license will be awarded for each region.

New York Medical Marijuana Program Gets 43 Applicants. Nearly four dozen companies have applied for licenses to grow and distribute medical marijuana under a program approved by Gov. Andrew Cuomo (D). The state Department of Health is expected to decide which applicants will get licenses sometime within the next couple of weeks.

Sentencing

Connecticut Governor Signs Drug Sentencing Reform Bill. Gov. Dannel Malloy (D) signed into law his "Second Chance Society" legislation, which eliminates mandatory minimum sentences for small-time drug possession and caps those sentences at one year. The measure also speeds up the pardon and parole process for nonviolent offenders. About 500 people are estimated to be imprisoned in the state solely for drug possession.

Categories: Mandatory Minimums