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Marijuana Backers to GOPers: Why Not Cut the DEA Budget?

With Republicans in the House looking to cut down on spending in the next fiscal year, supporters of legalizing marijuana have a suggestion for where they should start -- the Drug Enforcement Agency's budget. "In the grand scheme of things, the entire federal budget dedicated to keeping marijuana illegal and carrying out all the enforcement measures to do so is really something that is long past its prime," the Marijuana Policy Project's Steve Fox said. "I'm not naive enough to think there would be such a major step, but you can just pick it apart and look at the marijuana seizures -- the amount of time and energy put into those seizures -- is really doing essentially nothing except maybe having a marginal effect on the price of marijuana," Fox said. "So all they're really doing is giving those involved in illegal marijuana dealing a little bit of price support."
Publication/Source: 
Talking Points Memo (NY)
URL: 
http://tpmmuckraker.talkingpointsmemo.com/2011/02/marijuana_backers_to_gopers_why_not_cut_the_dea_budget.php

Conservatives Board Sentencing Reform Bandwagon [FEATURE]

Struggling with chronic budget crises, lawmakers in more and more states are embracing sentencing and other reforms in a bid to hold down corrections costs. But while sentencing reform has long been the domain of "bleeding heart" liberals, now conservatives are driving those efforts in some states.

Indiana's Republican Gov. Mitch Daniels wants sentencing reforms...(Image via Wikipedia)
It's not just about dollars. Although fiscal concerns are a driving force among conservatives, there are also signs they are recognizing and confronting the failures of our drug and criminal justice policies. In a recent Washington Post op-ed, none other than former House Speaker Newt Gingrich wrote of "more humane, effective alternatives" to the national imprisonment binge.

Still, as their states bleed red ink, some of them are shifting from "tough on crime" to "smart on crime." Leading the charge is a newly formed advocacy group, Right On Crime, endorsed by big conservative names including Gingrich, taxpayer advocate Grover Norquist, and former drug czar William Bennett.

Based in Texas, Right On Crime is touting the success the Lone Star State has had with sentencing reform to make such reforms more palatable to conservatives. In 2003, the state passed legislation ordering that small-time drug offenders be given probation instead of prison time, and in 2007, the state rejected prison-building in favor of spending $241 million on treatment programs for offenders.

Crime rates declined at the same time the incarceration rate did. And the state has saved about $2 billion by not building an additional 17,000 prison beds it once thought it needed.

Now, conservatives in other states are pushing similar reforms -- Right on Crime identifies 21 states it says are engaged in "conservative" sentencing and corrections reforms.

"The fiscal argument is resonating with conservatives and liberals alike these days," said Marc Mauer, executive director of the Sentencing Project. "Prison and corrections spending is the big elephant in the room right now; it is ripe for cuts."

But it's not just the fiscal argument, said Mauer. "Some of this is in keeping with conservative philosophy, and much of their concern about incarceration has focused on drug policy. The drug war encompasses the whole country, but the federal system is an enormous part of it. Conservatives view it as taking over areas of policy that should best be left to the states," he said. "And then there are sort of libertarian conservatives who don't think the government should be telling us what is appropriate behavior."

It is also the result of years of effort by key advocates, said Mauer. "People like Pat Nolan at the Justice Fellowship have been working with that community for over a decade now about why this should be a conservative issue also," he pointed out.

Mauer welcomed the emergence of conservatives interested in sentencing reform. "We need to broaden the range of voices that are being heard on these issues," he said. "They can be helpful in a couple of ways, most importantly in communicating that these are not necessarily liberal or conservative issues, but good public policy perspectives. It's kind of ironic that the one area where there seems to be real bipartisan cooperation happening is in criminal justice policy."

"I think it's a good thing," said Traci Velasquez, executive director of the Justice Policy Institute (JPI). "The work that JPI and a lot of others have done over the years points out financial and social reasons why existing drug and other criminal justice policies have been ineffective, and some of those reasons are conservative: It doesn't work and it costs too much. I'm glad to see voices across the political spectrum are speaking out on this."

The years of laying the groundwork are starting to pay off now, said Velasquez, who also pointed to the efforts of the Justice Fellowship. "There has been a lot of receptivity this year," she said. "When governors gave their inaugural speeches this year, I think there were ten of them that included things about criminal justice reform, locking up fewer people, and helping ex-prisoners be more successful in the community."

Sentencing and other criminal justice reforms are also benefiting from a sort of benign neglect, Velasquez said. "Because the media is focused on a lot of other issues, there is a little more space to talk about these issues," she said. "Between the Middle East, the overall economic crisis, and two wars, the media doesn't have a lot of time to push a hysterical criminal justice narrative as it did in the past. Now, policymakers can worry less about commentators ripping them apart as soft on crime."

Whether or not conservatives actually accomplish sentencing reform, the fact that they are now addressing it is a positive step, said Mauer. "If nothing else, just the symbolism of these leading conservatives coming out helps shift the political climate under which these issues are being addressed," he said. "It makes it a little more comfortable to talk about it."

The fact that the states are now collectively spending $50 billion a year on corrections, making it their second-fastest growing spending category behind Medicaid, according to the Pew Center on the States, is impelling efforts at change in places not previously known as bastions of reform:

In Indiana, Republican Gov. Mitch Daniels has made a massive criminal justice system overhaul one of his top legislative priorities this year. Based on a report from the bipartisan Indiana Criminal Code Evaluation Commission, the package includes recommendations to cut sentences for possession and sale of cocaine and methamphetamine.

In the past decade, even though crime rates fell in Indiana, the prison population increased by 40%. Corrections spending also increased, although not as much, and now swallows up $616 million a year. More than half of Indiana prisoners are drug or property offenders. If current trends continue unabated, the report found, the prison population will increase by another 21% by 2017, and the state will have to spend an additional $1.2 billion on top of current corrections spending just to make room to house them.

While the reforms have broad support, not everybody is on board. The Association of Indiana Prosecuting Attorney has voted to oppose the recommendation to cut drug sentences.

"There are all kinds of proposals on the table that reduce and reassign sentencing levels," the group's 2010 president, Shelby County Prosecutor Kent Apsley told the Indianapolis Star last month. "Some of them in my view are pretty extreme changes in the law and probably go too far. The question is: Where is the breaking point where you're saving money to the point that it may seriously impact public safety?"
 

In Pennsylvania, Democratic state Auditor General Jack Wagner last week endorsed Republican Senate Judiciary Committee Chairman Stewart Greenleaf's SB 100, the Criminal Justice Reform Act, which seeks to reduce corrections costs by allowing the state to more quickly transfer nonviolent offenders to community corrections centers and allowing more nonviolent offenders to be eligible for the community centers.

"With Pennsylvania facing its greatest budget crisis since the Great Depression, we must look for sustainable savings in every nook and cranny of state government, and that includes the criminal justice system, which is one of the three biggest drivers of increased spending over the past decade," Wagner said.

Pennsylvania's prison population has increased five-fold since 1980, to more than 51,000 last year, and was the fastest growing in the country last year. According to Wagner, that increase is "due in part to tougher sentencing guidelines, particularly with drug-related offenses."

The alternative sentencing proposals in SB 100 could save the state $50 million in the coming fiscal year and $350 million over the next four years, Wagner said in a statement as he released a report on corrections spending whose recommendations largely dove-tailed with the bill. But the title of the statement, Auditor General Jack Wagner Says PA Needs Sentencing Reform, Construction Freeze to Shrink Corrections Cost, pretty well summed it up.

The state is already committed to spending $860 million to build four new prisons and four new housing units to hold another 9,000 inmates, but those will be full as soon as they are built. Wagner is saying no more prison-building.

"While most economic sectors in the commonwealth remain mired in recession, prisons remain Pennsylvania's largest growth industry," he said.

Serious conservative reform efforts are also underway in Kentucky and Louisiana, among others, but while conservative support for sentencing reforms is making waves, liberals are not shirking, either. Reform measures are afoot in a number of states. Here are two examples:

...and so does California's Democratic Gov. Jerry Brown (Image via Wikipedia)
In California, Gov. Jerry Brown (D) last month outlined plans to save half a billion dollars  a year by keeping "nonviolent, non-serious, non-sex offense" first-time offenders out of state prison. Those convicts would instead be housed in county jails. It is not sentencing reform, but it will take some of the pressure off the state prison system.

Drug offenders are among those who could be affected. Currently, there are some 10,000 people serving time in California for drug possession, as well as several thousand serving time for marijuana manufacture or distribution offenses.

The measure has the support of the Drug Policy Alliance (DPA), which also called for a greater investment in drug treatment. "Governor Brown set an important tone and made it clear that our expensive state prisons should be reserved for people convicted of serious offenses, not for everyone who's ever made a mistake," said Margaret Dooley-Sammuli, DPA deputy state director for Southern California.  "California is expected to save $500 million a year by handling more petty offenses, including low-level drug possession, at the county level. We think the savings would be even greater if drug treatment were made more available in the community. Under the plan, counties would have that option."

In Massachusetts, Democratic Gov. Deval Patrick is calling for the repeal of many of the state's mandatory minimum sentences for drug offenses as part of a criminal justice reform package he unveiled last month. Patrick's proposal would also allow nonviolent drug offenders to become eligible for parole, work release, and earned "good time" credits, and it would reduce the size of school "drug-free" zones from 1,000 feet to 100 feet.

The governor's proposal was "a bold move," but also "just basic common sense," said Barbara Dougan of Families Against Mandatory Minimums (FAMM). "The governor’s bill would simply realign our current drug sentencing policies so that they are in sync with what we know about who is being sentenced to mandatory prison terms and what those people need to stay out of trouble when they leave prison," she continued. "Nearly two-thirds of those sentenced to mandatory prison terms fall into the two lowest level 'criminal history' groups -- no prior record or few lower level offenses. Yet too often they serve disproportionately harsh sentences, sometimes longer than those who commit violent crimes. As a result, the public pays for lengthier sentences than are warranted."

But, as in Indiana, prosecutors and law enforcement officials are coming out in opposition to at least part of the proposal. According to the Boston Globe, they are objecting to shrinking the school "drug-free" zone because doing so "would allow dealers to sell drugs very close to schools and would weaken strong drug laws passed during the 1980s crack cocaine scourge."

Conservatives are now joining liberals in trying to bring some common sense and fiscal sanity to the nation's drug and sentencing policies. But as police and prosecutor organizations have shown, reform threatens some powerful groups' turfs -- one man's cost is another's benefit. The sentencing reform battle is far from won, but the battle is joined, and we have reinforcements.

Arizona Marijuana Decriminalization Bill Introduced by GOP State Rep John Fillmore

Location: 
AZ
United States
Under a bill introduced by Representative John Fillmore possession of two ounces or less of marijuana -- by anyone -- would become a petty offense and carry a fine of only $100. Fillmore says that marijuana isn't a gateway drug, as critics unscientifically claim, and all the money and time wasted by law enforcement on marijuana prohibition enforcement would be better spent elsewhere.
Publication/Source: 
Phoenix New Times (AZ)
URL: 
http://blogs.phoenixnewtimes.com/valleyfever/2011/02/marijuana_decriminalization_bi.php

Illinois Blacks More Likely to Get Prison for Drugs

An Illinois state panel found Monday that Illinois blacks convicted of low-level drug possession offenses are much more likely to be sentenced to prison than whites. According to the Illinois Disproportionate Justice Impact Study Commission, 19% convicted of drug possession were imprisoned, while only 4% of whites were.

Joliet Prison (image via Wikimedia)
The disparity was even worse in the state's most populous jurisdiction, Cook County. While statewide, blacks were five times more likely to be imprisoned for drug possession than whites, in Cook County, the figure was eight times.

The commission was formed in 2009 to examine incarceration rates between the races. Legislation to create it was sponsored in the state Senate by Sen. Mattie Hunter (D-Chicago), who co-chairs the panel.

"It's always disappointing to know the true facts," Hunter said in remarks reported by the Chicago Sun-Times.

The sentencing disparity comes despite research that shows that blacks and whites nationally use illegal drugs at roughly the same rate, said Pamela Rodriguez, president of Treatment Alternatives for Safe Communities, a Chicago-based nonprofit that led the commission’s research. She cited a 2008 federal study that 10.1% of blacks and 8.2% of whites reported using illegal drugs.

Rodriguez said the disparity could be partially explained by differences in education and economic status, but that blacks were also more likely to conduct drug transactions in public spaces, where they are easily targeted by police. "Where you have greater enforcement, you have greater arrests," Rodriguez said. "Where you have greater arrests, you have greater prosecutions."

The commission called for funding alternatives to imprisonment as a way to reduce the disparity. The state has programs in place, including drug courts and first-time offender probation, but it needs new revenue to fund them adequately.

Sen. Hunter suggested that the commission would look at using part of local jurisdictions' drug forfeiture funds to pay for alternatives to imprisonment. That would be preferable to leaving them in the hands of police forces, which use them to arrest more drug offenders and seize more funds to arrest more drug offenders and seize more funds in a vicious cycle of drug law enforcement.

Springfield, IL
United States

Georgia Governor Pushing More Alternative Programs for Non-Violent Drug Offenders

Location: 
GA
United States
Gov. Nathan Deal says he's moving ahead to reduce Georgia's prison population by diverting non-violent drug offenders to other programs. A 2009 national report said drug prohibition related crimes were listed as the primary offense for about 17 percent of Georgia's prisoners. Deal has made it clear he's not interested in springing repeat or violent offenders. But locking up non-violent offenders wastes their lives, strains the state's budget and depletes its work force, he said.
Publication/Source: 
Savannah Morning News (GA)
URL: 
http://savannahnow.com/news/2011-02-01/gov-deal-working-divert-non-violent-drug-offenders-programs-outside-prison

Republican Lawmakers Shifting Tough-On-Crime Stance As State Budget Problems Multiply

In no state is the philosophical U-turn more abrupt than in Oklahoma, where last year the Legislature was barreling in the opposite direction. New Republican Speaker of the House Kris Steele is expected to unveil a package of proposals that would divert thousands of nonviolent lawbreakers from the prison system and ramp up paroles. Similar crash prison reductions are going on from coast to coast. Michigan has shuttered 20 correctional facilities and slashed spending by nearly 7 percent. South Carolina expects to reduce its inmate numbers by 8 percent by putting drug dealers, burglars and hot check writers into community programs instead of behind bars.
Publication/Source: 
Los Angeles Times (CA)
URL: 
http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-broken-budgets-prison-problems,0,2779184.story

Former President Alejandro Toledo: Peru Must Consider Decriminalizing Drug Use

Location: 
Peru
Former president Alejandro Toledo, the frontrunner in Peru's presidential race, said he would consider decriminalizing drug use if elected. Peru currently allows people to possess small amounts of recreational drugs, including cocaine. Toledo said he might loosen them further. A growing number of Latin American countries already have relaxed laws targeting drug consumers in order to focus police resources on traffickers.
Publication/Source: 
Reuters
URL: 
http://www.reuters.com/article/idUSN2717646120110127

Cut Drug War Spending (Action Alert)

We Are the Drug Policy Alliance.

Tell President Obama to stop wasting money on the failed war on drugs.

Take Action!

Email the President

Dear Friends,

In his State of the Union address a few days ago, President Obama said it is time for the federal government to tighten its belt and stop wasting so much money. One of the biggest – and most destructive – wastes of money is the war on drugs. President Obama is working on a new federal budget – urge him to stop wasting money on the failed war on drugs.

In these times of deficits and budget cuts, let’s send a clear message: no more money for marijuana arrests. No more money for laughably stupid anti-marijuana ads. No more money for random drug testing. No more money for SWAT raids on people's homes for suspected drug law violations. No more money for long prison sentences for low-level, nonviolent drug offenses. No more money for the drug war. Period.

Tell the President that our tax dollars should be spent more wisely.

With your help we can eliminate or cut drug war waste and dismantle the war on drugs. Please take a minute to write the White House and tell President Obama to stop wasting your tax dollars on failed drug policies.

Sincerely,

Bill Piper
Director, Office of National Affairs
Drug Policy Alliance

Missoula Jury Pool Creates Uproar Across Nation After Marijuana 'Mutiny'

Location: 
Missoula, MT
United States
A jury pool's action — and the reaction to it — has serious ramifications for continued prosecution of low-level nonviolent drug crimes, not just in Missoula County but around the country. The story "hit a nerve" around the country, said Ethan Nadelmann, executive director of the national Drug Policy Alliance that advocates drug law reform. "It shows the emperor-has-no-clothes dimension to what happened. It's an expression of what many people feel — that marijuana possession should no longer be illegal," he said.
Publication/Source: 
The Billings Gazette (MT)
URL: 
http://billingsgazette.com/news/state-and-regional/montana/article_c7b4045b-5aad-513d-b8f4-ab5186d39008.html

Treating Mexico's Drug Prohibition War Patients Costs El Paso's County-Run Hospital $4.7 Million

Location: 
El Paso, TX
United States
Since the start of Mexico's drug prohibition war, 200 people wounded in Mexico have been treated at El Paso's county-run hospital at a cost of $4.7 million, according to the latest figures from the University Medical Center of El Paso. "Local taxpayers are footing the bill for the consequences of a conflict that is occurring on foreign soil," said Jim Valenti, UMC's chief executive officer, and Dr. Jose Manuel de la Rosa, founding dean of the Texas Tech University Health Sciences Center at El Paso Paul L. Foster School of Medicine.
Publication/Source: 
Las Cruces Sun-News (NM)
URL: 
http://www.lcsun-news.com/las_cruces-news/ci_16971568

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