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Chronicle AM -- June 19, 2014

We can watch the marijuana policy landscape shift before our eyes, with legalization initiatives and decrim measures popping up around the country and even Oklahoma Republicans arguing over legalization. There is also action on the opiate front, the Senate will vote on defunding the DEA's war on medical marijuana in states where it is legal, and more. Let's get to it:

US Senator Cory Booker (D-NJ) cosponsors an amendment to cut DEA medical marijuana funding. (senate.gov)
Marijuana Policy

House Fails to Add Rider to Block DC Decriminalization Law. The House Financial Services and General Government Appropriations Subcommittee approved a familiar series of social policy riders on the District of Columbia budget, but did not include one that would seek to undo the city's recent adoption of marijuana decriminalization. It's not a done deal yet, however; such a rider could still be added during the legislative process. The subcommittee did approve riders barring the District from funding needle exchanges or medical marijuana programs.

Delaware Decriminalization Bill Heads for House Floor Vote. A bill that would decriminalize the possession of up to an ounce of marijuana and levy a maximum $250 fine passed the House Public Safety Committee today. House Bill 371 now heads for a House floor vote.

Marijuana Policy in the Oklahoma GOP Governor's Race. In next week's GOP primary, sitting Gov. Mary Fallin is up against two longshot opponents who both favor marijuana legalization. Both Chad Moody, also known as "The Drug Lawyer," and Dax Ewbank, a libertarian-leaning Republican, have come out in favor of freeing the weed. But Fallin says that's not on her to-do list: "I just don't see that it provides a substantial benefit to the people of Oklahoma," Fallin said.

Milwaukee Legalization Initiative Signature-Gathering Drive Underway. A coalition of Milwaukee groups have begun a petition drive to place a municipal legalization ordinance on the November ballot. The measure would legalize the possession of up to an ounce. The groups have until July 29 to come up with 30,000 valid voter signatures. People interested in helping out can get more information here.

Philadelphia City Council Votes to Decriminalize Marijuana. The city council today approved a decriminalization measure introduce last month by Councilman Jim Kenney. Up to 30 grams is decriminalized, with a maximum $25 fine. Four years ago this month, the city began treatment small-time possession as a summary offense, with a maximum $200 fine and three-hour class on drug abuse.

Activists Gather Twice the Signatures Needed for York, Maine, Legalization Initiative. Activists supported by the Marijuana Policy Project needed 100 valid voter signatures to present a marijuana legalization petition to the York Board of Selectmen. They handed in 200. Similar petition drives are going on in Lewiston and South Portland, and Portland voters approved a legalization referendum last year. The local efforts are laying the groundwork for a statewide legalization initiative in 2016.

Medical Marijuana

Sens. Rand Paul, Cory Booker Cosponsor DEA Defunding Amendment in Senate; Vote Could Come as Soon as Tonight. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) have cosponsored an amendment to the Justice Department funding bill that would shield medical marijuana patients and providers from the attention of the DEA in states where it is legal. The vote could come as soon as tonight or tomorrow. The House passed such an amendment at the end of last month.

New York Governor, Legislature in Tentative Deal as Session Draws to End. With the legislative ticking down its final hours, Gov. Andrew Cuomo (D) and legislative leaders today announced a deal that would allow passage of a medical marijuana pilot program, but would not allow patients to smoke their medicine.

North Carolina Limited CBD Medical Marijuana Bill Wins House Committee Votes. A bill that would allow some patients to use a high-CBD cannabis oil was approved by the House Health Committee Wednesday and the House Finance Committee today.

Drug Policy

Drug Policy in the Colorado GOP Senatorial Race. Former Colorado Congressman Tom Tancredo, who is running for the state's GOP senatorial nomination, is being attacked as a drug legalizer in a radio ad created by a committee supporting former Sen. Mike Copp. While Tancredo supports marijuana legalization and has in the past spoken of the need to consider drug legalization, he says he is not ready to legalize hard drugs and is demanding that the ads be pulled.

Opiates

Vermont Governor Signs Package of Bills Aimed at Opiate Use. Gov. Peter Shumlin (D) Tuesday signed into law a package of bills and executive orders that will ramp up treatment for opiate addiction, but also increase penalties for bringing more than one gram of heroin into the state. The centerpiece of the legislative package is Senate Bill 295, which will fund pretrial screening and drug treatment for suspects before they are arraigned.

New York Assembly Set to Approve Package of Heroin Bills. Gov. Andrew Cuomo (D) and key lawmakers announced Tuesday night that they had a deal on a package of heroin bills that would raise awareness of the issue and increase insurance coverage of heroin treatment. What isn't clear is whether they agreement also includes a series of Rockefeller drug law-style measure passed by the Republican-dominated Senate that would increase criminal penalties for some heroin offenses.

Harm Reduction

DC Police Chief Orders No Arrests for Overdose Victims. In a recent memorandum, Metropolitan Police Department Chief Cathy Lanier has instructed her police force to observe protections from arrest and charge granted under a DC law designed to encourage residents to seek immediate medical assistance for a person experiencing an overdose. The Good Samaritan Overdose Prevention Amendment Act of 2012 (#A19-564), which was passed by the D.C. Council in 2012 and took effect on March 19, 2013, provides limited legal protection from arrest, charge and prosecution for those who witness or experience a drug overdose and summon medical assistance.

Sentencing

Federal Fair Sentencing Act Picks Up Another Sponsor. And then there were 39. Rep. William Envart (D-IL) has signed on as a cosponsor to the Federal Fair Sentencing Act. That makes 25 Democrats, along with 14 Republicans. It would reduce the use of mandatory minimum sentences and impose retroactivity for crack cocaine sentences handed down before 2010.

International

Britain's Looming Khat Ban Could Create Black Market. A ban on khat is about to go into effect in England, and this report suggests that it could create political tensions in East Africa, as well as creating a black market for the substance in England itself.

Albanian Siege of Marijuana-Producing Village Continues. A police assault on the village of Lazarat that began Monday is still underway as clashes continued between police and armed villagers. Some 800 police are involved in the operation, and they say they have seized or destroyed more than 10 tons of marijuana so far. But that's only a fraction of the 900 tons the village is estimated to produce annually. The town's $6 billion pot crop is equivalent to about half Albania's GDP.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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.)

Chronicle AM -- June 4, 2014

Legendary chemist Alexander Shulgin has died, the fight for medical marijuana in New York continues, Chicago sues Big Pharma over prescription opiates, Britain's black police association wants a look at legalization in the US, pot politics continues to get big play in Bermuda, and more. Let's get to it:

Britain's National Black Police Association wants the government to study marijuana reform in the US. (nbpa.co.uk)
Medical Marijuana

Compromise Could Be Coming on New York Medical Marijuana Bill. Two key players in the New York legislature, Sen. Diane Savino (D-Staten Island) and Assemblyman Richard Gottfried (D-Manhattan) met yesterday in an effort to find a compromise between their two bills that could lead to passage of a bill before the session ends in two weeks. The Assembly has already approved Gottfried's bill, but the Senate has yet to act on Savino's. Being able to actually smoke marijuana may be an item for discussion.

Ecstasy

Legendary Chemist Alexander Shulgin, "Godfather of Ecstasy" Dead at 88. Alexander Shulgin, the Berkeley-based research chemist who turned the psychotherapeutic community on to MDMA (Ecstasy) died Monday at his Northern California home. In addition to his work with MDMA, Shulgin also created more than 200 other psychedelic compounds. His life's work is distilled in two books PIKHAL (Phenethylamines I Have Known and Loved): A Chemical Love Story and TIKHAL (Triptamines I Have Known and Loved): The Continuation. The DEA considers those books handbooks for illicit psychoactive chemistry.

Prescription Drugs

Chicago Sues Pharmaceutical Companies; Claims They Contributed to Prescription Drug Surge. The city of Chicago has filed a lawsuit against five drug companies -- Purdue Pharma, Cephalon, Janssen Pharmaceuticals, Endo Health Solutions and Actavis -- charging they deceived the public about the risks and benefits of highly potent and effective opiate pain relievers. "For years, Big Pharma has deceived the public about the true risks and benefits of highly potent and highly addictive painkillers in order to expand their customer base and increase their bottom line, Mayor Rahm Emanuel said in a statement. The lawsuit claims the companies violated city laws against consumer fraud and misleading advertising. The city is seeking cash damages in an unspecified amount, but said it is not seeking to ban the medications.

Sentencing

US Sentencing Commission to Hold Public Hearing Next Week on Retroactivity for New Drug Quantity Sentencing Tables. On Tuesday, June 10, the US Sentencing Commission will hold a public hearing to gather testimony from invited witnesses on the issue of whether the amendment to the drug quantity table sent to Congress in April should be applied retroactively. The Commission will not be voting on the issue of retroactivity at this hearing, and that issue is open for public comment until July 7. A tentative hearing agenda is available here​.

More Than a Thousand Religious Leaders Call for Federal Drug Sentencing Reform. Some 1,100 religious leaders representing 40 different faith groups have signed onto a letter to Congress supporting passage of the Smarter Sentencing Act (S1410/HR 3382), which would reduce mandatory minimum sentences for federal drug offenses. The sign-on was sponsored by the Faith in Action Criminal Justice Reform Working Group.

Law Enforcement

Sarasota, Florida, Cops' Reverse Sting on Nickel Bag Marijuana Buyers Raises Eyebrows, Civil Liberties Concerns. Police in Sarasota, Florida, went undercover to sell nickel bags of weed to unsuspecting customers in a city park and then charged them with "purchase of marijuana," a felony punishable by up to five years in state prison. The operation has critics calling foul and questioning whether the operation was a good use of police sources, whether it violated the civil rights of some defendants (including a mentally ill man), and why it targeted users instead of dealers.

International

British Black Police Group Call for Government to Examine US States' Marijuana Legalization. Britain's National Black Police Association wants the British government to examine marijuana legalization in US states, with an eye toward moving in the same direction in the UK. "We've had our current approach to drug laws for 20 years. If we can learn anything from the US I think we should to see whether we can get some better outcomes," said Nick Glynn, vice-president of the group. "There about a million stop and searches carried out in England and Wales every year. Around half of those are focused on street possession of cannabis so there's a lot of time spent dealing with that very low level offense. In the US they've done it in separate areas instead of across the whole country so maybe that's something we can replicate here."

Georgia Prime Minister Denies Rumors He Plans to Legalize Marijuana, But.... Georgian Prime Minister Irakly Garibashvili today denied rumors he plans to free the weed, but he did say that punishments for "soft drugs" may be reevaluated. Under current Georgian law, possession of marijuana can get you seven to 14 years in prison, although the state seems more interested in revenues from fines than in actually imprisoning people.

Bermuda Opposition Leader Stands By His Backing of Medical Marijuana; He Gave It to His Asthmatic Daughter. Opposition leader Marc Bean said Tuesday that he "absolutely" stands by his remarks last week supporting marijuana as a medicine and that he used it to treat his young daughter for asthma. He originally spoke out last week as the House of Assembly debated the findings of the Cannabis Reform Collective, which is calling for medical marijuana, decriminalization, and eventual legalization He also said he had smoked the stuff himself. "I was a Rastaman, full fledged -- I lit the chalice," Bean said.

Bermuda Parliamentary Select Committee Recommends Drug Testing for Legislators. A parliamentary joint select committee has issued a report recommending random, suspicionless drug testing of legislators because they are "guardians of public morality" and any drug use by them "calls into question their ability to uphold the principles of public morality and the rule of law and to lead by example. They might want to speak to Marc Bean first.

Chronicle AM -- May 29, 2014

Minnesota becomes the 22nd medical marijuana state, the California Senate passes a medical marijuana regulation bill and a bill equalizing crack and powder cocaine offenses, a new study reports on who current heroin users are, there are a series of votes set for today to rein in the DEA, a Canadian court allows heroin-assisted treatment trials to move forward, and more. Let's get to it:

Cocaine is cocaine, whether rock or powder, and the California Senate has voted to treat it like that. (wikimedia.org)
Marijuana Policy

Michigan Poll Has Support for Legalization at 42%. A Detroit News/WDIV-TV poll released today has support for marijuana legalization at 42%, with 52% opposed. The poll conducted by the Glengariff Group of Chicago surveyed 600 voters. It has a margin of error of +/ -4%. "There is a sharp difference in attitudes on marijuana legalization among voters under and over the age of 40," said pollster Richard Czuba. "And while Democratic voters support legalization of marijuana, independents and Republican voters strongly oppose legalization." Click the link for more demographic details.

Washington, DC, Initiative is Sweating the Signature-Gathering. Organizers of the DC initiative to legalize the possession and cultivation of small amounts of marijuana -- but not the legalization and regulation of marijuana sales -- are "a little nervous" about the progress of their signature-gathering campaign. They have until July 7 to collect 22,373 valid voter signatures. They had collected some 19,000 raw signatures by Monday, but of the 16,734 that have been processed, only 5,360 have been found to be valid.

Delaware Decriminalization Bill Filed. Rep. Helene Keeley (D-Wilmington) today introduced a decriminalization bill, House Bill 371. It would make possession of up to an ounce a civil offense with a maximum $100 fine for people 21 and over. Currently, possession is a misdemeanor punishable by up to six months in jail.

Medical Marijuana

Minnesota Governor Signs Medical Marijuana Bill. Gov. Mark Dayton (DFL) today signed into law the medical marijuana bill approved earlier this month by the legislature. It allows for eight distribution centers across the state to by supplied by two medical marijuana manufacturers. The bill does not allow for the smoking of medical marijuana; but it can be vaped or eaten. Some medical marijuana groups are calling the law "overly restrictive."

California Senate Approves Medical Marijuana Regulation Bill. The state Senate yesterday approved Senate Bill 1262, sponsored by Sen. Lou Correa (D-Anaheim). It is supported by cities and law enforcement, and would impose tighter controls on dispensaries, cultivation, and recommending. A competing bill, Assembly Bill 1894, sponsored by Assemblyman Tom Ammiano (D-San Francisco) was expected to be voted on today. If both pass their respective houses, look for a compromise.

Drug Policy

Congress Set to Vote Today on Four Amendments to Reign in DEA. Congress is set to vote today on at least four amendments aimed at reigning in the Drug Enforcement Administration (DEA). One would prohibit DEA from interfering in states that allow medical marijuana; another would prohibit it from blocking hemp seed imports in states that have approved hemp research; a third would prohibit it from undermining state laws that allow for hemp cultivation; and a fourth would reject a proposed $35 million increase in the DEA's FY 2015 budget.

Heroin

Today's Heroin Users Are Mainly Young, White and Not in the Big City, New Study Finds. A new research article published in the Journal of the American Medical Association finds that, unlike the heroin boom of the 1960s, most heroin users today are young white men whose opiate habits overwhelmingly started with prescription pain pills. "Our data show that the demographic composition of heroin users entering treatment has shifted over the last 50 years such that heroin use has changed from an inner-city, minority-centered problem to one that has a more widespread geographical distribution, involving primarily white men and women in their late 20s living outside of large urban areas," the authors concluded.

Law Enforcement

Minnesota Prosecutor "Sending a Message" Charges Five Teens With Murder in Teen Girl's Overdose Death. Washington County Attorney Pete Orput has charged five local teenagers with murder in the January death of a 17-year-old girl who died after taking a new synthetic hallucinogen. "We think there's a moral obligation to keep kids free of drugs," said Orput. "We're sending a message that suppliers will be held fully to account." Those charged include a 19-year-old, an 18-year-old, and three 17-year-olds. Orput said the three minors will be charged as adults. The 19-year-old is accused of being the dealer; the others bought some of the drug and shared it among themselves and the dead girl.

Customs to Curtail Searches of General Aviation Aircraft Not Crossing Borders. After loud complaints from private pilots that their domestic flights were being searched for drugs by Customs agents, the Customs and Border Protection agency (CBP) has announced it will curtail the searches. An official told National Public Radio yesterday that "his agency has heard pilots' grievances and the program is being altered so as not to needlessly affront law-abiding pilots." The Airline Operators and Pilots Association has been raising a stink about the issue for the past year, saying it has received more than 50 reports from members who recounted their encounters with law enforcement at airports.

Georgia SWAT Team Throws Flash-Bang Grenade, Burns Toddler in Drug Raid. A 2-year-old child was burned when members of the Habersham County Special Response Team deployed a "distraction device" as they executed a drug search warrant early yesterday morning. The raid came a day after a snitch made a drug buy at the home and reported no children present. The raiders got themselves a no-knock warrant and breached the door of the home. "What had happened was there was a playpen -- a Pack N Play -- that was pushed up against the door, and when they breached the door it wouldn't open up because of the Pack N Play," Sheriff Joey Terrell said. "It was just wide enough to toss the flash bang in, then they had to physically push it [Pack N Play] on out of the way to get in. That's when the team medics saw the child, stopped at the child, took the child out and began first aid. "The door that we entered was the door that we bought dope out of -- that's why entered at that door," Terrell said. "Our team went by the book. Given the same scenario, we'll do the same thing again. I stand behind what our team did," he maintained. He blames the target of the warrant. Read the whole story at the link.

Sentencing

California Senate Approves Bill to Eliminate Crack/Powder Cocaine Sentencing Disparity. The state Senate Wednesday approved a bill that would equalize the penalties for crack and powder cocaine sales and make it easier to get probation for either. The measure is Senate Bill 1010, introduced by Sen. Holly Mitchell (D-Los Angeles). It now goes to the Assembly.

International

Peru Names Former Defense Minister as New Drug Czar. President Ollanta Humala has named former Defense Minister Luis Otorala as the new head of the Peruvian anti-drug agency, DEVIDA. He replaces Carman Masias. Otarola said that while eradication of coca crops will continue, greater emphasis will be placed on economic alternatives for farmers. Hardline critics said the move and the new emphasis "showed a weakening in the resolve of the government" to confront the drug trade. Peru is once again the world's leading coca and cocaine producer.

Medical Marijuana Bill Introduced in Philippines. Rep. Rodolfo Albano III has filed a medical marijuana bill in the Philippine legislature. House Bill 4477, the Compassionate Use of Medical Cannabis Bill, is intended "to provide accessible, affordable, safe medical cannabis to qualifying patients."

British Columbia Supreme Court Grants Injunction for Heroin Treatment Study to Continue. Canada's BC Supreme Court today granted an injunction for an exemption from federal drug laws for participants in the SALOME study (The Study to Assess Long-term Opioid Maintenance Effectiveness). The injunction will allow doctors in the study to continue prescribing heroin to patients for whom other treatment options have been ineffective.

Chronicle AM -- May 22, 2014

A new poll suggests Vermont is ready to legalize it, and so is the mayor of Rome, a San Francisco crack pipe exchange is set to expand, a West Virginia county's latest grand jury indictments shine a light on drug war in the Appalachians, Bermuda marijuana growers want an emergency exemption for medical marijuana, and more. Let's get to it:

Bermuda-grown cannabis indica await patients there. (Alan Gordon)
Marijuana Policy

Vermont Poll Has 57% Support for Legalization, Taxation, and Regulation. A new poll from the Castleton Polling Institute has 57% of respondents saying they would support legalizing marijuana for adults, taxing it, and regulating it like alcohol. Only 34% were opposed. The poll has +/- 4% margin of error. The Vermont legislature approved a bill in April that includes an amendment initiating a study to evaluate the potential impact of making marijuana legal for adults and regulating it similarly to alcohol. Gov. Peter Shumlin (D) is expected to sign it into law.

Medical Marijuana

North Carolina Legislator Files Bill for Medical Marijuana Referendum. Rep. Kelly Alexander (D-Mecklenburg) has filed a measure, House Bill 1161, that, if approved, would put a referendum on the November ballot asking voters to legalize the use and cultivation of marijuana to treat specified medical conditions. Alexander had filed a medical marijuana bill last year, but it went nowhere in the legislature. The new bill would have to get super-majorities in both chambers of the legislature before it could go to the voters.

Harm Reduction

San Francisco's Crack Pipe Exchange Program to Expand. A crack pipe exchange program operated by volunteers from the Urban Survivors Union, a drug users' rights group, is set to expand even though the city won't condone or fund the program. Volunteers have been distributing about 50 clean crack pipes a week in the Tenderloin, SOMA, and Polk Gulch neighborhoods, even though city officials say there is no evidence it is an effective harm reduction measure. Seattle is the only other city in the country with a similar program.

Sentencing

Federal Smarter Sentencing Act Picks Up Another Sponsor. Rep. David Price (D-NC) has become the latest representative to endorse the Smarter Sentencing Act of 2013 (House Resolution 3382). The bill would reduce some drug mandatory minimums, allow judges greater leeway to sentence beneath the mandatory minimum, and allow for reduced sentences for crack offenders whose offense took place before passage of the Fair Sentencing Act of 2010. Price is the 32nd cosponsor and the second this week.

Law Enforcement

In One West Virginia County, Drugs Dominate Grand Jury Indictments. Holy hydrocodone, Batman! The Fayette County grand jury in West Virginia has just released its May batch of bills of indictment, and 71 out 101 of them were for drugs and related charges. There are a whole lot of "conspiracy" and "possession with intent to distribute" charges, too. The indictments don't specify which drugs were at play, but there are a bunch of "obtaining a controlled substance by misrepresentation, fraud, or forgery" charges as well, and a handful of meth lab charges. Click on the link for the whole list.

International

Mayor of Rome Says Legalize It. Rome Mayor Ignazio Marino said Wednesday he supports legalizing marijuana in Italy. "I am in favor of the possibility of deregulating cannabis for medical or personal use," he told the 8th Annual Conference of the International Society for the Study of Drug Policy. "In 2011, more than one million plants were confiscated in our country compared to 73,000 in France," Marino continued. "Organized crime still manages large portions of international traffic and there are enough reasons to reopen the debate today in Italy. We live in a time in which reform for drug laws is necessary on an international and national level. For Italy I personally have a very clear idea of what needs to be done: the decriminalization of marijuana should be considered a starting point because the years of prohibition have not brought any results to prevent the dramatic increase in the use of drugs. In addition, new forms of legalization could be experimented with in medicine for people's health but also to target organized crime." Marino's comments come just weeks after the Italian parliament approved a new law amending the country's drug laws and treating marijuana as a "soft drug" with reduced penalties.

Portugal Soon to Get First Safe Injection Site. The Lisbon city council has approved the location for what would be Portugal's first "assisted consumption room" for drug users. Portugal approved safe injection sites several years ago, but left implementation up to local councils. None had moved to do so until now.

Bermuda Marijuana Growers Seek Emergency Amnesty for Medical Grows, Offer Up Over 50 Locally Available Varieties. Bermuda attorney and marijuana reform activist Alan Gordon, speaking on behalf of a collective of nearly two dozen Bermuda marijuana growers, called today for the government to act immediately to allow for the use of medical marijuana, as called for in last month's Cannabis Reform Collaboration report. "There is only one way to allow the immediate medical cannabis called for by the CRC Report," Gordon said. "We need to just do it instead of just shuffling paperwork. Eighty small medical grade cannabis trees are available to start, and over 50 medical cannabis strains currently on-island." Click on the title link to read more.

NORML Canada Conference This Weekend in Toronto. NORML Canada is holding its annual conference this weekend in Toronto. Click on the link for the details.

Indonesia's New Drug Treatment Over Prison Scheme Faces Challenges. In another excellent analysis from Asiancorrespondent.com, Patrick Tibke looks at Indonesia's progressive new guidelines for the "Processing of Drug Addicts and Drug Abusers into Rehabilitation Centers" and warns of the obstacles ahead in actually implementing such reforms. As he notes, the move was not new legislation, but simply gives a push to the country's 2009 Narcotics Law, which first allowed for the rehabilitation of drug users instead of their incarceration. Whether and how this will actually be implemented remains to be seen. It's a good, thorough read; click on the link for the whole thing.

California's Latinos Are Ready for Sentencing Reform, Poll Finds [FEATURE]

A bill that would significantly reform California's drug sentencing laws is poised for approval in the state Senate, and a new poll showing strong support for sentencing reform among Latino voters could help push it over the top.

California's prisons are still overcrowded. (supremecourt.gov)
Senate Bill 1010, the Fair Sentencing Act, would equalize the penalties for sale of crack and powder cocaine. Under current California law, crack offenses are treated more harshly than powder cocaine offenses. The bill would also equalize probation requirements and asset forfeiture rules for offenses involving the two forms of the same drug.

Sponsored by Sen. Holly Mitchell (D-Los Angeles), the bill passed the Senate Public Safety Committee last month and the Senate Appropriations Committee last week. It now heads for the Senate floor. It needs to pass in its chamber of origin this month or it dies.

The bill is supported by dozens of community, religious, civil liberty, civil rights, drug reform, and other groups. It is opposed by the California Narcotics Officers Association and the California Police Chiefs Association.

Among Latino groups supporting the bill are the National Council of La Raza, the Coalition for Humane Immigrant Rights, Homies Unidos, the Latino Voters League, the Mexican American Legal Defense and Education Fund (MALDEF), and Presente.

The poll results released today by Latino Decisions help explain why these groups are supporting sentencing reform efforts and may even encourage them to redouble their efforts. They show strong support for sentencing reform among California's Latino electorate. The poll only sampled registered voters.

When asked if the state should minimize penalties for drug possession, but continue to hold drug sellers accountable, a whopping 69% said yes. The lowest level of support among any Hispanic demographic was 59% among 40-to-59-year-olds.

When asked if racial disparities in law enforcement were a serious or very serious problem, an even more overwhelming 82% said yes. Even among Latino Republicans, the demographic least likely to be concerned, the figure was at 57%.

A third question asked whether respondents favored penalties for personal drug possession of drug treatment, case by case referrals, or zero tolerance. Again Latino voters overwhelmingly supported treatment or case by case (79% combined) over zero tolerance (16%).

"We're very excited to see the results of this poll," said Arturo Carmona, executive director of Presente, during a teleconference announcing and analyzing the results. "It's very clear that the poll findings reaffirm that Latinos want drug sentencing reform and a fix to our broken justice system. If politicians want to mobilize the Latino vote, they need to support these issues. Over the coming weeks and months, Latinos and allied groups will be working to support common sense reforms like this bill."

That only makes sense, Carmona said.

another drug arrest in California. (wikimedia.org)
"These issues are having a significant impact on our society, our state, and increasingly, the Latino community," he argued. "The US imprisons more people than any nation in the world, mostly due to the war on drugs, and blacks and Latinos are far more likely to be criminalized than whites. When you add in the federal detention center population, Latinos now make up the largest federal prison population in the country."

Dr. Adrian Pantoja, a senior analyst with Latino Decisions, emphasized that the poll was of registered Latino voters.

"These are folks who are part of the political process," he said. "These are the Latinos who will be voting and helping to shape our politics. And among them, we have a rejection of war on drugs strategies and incarceration, with large majorities across the board supporting sentencing reform for drug possession and use."

"It's evident that the Latino community is in a state of crisis," said Armando Gudino, a policy associate with the Drug Policy Alliance. "This is the community most disproportionately impacted by the war on drugs and unprecedented levels of incarceration. Latinos are fully aware of this, and we've begun to shift toward more responsible policies seeking to remove or reduce criminal penalties."

The poll demonstrates that attitudes are changing in the Hispanic community, Gudino said.

"Latinos have traditionally been deemed a conservative group, but we see shifting attitudes, and we could well see support we haven't seen in the past," he noted. "The older generation is more conservative, but the community isn't homogenous, and the same can't be said about other groups within the community, who have already shifted toward favoring issues like decriminalization, medical marijuana, and the efforts around taxing and regulating marijuana. This poll demonstrates that the Latino community is increasingly involved, informed, and willing to make changes."

"Latinos are now a majority in California, we have a seat at the table, and it's critical we're part of this conversation," said Mike De La Rocha, director of strategic partnerships for Californians for Safety and Justice. "Latinos are poised to have a voice in how we address crime and public safety. We understand our approach to crime isn't working, and we're finding our voice in these criminal justice debates."

Chronicle AM -- May 20, 2014

The organized opposition in Alaska gets a donation, medical marijuana is finally moving in the New York Senate, the Fair Sentencing Act picks up another sponsor, there's more violence in Mexico, and more meth in Asia, and more. Let's get to it:

Marijuana Policy

Alaska Group Opposed to Legalization Initiative Gets First Big Contribution. The organized opposition to Alaska's marijuana legalization initiative has received its first large cash donation. The group Big Marijuana, Big Mistake, Vote No on 2 received $25,000 from the Chenaga Corporation, an Alaska Native company. No word on how the Campaign to Regulate Marijuana Like Alcohol in Alaska is doing on fundraising, but it is backed by the Marijuana Policy Project.

Wyoming Legislator Campaigns for Reelection on Marijuana Legalization Platform. Rep. James Byrd (D-Laramie) is seeking a fourth term in the state legislature, and he said in an interview Monday that marijuana legalization, jobs, and education would be some of his leading priorities if he is reelected. This year, Byrd authored a bill to decriminalize possession in the Cowboy State. It was defeated, but he is carrying on unabashed.

Medical Marijuana

New York Medical Marijuana Bill Finally Moving in Senate; Wins Committee Vote. The state Senate Health Committee today narrowly approved Senate Bill 4406, the Compassionate Care Act. Similar bills have been approved by the Assembly in recent years, but this marks the first time the Senate has taken up the issue. If allowed to the Senate floor for a vote, the bill is expected to pass.

Sentencing

Federal Smarter Sentencing Act Picks Up Another Sponsor. And then there were 31; 19 Democrats and 12 Republicans. The latest cosponsor is Rep. Rick Larsen (D-WA). The bill, House Resolution 3382, would reduce some mandatory minimum drug sentences, allow judges to sentence below the mandatory minimum in some circumstances, and allow people sentenced under old crack cocaine laws to be resentenced. The bill has been stalled in a House Judiciary Committee subcommittee since January.

Law Enforcement

NSA, DEA "Blurring the Lines" Between War on Drugs and War on Terror. The latest article based on leaked documents from Edward Snowden, published by Glenn Greenwald and crew, shows how the NSA and the DEA have merged the war on drugs and the war on terror since the 2001 attacks on New York City and Washington, DC. The story details how the NSA recorded "virtually every" cell phone call in the Bahamas using a DEA "backdoor" to get into the Bahamian phone networks. The authors worry that if the NSA is using intelligence gained under the guise of fighting the war on drugs for counter-terrorism or other spying purposes, it could endanger the cooperation of host countries.

International

Rep. Sam Farr (D-CA) to Hold Briefing on Drug Policy in Latin America. There will be a briefing on the current state of drug policy in Latin America and potential implications for US policy hosted by Rep. Sam Farr (D-CA) at the Congressional Meeting Room South at 10:00am, Thursday, May 29. The panelists are Ambassador Paul Simons, executive director of the Inter-American Drug Abuse Control Commission of the OAS; John Walsh, senior associate for drug policy and the Andes at the Washington Office on Latin America; and Vanda Felbab-Brown, senior fellow at the Brookings Institute. For more information, contact Caitie Whelan in Rep. Farr's office.

More Drug War Violence in Mexico's Northeast. Another seven bodies have been discovered in the northeastern state of Tamaulipas, which is undergoing a renewed surge of violence as competing cartels fight with each other and the security services. The four men and three women were found Sunday night in an abandoned car in the port city of Tampico. More than a hundred people have been killed in the drug wars in Tamaulipas in the past month, and the federal government announced last week that it is stepping up operations in the state.

More Meth, More New Synthetics as Asia Becomes World's Largest Stimulant Market, UN Report Says. Asia is the world's largest market for stimulants, with methamphetamine seizures there tripling to at least 36 tons over the past five years, according to a new report from the UN Office on Drugs and Crime. The report, the Global Synthetic Drugs Assessment 2014, also found that new synthetic drugs -- or New Psychoactive Substances (NSPs) in UN-speak -- are expanding rapidly as well, and are often found in substances marketed as traditional amphetamines or Amphetamine Type Substances (ATSs).

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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.)

Chronicle AM -- April 30, 2014

There was marijuana talk on Capitol Hill yesterday, a Vermont dispensary bill passes the Senate, Georgia's governor signs a welfare drug testing bill, a California drugged driving bill dies, and -- oh, yeah, we spent $7.5 billion to reduce Afghan opium production and got squat. And more. Let's get to it:

The US spent $7.5 billion to reduce Afghan opium cultivation. Now Afghanistan produces more than ever. Go figger. (unodc.org)
Marijuana Policy

NIH Head Tells Congress Marijuana is a Gateway Drug. Dr. Nora Volkow, the director from the National Institutes of Health warned House lawmakers Tuesday against legalizing marijuana use, saying it could act as a gateway drug. Volkow told the House Energy and Commerce Committee's Oversight and Investigations subpanel studies show that changes to brain chemistry after alcohol, tobacco, or marijuana use can prime users for harder drugs. Despite Volkow's claims, the gateway theory is widely discredited.

Treasury Secretary Defends Marijuana Banking Guidelines.Treasury Secretary Jack Lew on Tuesday defended the Obama administration's guidelines to banks conducting transactions with legal marijuana sellers as congressional Republicans questioned whether the guidance amounts to tacit federal approval of a drug illegal in most states. Lew's comments came at hearing of the House Appropriations Committee subcommittee on financial services, where Chairman Rep. Hal Rogers (R-KY) accused the administration of providing a "rubber stamp" to drug dealers. Lew disagreed: "Without any guidance, there would be a proliferation of cash-only businesses, and that would make it impossible to see when there are actions going on that violate both federal and state law and that... would be a real concern," Lew said. "We thought that the clarity, bringing it into daylight, was a better solution." Congress should write a law to establish a policy, he added.

New York City Conference Today and Tomorrow Marks 70th Anniversary of LaGuardia Commission Report. A major one-and-a-half day conference at the New York Academy of Medicine (NYAM) to discuss marijuana and broader drug policy reform gets underway today. The conference commemorates the 70th anniversary of one of the nation's first systematic studies to address many of the myths about marijuana, The La Guardia Committee Report: The Marihuana Problem in the City of New York, published in 1944. The NYAM published report concluded that "the sociological, psychological, and medical ills commonly attributed to marihuana have been found to be exaggerated," but marijuana prohibition has stood largely intact for seventy years -- until now. Click on the link for more details.

Medical Marijuana

Vermont Senate Approves Medical Marijuana Dispensary Improvement Bill. The Vermont Senate gave final approval Wednesday to a bill that will expand access to medical marijuana for qualified patients. It will now be sent to Gov. Peter Shumlin, who has expressed support for the measure. Senate Bill 247, sponsored by Sen. Jeanette White (D-Windham), will eliminate the cap on the number of patients who are allowed to access medical marijuana dispensaries. Currently, only 1,000 total patients are able to access dispensaries. The measure will also increase possession limits for dispensaries, allow them to deliver medical marijuana to patients, and permit naturopaths to certify patients for the program. The bill was amended by the House to initiate two studies: one to explore the possibility of adding post-traumatic stress disorder (PTSD) as a qualifying condition for the state's medical marijuana program, and one to evaluate the potential impact of making marijuana legal for adults and regulating it similarly to alcohol.

Louisiana Medical Marijuana Bill Excites Law Enforcement Opposition. Law enforcement agencies from across the state spoke out against a proposed bill to legalize medical marijuana at the Louisiana Sheriffs' Association today. "As the current bill stands in Louisiana, this still does not correct the fact that it is illegal in the United States of America to possess or use marijuana," president of the Louisiana Sheriffs' Association Sheriff Tony Mancuso said. The bill, Senate Bill 541, proposed by Louisiana State Senator Fred Mills (D-St. Martin Parish), will be heard by the Committee on Health and Welfare today.

Virginia Congressman Introduces Federal Medical Marijuana Bill. Rep. Morgan Griffith (R-VA) has filed House Resolution 4498, the Legitimate Use of Medicinal Marijuana Act. This bill would prohibit the federal government from preventing the prescription, possession, transportation, and distribution of marijuana for medical purposes in compliance with applicable state law. The bill would also reclassify marijuana from a Schedule I drug to a Schedule II drug.

Drug Testing

Georgia Governor Signs Bill to Drug Test Some Welfare Recipients. Georgia Gov. Nathan Deal (R) signed legislation on Tuesday requiring some applicants for food stamps and welfare benefits to undergo a drug test. Under the measure, House Bill 772, testing could be required if authorities have a "reasonable suspicion" of drug use. A person failing the test would temporarily lose benefits, although their children could receive assistance through another adult. Debbie Seagraves, executive director of the American Civil Liberties Union of Georgia, called the legislation "shameful" and said it violated the constitutional protection against unreasonable searches.

Drugged Driving

California "Per Se" Drugged Driving Bill Dies in Committee. A bill that would have made the presence of tiny amounts of marijuana metabolites per se evidence of impaired driving was killed in the Assembly Public Safety Committee Tuesday. Assembly Bill 2500, sponsored by Assemblyman Jim Frazier (D-Antioch), was opposed by California NORML, whose head, Dale Gieringer, called it "a solution in search of a problem."

Law Enforcement

Bogus Highway Drug Search Yields $100,000 Settlement for Star Trek Fan. A Star Trek fan returning home from a convention on I-70 Illinois when he was stopped and searched by a Collinsville, Illinois, police officer has settled a lawsuit against the department for $100,000. Terrance Huff, who is also a documentary filmmaker, sued over the stop. After the 7th US Circuit Court of Appeals refused to throw out the lawsuit, Collinsville settled. Click on the link for the whole juicy, sleazy story.

Colorado Bills That Would Have Removed Kids from Parents Suspected of Drug Use Die. The state Senate approved, but then rejected two bills that attempted to expand the definition of child abuse to include even attempts at drug use and/or possession. The bills were Senate Bill 177 and Senate Bill 178. They were opposed by a coalition of groups including the Drug Policy Alliance, the ACLU of Colorado, and National Advocates for Pregnant Women.

Prescription Opiates

FDA Defends Approval of Zohydro. FDA Commissioner Margaret A. Hamburg, MD, defended the agency's approval of the powerful opioid Zohydro ER (hydrocodone bitartrate) extended-release capsules, explaining that its highest dose is no more potent than the highest strengths of the opioid OxyContin ER (oxycodone) extended-release and extended-release morphine, in an FDA blog posted yesterday. Dr. Hamburg explained that with the drug approval, it is unlikely that opioid prescribing will change significantly or use by patients with pain. Zohydro ER is approved for the management of pain severe enough to require daily, around-the-clock, long-term opioid treatment and for which alternative treatment options are inadequate. "Addressing the opioid crisis by focusing on a single opioid drug will simply not be effective," she stated. "Instead we must focus our collective attention and energy on the key drivers of the problem, which include excessive prescribing, illegal activity by a small number of providers, improper disposal of unused medications, and insufficient prescriber and patient education."

Sentencing

California Fair Sentencing Act to Eliminate the Disparities Between Crack and Powder Cocaine Sentencing Passes its First Committee. The California Fair Sentencing Act (Senate Bill 1010), authored by Senator Holly Mitchell (D-Los Angeles), passed its first hurdle in the Senate Committee on Public Safety by a 4-2 vote. The bill will correct the disparity in sentencing, probation and asset forfeiture guidelines for possession of crack cocaine for sale versus the same crime involving powder cocaine that has resulted in a pattern of racial discrimination in sentencing and incarceration in California. SB 1010 now moves on to the Appropriations Committee.

Bill to Up Meth Trafficking Penalties Passes New York Senate. The state Senate Monday passed legislation, cosponsored by Senator David J. Valesky (D-Oneida), that would increase the penalties for manufacturing methamphetamine. The measure, Senate Bill 3639, increases sentences by moving various meth manufacture and distribution offenses up one notch on the state's felony crime sentencing scheme.

International

OAS Drug Commission Meeting Underway. The Inter-American Drug Abuse Control Commission (CICAD) of the Organization of American States (OAS) yesterday inaugurated its 55th Regular Session where it discussed, among other issues, policies related to micro-trafficking and the agenda of the Special General Assembly the hemispheric institution will hold in September in Guatemala, which will be dedicated exclusively to the Global Drug Problem in the Americas. The agenda of the CICAD meeting also includes discussions on alternatives to incarceration for drug dependent offenders and others in conflict with the law for reasons related to drugs, and the challenges and impacts surrounding the regulation of cannabis, with special attention to initiatives of this type in some States of the United States, as well as Uruguay. The meeting takes place between today and Thursday, May 1 at OAS headquarters in Washington, DC, and is being chaired by Colombia. Click on the link for more details.

Singapore Bans New Synthetic Drugs Effective Tomorrow. Synthetic drugs that mimic the effects of controlled drugs like methamphetamine and heroin, will become illegal and attract the same penalties beginning May 1. While it is now legal to possess these drugs, the Central Narcotics Bureau (CNB) has the power to seize them to restrict their circulation. There are currently 11 types of compounds under the Fifth Schedule of the Misuse of Drugs Act, with over a hundred specific examples listed. Beginning in May, drugs listed under the Fifth Schedule will then be re-classified as Class A controlled drugs. This means that those convicted of abusing them may be jailed up to 10 years and fined up to S$20,000. Those found guilty of trafficking such substances will face a minimum of five years' jail and five strokes of the cane.

US Spent $7.5 Billion to Stop Afghan Opium, Got Squat, New Report Says. A new report from Washington's Afghanistan war watchdog has found that the US spent $7.5 billion in efforts to reduce Afghan opium cultivation, but that opium cultivation there is at an all-time high. The report is the latest quarterly report from the Special Inspector General for Afghanistan Reconstuction. Opium-poppy cultivation takes up 209,000 hectares (516,230 acres) of land in Afghanistan, a 36% increase since 2012. Afghanistan is by far the world's largest opium producer.

US Sentencing Commission Votes to Cut Drug Sentences [FEATURE]

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.

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.

The USSC move could cut the federal prison population by 6,500 over five years. (supremecourt.gov)
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."

Attorney General Holder approves -- and wants more. (usdoj.gov)
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.

Smarter Sentencing Act Picks Up More GOP Cosponsors

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.

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.

Washington, DC
United States

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

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.

rethinking...
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."

http://stopthedrugwar.org/files/pew-mandatory-minimums-poll.jpg
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."

"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."

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