Congress
Higher Education Act Reform Campaign
Since 1998 DRCNet has campaigned for repeal of the drug provision of the Higher Education Act (also known as the "Aid Elimination Penalty,") a 1998 law that delays or denies federal financial aid to people convicted of state or federal drug offenses -- since taking effect in the fall of 2000, nearly 200,000 students have been denied aid under this law. The major component of this effort has been our coordination of the Coalition for Higher Education Act Reform (CHEAR), a coalition including some of the nation's leading religious, criminal justice, drug treatment, education, civil rights and health organizations which seeks to repeal the drug provision. Ten members of Congress spoke at our May 2002 press conference, a record in drug policy reform.
The campaign scored a major victory in February 2006, when the drug provision was scaled back to apply only to people whose drug offenses were committed while they were in school and receiving federal aid.
Also in February, DRCNet issued our first major report, published under the auspices of CHEAR, "Falling Through the Cracks: Loss of State-Based Financial Aid Eligibility for Students Affected by the Federal Higher Education Act Drug Provision," finding that a majority of states deny state financial aid to applicants because of drug convictions, even though few of them have laws on the books directing them to do so. Del. Ana Sol Gutierrez of Maryland offered legislation in the state's 2006 session to address that situation, and efforts underway in states around the country to take on the issue at that level.
Speakers appearing in this photo include Rep. Bobby Rush (at the podium), with Rep. Tammy Baldwin, Rep. Elijah Cummings, Rep. Robert Andrews, drug provision victim Caton Volk, Jo'ie Taylor of the United States Student Association, Students for Sensible Drug Policy national director Shawn Heller and Legal Action Center representative Jennifer Collier.
Feature: CIA Misled Congress, Dragged Feet on Disciplining Employees in Killings of US Citizens in Peru Drug War Plane Shootdown
Nearly nine years ago, a Peruvian air force fighter guided by CIA employees in a spotter plane blew a civilian aircraft out of the sky over the Amazon, thinking it was shooting down drug smugglers.
Feature: Obama Seeks Increase in Drug War Spending in a Drug Budget on Autopilot
Feature: Obama Nominates Drug Warrior Michele Leonhart to Head DEA -- Reformers Gird for Battle
The Obama administration announced this week that it is nominating acting
Congress: Bill to Do Top-to-Bottom Review of Criminal Justice System, Drug War Passes Senate Judiciary Committee
The Senate Judiciary Committee Thursday approved Sen. Jim Webb's (D-VA) National Criminal Justice Commission Act of 2009 on a unanimous voice vote Thursday.
The Year on Drugs 2009: The Top Ten US Domestic Drug Policy Stories
As 2009 prepares to become history, we look back at the past year's domestic drug policy developments.
Medical Marijuana: Congress Finally Lets District of Columbia Go for It
Eleven years after District of Columbia voters approved a medical marijuana initiative with 69% of the vote, Congress has finally stepped aside and will allow DC to implement the will of the people
Victory! Congress lifts ban on Washington, D.C.'s medical marijuana law
Posted in In the Trenches by David Guard on Mon, 12/14/2009 - 1:40pmDear friends:
The great news just keeps coming in.
Minutes ago, Congress voted to finally lift the 11-year ban on Washington, D.C.’s medical marijuana law.
The House voted 221-202 and the Senate voted 57-35 to approve the measure.
For the last 11 years, under a provision known as the Barr amendment, Congress has prevented Washington, D.C. from implementing the medical marijuana law passed by 69% of voters in 1998.
Repealing this amendment has been a primary focus of MPP's federal lobbying efforts for many years. In 2007, we even hired former Congressman Bob Barr (R-Ga.) — the original author of the amendment — to lobby to overturn it. And our lobbyists have worked directly with members of the House and Senate and their staff since 2006 to eliminate this democracy-unfriendly law.
In fact, senior appropriators in Congress sought out MPP staff to work through specifics and to help better understand D.C.'s medical marijuana law and the complicated legal maneuverings that led to the blocking of its implementation.
MPP would like to thank Congressmen Jose Serrano (D-N.Y.), Dave Obey (D-Wis.), Speaker Nancy Pelosi (D-Calif.), and Senate Majority Whip Dick Durbin (D-Ill.) for their strong and abiding support of allowing D.C. to implement its medical marijuana law.
I also want to thank MPP's 29,000 dues-paying members, whose support helped to make this win possible. If you'd like to see more of these kinds of successes, I hope you'll donate to MPP's federal lobbying efforts. We're turning supporters' donations into results, and we can't do it without you.
Today's vote represents a victory not just for medical marijuana patients, but for all Americans, who have the right to determine their own policies without federal meddling. We'll be celebrating this victory in D.C. at our anniversary gala on January 13, and I hope you'll join us.
Sincerely,
Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.
P.S. Time is running out on our matching campaign! A major philanthropist has committed to match the first $2.35 million that MPP can raise in 2009. Make twice the impact and donate today.
Congress Ends Ban on Medical Marijuana in Washington, D.C.
Posted in In the Trenches by David Guard on Mon, 12/14/2009 - 1:31pm
FOR IMMEDIATE RELEASE
DECEMBER 13, 2009
Congress Ends Ban on Medical Marijuana in Washington, D.C.
Only Obama’s Signature Now Needed on Historic Measure
CONTACT: Aaron Houston, MPP director of government relations ……………………… 202-420-1031
WASHINGTON, D.C. — The U.S. Senate today passed historic legislation to end the decade long ban on implementation of the medical marijuana law Washington, D.C. voters passed in 1998.
“This marks the first time in history that Congress has changed a marijuana law for the better,” said Aaron Houston, director of government relations for the Marijuana Policy Project in Washington, D.C.
The “Barr amendment,” a rider attached to appropriations for the District, has forbidden D.C. from extending legal protection to qualified medical marijuana patients and has long been derided as an unconscionable intrusion by the federal government into the District's affairs. The omnibus spending bill, now approved by both chambers of Congress, removes this onerous provision, allowing the District to finally implement its voter-approved law. President Obama is expected to sign the bill shortly.
“This is not only a huge victory for medical marijuana patients and for D.C. self-government, it marks a history-making shift on the medical marijuana issue," Houston said. “This is the first time Congress has ever given its assent to a state or local law that permits medical use of marijuana. It shows that Congress is listening to voters, who have supported protection for medical marijuana patients for well over a decade, as well as to the medical community’s growing recognition of marijuana’s medical value.
“Coming on top of the announcement that the Department of Justice will not interfere with state medical marijuana laws, this shows that the ground has fundamentally shifted. It’s time for the federal government to take the logical next step as the American Medical Association just suggested, and reconsider marijuana’s classification as a Schedule I drug, which bars medical use.”
Congressman Jose Serrano (D-N.Y.) originally removed the ban from the D.C. appropriations bill back in July after years of working to protect patients in Washington, D.C. Congressman David Obey (D-Wis.) helped ensure that the change made it through the legislative process and into the omnibus spending bill Congress passed today.
Medical marijuana is legal under the laws of 13 states, with bills under consideration in several others, including New York, New Jersey, and Illinois.
With more than 29,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.
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Congress: Budget Deal Includes Series of Drug Reform Victories
US House and Senate negotiators in conference committee approved the finishing touches on the Fiscal Year 2010 budget Tuesday night, and they included a number of early Christmas presents for diffe
Alert: Tell Congress to Repeal Unjust Crack Cocaine Sentences
One of the most glaring injustices in US drug policy is the infamous crack/powder sentencing disparity, in which possession of a mere five grams of crack cocaine draws a five-year mandatory minimum
Congress Does Good - At Last
Posted in In the Trenches by David Guard on Thu, 12/10/2009 - 9:02pmYou Can Make a Difference
Dear friends,
Tell the drug czar to get rid of drug policies that don't work.
Wow. Because of your hard work, Congress is on the verge of ending two disastrous drug war policies that we’ve been fighting for years.
In the next few weeks, Congress will likely repeal restrictions preventing Washington, DC from implementing a medical marijuana law that we helped pass. Legislators are also close to eliminating the federal syringe funding ban, a policy responsible for tens of thousands of Americans contracting HIV/AIDS or hepatitis C.
Let’s keep up this momentum and call for an end to more failed policies!
These changes come at a time when President Obama’s drug czar is finishing his blueprint for U.S. drug policy. You've endorsed our first two recommendations for drug czar Gil Kerlikowske to create an exit strategy for the war on drugs.
Join me in sharing one last big idea with the drug czar:
Eliminate drug policies that are proven failures.
You know the ones. Those stupid government anti-marijuana ads. DARE drug education built on scare tactics. Crop spraying in Colombia that hurts farmers and harms the environment but does nothing to reduce cocaine exports.
It's clear from your overwhelming endorsement of the first two recommendations that you and I agree: We need to get the federal government out of the way so states can try new policies, and we need to stop using the criminal justice system to deal with drug issues.
Sincerely,
Ethan Nadelmann
Executive Director
Drug Policy Alliance Network
The calls to Congress are working -- keep it up!
Posted in In the Trenches by David Guard on Thu, 12/10/2009 - 8:53pmFriends:
The calls to Congress are working, and I've been getting great feedback from ASA activists. Will you help?
Step by step, Congress is learning about the Truth in Trials Act.
A good example is U.S. Representative Darrell Issa, who got a number of calls, emails, and letters from ASA activists in his Southern California district. One such email came from ASA activist Joshua Lewis, who is Editor-in-Chief of the Medical Cannabis Journal.
Congressman Issa sent the following response to Joshua:
-----
From: Congressman Darrell Issa
Sent: Thursday, December 03, 2009 10:29 AM
To: Joshua Lewis
Subject: Re: your recent message
Dear Mr. Lewis:
Thank you for taking the time to write to me to request my co sponsorship of the Truth in Trials Act
I have forwarded your letter to my Legislative Assistant who will investigate the possibility of cosponsoring this bill.
Thank you again for taking the time to bring your interest in this bill to my attention.
Sincerely,
Darrell Issa
Member of Congress
-----
Elected officials are starting to pay attention to what we are asking for. Medical marijuana patients need protection from federal prosecution. The Truth in Trials Act can help.
Will you call your Member of Congress?
Here's a reminder of the basic steps:
1. Find out who your Rep is. Go to http://www.house.gov and type in your zip code in the upper left corner. If it asks for your full "Zip+4", just look at your last piece of junk mail.
2. Dial 202-224-3121. Ask the operator to transfer you to your Member of Congress.
3. Tell your Rep ... "I'm calling from ______ and I want you to cosponsor HR 3939, the Truth in Trials Act."
4. Reply to this email and tell me who you called.
Thanks!
- Sanjeev, ASA
Congressional Budget Deal Allows Medical Marijuana and Federal Funding for Needle Exchange in the Nation's Capital
Posted in Chronicle Blog by Phillip Smith on Wed, 12/09/2009 - 9:00pmUS House and Senate negotiators in conference committee approved the finishing touches on the Fiscal Year 2010 budget Tuesday night, and they included a number of early Christmas presents for different drug reform constituencies. But it isn’t quite a done deal yet--this negotiated version of the FY 2010 Consolidated Appropriations Act must now win final approved in up-or-down, no-amendments-allowed floor votes in the House and the Senate.
What the conference committee approved:
* Ending the ban on federal funding for needle exchange programs--without previous language that would have banned them from operating within 1,000 feet of schools, parks, and similar facilities.
* Ending the ban on the use of federal funds for needle exchanges in the District of Columbia.
* Allowing the District of Columbia to implement the medical marijuana initiative passed by voters in 1998 and blocked by congressional diktat ever since.
* Cutting funding for the Office of National Drug Control Policy’s National Youth Anti-Drug Media Campaign from $70 million this year to $45 million next year.
In a news release after agreement was reached, this is how the committee described the language on needle exchange:
Modifies a prohibition on the use of funds in the Act for needle exchange programs; the revised provision prohibits the use of funds in this Act for needle exchange programs in any location that local public health or law enforcement agencies determine to be inappropriate
Its description of the DC appropriations language:
Removing Special Restrictions on the District of Columbia:...Also allows the District to implement a referendum on use of marijuana for medical purposes as has been done in other states, allows use of Federal funds for needle exchange programs except in locations considered inappropriate by District authorities.
And its language on the youth media campaign:
National Youth Anti-Drug Media Campaign: $45 million, $25 million below 2009 and the budget request, for a national ad campaign providing anti-drug messages directed at youth. Reductions were made in this program because of evaluations questioning its effectiveness. Part of the savings was redirected to other ONDCP drug-abuse-reduction programs.
Citing both reforms in the states--from medical marijuana to sentencing reform--as well as the conference committee’s actions, Drug Policy Alliance Executive Director Ethan Nadelmann stopped just short of declaring victory Wednesday. “It’s too soon to say that America’s long national nightmare – the war on drugs – is really over,” said Nadelmann. “But yesterday’s action on Capitol Hill provides unprecedented evidence that Congress is at last coming to its senses when it comes to national drug control policy.”
But, as noted above, there are still two votes to go, and DPA is applying the pressure until it is a done deal. “Hundreds of thousands of Americans will get HIV/AIDS or hepatitis C if Congress does not repeal the federal syringe funding ban,” said Bill Piper, DPA national affairs director. “The science is overwhelming that syringe exchange programs reduce the spread of infectious diseases without increasing drug use. We will make sure the American people know which members of Congress stand in the way of repealing the ban and saving lives.”
Washington, DC, residents got a two-fer from the committee when it approved ending the ban on the District funding needle exchanges and undoing the Barr Amendment, the work of erstwhile drug warrior turned reformer former Rep. Bob Barr (R-GA), which forbade the District from implementing the 1998 medical marijuana initiative, which won with 69% of the vote.
“Congress is close to making good on President Obama’s promise to stop the federal government from undermining local efforts to provide relief to cancer, HIV/AIDS and other patients who need medical marijuana,” said Naomi Long, the DC Metro director of the Drug Policy Alliance. “DC voters overwhelmingly voted to legalize marijuana for medical use and Congress should have never stood in the way of implementing the will of the people.”
"The end of the Barr amendment is now in sight,” said Aaron Houston, director of government relations for the Marijuana Policy Project. “This represents a huge victory not just for medical marijuana patients, but for all city residents who have every right to set their own policies in their own District without congressional meddling. DC residents overwhelmingly made the sensible, compassionate decision to pass a medical marijuana law, and now, more than 10 years later, suffering Washingtonians may finally be allowed to focus on treating their pain without fearing arrest."
Medical marijuana in the shadow of the Capitol? Federal dollars being spent on proven harm reduction techniques? Congress not micromanaging DC affairs? What is the world, or at least Washington, coming to?
Press Release: Congress Close to Ending Ban on Medical Marijuana in Washington, D.C.
Posted in In the Trenches by David Guard on Wed, 12/09/2009 - 3:11pm
FOR IMMEDIATE RELEASE
DECEMBER 9, 2009
Congress Close to Ending Ban on Medical Marijuana in Washington, D.C.
CONTACT: Bruce Mirken, MPP director of communications …………… 415-585-6404 or 202-215-4205
WASHINGTON, D.C. — In a historic move, Congress is now poised to end the decade long ban on Washington, D.C. implementing the medical marijuana law District voters passed in 1998 with a 69 percent majority. Known as the Barr amendment, the provision – a rider attached to appropriations for the District -- has forbidden D.C. from extending legal protection to qualified medical marijuana patients and has been derided by advocates for years as an unconscionable intrusion by the federal government into the District's affairs.
The omnibus spending bill that Democratic leaders will shortly be bringing to a vote in the House later this week removes this onerous provision. Once both chambers approve this final language and the president signs it, the Barr amendment will no longer block medical marijuana in D.C.
"The end of the Barr amendment is now in sight,” said Aaron Houston, director of government relations for the Marijuana Policy Project in Washington. “This represents a huge victory not just for medical marijuana patients, but for all city residents who have every right to set their own policies in their own District without congressional meddling. D.C. residents overwhelmingly made the sensible, compassionate decision to pass a medical marijuana law, and now, more than 10 years later, suffering Washingtonians may finally be allowed to focus on treating their pain without fearing arrest."
Advocates noted that the welcome repeal will come too late to help Jonathan Magbie, a D.C. quadriplegic man who died in prison in 2004 from lack of medical care after being convicted for using marijuana to treat his pain.
"Jonathan Magbie would be alive today if the District been able to implement its medical marijuana law when it passed in 1998,” Houston said. "Perhaps now nobody in the District will ever have to suffer as he and his family did simply for using the medicine that works best for them."
Recently, the American Medical Association called on the federal government to reconsider marijuana’s classification as a Schedule I drug, which bars medical use.
With more than 29,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.
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Alert: Tell Congress to Repeal Unjust Crack Cocaine Sentences
One of the most glaring injustices in US drug policy is the infamous crack/powder sentencing disparity, in which possession of a mere five grams of crack cocaine draws a five-year mandatory minimum
Congress is starting to listen...
Posted in In the Trenches by David Guard on Thu, 12/03/2009 - 1:05pmDear friends:
I wanted to say thank you to Sioux Colombe, an ASA Ambassador in Sacramento, California. The email she received below demonstrates that Congress is starting to hear us.
Sioux had asked her Member of Congress, Representative Doris Matsui, to support the Truth in Trials Act. Sioux got the response below, which is a perfect example of the kind of dialog we want to build with our elected officials.
This reply means that Rep. Matsui's office took the time to research the Truth in Trials Act and respond. The next step is to ask Rep. Matsui to become a supporter -- a "cosponsor" -- of the bill.
Will you do the same for your U.S. Representative?
If your Rep gets a phone call from you, they will start paying attention.
Here's what you have to do -- it will take 5 minutes.
1. Find out who your Rep is. Go to http://www.house.gov and type in your zip code in the upper left corner. If it asks for your full "Zip+4", just look at your last piece of junk mail.
2. Dial 202-224-3121. Ask the operator to transfer you to your Member of Congress.
3. Tell your Rep ... "I'm calling from ______ and I want you to cosponsor HR 3939, the Truth in Trials Act."
4. Reply to this email and tell me who you called.
Thanks!
- Sanjeev, ASA
P.S. The full email that Sioux received is below.
Sanjeev Bery
National Field Director
Americans for Safe Access
----- Forwarded Message ----
From: Congresswoman Doris O. Matsui
To: Sioux Colombe
Sent: Tue, December 1, 2009 12:22:29 PM
Subject: From the Office of Congresswoman Matsui
December 1, 2009
Ms. Sioux Colombe
Sacramento, California
Dear Sioux:
Thank you for contacting me regarding medical marijuana. I appreciate hearing from you on this issue.
As you may know, 13 states, including California, currently allow the use of marijuana for medical purposes. In these jurisdictions, state-level penalties for the cultivation, possession, and use of medical marijuana have been removed, and programs to regulate patients' use have been established or are currently being considered. However, in these 13 states where medical marijuana use is legal, users remain subject to federal penalties for such use.
In an effort to correct this, legislation has been introduced in the 111th Congress to permit the use of medical marijuana under federal law in states where marijuana is currently being used for medicinal purposes. The Medical Marijuana Patient Protection Act (H.R. 2835), would achieve this end by re-classifying marijuana into a less restrictive category of drug under the regulatory structure of the Controlled Substances Act.
Another piece of legislation, the Truth in Trials Act (H.R. 3939), responds to the Justice Department's directive on medical marijuana policy, which tells federal prosecutors to avoid pursuing cases against individuals who legally use medical marijuana. Specifically, H.R. 3939 would allow a person on trial for a federal marijuana-related offense to introduce evidence that the alleged marijuana-related activities were performed in compliance with state laws.
Again, thank you for taking the time to contact me regarding medical marijuana. To learn more about my work in Congress, or to sign up for occasional e-mail updates, please visit my website at http://matsui.house.gov.
Sincerely,
DORIS O. MATSUI
Member of Congress
StoptheDrugWar.org Legislative Action Center
The links on this web page allow visitors to review the voting records of federal and state legislators on matters of importance to drug policy reform.
The Staggering Incoherence of Drug Warrior Charles Grassley
Posted in Chronicle Blog by Scott Morgan on Tue, 11/24/2009 - 12:29amEarlier this month, notorious drug war cheerleader Sen. Charles Grassley (R-IA) provoked outrage by attempting to censor debate about drug policy reform in Congress. He proposed an amendment that would literally ban a congressionally appointed expert panel from discussing legalization or decriminalization as part of a broad evaluation of criminal justice policies.
It's just a transparently pathetic strategy of defending the drug war status quo by outlawing meaningful debate and keeping alternatives off the table. Fortunately, just about everyone saw right through it. Pete Guither points out that Grassley is so cornered, he's now begging his constituents in Iowa to back him up on this. And the harder he tries to defend it, the weaker it sounds:
First and foremost, Congress ought to tackle issues whenever possible before bucking them to commissions. Increasingly, Congress is using commissions to avoid doing what Americans elect members to do: ask tough questions, identify possible answers, debate policy solutions and take a stand. [Des Moines Register]
Yeah, who needs experts when we've got politicians to make all our decisions for us?
This commission also would cost $14 million. It's hard to justify that expenditure in the current fiscal situation, especially when it's work that Congress should be doing itself.
Wait, so you can justify spending $50 billion a year on the war on drugs, but we can't justify $14 million to evaluate whether it makes any sense?
Finally, I put forward an amendment to address the issue of decriminalization and legalization of any controlled substance. I filed this amendment in an effort to start a debate on this important issue.
Really, Chuck? Really? How exactly does banning discussion of something promote debate? Everything, from the language of Grassley's amendment to his rich history of ignorant pro-drug-war posturing, proves what a total lie that is. The very essence of this controversy is that he blatantly attempted to prevent experts from looking into the issues he doesn’t want to talk about. Clearly, Grassley greatly underestimated the growing public demand for a new dialogue about our drug policies and got burned by his own arrogance, to such an extent that he is now hilariously masquerading as the champion of that critical discussion.
The obvious bottom line here is that Grassley is consumed by his fear about what the experts will say. That is just implicit in all of this. If he wasn't deeply afraid of their conclusions, he wouldn’t be introducing amendments telling them what conclusions not to reach.
The commission hasn’t even been appointed yet, so the very notion that it will become a referendum on the urgent need for sweeping reforms to our drug policy is purely a product of his paranoid imagination (combined perhaps with a subconscious recognition that the drug war is a gaping suckhole and smart people aren't exactly in love with it anymore). If Congress had named an expert panel consisting of Ethan Nadelmann, Rob Kampia, Jacob Sullum, Paul Armentano, Micah Daigle, Norm Stamper, Pete Guither and Willie Nelson, then maybe Charles Grassley could be forgiven for tearing from D.C. to Des Moines on horseback, flailing a dinner bell over his head and screaming that the legalizers are coming.
Until that happens, the drug war pep squad would be well advised to just pipe down for the time being, lest their suggestions that we not discuss certain things should lead to yet more discussion of the things they don’t want discussed.
Update: Turns out Grassley's piece was a response to this Op-ed by Marni Steadham of University of Iowa SSDP. More coverage here.
