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Mandatory Minimum Sentencing (STDW)

Chronicle AM -- April 16, 2014

Wed, 04/16/2014 - 19:54

President Obama commutes a marijuana offender's sentence, organized opposition to a legalization initiative emerges in Alaska, draconian heroin bills are moving in Louisiana, and more. Let's get to it:

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

Denver Crime Rate Drops in First Months of Legal Marijuana Sales. According to crime statistics from the Denver Police, crime is down over the previous year in the first three months of legal marijuana sales there. Violent crime (including homicide, sexual assault, robbery, and aggravated assault) fell by 6.9% in the first quarter of 2014, compared with the same period in 2013. Property crime (including burglary, larceny, auto theft, theft from motor vehicle and arson) dropped by 11.1%.

Alaska Legalization Initiative Gets Organized Opposition. An organized opposition group has emerged to campaign against the Alaska legalization initiative. A group calling itself "Big Marijuana, Big Mistake, Vote No on 2" officially filed with the Alaska Public Offices Commission last week. The group includes only a handful of Alaskans and says it is not affiliated with Project SAM, the anti-legalization group that has been playing up the "Big Marijuana" theme across the country.

Legalization Bill Filed in New Jersey Assembly. Assemblywoman Linda Stender (D-Scotch Plains) and Assemblyman Reed Gusciora (D-Trenton) have filed Assembly Bill 3094 to legalize marijuana. The bill is companion legislation to Senate Bill 1986, which was filed by Sen. Nick Scutari (D-Linden) earlier this session.

Medical Marijuana

Tennessee Legislature Approves CBD Medical Marijuana Study Bill. The House voted 97-0 Monday to approve Senate Bill 2531, which would create a four-year study of the use of CBD cannabis oil in treating intractable seizures. The measure passed the Senate last week, and now goes to the desk of Gov. Bill Haslam (R).

Methamphetamine

Tennessee Senate Passes Pseudoephedrine Restriction Bill. A bill that would restrict non-prescription purchases of OTC cold medications containing pseudoephedrine, a precursor chemical in meth manufacture, passed the Senate Tuesday. The bill would cap purchases at 4.8 grams per month and 14.4 grams per year of allergy and cold medicines like Sudafed that could be bought without a prescription. The Senate version differs from the House version in the allowable amounts. The House version has already passed, too, so the two will have to be reconciled before final passage.

Heroin

Draconian Heroin Bill Passes Louisiana Senate Committee. A bill to increase maximum penalties for heroin offenses from 50 to 99 years received approved Tuesday from the Senate Judiciary Committee. Senate Bill 87, sponsored by Sen. Dan Claitor (R-Baton Rouge), now heads for the Senate floor. Another draconian heroin bill, House Bill 332, sponsored by state Rep. Joe Lopinto (R-Metairie) would double mandatory minimums for heroin use and distribution. The full House passed that bill 94-1, and it will now be heard in the Senate.

Sentencing

President Obama Commutes Sentence for Marijuana Offender. President Obama Tuesday granted clemency to a marijuana offender sentenced to too much time because of a typographical error. Ceasar Huerta Cantu had been sentenced to 180 months in federal prison for marijuana distribution conspiracy and money laundering. Obama commuted the sentence to 138 months, which is what it would have been had his initial sentence been calculated correctly. That means Huerta will get out more than three years early. Obama commuted only one sentence in his first term but has been using the power more in his second.

International

Mexico Anti-Cartel Militias Refuse to Lay Down Arms. The so-called autodefensa militias in the southwest Mexican state of Michoacán -- which took up arms against the Knights Templar cartel more than a year ago -- are now refusing the government's demand to put down their weapons. The government had allowed them to keep their arms and integrate into the security forces, but early this month, announced its intention to disarm all civilians in the state. But the militias say they will disband only once the leaders of the Knights Templar Cartel are killed or arrested. "We prefer to die at the hands of the government than at the hands of a goddamned son of a bitch who dismembers and butchers you -- without releasing even a fingernail to your family. Because, that's what the criminals do," one militia leader told VICE News.

Categories: Mandatory Minimums

US Sentencing Commission Votes to Cut Drug Sentences [FEATURE]

Fri, 04/11/2014 - 19:53

The US Sentencing Commission (USSC) voted unanimously Thursday to reduce sentences for most federal drug trafficking defendants. The move comes as the federal prison population continues to increase, driven in large part by drug offenders, even as prison populations in the states are on the decline.

[image:1 align:left]In the past decade, in many states, the harsh Reagan-era war on drugs approach to drug use and trafficking has given way to smarter approaches geared toward diversion and treatment of drug offenders, but when it comes to reforms, the federal system has lagged behind.

Passage of the Fair Sentencing Act in 2010, which reduced -- but did not eliminate -- the sentencing disparity between crack and powder cocaine offenders, was a step in the right direction. And passage of the Smarter Sentencing Act (House Resolution 3382/Senate Bill 1410), which has already been approved by the Senate Judiciary Committee and is pending in the House, would be another.

That bill, which is supported by the administration, would direct federal judges to not sentence some drug offenders to mandatory minimum sentences, reduce mandatory minimum sentences for other drug offenders, and apply the more lenient crack cocaine sentencing scheme under the Fair Sentencing Act to crack offenders sentenced before it was passed. It also calls on USSC to amend its sentencing guidelines and policy statements for drug offenders to minimize federal prison overcrowding and reduce and prevent racial disparities in sentencing.

But in the meantime, USSC has now, with the administration's support, acted on its own. The commission voted to reduce sentences by amending the federal sentencing guidelines to lower the base offense guidelines in the Drug Quantity Table across various drug types.

The quantity tables place specific quantities of each controlled substance in corresponding sentencing "levels," which in turn contain a range of recommended sentences based on a defendant's criminal history. For instance, under the current guidelines, a drug offense involving at least 10 grams of methamphetamine, but not more than 20 grams, is in sentencing level 18, where the recommended sentence range for an offender with one or no criminal history points is 27-33 months. Under the new guidelines, the same quantity of methamphetamine will be a level 16 offense, which means the recommended sentence range for a first-time offense will be 21-27 months.

The example above is on the low end for federal drug sentences. USSC said the changes would affect about 70% of federal drug trafficking defendants and would result in an average sentence decrease of 11 months. That means the average federal drug trafficking sentence will drop from just over five years to just over four years.

[image:2 align:right caption:true]This commission has concentrated this year of addressing federal prison costs and capacity. It estimates that the changes it approved Thursday will reduce the federal prison population by more than 6,500 over the next five years and have an even greater impact over the long run.

"This modest reduction in drug penalties is an important step toward reducing the problem of prison overcrowding at the federal level in a proportionate and fair manner," said Judge Patti B. Saris, chair of the commission. "Reducing the federal prison population has become urgent, with that population almost three times where it was in 1991."

There are currently more than 216,000 federal prisoners, according to the federal Bureau of Prisons. Slightly more than half (50.1%) are doing time for drug offenses.

Attorney General Holder welcomed the move, calling it "a milestone" in reshaping the way the system deals with drug offenders. He called for Congress to take the next steps.

"It is now time for Congress to pick up the baton and advance legislation that would take further steps to reduce our overburdened prison system," Holder said. "Proposals like the bipartisan Smarter Sentencing Act would enhance the fairness of our criminal justice system while empowering law enforcement to focus limited resources on the most serious threats to public safety. I look forward to continuing to work with lawmakers on both sides of the aisle on these types of common-sense reforms."

[image:3 align:left caption:true]Civil liberties and sentencing reform advocates also pronounced themselves pleased at a step in the right direction.

"We commend the Sentencing Commission for taking this important step toward reforming federal drug sentences," said Julie Stewart, president of Families Against Mandatory Minimums. "This change will save taxpayers money, help to rein in federal prison spending, and bolster the spirits of tens of thousands of federal defendants who are facing impractical and disproportionately long sentences."

"Our country is slowly but steadily reversing the damage done by the failed, racially biased war on drugs," said Jesselyn McCurdy, senior legislative counsel for the American Civil Liberties Union. "The actions taken by the Sentencing Commission today are another positive move toward reducing unnecessarily long sentences that have led to bloated, overcrowded prisons. Our criminal justice system is smarter, fairer, and more humane than it was a year ago, and we need to make sure momentum continues in the right direction."

"This is a terrific, if modest, first step toward genuine sentencing reform for drug offenders," said Mary Price, legal counsel for FAMM and an expert on the Sentencing Commission. "The next step is for Congress to pick up where the Commission left off by passing the Smarter Sentencing Act."

But first, Congress must allow the USSC recommendations to become law. The drug quantity table amendment, along with others approved by the commission, will go to Congress in May. Barring legislative objections, the new guidelines will become law on November 1, 2014.

Unless USSC votes to make the new guidelines retroactive, they will impact only those defendants sentenced after November 1. The commission voted Thursday to conduct a prison impact study before voting on retroactivity.

Categories: Mandatory Minimums

Chronicle AM -- April 11, 2014

Fri, 04/11/2014 - 18:20

A DC marijuana legalization initiative is about to start signature-gathering, we have a trio of state pot polls, the US Sentencing Commission moves to cut drug sentences, German criminal law professors call for marijuana legalization, and more. Let's get to it:

[image:1 align:right]Marijuana Policy

DC Legalization Initiative Signature Gathering to Get Underway. Signature gathering for the District of Columbia marijuana legalization initiative will begin April 23, the DC Cannabis Campaign said this week. The campaign needs 25,000 valid signatures by July 7 to qualify for the November ballot. An Alaska legalization initiative has already qualified for the ballot there; DC and Oregon now look like the best chances for more legalization initiatives qualifying for the ballot this year.

Louisiana Poll Has Support for Legalization at 44%. The 2014 Louisiana Survey has support for marijuana legalization at 44%, with 54% opposed. Support for medical marijuana was much higher, at 79%. The survey is conducted annually by the Public Policy Research Lab, or PPRL, and sponsored by the Reilly Center for Media & Public Affairs in the LSU Manship School of Mass Communication.

New Hampshire Poll Has Support for Legalization at 55%. There is solid majority support for legalization in the Granite State. A new WMUR Granite State Poll found found 55% of adults in the state support legalizing the possession of small amounts of marijuana for personal recreational use. Only 38% oppose legalization. Support for legalization is up seven points in the last 14 months.

Rhode Island Poll Has Support for Legalization at 48%. More Rhode Islanders support legalization than oppose, but it doesn't quite have majority support just yet, according to a new Brown University poll. The survey has 47.6% supporting legalization, with 39.3% opposed.

Rhode Island Report Says State Could Generate Tens of Millions in Legal Marijuana Tax Revenue. Maybe this will get those poll numbers up. A new report from Open Doors, a local criminal justice reform group, estimates that if the state were to pass a tax and regulate legalization bill, it could gain between $21.5 and $82 million in annual tax revenues. A legal marijuana industry would also create hundreds of new jobs in the state, the report found.

Medical Marijuana

Minnesota Medical Marijuana Bill Gets Senate Committee Hearing, No Action Taken. The Senate Committee on Health, Human Services and Housing held a hearing Thursday on a bill that would allow qualified patients to possess up to 2 ½ ounces of marijuana and buy it from a dispensary. But the committee took no action on Senate File 1641, tabling it until legislators return from the Easter/Passover break.

Tennessee Senate Passes CBD Medical Marijuana Study Bill. The Senate Wednesday approved a CBD medical marijuana study bill. The measure would authorize a limited, four-year study of the effectiveness of cannabis oil on certain types of intractable seizures. A vote is pending in the House.

Drug Policy

Rev. Al Sharpton's National Action Network Convention To Address Drug War. The largest civil rights convention of the year has the war on drugs on its agenda. A panel called "Up in Smoke: Banning of Menthol, Legalization of Marijuana & Criminalization of African Americans" will address racial justice and the war on drugs Saturday. The convention started Wednesday and continues through Monday. Click on the link for all the details.

Salvia Divinorum

Rhode Island Bill to Ban Salvia Divinorum, Jimson Weed Advances. A bill that would ban the hallucinogenic drugs salvia divinorum and jimson weed has passed the House. House Bill 7191, sponsored by Rep. Arthur Corvese (D-Providence) seeks to target unregulated substances by prohibiting them. It now goes to the state Senate.

Law Enforcement

Maine Drug War Enhancement Bill Passes House. The House approved an amended version of Gov. Paul LePage's (R) bill to respond to drug problems in the state by increasing drug law enforcement. Legislative Document 1811 was amended by the Criminal Justice and Public Safety Committee to add funding for drug treatment and reduce the number of new drug agents, prosecutors and judges to be hired, but is still opposed by groups like the ACLU of Maine. The bill now moves to the Senate.

NYPD's Most Sued Narc Is Off the Streets. Detective Peter Valentin of Bronx Narcotics is off the streets. Valentin, who has been sued at least 28 times since 2006, and three of his colleagues have been placed on modified duty after an Internal Affair Bureau investigation for taking part in drug raids "of dubious merit." The city has already paid out at least $884,000 to settle lawsuits sparked by Valentin's misbehavior, including a case where a nursing mother spent a week on Rikers Island after Valentin arrested her for drug possession even though she truthfully stated that the powder he found in her home was powdered eggshells, not drugs. Dozens of cases in which Valentin and his crew were involved are now in jeopardy.

Collateral Sanctions

Missouri Could End Lifetime Food Stamp Ban for Drug Offenders. Missouri is one of only 10 states that have not opted out of a lifetime federal ban on food stamps for people with drug felonies, but that could change this year. A bill to end the ban, Senate Bill 680, passed the Senate last week and appears to have bipartisan support in the House. Bill sponsor Sen. Kiki Curls (D-Kansas City) said she accepted amendments imposing some restrictions -- retaining the ban for three-time drug felons, requiring a one-year wait for eligibility -- as necessary to move the bill forward.

Sentencing

US Sentencing Commission Votes to Reduce Guidelines for Drug Sentences. The US Sentencing Commission voted Thursday to reduce sentencing guidelines for certain people convicted of nonviolent drug offenses. The amendment would reduce the average sentence for drug traffickers by 11 months, by lowering the drug sentencing guidelines two levels. Attorney General Eric Holder endorsed the change during testimony before the commission last month. The amendment will go to Congress for its approval on May 1. Congress has six months to introduce and pass legislation to stop the proposed changes before they become law on November 1.

International

German Criminal Law Professors Call for Marijuana Legalization. Over 120 German professors of criminal law are supporting an initiative to legalize cannabis. They have called on the Bundestag to discuss the issue. The professors are part of the "Schildow Circle," founded two years ago by Lorenz Bollinger, professor emeritus of criminal law at Bremen University. Prime Minister Angela Merkel's coalition is skeptical.

Denmark Opens More Safe Injection Sites. Denmark's first safe injection site for hard drug users opened in October 2012. Now there are three in Copenhagen and at least one in each of Denmark's main cities. They have never had a fatal drug overdose on site.

Mexico Intra-Cartel Clashes Leave 28 Dead. At least 28 people have been killed in clashes between rival factions of the Gulf Cartel in northeastern Tamaulipas state since last weekend. Authorities described the fighting as "clashes or score-settling between criminal groups." The fighting comes after the February arrest of local Gulf Cartel leader Javier Garza, "El comandante 14."

Drug Bill in Australia's Capital Territory Will Ban New Drugs, Adjust Quantities That Trigger Dealing Charges. Under legislation proposed yesterday, Australia's Capital Territory (greater Canberra) will increase the quantity of drugs needed to trigger trafficking charges in a bid to separate out users from dealers. The amount of Ecstasy needed to trigger such charges would double, while the amount of cocaine would triple. The bill would also deal with new synthetic drugs by banning them, instead of regulating them, as neighboring New Zealand has done.

Categories: Mandatory Minimums

Smarter Sentencing Act Picks Up More GOP Cosponsors

Wed, 04/09/2014 - 19:11

A sentencing reform measure pending in Congress has picked up more support from four more Republican members of the House this month. The Smarter Sentencing Act (House Resolution 3382/Senate Bill 1410) now has 26 cosponsors, including 10 Republicans. The Senate version of the bill was passed by the Senate Judiciary Committee in January.

[image:1 align:right]The bill, which is supported by the administration, would direct federal judges to not sentence some drug offenders to mandatory minimum sentences, reduces mandatory minimum sentences for other drug offenders, and applies the more lenient crack cocaine sentencing scheme under the 2010 Fair Sentencing Act to crack offenders sentenced before it was passed.

It also calls on the US Sentencing Commission to amend its sentencing guidelines and policy statements for drug offenders to minimize federal prison overcrowding and reduce and prevent racial disparities in sentencing, but at the same time directs that "penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe."

The act is currently before the House Judiciary Committee. Bill sponsor Rep. Raul Labrador (R-ID) recently held a Republican Study Committee session on the bill, which resulted in four new GOP members signing on in one day.

The new cosponsors are Reps. Bill Huizenga (R-MI), Cynthia Lummis (R-WY), Mark Sanford (R-SC), and Chris Stewart (R-UT). For a complete list of sponsors, click here.

Categories: Mandatory Minimums

Chronicle AM -- April 3, 2014

Thu, 04/03/2014 - 19:31

British celebrity chef Nigella Lawson is banned from the US for admitting using coke, decrim dies for the year in Maryland, CBD medical marijuana bills continue to move, the resort to the overdose drug naloxone is spreading rapidly, Guatemala's president wants to legalize marijuana and license poppies for the medical market, and more. Let's get to it:

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

Maryland Decriminalization Bill Killed; Task Force Will Study It Instead. Marijuana decriminalization is dead for the year in Maryland after a bill to do just that -- House Bill 879 -- died without a vote in the House Judiciary Committee. Instead, the committee, led by reform foe Rep. Joe Vallario Jr. (D-Prince Georges), chose to form a task force to study the issue.

Washington State Will Issue First Marijuana Store Licenses by July, Impose Lottery System. Colorado is the only state where you can walk into a store and legally purchase marijuana, but not for long. Washington state regulators announced Wednesday that the first retail marijuana licenses will be issued "no later than the first week of July." The state has already issued licenses to eight growers. After eliminating retail license applications that did not return required documents or were incomplete, the state still has more than a thousand applications for the 334 stores it will allow to open, so it is imposing a lottery system to determine who gets those licenses.

Northern Mariana Islands Senate Ponders Legalization. The Senate of the Commonwealth of the Northern Mariana Islands, a US protectorate, discussed the possibility of legalizing marijuana Wednesday. The Fiscal Affairs Committee touched on legalization when discussing a decriminalization bill, and committee member Sen. Pete Reyes (IN-Saipan) said members had asked the Senate legal counsel to research Colorado's legalization model. "Yes, the committee is tinkering with the idea, whether it's a good idea to legalize it or not. But nothing is final. Nothing is decided," Reyes told The Saipan Tribune.

Medical Marijuana

New Jersey Patient Sues NJ Transit for Denying Him a Job. A former New Jersey Transit worker and medical marijuana patient who was denied a new position with the agency after testing positive for marijuana is suing in hopes of seeing marijuana recognized as a legitimate medication. Charlie Davis, 57, said he was denied both safety sensitive and non-safety sensitive positions with the agency. Courts in other medical marijuana states have generally upheld the rights of employers to fire workers who use medical marijuana even if it is legal.

Illinois Senate Passes CBD Medical Marijuana Bill. A bill that would allow children to use high-CBD cannabis oil to treat epilepsy passed the Senate Wednesday. Filed by Sen. Iris Martinez (D-Chicago), Senate Bill 2636 now heads for the House.

Minnesota TV Ad Attacks Gov. Dayton for Opposing Medical Marijuana. Patients and medical marijuana advocates have unleashed an aggressive TV ad targeting Gov. Mark Dayton (DFL) for standing in the way of medical marijuana legislation. The ad features a St. Paul mother and her seizure-ridden child, whom Gov. Dayton told to just find medical marijuana on the street!

South Carolina House Passes CBD Medical Marijuana Bill. The House Wednesday passed a bill allowing people suffering from severe epilepsy to legally use CBD cannabis oil to control their seizures. House Bill 4803 is less restrictive than a Senate measure passed last week. It's unclear what happens next.

Harm Reduction

Louisiana House Committee Passes Bill to Allow Overdose Reversal Drug. The House Health and Welfare Committee Wednesday passed a bill that would allow first responders to provide the overdose reversal drug naloxone (Narcan). House Bill 754 now heads for a House floor vote.

Every Cop in New York Will Carry Overdose Reversal Drug. Under a new initiative announced today by Attorney General Eric Schneiderman (D), every state and local law enforcement officer in the state will be able to carry with them the overdose reversal drug naloxone (Narcan). The Community Overdose Prevention program will provide police with kits containing two syringes filled with naloxone, two inhalers of the drug, sterile gloves and a booklet on using them. The cost of the kit is roughly $60. Each has a shelf life of about two years.

Some New Jersey Cops to Carry Overdose Reversal Drug. Police throughout Ocean and Monmouth Counties soon will be armed with a drug that can save heroin users from fatal overdose, launching a program officials hope will be adopted statewide in New Jersey. All 32 Ocean County police departments are participating in a pilot program backed by Gov. Christie, who said Wednesday that equipping police with the drug, naloxone (Narcan), would help save lives.

Sentencing

Louisiana House Passes Harsh Heroin Sentencing Bill. The House voted 96-0 Wednesday in favor of a bill that imposes mandatory minimum prison sentence for heroin possession and increases sentences for heroin dealers. But first, it amended House Bill 332 so that, in addition to prison time, heroin users would also have to undergo court-approved drug treatment. Under the bill, heroin possessors would have to do at least two years in prison, while dealers would see their mandatory minimum sentence doubled from five years to 10. The bill now goes to the Senate.

International

Mexican Drug War Victims Criticize Lack of Progress on Tens of Thousands of Cases. Families of drug war victims who were hoping to see concrete policy shifts with the change of administrations a year and a half ago are growing impatient with the lack of progress on tens of thousands of cases of murders and disappearances. An estimated 100,000 Mexicans have been killed since former President Felipe Calderon turned drug prohibition policies into a militarized offensive. The whereabouts of another 26,000 are unknown. They are Mexico's "disappeared". Some are believed to have been kidnapped by criminals, others have vanished after being taken into police custody. Click on the link for the full report.

Guatemalan President Will Present Plan to Legalize Marijuana and License Opium Production. Guatemalan President Otto Perez Molina said Wednesday his country could present a plan before year's end to legalize the production of marijuana and opium poppies. See our news brief today for more detail.

Albanian Cops Try Persuasion in Marijuana-Growing Village. Albanian Police peacefully visited the village of Lazarati this week in a bid to get school children to persuade their parents not to grow marijuana there. Lazarati is described as "a paradise for cannabis growers and criminals," and has been a no-go zone for police for nearly two decades. Villagers in the past have created armed groups to fend off eradication efforts, and even the kids didn't seem too keen on giving up the trade. "If you tell us to convince our parents not to grow cannabis, do you guarantee us that you will provide jobs for them? This is our way of life," one student replied.

British Celebrity Chef Nigella Lawson Denied Entry to US Over Cocaine Use Admission. Nigella Lawson was stopped from boarding a flight from London to the US because of her courtroom confession that she used cocaine. Lawson was never charged with a criminal offense over her confession, but the US can deny travel to foreigners who have committed offenses without being charged.

Categories: Mandatory Minimums

Pew Poll Reveals Seismic Shift in Drug Policy Attitudes [FEATURE]

Wed, 04/02/2014 - 21:49

A new national survey released today by the Pew Research Center provides strong evidence that Americans are undergoing a tectonic shift in their views on drug policy. Not only are Americans convinced that marijuana legalization is coming; a majority supports it, and even larger majorities support a fundamental realignment of our drug policies away from the criminal justice system and toward treatment instead of punishment for hard drug users.

[image:1 align:left caption:true]Among the key findings of the report was that more than six in ten Americans (63%) say that state governments moving away from mandatory prison terms for drug law violations is a good thing, while just 32% say these policy changes are a bad thing. This is a substantial shift from 2001 when the public was evenly divided (47% good thing vs. 45% bad thing). The majority of all demographic groups, including Republicans and Americans over 65 years old, support this shift.

Similarly, two-thirds (67%) say the government should focus more on providing treatment for people who use drugs like cocaine and heroin. Just 26% think the focus should be more on prosecuting people who use such drugs. The poll did not ask if hard drug users should just be left alone barring harm to others.

"Given that the vast majority of Americans don't think people should be prosecuted for drug possession, it's time to ask the question: Why are we still arresting people for nothing more than drug possession?" asked Ethan Nadelmann, executive director of the Drug Policy Alliance.

More than 1.5 million people are arrested in the U.S. every year for a drug law violation. The vast majority -- more than 80% -- are arrested for possession only. Roughly 500,000 Americans are behind bars on any given night for a drug law violation, including more than 55,000 people in state prisons for simple drug possession.

"There's a new consensus that mandatory minimums are no longer appropriate for drug and other nonviolent offenders," said Nadelmann. "This is reflected and confirmed by the growing bipartisan support for rolling back and ending such laws."

The passage of the Fair Sentencing Act in 2010, which reduced, but did not eliminate, sentencing disparities between federal crack and powder cocaine offenders is one example of the emerging reformist consensus. Sentencing reform measures passed by around half the states in the past decade, which have resulted in an absolute decline in state prison populations, have also proven popular with a citizenry increasingly tired of drug war without end.

And President Obama and Attorney General Holder have continued to make a series of moves over the past year indicating that they are serious about reducing mass incarceration and fixing the criminal justice system, including a call from Holder to federal prosecutors to not use mandatory minimum charges if they don't have to.

Likewise, in an otherwise-bitterly-divided Congress, legislators from both sides of the aisle are pushing to reform mandatory minimum drug laws. The reforms are supported by a group of Senators who can only be described as strange bedfellows: Senators Mike Lee (R-Utah), Rand Paul (R-Kentucky), Jeff Flake (R-Arizona), Ted Cruz (R-Texas), Patrick Leahy (D-Vermont), Dick Durbin (D-Illinois), Carl Levin (D-Michigan) and Sheldon Whitehouse (D-Rhode Island).

At the same time, the Pew poll illuminates what has been a major shift in attitudes on whether the use of marijuana should be legal. As recently as four years ago, about half (52%) said they thought the use of marijuana should not be legal; 41% said marijuana use should be legal. Today those numbers are roughly reversed -- 54% favor marijuana legalization while 42% are opposed. Just 16% say it should not be legal for either medical or recreational use.

And no matter respondents' personal feelings for or against marijuana legalization, 75% of them think it is inevitable.

Also, more than two-thirds (69%) said that alcohol was more harmful than marijuana for individuals. And nearly the same number (63%) said alcohol was more harmful to society.

"Leadership is needed to overcome the institutional lethargy and vested interest that have stymied meaningful police and sentencing reform," said David Borden, executive director of StoptheDrugWar.org (publisher of this newsletter). "The policies are counterproductive, and too many otherwise law-abiding people are getting caught up in the justice system because of them."

[image:3 align:left]"It is good to know that despite the DEA's best efforts the American people are getting scientifically accurate information about marijuana, and the fact that it is objectively less harmful than alcohol to both individual health and society at large. The increase in support since last year's poll shows that more and more Americans understand it's simply bad public policy to steer adults toward alcohol by punishing those who prefer marijuana as a less harmful alternative," said Dan Riffle, director of federal policies for the Marijuana Policy Project.

"Now that three-quarters of Americans understand taxing and regulating marijuana is inevitable, the writing is on the wall. Congress needs to read it and move forward with legislation allowing states to choose more effective policies without federal interference," Riffle added.

While Nadelmann also greeted the poll results, he warned that it should not be used as fuel for even more, if softer, expansion of the criminal justice system.

"It's good to see yet another poll confirm the results of other state and national polls showing majority support for legalizing marijuana," he said. "And it's nice to see that Americans overwhelmingly support treatment-instead-of-incarceration. But it's important to recognize that there has been overwhelming support for treatment-instead-of-incarceration for well over a decade now -- and that we've reached the point where the public needs to be better educated about the benefits of providing treatment outside the criminal justice system rather than within and through it. It would be a shame if this latest poll result were used to promote drug courts and other coercive, abstinence-only programs rather than meaningful treatment in the community."

Categories: Mandatory Minimums

Chronicle AM -- March 31, 2014

Mon, 03/31/2014 - 19:30

Garden State municipal prosecutors say legalize it, an Arizona sheriff has to give back medical marijuana seized rom a patient, Colorado wants to crack down on high plant-count patients, Louisiana takes a resolutely last century approach to heroin, Uruguay is going to seriously track its legal weed, and more. Let's get to it:

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

New Jersey Prosecutors Say Legalize It. The New Jersey State Municipal Prosecutors Association has come out in favor of legalizing marijuana possession. The support of the prosecutors association comes as two bills were introduced this month in the legislature. The board of trustees of the municipal prosecutors association on February 21 voted to endorse legalization, said its president, Jon-Henry Barr, who is municipal prosecutor in Kenilworth and Clark.

Poll Shows Virginians Split on Legalization, Strongly Favor Medical Marijuana. A new Quinnipiac poll has Virginians narrowly opposed to legalization, with 46% in favor and 48% opposed. Medical marijuana fares much better, with support at 84%.

Wisconsin Decriminalization Bill Filed. Rep. Evan Goyke (D-Milwaukee) and 10 Democratic cosponsors have introduced a decriminalization bill, Assembly Bill 891. It has been referred to the Assembly Committee on Criminal Justice, but is not expected to go anywhere.

Wisconsin's Dane County (Madison) Votes Tomorrow on Legalization Advisory Referendum. Voters in Dane County, Wisconsin, will vote tomorrow on whether to approve an advisory referendum calling for marijuana legalization. The question was put on the ballot by County Board member Leland Pan.

Vermont Legislature Legalization Debate Killed. An effort to debate a proposal to study the impact of legalization on state revenues died in the state House. The effort came in an amendment to a miscellaneous tax bill from Rep. Kristina Michelsen (D-Hardwick), but was blocked when Rep. Thomas Koch (R-Barre Town) asked House Speaker Shap Smith to rule on whether it was germane. He ruled it wasn't.

Hundreds Rally for Marijuana Reform in Harrisburg. Supporters of medical marijuana, hemp, and decriminalization rallied by the hundreds at the Pennsylvania state capitol in Harrisburg Monday. They called it the Keystone Cannabis Reform Rally.

Medical Marijuana

US Supreme Court Denies Arizona County's Appeal; Sheriff Must Give Back Seized Medical Marijuana. The Supreme Court has refused to overturn Arizona court rulings ordering the Yuma County sheriff to return marijuana that was seized from a woman with a California medical marijuana authorization honored by Arizona.

Oregon Has Now Approved 22 Dispensaries. The Oregon Health Authority reported 14 more dispensaries had been approved by late Friday, on top of the eight approved the previous week.The agency has processed 102 of 301 applications submitted since March 3. A total of 41 applicants have been granted provisional licenses until their security systems are in place, and 39 applications have been denied. Reasons for denial include incomplete information or locations within 1,000 feet of a school or another dispensary.

Nevada Dispensary Rules Finalized. The Legislative Commission approved rules for growing, processing, and selling medical marijuana Friday. Nevada voters approved medical marijuana in 2000 but patients have had no legal way to acquire it other than to grow it. A law approved by the 2013 legislature and signed by Gov. Brian Sandoval set up a taxing and distribution system to make it accessible to patients. It could be late this year or early 2015 before medical pot is available for purchase.

California Federal Court Judge to Hear Motion on Declaring Unconstitutional Marijuana's Schedule I Classification. For the first time, a federal judge has granted a hearing on a motion to declare unconstitutional the continued classification of marijuana in Schedule I. The evidentiary hearing is currently set for June 2 before Federal District Court Judge Kimberly Mueller in Sacramento.

Colorado Health Officials Warn of Crackdown on High Plant-Count Patients. Beginning today, the state Health Department will send out letters to doctors who recommended that patients be allowed to grow elevated plant counts and the patients who benefit, requiring them to provide more documentation on the need for the extra plants. The department also unveiled a proposed bill that would strictly limit medical-marijuana caregivers -- people who grow cannabis for patients who can't grow for themselves -- to serving only five patients and growing no more than six plants per patient. Caregivers can currently apply for a waiver to serve more than five patients. The proposals did not go over well with medical marijuana supporters, with Health Department spokesmen being cursed at and called "fascists" in response.

Massachusetts Municipal Association Releases Report on State Medical Marijuana Law. The Massachusetts Municipal Association has released a report on the state's medical marijuana law, offering several suggestions for local officials trying to navigate it. The report, written by MMA legislative analyst J. Catherine Rollins, touches on the legal right cities and towns have to regulate medical marijuana dispensaries and grow centers. Municipalities, Rollins said, have the power to create zoning bylaws, ordinances, special permits or host community agreements.

Drug Testing

West Virginia Governor Signs Mining Industry Drug Test Reporting Bill. Gov. Earl Ray Tomblin (D) has approved a bill requiring employers in West Virginia's mining industry to report all positive drug and alcohol tests to the Office of Miners' Health, Safety and Training. Prior to this law, which takes effect immediately, mine industry employers were only required to submit test results to the state if a miner was fired. Employers must notify the administration within seven days if an employee tests positive, refuses a urine sample, or has submitted an adulterated sample. Suspect employees will be suspended from work until they appear before a board of appeals. New hires must submit to a pre-employment urine test.

Alabama's Jefferson County (Birmingham) Suspends Employee Drug Testing Program. Mandatory, suspicionless drug testing of all new hires in Jefferson County has been suspended pending an inquiry into whether the program is unconstitutional. Ronald Sims, the court appointed receiver in charge of the county's Human Resources Department, this month halted across-the-board drug tests and medical examinations for new county workers because, Sims said, the drug tests "likely violate individuals' rights to be free from unreasonable searches and seizures guaranteed by the Fourth Amendment to the United States Constitution."

Law Enforcement

Friends, Family of Unarmed Man Killed in Drug Raid Rally in Tulsa. Deandre Starks was shot and killed last week by Tulsa police serving a drug search warrant. On Friday, friends and family members rallied at city hall demanding answers. Starks' mother said she believed her son was murdered. Police said they fired at him after he made a threatening movement, but Vanesta Starks wasn't buying that. "But to know that my son was shot when his hands was up in the air, surrendered. He tripped over a rail and that was the body movement. I know the story. I just want to know if somebody will come tell me why," she said.

Lawsuit Charges "License Plate Profiling" by Idaho Troopers. A 70-year-old Washington man who was arrested and his car searched by an Idaho Highway Patrol trooper solely because he had Colorado plates has filed a federal lawsuit charging "license plate profiling." Both Colorado and Washington are legal marijuana states, while Idaho is one of the most reactionary on marijuana policy. Click on the link for all the tawdry details.

Sentencing

Louisiana Bill Would Jack Up Sentences for Heroin Possession, Sales. A bill moving in the legislature in Baton Rouge would drastically increase prison time for heroin users and dealers, including a mandatory minimum two-year sentence for simple possession. House Bill 332 easily passed out of the House Criminal Justice Committee last week and is attracting bipartisan support, even among lawmakers otherwise skeptical of the "tough-on-crime" policies that have been blamed for Louisiana's nation-leading incarceration rate. The bill would also double the mandatory minimum sentence for heroin distribution from five years to ten.

International

Colombia's FARC Calls for "Humanized" Approach to Drug Policy. Colombia's counterdrug policies must have "a humanized approach in the context of integral agrarian reform" negotiators for the Revolutionary Armed Forces of Colombia (FARC) said in Havana Friday. Forced crop eradication and aerial fumigation are repressive and ineffective, the guerrillas said during ongoing peace talks with the Colombian government. The FARC supports crop substation programs as long as they are "participatory, concerted, gradual, [and] environmentally sustainable."

Uruguay to Track Marijuana from Seed to Stash With Genetic Markers, RTF Tags. Uruguay's drug czar says every legal marijuana plant in Uruguay will be registered and tracked using radio frequency tags, and that state-grown marijuana will be cloned to include genetic markers, making sure that what's grown there stays there. That's a much tougher tracking system than those imposed in Colorado and Washington, which recently legalized marijuana use. Unlike those US states, Uruguay wants authorities to be able to test the pot in any drug user's possession to determine if it came from a registered, legal source.

Jamaican Marijuana Growers Call on Government to Halt Crop Destruction. At a preparatory meeting of the Ganja Future Growers and Producers Association (GFGPA) in Kingston this weekend, some participants called for an immediate end to the destruction of marijuana crops. "Please, Mr. Government, ask you police and the army to stop digging down the world number one brand ganja," Ras Arthur Newland shouted out emphatically. "We believe the persecution and the lock-up for ganja must stop immediately." That's not the official position of the GFGPA, which said it is going to concentrate on winning decriminalization first.

Categories: Mandatory Minimums

Chronicle AM -- March 17, 2014

Mon, 03/17/2014 - 20:51

Alaska state agencies complain that legalization will cost money (and they want some of it), Vermont cops complain the governor is soft on pot, federal prosecutors complain about reforming mandatory minimums, and more. Let's get to it:

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

California Cannabis Hemp Initiative Dead for 2014. The number of active marijuana legalization initiatives in California has dropped to one after the California Cannabis Hemp Initiative failed to qualify for the ballot by its signature-gathering deadline. That leaves only the Marijuana Control, Legalization & Revenue Act, which, barring a miracle, isn't going to make the ballot, either. It needs 504,000 valid voter signatures by April 18, but only has 10,000. The big money is waiting for 2016 in California.

FBI Refuses to Do Washington State Marijuana Industry Background Checks. The FBI is refusing to do criminal history background checks on people applying for legal marijuana licenses in Washington state, even though it has done such checks in Colorado. The agency has balked for the past year at requests from state officials, and refused to tell the Associated Press why. The state has issued three licenses so far; for those, they relied on background checks by the Washington State Patrol, which would catch in-state criminal convictions, but might miss out-of-state ones.

Alaska Agencies Claim Legalization Will Cost Millions. In a new report, Alaska state agencies said that if the marijuana legalization initiative passes there, it will cost the state between $3.7 million and $7 million to implement and enforce the new law. Included in that figure are law enforcement requests for "at least three additional Alaska State Trooper positions to target the illegal diversion and exportation of marijuana lawfully cultivated in Alaska" and nearly $1.5 million for a media campaign to warn of stoned driving and training for troopers to recognize when a driver is high. The report doesn't address increased tax revenues from legalization.

Vermont Cops Accuse Governor of Being Soft on Pot. The Vermont Association of Chiefs of Police, Vermont Sheriffs Association and the Vermont Police Association said in a press release Friday that they are united against efforts for marijuana legalization and that, while they have previously expressed concern about Gov. Peter Shumlin's (D) "tolerance of marijuana," their concerns had been ignored. They also called marijuana "a gateway drug."

Washington Legislature Approves Sale of Hash and Hash Oil. The state legislature has approved a bill that would legalize the sale of hashish and hash oil at state-licensed marijuana retail outlets.House Bill 2304 now goes to the desk of Gov. Jay Inslee (D).

Medical Marijuana

HHS Gives Go-Ahead for MAPS PTSD Research Study. The federal Department of Health and Human Services granted permission Thursday for the Multidisciplinary Association for Psychedelic Studies (MAPS) to purchase research-grade marijuana from the National Institute on Drug Abuse (NIDA) for its planned study of marijuana for symptoms of PTSD. MAPS notes that this is the first time in the 22 years it has been trying to start marijuana drug research that it has actually won permission to purchase marijuana from NIDA. It's not quite a done deal yet, though; the DEA still as to approve. MAPS said it was "optimistic" DEA would do so.

Florida Poll Shows Strong Support for Initiative. A University of North Florida poll released Monday has the state's medical marijuana amendment initiative well-positioned to win in November. The initiative has already qualified for the ballot. The poll had 74% of registered voters planning to vote for it. Because it is a constitutional amendment, it will need 60% approval to pass.

Iowa Poll Has Support for Medical Marijuana at 81%. In a new Quinnipiac Poll, 81% of Iowa voters said they would support "allowing adults in Iowa to legally use marijuana for medical purposes if their doctor prescribes it." Even among Republicans, 68% agreed. That's in sharp contrast to a recent Iowa Poll that had only 59% supporting "legalizing marijuana for medicinal purposes."

Michigan Chamber of Commerce Wants No Jobless Benefits for Fired Medical Marijuana Users. Michigan's leading business group is urging the state appeals court to rule out jobless benefits for people who are fired for using medical marijuana. The move comes as the court weighs the cases of people who sought benefits after being fired for using medical marijuana. Lower court judges have ruled in favor of the workers, who argued that they shouldn't be denied benefits after losing their jobs for using marijuana legally under state law.

Arkansas Medical Marijuana Initiative Has 15% of Necessary Signatures. A signature-gathering campaign to put medical marijuana on the November ballot has collected about 15% of the signatures needed to qualify, Arkansans for Compassionate Care said on Thursday. The initiative is one of two gathering signatures this year. It has until July 7 to hand in 62,000 qualified signatures, and has about 10,000 so far.

Nevada Board of Health Approves Dispensary Regulations. The Board of Health gave its approval Friday to rules to regulate new dispensaries. The next and final step is approval by a legislative commission on March 28. A 2013 law allowing dispensaries goes into effect April 1. But even then, there will be a 45-day notice announcing the date applications will be accepted. Once the application period opens, there will only be a 10-day window for accepting them. After the application period closes, the state must make a decision on each application within 90 days of receiving it. And then dispensaries have to grow their supply. Maybe by year's end…

Drug Policy

House Passes Bill to Force President to Enforce Federal Drug Laws. The Republican-controlled US House last week passed the Enforce the Law Act (House Resolution 4138), which would allow Congress to sue the president for failing to execute federal laws. While the bill is a broad attack on the Obama administration, one key supporter, Rep. Bob Goodlatte (R-VA), singled out the "selective non-enforcement" of part of the Controlled Substance Act in medical marijuana and legal marijuana states as a major concern. Democratic Senate Majority Leader Harry Reid (D-NV) said the bill was "dead on arrival" in the Senate.

Law Enforcement

Nevada County Settles Up in Interstate-80 Cash Seizure Cases. Humboldt County, Nevada, where sheriff's deputies developed a habit of stopping travelers on I-80 and seizing their cash through threats of arrest or impoundment even though no drugs were found, has settled a lawsuit over the practice. Two men from whom thousands of dollars were taken sued and have won their money back and attorneys' fees. The county District Attorney's Office also said Friday it had launched an internal review of the county's "forfeiture program," but that it had seen no evidence of illegal stops or other wrongdoing on the part of Sheriff Ed Kilgore or his deputies. The lawsuits claimed the cash seizures were part of a pattern of stopping drivers for speeding as a pretext for drug busts in violation of the Constitution.

Illinois Bill to Ban Kratom Filed. Rep. Dennis Reboletti (R-Elmhurst) has filed a bill to outlaw kratom, a Southeast Asian herb with psychoactive properties. The plant is not banned federally, although the DEA has it on its list of "drugs of concern." Indiana is the only state so far to have criminalized it, designating its active ingredients as controlled substances. The Illinois bill is House Bill 5526.

Sentencing

Some Federal Prosecutors Oppose Eliminating Mandatory Minimums. Attorney General Holder's move to eliminate mandatory minimum sentences for most drug offenders is running into flak from some prosecutors, The Washington Post reported Thursday. They complained that "tough sentencing policies provide a critical tool to dismantle drug networks by getting cooperation from lower-level defendants and building cases that move up the criminal chain of command." The prosecutors spoke out at a hearing of the US Sentencing Commission where Holder endorsed changing federal sentencing guidelines to reduce drug sentences in most cases.

International

NGOs to Address Inter-American Human Rights Commission on Drug Policy and Human Rights. For the first time, the Inter-American Human Rights Commission has granted an audience to hemispheric civil society groups to address the impact of the war on drugs on human rights in the Americas. The audience will take place in Washington, DC, on March 25. Click on the link to see the impressive list of organizations that will participate.

Jamaican Rastas Want Legal Marijuana Monopoly. The newly formed Westmoreland Hemp and Ganja Farmers Association said licenses to grow and sell marijuana upon legalization should be limited to Rastafarians and other poor people, who have been victimized for decades for cultivating the herb. "We will not stand by and watch anybody outside of Rastafari and grassroots people take over this product. And we make no apology," association President Ras Iyah V declared during his address at the launch of the organisation at the MXIII Lawn in Negril on Sunday night. "We are saying this loud and clear to the Government, we are saying it to society, and we are saying it to the international community. Otherwise, we will take to the streets and turn Jamaica upside down -- and we make no apology. Because we not going take baton lick and brutality and all of a sudden now when the legalization aspect come, a some rich people come tek it ova -- people who used to scoff and scorn at the very mention of the herb name ganja," he added. "The WHGFA's objectives are to make sure that those who have paid the price -- who have been going to jail, going to prison, getting the baton licks, who have been planting the herb and it get cut down by police and soldiers, and yet have been persistent with this product -- that the rights of these individuals are protected."

Mexico Moves to Rein In Anti-Cartel Vigilantes. Leery of having created a Frankenstein monster, Mexican authorities moved last week to put anti-cartel vigilante groups on notice that their illegal tactics will no longer be tolerated. Locals who saw the vigilantes as saviors from cartel extortion and threats now complain of similar behavior from the vigilantes, and the government says it now no longer needs them. Several vigilante leaders have been arrested on murder and other charges.

Categories: Mandatory Minimums

"The New Jim Crow" Author Michelle Alexander Talks Race and Drug War [FEATURE]

Mon, 03/10/2014 - 21:41

On Thursday, Michelle Alexander, author of the best-selling and galvanizing The New Jim Crow: Mass Incarceration in the Age of Colorblindness sat down with poet/activist Asha Bandele of the Drug Policy Alliance to discuss the book's impact and where we go from here.

[image:1 align:right caption:true]The New Jim Crow has been a phenomenon. Spending nearly 80 weeks on The New York Times bestseller list, it brought to the forefront a national conversation about why the United States had become the world's largest incarcerator, with 2.2 million in prison or jail and 7.7 million under control of the criminal justice system, and African American boys and men -- and now women -- making up a disproportionate number of those imprisoned. Alexander identified failed drug war policies as the primary driver of those numbers, and called for a greater challenge to them by key civil rights leaders.

It's now been nearly four years since The New Jim Crow first appeared. Some things have changed -- federal sentencing reforms, marijuana legalization in two states -- but many others haven't. Alexander and Bandele discuss what has changed, what hasn't, and what needs to, raising serious questions about the path we've been down and providing suggestions about new directions.

Audio of the conversation is online here, and a transcript follows here:

Asha Bandele: The US has 5% of the world's population, but has 25% of the world's incarcerated population, and the biggest policy cause is the failed drug war. How has the landscape changed in the last four years since The New Jim Crow came out?

Michelle Alexander: The landscape absolutely has changed in profound ways. When writing this book, I was feeling incredibly frustrated by the failure of many civil rights organizations and leaders to make the war on drugs a critical priority in their organization and also by the failure of many of my progressive friends and allies to awaken to the magnitude of the harm caused by the war on drugs and mass incarceration. At the same time, not so long ago, I didn't understand the horror of the drug war myself, I failed to connect the dots and understand the ways these systems of racial and social control are born and reborn.

But over last few years, I couldn't be more pleased with reception. Many people warned me that civil rights organizations could be defensive or angered by criticisms in the book, but they've done nothing but respond with enthusiasm and some real self-reflection.

There is absolutely an awakening taking place. It's important to understand that this didn't start with my book -- Angela Davis coined the term "prison industrial complex" years ago; Mumia Abu-Jamal was writing from prison about mass incarceration and our racialized prison state. Many, many advocates have been doing this work and connecting the dots for far longer than I have. I wanted to lend more credibility and support for the work that so many have been doing for some, but that has been marginalized.

I am optimistic, but at the same time, I see real reasons for concern. There are important victories in legalizing marijuana in Colorado and Washington, in Holder speaking out against mandatory minimums and felon disenfranchisement, in politicians across the country raising concerns about the size of the prison state for the first time in 40 years, but much of the dialog is still driven by fiscal concerns rather than genuine concern for the people and communities most impacted, the families destroyed. We haven't yet really had the kind of conversation we must have as a nation if we are going to do more than tinker with the machine and break our habit of creating mass incarceration in America.

Asha Bandele: Obama has his My Brother's Keeper initiative directed at black boys falling behind. A lot of this is driven by having families and communities disrupted by the drug war. Obama nodded at the structural racism that dismembers communities, but he said it was a moral failing. He's addressed race the least of any modern American president. Your thoughts?

[image:2 align:left]Michelle Alexander: I'm glad that Obama is shining a spotlight on the real crisis facing black communities today, in particular black boys and young men, and he's right to draw attention to it and elevate it, but I worry that the initiative is based more in rhetoric than in a meaningful commitment to addressing the structures and institutions that have created these conditions in our communities. There is a commitment to studying the problem and identifying programs that work to keep black kids in school and out of jail, and there is an aspect that seeks to engage foundations and corporations, but there is nothing in the initiative that offers any kind of policy change from the government or any government funding of any kind to support these desperately needed programs.

There is an implicit assumption that we just need to find what works to lift people up by their bootstraps, without acknowledging that we're waging a war on these communities we claim to be so concerned about. The initiative itself reflects this common narrative that suggests the reasons why there are so many poor people of color trapped at the bottom -- bad schools, poverty, broken homes. And if we encourage people to stay in school and get and stay married, then the whole problem of mass incarceration will no longer be of any real concern.

But I've come to believe we have it backwards. These communities are poor and have failing schools and broken homes not because of their personal failings, but because we've declared war on them, spent billions building prisons while allowing schools to fail, targeted children in these communities, stopping, searching, frisking them -- and the first arrest is typically for some nonviolent minor drug offense, which occurs with equal frequency in middle class white neighborhoods but typically goes ignored. We saddle them with criminal records, jail them, then release them to a parallel universe where they are discriminated against for the rest of their lives, locked into permanent second-class status.

We've done this in the communities most in need our support and economic investment. Rather than providing meaningful support to these families and communities where the jobs have gone overseas and they are struggling to move from an industrial-based economy to a global one, we have declared war on them. We have stood back and said "What is wrong with them?" The more pressing question is "What is wrong with us?"

Asha Bandele: During the Great Depression, FDR had the New Deal, but now it seem like there is no social commitment at the highest levels of government. And we see things like Eric Holder and Rand Paul standing together to end mandatory minimums. Is this an unholy alliance?

Michelle Alexander: We have to be very clear that so much of the progress being made on drug policy reflects the fact that we are at a time when politicians are highly motivated to downsize prisons because we can't afford the massive prison state without raising taxes on the predominantly white middle class. This is the first time in 40 years we've been willing to have a serious conversation about prison downsizing.

But I'm deeply concerned about us doing the right things for the wrong reasons. This movement to end mass incarceration and the war on drugs is about breaking the habit of forming caste-like systems and creating a new ethic of care and concern for each of us, this idea that each of us has basic human rights. That is the ultimate goal of this movement. The real issue that lies at the core of every caste system ever created is the devaluing of human beings.

If we're going to do this just to save some cash, we haven't woken up to the magnitude of the harm. If we are not willing to have a searching conversation about how we got to this place, how we are able to lock up millions of people, we will find ourselves either still having a slightly downsized mass incarceration system or some new system of racial control because we will have not learned the core lesson our racial history is trying to teach us. We have to learn to care for them, the Other, the ghetto dwellers we demonize.

Temporary, fleeting political alliances with politicians who may have no real interest in communities of color is problematic. We need to stay focused on doing the right things for the right reasons, and not count as victories battles won when the real lessons have not been learned.

Asha Bandele: Portugal decriminalized all drugs and drug use has remained flat, overdoses been cut by a third, HIV cut by two-thirds. What can we learn from taking a public health approach and its fundamental rejection of stigma?

Michelle Alexander: Portugal is an excellent example of how it is possible to reduce addiction and abuse and drug related crime in a non-punitive manner without filling prisons and jails. Supposedly, we criminalize drugs because we are so concerned about the harm they cause people, but we wind up inflicting far more pain and suffering than the substances themselves. What are we doing really when we criminalize drugs is not criminalizing substances, but people.

I support a wholesale shift to a public health model for dealing with drug addiction and abuse. How would we treat people abusing if we really cared about them? Would we put them in a cage, saddle them with criminal records that will force them into legal discrimination the rest of their lives? I support the decriminalization of all drugs for personal use. If you possess a substance, we should help you get education and support, not demonize, shame, and punish you for the rest of your life.

I'm thrilled that Colorado and Washington have legalized marijuana and DC has decriminalized it -- these are critically important steps in shifting from a purely punitive approach. But there are warning flags. I flick on the news, and I see images of people using marijuana and trying to run legitimate businesses, and they're almost all white. When we thought of them as black or brown, we had a purely punitive approach. Also, it seems like its exclusively white men being interviewed as wanting to start marijuana businesses and make a lot of money selling marijuana.

I have to say the image doesn't sit right. Here are white men poised to run big marijuana businesses after 40 years of impoverished black kids getting prison time for doing the same thing. As we talk about legalization, we have to also be willing to talk about reparations for the war on drugs, as in how do we repair the harm caused.

With regard to Iraq, Colin Powell said "If you break it, you own it," but we haven't learned that basic lesson from our own racial history. We set the slaves free with nothing, and after Reconstruction, a new caste system arose, Jim Crow. A movement arose and we stopped Jim Crow, but we got no reparations after the waging of a brutal war on poor communities of color that decimated families and fanned the violence it was supposed to address.

Do we simply say "We're done now, let's move on" and white men can make money? This time, we have to get it right; we have to tell the whole truth, we have to repair the harm done. It's not enough to just stop. Enormous harm had been done; we have to repair those communities.

Categories: Mandatory Minimums