Mandatory Minimums

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Chronicle AM: NE Pot Politics, DEA Drug Plane Scandal, FL Forfeiture Reform Signed, More.... (4/1/16)

Marijuana politics is hopping in New England, decrim goes into effect in Tampa, the DEA gets raked for wasting tens of millions on an anti-drug plane that never flew, Florida's governor signs an asset forfeiture reform bill, and more.

Another $86 million down the drain, thanks to the DEA and it's flightless anti-drug plane.
Marijuana Policy

Maine Marijuana DUID Bill Killed. The House voted unanimously and without debate Thursday to kill LD 1628, which would have set a standard of 5 nanograms of THC per milliliter of blood to prove a driver was impaired on marijuana. The smack down of the bill came after concerns were raised that there wasn't science to support the limit. The effort is now dead at least until next year.

Connecticut Hearing on Marijuana Legalization Set for Next Week. State Reps. Juan Candelaria (D-New Haven) and Toni Walker (D-New Haven) are hosting an information hearing on legalization next week. Candelaria is the lead sponsor of a legalization bill, House Bill 5209. The session is set for next Tuesday afternoon at the Legislative Office Building in Hartford.

Vermont House Hears Testimony on Legalization Bill. More than 50 people testified about Senate Bill 241 at a hearing at the statehouse Thursday night. The marijuana legalization bill has already passed the Senate and has the support of Gov. Peter Shumlin (D). The first House committee vote on the bill is expected next week. If the bill passes, Vermont will be the first state to have legalized marijuana through the legislative process.

Vermont Libertarian Party Calls for Legalization Bill to Include Home Cultivation. The party says "the absence of a home growing provision will limit the bill's chances to decrease the black market" and that "legalization of marijuana is NOT all about tax revenue." The party also says that legal home cultivation "will allow Vermonters to develop their cannabis cultivation skills to support an artisan cannabis industry." The legalization bill originally contained a provision for allowing up gardens of up to 100 square feet per household, but that was stripped out after powerful politicos objected.

Decrim Goes Into Effect in Tampa, Volusia County. Marijuana decriminalization ordinances approved by governing bodies in Tampa and Volusia County, Florida, earlier this year are now in effect. In Tampa, people caught with 20 grams or less will face only a $75 ticket; in Volusia County, it's 20 grams and a $100 fine.

Asset Forfeiture

Florida Governor Signs Asset Forfeiture Reform Bill. Gov. Rick Scott (R) Friday signed into law a bill designed to reform civil asset forfeiture in the state. The bill, Senate Bill 1044, had been approved unanimously by both houses. It will require the seizing agency to make a "probable cause" determination that there is "proof beyond a reasonable doubt" that the seized goods were used in a crime.

Tennessee House Approves Civil Asset Forfeiture Reporting Bill. The House unanimously approved House Bill 2176, which will require annual reporting on law enforcement agency property seizures. The Senate is expected to vote on the measure in coming day.

Law Enforcement

DEA Spent $86 Million for Anti-Drug Plane It Never Used. The DEA procured the plane seven years ago to fly surveillance and counter-narcotics missions in Afghanistan and spent $86 million to upgrade it with surveillance capabilities -- four times the initial estimated cost -- but the plane has never left the ground and will likely never fly in Asia, the Justice Department's inspector general said in a scathing report. "Our findings raise serious questions as to whether the DEA was able to meet the operational needs for which its presence was requested in Afghanistan," the review said. The plane could be ready to fly next year, but the DEA pulled out of Afghanistan last year.

Sentencing

Petitioners Urge Senate Leader Mitch McConnell to Allow Vote on Sentencing Bill. Sentencing refom activists handed in more than 30,000 petitions to Senate Majority Leader Mitch McConnell (R-KY) Tuesday demanding that he allow the Senate to vote on the Sentencing Reform and Corrections Act (Senate Bill 2123). The bill would reduce mandatory minimum sentences for some drug offenses and give judges greater discretion to sentence below the guidelines.

International

IDPC Reviews What Was and Wasn't Gained at the CND. The International Drug Policy Consortium last year elaborated five main "asks" it was seeking at the looming UN General Assembly Special Session (UNGASS) on Drugs, and now, in the wake of the Commission on Narcotic Drugs (CND) meeting in Vienna last month, produced a sort of scoresheet on the progress made. It's a worthy read.

Chronicle AM: Marijuana Decrim Killed in VA, Ireland Ponders Pill Testing for Festivals, More (1/26/16)

Alaska's commercial marijuana regulations advance, so does a Kansas bill lowering pot penalties and a pair of Florida asset forfeiture reform bills, the Irish government ponders pill testing for nightclubs and festivals, a medical marijuana bill is filed in Mexico, and more.

Hillary Clinton reiterates support for state-level legalization without federal interference. (state.gov)
Marijuana Policy

Hillary Clinton Reiterates Support for Letting States Legalize Marijuana. In an interview Monday, the Democratic presidential contender restated her position that the federal government shouldn't interfere with state-level legalization. "I think that states are the laboratories of democracy, and four states have already taken action to legalize, and it will be important that other states and the federal government take account of how that's being done, what we learn from what they're doing,"said Clinton. "I think that the states moving forward is appropriate and I think the federal government has to move to make this more available for research that they can then distribute to interested people across our country."

Alaska Legal Marijuana Rules Advance, With Two Exceptions. The Marijuana Control Board's rules and regulations for commercial marijuana activity have been approved by the state Law Department, with two exceptions. The Law Department struck down a requirement for a national criminal history check, saying that authority must come from statute, not regulations, and it struck down marijuana testing requirements for rural growers. The Law Department said the Board's allowance of "alternative means of testing" for rural growers lacks standards. The Board said the legislature is already working on a fix for the background checks, but it doesn't yet have a fix for the rural grower issue.

Kansas Senate Panel Okays Lessening Pot Penalties, Legalizing CBC Cannabis Oil. The Senate Corrections and Juvenile Justice Committee Tuesday approved bills lessening marijuana possession penalties and allowing for the use of CBD cannabis oil for people with epilepsy. The bills now head for the Senate floor.

Virginia Decriminalization Bills Killed By House Committee. The House Courts of Justice Committee's Subcommittee on Criminal Law Monday voted down a pair of bills that would decriminalize marijuana possession in the Commonwealth.

New Orleans Ordinance Would Give Police Discretion to Ticket Marijuana Possessors. Currently, only first-time pot possession offenders are eligible for a summons instead of an arrest, but Councilwoman Susan Guidry is offering a measure that would allow police to only ticket pot possessors no many how many offenses they had. The measure is on the council's agenda today.

Medical Marijuana

California Senate Approves Bill to Slow Medical Marijuana Bans. The state Senate Monday approved Assembly Bill 21, designed to fix what lawmakers called a mistake in the state's comprehensive medical marijuana regulation laws. The bill had a paragraph that gave the state authority to license cultivation in localities that didn't have their own laws on the books by March 1, and many localities had responded by passing preemptive cultivation bans. The bill now goes to the Assembly.

Asset Forfeiture

Florida Asset Forfeiture Reform Bills Win Committee Vote. Two competing reform bills passed a Senate panel Tuesday. A bill from Sen. Aaron Bean (R-Fernandina Beach) would leave civil asset forfeiture intact, but increase oversight, while a bill from Sen. Jeff Brandes (R-St. Petersburg) would require a criminal conviction before seizure of assets. Law enforcement supports the first bill, but not the second. The committee passed both measures.

Drug Policy

Poll: New Hampshire Voters Support Drug Decriminalization. Two-thirds of state voters supported not arresting small-time drug possessors, but instead offering them counseling and treatment. And nearly three-quarters (73%) supporting doing away with mandatory minimum sentences for drug possession offenses.

International

Ireland Considering Pill Testing for Nightclubs, Festivals. In the wake of the drug-related death of a teenage clubber last week, Health Minister Leo Varadkar said the government is considering allowing pill testing kits for music venues. But he said that prevention is the first pillar in the department's approach to the problem.

Mexico Medical Marijuana Bill Coming. A senator from the Institutional Revolutionary Party (PRI) has proposed a bill to legalize medical marijuana and says she thinks it can pass by May. Sen. Cristina Diaz said she hoped the national debate on marijuana, which began this week, would help the bill progress.

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

Chronicle AM: Top Cops Call for Sentencing Reform, GOP Senators Split On Reform, More... (1/20/16)

GOP legislators are busy filing retrograde drug bills across the land, from chipping away at medical marijuana in Arizona to public benefits drug testing bills in several states. Meanwhile, a battle looms over federal sentencing reform.

The fight is heating up over a federal sentencing reform bill. (nadcp.org)
Marijuana Policy

Missouri Legislators Face Plethora of Marijuana Bills. The legislative session has barely started, but lawmakers in Jefferson City have already filed nearly 20 bills aiming at reforming marijuana policy. The bills range from legalization and medical marijuana to barring asset forfeiture in pot cases and expunging the record of nonviolent offenses, including marijuana offenses. Click on the link to see the whole list.

Medical Marijuana

Arizona GOP Legislators Try to Chip Away at Medical Marijuana Access. Rep. Kelly Townsend (R-Mesa) has filed House Bill 2061, which would bar pregnant women from qualifying for the medical marijuana program, and Rep. Jay Lawrence (R-Scottsdale) has filed House Concurrent Resolution 2019, which removes homeopaths and naturopaths from the list of doctors who can issue medical marijuana recommendations.

Fix in the Works for California's Medical Marijuana Local Regulation Deadline. Legislators are working to fix a provision of the medical marijuana regulation law that requires localities to pass their own rules by March 1 or face loss of regulatory control to the state. The provision has caused a stampede of cities and counties seeking to get measures in place by that date, with most of them resorting to simple bans. The Senate Finance Committee last week passed a bill to remove the date.

Drug Testing

Indiana Unemployment Benefits Drug Testing Bill Filed. State Sen. Jon Ford (R-Terre Haute) has filed Senate Bill 245, which would require people applying for unemployment benefits to undergo drug testing if they were fired for drug use or if they work in an occupation the federal Bureau of Labor has determined is one where drug testing is common. The bill had a hearing set for today.

West Virginia Food Stamp Drug Testing Bill Advances. A bill that would require drug testing of food stamp recipients passed the Senate Committee on Health and Human Resources Tuesday and now heads to the Senate Finance Committee. The bill would only require testing of those for whom state officials had a "reasonable suspicion" were drug users. The measure is Senate Bill 6.

Sentencing

Police Chiefs, Prosecutors Urge Congress to Pass Criminal Justice Reform. More than 70 top police chiefs and prosecutors organized as Law Enforcement Leaders to Reduce Crime and Incarceration today called on Congress to pass sentencing reform. They are urging support for the Sentencing Reform and Corrections Act of 2015 (Senate Bill 2123). The letter comes on the same day the Senate Judiciary Committee holds a major hearing on criminal justice reform. "Today, law enforcement leaders from across the nation join together to let our lawmakers know that reforming federal mandatory minimum sentences will help keep down crime and unnecessary incarceration. As police chiefs and prosecutors, our first priority is public safety. But we know first-hand from our experience that our country's high levels of incarceration are not making us safer," said the letter they sent out today.

GOP Split on Mandatory Minimums Threatens Sentencing Reform Bill. Sen. Majority Leader Mitch McConnell (R-KY) is keeping mum about how he plans to proceed on the bill, which is cosponsored by several Republicans. GOP hardliners are balking, threatening passage of the measure. "I don't think it’s a healthy thing to do," said Sen. Jeff Sessions (R-AL), a fervent opponent of the justice bill. "If we lay off drug prosecutions, we're going to see even more murders and crimes, deaths and destruction. I think we need to slow down, be careful about this." The bill had appeared to be one of the few areas where bipartisan support could ensure passage, but now GOP support looks to be eroding.

International

Indian Has a Booming Industry Manufacturing New Psychoactive Substances. Recent raids by drug police have uncovered a domestic party drug manufacturing industry cranking out drugs by the ton. Police busted more than 1,200 pounds of mephedrone in one bust, 750 pounds in another, and more than 2500 pounds of ketamine in yet another. The drug makers are behaving like legitimate drug manufacturers, finding factories, chemists, and workers, then obtaining licenses to manufacture legitimate drugs, then cranking out party drugs.

Costa Rica Court Clears Activist of Marijuana Cultivation Charges. In a case that could be a step down the path to decriminalization, a court refused to convict Cerdas Salazar on drug trafficking charges for growing his own marijuana. Police contended he grew for sale, but provided no evidence of that. "Yes, marijuana cultivation is illegal; nonetheless, it is not a crime if it is not utilized for sale," the judge hearing the case, Carolina Leitón, said.

Chronicle AM: Drug Czar Calls Overdoses Top Priority, Just One MA Init Left, More (12/3/15)

The drug czar is concerned about the rising toll of heroin overdose deaths. (wikimedia.org)
Marijuana Policy

Poll: Marijuana Legalization Not a High Priority for Californians. Californians are more concerned with school funding, increasing the minimum wage, and tax levels than they are with marijuana legalization, according to a new Public Policy Institute of California poll. The poll found that 88% thought school funding was "very" or "somewhat" important, 80% though increasing the minimum wage was, 76% thought extending tax increases was, but only 49% though legalizing pot was. Fully one-third (32%) of respondents said legalization was "not at all important."

Down to One Legalization Initiative in Massachusetts. The legalization situation is clarifying. Bay State Repeal, which had mounted a grassroots effort to get its own legalization initiative on the ballot next year, has conceded that if failed to gather enough signatures to qualify for the ballot. That leaves the Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol as the sole possible contender next year. The latter group turned in more than 100,000 voter signatures earlier this week; it needs some 67,000 valid ones to qualify for the ballot.

Drug Policy

Drug Czar Says Heroin, Prescription Opiate Overdoses Top Priority. Michael Botticelli, head of the Office of National Drug Control Policy (ONDCP -- the drug czar's office), told a congressional hearing Wednesday that heroin and prescription opiates overdoses are the most urgent issue facing his agency. "There is no more pressing issue," said Botticelli, who testified at a House Oversight and Government Reform subcommittee hearing on the nation's drug policy. "We have seen a reduction in prescription drug misuse among young adults but that has been replaced by a significant increase in heroin overdose deaths. We know some of this is related to the vast supply of very cheap, very pure heroin in parts of the country where we haven't seen it before." He said that more than 8,000 people died of heroin overdoses in 2013 and that he expects last year's figure to be substantially higher.

Sentencing

Massachusetts Poll Shows Broad Support for Repealing Mandatory Minimums. A poll conducted by Suffolk University's Political Research Center for Families Against Mandatory Minimums (FAMM) found that voters there support repealing mandatory minimum sentences by a margin of three-to-one. Some 62% supported repeal, while only 21% were opposed. Other poll questions showed broad support for sentencing reforms as well. "Massachusetts voters get it," said Barbara J. Dougan, Massachusetts project director for FAMM. "They know that mandatory minimum sentences for drug offenses are a failed public policy. They want these ineffective and expensive laws repealed. The only question left is whether state lawmakers will listen to their constituents."

International

Malaysian Truck Driver Faces Death Sentence for Less Than a Pound of Pot. Abdul Sukur Saiful Bahri, 38, a driver for a government agency, faces a mandatory death sentence after being charged under the country's draconian drug trafficking laws. He was caught with 305 grams of marijuana, about 11 ounces of weed.

Australian Government Creates National Medical Marijuana Licensing Scheme. The federal government has announced a national licensing plan that will remove the need for states and territories to come up with their own regulatory schemes. The national government will now oversee all regulations for medical marijuana. A bill is being drafted to turn the plan into law. That's expected to happen next year.

Chronicle AM: AK to Allow Some Social Pot Smoking, Sentencing Reform Moves in Congress, More (11/23/15)

Marijuana Policy

You'll be able to toke up with this at some Alaska pot shops. (wikimedia.org)
Alaska Will Allow Marijuana Use at Some Stores. The state's Marijuana Control Board voted 3-2 last Friday to allow consumption at some pot shops, making it the first state to do so. Board Chairman Bruce Schulte said there seemed to be public demand for such an option.

New Jersey Marijuana Arrests Going Up, Not Down. Even as state legislators discuss marijuana legalization, New Jersey cops are busily arresting pot smokers at a record pace. Marijuana arrests jumped 10% in 2012 and 10% again in 2013, according to New Jersey State Police Uniform Crime Reports. The 24,765 marijuana arrests is the highest number in 20 years, and nearly double the amount in 1993.

Vermont Legalization Supporters Release Report. The Vermont Cannabis Collaborative has released a report outlining a legalization framework for state lawmakers. The report calls for home grows of up to nine plants, craft growers who could grow up to 99 plants, and large-scale operators, who could have a grow space of up to 30,000 feet. There's much more at the report link.

Medical Marijuana

Arizona Supreme Court Mixed Ruling on Medical Marijuana DUID. The state's high court ruled last Friday that medical marijuana cardholders don't have immunity from prosecution under the state's DUID law, but also held that cardholders can try to mount a defense showing that they did not have enough marijuana or pot metabolites in their system to actually be impaired.

Pennsylvania Medical Marijuana Bill Wins Committee Vote. The House Rules Committee voted 25-8 last Wednesday to advance a medical marijuana bill. The bill has already passed the Senate, but still needs a House floor vote. Gov. Tom Wolf (D) has said he will sign the bill.

Heroin and Prescription

Maryland Legislator Proposes Heroin Maintenance Program. Delegate Dan Morhaim (D) said last Thursday he plans to offer legislation next year to provide free heroin to addicts in a bid to reduce crime.

Asset Forfeiture

New Mexico Senators Sue Albuquerque Over Asset Forfeiture. A bipartisan pair of state senators have filed a lawsuit against the city of Albuquerque over its vehicle seizure program, which they say violates the state's recently passed asset forfeiture reforms. Sens. Lisa Torraco (R-Albuquerque) and Daniel Ivey-Soto (D-Albuquerque) are seeking an injunction to stop the city from seizing vehicles without the owner first being convicted of a crime.

Harm Reduction

FDA Approves Narcan Nasal Spray. The Food and Drug Administration last Thursday approved a naloxone nasal spray to stop or reverse opiate overdoses. The FDA said it was as effective as the injectable form of the drug.

Sentencing

Historic Sentencing Reform Bill Passes House Judiciary Committee. Last Thursday, the House Judiciary Committee voted unanimously to advance the Sentencing Reform Act. The bill, introduced by Chairman Bob Goodlatte (R-VA) and Ranking Member John Conyers (D-MI), and sponsored by thirty other Representatives, would reduce mandatory minimum sentences for drug offenses, expand the federal "safety valve" (which allows judges to use their discretion to sentence people below statutory mandatory minimums), and make many of the sentencing reductions retroactive. The bill is also moving in the Senate, where the Senate Judiciary Committee advanced its version last month.

International

China Bans More Than a Hundred New Psychoactive Substances. China last month banned more than a hundred new psychoactive substances, including alpha-PVP, more widely known as "flakka." It is now illegal to distribute flakka, synthetic opiates, and a score of other chemicals.

Chronicle AM: Federal Sentencing Reform Advances, OH Legalization Init in Dead Heat, More (10/22/15)

It's nail-biting time for marijuana legalizers in Ohio -- and for different reasons in California -- the Obama administration rolls out new measures to deal with heroin and prescription opiates, a federal sentencing reform bill advances, and more.

The Senate Judiciary Committee has approved a sentencing reform bill. (nadcp.org)
Marijuana Policy

Billionaire Philanthropist Sean Parker Circulating California Legalization Initiative Draft. Napster cofounder and early Facebook president Sean Parker has a team of lobbyists and political consultants circulating a draft legalization initiative this week. The move comes as the state's legalization effort is in turmoil, with state activists organized as ReformCA having drafted their own initiative, only to see national reform groups, such as the Drug Policy Alliance and Marijuana Policy Project, drift away. Click on the link for all the juicy details.

Another Ohio Poll Has Legalization Initiative in Dead Heat. A second poll this week has found the ResponsibleOhio legalization initiative race "too close to call." A new Bowling Green State University poll has the initiative supported by 44.4% of "likely voters," with 42.9% opposed. Among "definite voters," the measure does a bit better, getting 46% support, with 45% opposed and 9% undecided. Earlier this week, a University of Akron Buckeye poll had voters evenly split at 46%.

Heroin and Prescription Opiates

Obama Announces New Steps to Combat Heroin and Prescription Drug Abuse. The administration announced Wednesday that it is moving to increase access to drug treatment and to expand the training of doctors who prescribe opiates in a bid to fight high levels of heroin and prescription opiate use. The plan includes doubling the number of doctors who can prescribe the maintenance drug buprenorphine. The administration has a "sense of urgency that we at the federal level can do more to address this issue," said ONDCP head Michael Botticelli. Click on the link for much more.

Sentencing

Senate Judiciary Committee Approves Sentencing Reform and Corrections Act. The committee today voted 15-5 to advance the bill, S. 2123, which would reduce mandatory minimum drug sentences, expand the federal "safety valve," expand early release and reentry programming, and make other sentencing reforms retroactive.

International

Capture of Gulf Cartel Leader Sparks Weekend of Violence in Matamoros. The mayor of the Mexican border city just across the Rio Grande River from Brownsville, Texas, has warned residents to exercise caution and stay indoors after the arrest last Friday of a Gulf Cartel leader sparked a weekend of clashes between security forces and cartel gunmen. Prado "El Ciclon 7" Rodriguez, the cartel's Matamoros boss, was captured Friday morning, with traffic blockades and gunfights breaking out that same day and continuing through the weekend.

Sweeping Bipartisan Federal Sentencing Reform Legislation Filed [FEATURE]

A bipartisan group of senators including heavyweights like Senate Judiciary Committee Chairman Chuck Grassley and Assistant Democratic Leader Dick Durbin rolled out comprehensive sentencing reform legislation Thursday. The bill aims at reducing prison sentences for some drug offenders and seeking to curb recidivism by bolstering reentry programs for prisoners. The legislation would, however, also expand mandatory minimum sentences in some for some non-drug offenses.

The Sentencing Reform and Corrections Act of 2015 is also cosponsored by Senators John Cornyn (R-TX), Sheldon Whitehouse (D-RI), Mike Lee (R-UT), Charles Schumer (D-NY), Lindsey Graham (R-SC), Patrick Leahy (D-VT), and Cory Booker (D-NJ).

It is arguably the most sweeping legislation to roll back drug war excesses yet, and it represents "small government" conservatives cooperating with liberals and civil rights advocates -- a remarkable step in this era of poisoned partisan relations in Washington. If passed, it would free some currently serving prisoners, as well as cut sentences for future offenders.

The bill narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening ways defendants with minimal non-felony criminal histories can avoid triggering mandatory minimum sentences. The bill also reduces certain mandatory minimums, providing judges with greater discretion when determining appropriate sentences, and preserves "cooperation incentives" to aid law enforcement in tracking down kingpins.

In addition to reducing prison terms for some offenders through sentencing reform, qualifying inmates can earn reduced sentences through recidivism reduction programs outlined in the CORRECTIONS Act introduced by Cornyn and Whitehouse. The bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences.

According to a summary provided by Sen. Grassley's office, the bill:

Reforms and Targets Enhanced Mandatory Minimums for Prior Drug Felons: The bill reduces the enhanced penalties that apply to repeat drug offenders and eliminates the three-strike mandatory life provision, but it allows those enhanced penalties to be applied to offenders with prior convictions for serious violent and serious drug felonies.

Broadens the Existing Safety Valve and Creates a Second Safety Valve: The bill expands the existing safety valve to offenders with more extensive criminal histories but excludes defendants with prior felonies and violent or drug trafficking offenses unless a court finds those prior offenses substantially overstate the defendant's criminal history and danger of recidivism. The bill also creates a second safety valve that gives judges discretion to sentence certain low-level offenders below the 10-year mandatory minimum. But defendants convicted of serious violent and serious drug felonies cannot benefit from these reforms.

Reforms Enhanced Mandatory Minimums and Sentences for Firearm Offenses: The bill expands the reach of the enhanced mandatory minimum for violent firearm offenders to those with prior federal or state firearm offenses but reduces that mandatory minimum to provide courts with greater flexibility in sentencing. The bill also raises the statutory maximum for unlawful possession of firearms but lowers the enhanced mandatory minimum for repeat offenders.

Creates New Mandatory Minimums for Interstate Domestic Violence and Certain Export Control Violations: The bill adds new mandatory minimum sentences for certain crimes involving interstate domestic violence and creates a new mandatory minimum for providing weapons and other defense materials to prohibited countries and terrorists.

Applies the Fair Sentencing Act and Certain Sentencing Reforms Retroactively

Provides for Prison Reform based on the Cornyn-Whitehouse CORRECTIONS Act: The bill requires the Department of Justice to conduct risk assessments to classify all federal inmates and to use the results to assign inmates to appropriate recidivism reduction programs, including work and education programs, drug rehabilitation, job training, and faith-based programs. Eligible prisoners who successfully complete these programs can earn early release and may spend the final portion (up to 25 percent) of their remaining sentence in home confinement or a halfway house.

Limits Solitary Confinement for Juveniles in Federal Custody and Improves the Accuracy of Federal Criminal Records

Provides for a Report and Inventory of All Federal Criminal Offenses

Senator Cory Booker (D-NJ) is a bill cosponsor (wikimedia/Bbsrock)
"This historic reform bill addresses legitimate over-incarceration concerns while targeting violent criminals and masterminds in the drug trade," Grassley said. "This bill is an important component in my ongoing effort as Judiciary Committee chairman to ensure access to justice for both the victims and the accused."

"The United States incarcerates more of its citizens than any other country on earth," said Durbin. "Mandatory minimum sentences were once seen as a strong deterrent. In reality they have too often been unfair, fiscally irresponsible and a threat to public safety. Given tight budgets and overcrowded prison cells, our country must reform these outdated and ineffective laws that have cost American taxpayers billions of dollars. This bipartisan group is committed to getting this done."

"Crafting criminal justice reform in this Congress is like a Rubik's cube, but this group of Republicans and Democrats worked hard to come up with a fair and balanced package that will make a real difference," said Schumer. "This bill would make much needed reforms to sentencing for nonviolent offenders, resulting in a much fairer criminal justice system. I'm hopeful that we can continue moving the ball forward in a bipartisan way to make the reforms our system needs."

"For decades, our broken criminal justice system has held our nation back from realizing its full potential," said Booker. "Today, we take a step forward. Mass incarceration has cost taxpayers billions of dollars, drained our economy, compromised public safety, hurt our children, and disproportionately affected communities of color while devaluing the very idea of justice in America. The Sentencing Reform and Corrections Act is a promising, bipartisan step forward to help right this wrong."

Although the bill doesn't move completely away from the resort to mandatory minimums, it is still garnering general support among the civil rights, drug reform, and criminal justice reform communities.

The bill aims to reduce federal prison populations. (nadcp.org)
"The legislation is recognition from leadership in both parties that the war on drugs has failed and that the harsh sentencing laws that appealed to lawmakers in the 80s and 90s have had disastrous consequences -- especially for communities of color," said Michael Collins, Policy Manager at the Drug Policy Alliance. "There are things we like about the bill and things we don't, and much more action is needed to tackle mass incarceration, but this is a worthy compromise."

"In an age of intense partisan conflict, it's heartening to see lawmakers across the spectrum working together on restoring justice in this country," said Maj. Neill Franklin (Ret.), executive director for Law Enforcement Against Prohibition (LEAP), a group of criminal justice professionals working to end the drug war. "We could reduce the impact that drug prohibition has on people of color and for so many others who have been victims of unreasonable and ineffective drug prohibition laws. There's still a lot of work to be done, but this is a considerable step in the right direction."

The Leadership Conference on Civil and Human Rights was also on board.

"Today marks a unique moment in our history and an important step forward in making long overdue reforms to our justice system," said Wade Henderson, the group's CEO. "This bill represents the most robust bipartisan effort at criminal justice reform in years. "This harmonic convergence of left and right -- of civil rights and small government advocates -- represents a coalition of conscience that can carry this legislation to the White House. We applaud the effort and look forward to working with the cosponsors on this legislation."

Now, the bill has to actually get through Congress. Given the high-powered and bipartisan support in the Senate, prospects look good there, but whether the House will be willing to sign on remains to be seen.

Chronicle AM: Senate Has Deal on Sentencing Reform, OR Legal Pot Sales Begin Today, More (10/1/15)

Oregon dispensaries can now sell marijuana to all comers (21 and over), a bipartisan group of senators announces a deal on major sentencing reform, Albuquerque's mayor vetoes decrim again, heroin policy on the campaign trail is featured, and more.

now on sale to adults in Oregon (wikimedia/Mangokeylime)
Marijuana Policy

Family Physicians Say Marijuana Should Be Decriminalized, Rescheduled. Meeting in Denver, the American Academy of Family Physicians has passed two resolutions on marijuana policy. The first originally called for legalization, but was watered down to decriminalization, while the second calls on the DEA to move marijuana from Schedule I to Schedule II of the Controlled Substances Act. Click on the link for details on the debate.

California Marijuana Arrests Decline to Lowest Level Since 1966. Data from the FBI's annual Uniform Crime Report shows that pot arrests in the state are at the lowest in nearly 50 years. Some 19,711 people were arrested on marijuana charges last year, down slightly from 20,346 in 2013. Arrests have nose-dived since the state decriminalized possession in 2008. But some things apparently never change: Blacks were arrested for marijuana offenses at a rate more than twice their percentage of the state's population.

Legal Recreational Marijuana Sales Are Now Underway in Oregon. Medical marijuana dispensaries across the state began selling pot to anyone with an ID showing he is 21 or over today. State officials moved to allow dispensaries to start selling recreational marijuana early in order to allow Oregonians to have a place to legally purchase it until adult use shops open next year. Not all dispensaries are participating; about 200 of the 345 in the state are.

Albuquerque Mayor Vetoes Decriminalization (Again). Mayor Richard Berry has vetoed a decriminalization ordinance passed by the city council. He vetoed a similar measure last year. In a veto statement, he said he had a "hard time signing legislation that preempts state and federal law." Except that it doesn't. Decriminalization has majority support in the city and Bernalillo County, but the mayor doesn't appear to be listening.

Heroin and Prescription Opiates

Heroin As a Campaign Issue. This USA Today story looks primarily at the attention Hillary Clinton is paying to heroin and opiate addiction in New England and the role of Vermont Gov. Peter Shumlin (D) in advising her on drug policy, but also mentions Carly Fiorina and Bernie Sanders. Jeb Bush has also been talking about addiction this week.

Sentencing

Senators Reach Deal on Sentencing Reform Package. A bipartisan group of senators announced a historic deal on criminal justice reform Thursday, rounding out a negotiation process that has lasted almost five months. The bill, spearheaded by Judiciary Committee Chairman Chuck Grassley (R-IA), will involve reductions in mandatory minimum sentences for drug offenses, an expansion of the federal "safety valve" (which allows judges to use their discretion to sentence people below statutory mandatory minimums), and will expand reentry programming and early release, among other things. Look for a Chronicle feature story on this in coming days.

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

Chronicle AM: CA on Verge of Regulating MedMJ, Federal No Mandatory Minimums Drug Bill Filed, More (9/11/15)

Nearly 20 years after the passage of Prop 215, California may finally get statewide medical marijuana regulation; the Illinois governor's veto pen has an impact, but also gets blunted; there's a new report on drug policy and human rights in Latin America, and more.

Rep. Maxine Waters (D-CA) has filed a bill to end mandatory minimum sentences for drug offenses. (house.gov)
Marijuana Policy

Illinois Decriminalization Bill Dies… For Now. The bill, House Bill 218, passed out of the legislature, only to be the subject of an amendatory veto by Gov. Bruce Rauner (R), in which he made several changes to the text of the bill. Now, the clock has run out on the legislature approving that language, but a new bill is expected to emerge and the state could still pass decriminalization this year.

Medical Marijuana

California Legislators Set to Pass Historic Medical Marijuana Regulation Package. Before day's end, the legislature is expected to approve bills that would finally bring statewide regulation to the thriving industry. The bills, Assembly Bill 266 and Senate Bill 643, are to be amended and passed today and then signed by Gov. Jerry Brown (D). Passage should create a full-fledged, highly regulated system with licensing for all stages of cultivation, production, distribution, and sales.

Illinois Governor Vetoes Medical Marijuana for PTSD. Gov. Bruce Rauner (R) Thursday vetoed a measure that would have allowed people with Post-Traumatic Stress Disorder to qualify for medical marijuana. His administration also refused to expand access to medical marijuana for 10 other ailments. The Illinois Medical Cannabis Advisory Board had recommended adding the 11 conditions, but Rauner killed PTSD and the Department of Public Health killed the rest. Rauner said expanding the program was premature.

Heroin and Prescription Opiates

Senators Call for Review of FDA Decision on Oxycontin for Kids. A bipartisan group of senators have asked the Senate Health, Education, Labor, and Pensions Committee to investigate the Food and Drug Administration's August decision to approve the use of the powerful pain reliever in pediatric patients. The senators called the FDA move "a step in the wrong direction" in the face of growing levels of opiate dependency and abuse.

Illinois Legislature Overrides Veto of Heroin Treatment Funding. The state Senate Wednesday voted 44-11 to override Gov. Bruce Rauner's (R) veto of portions of an omnibus heroin bill that would have mandated Medicaid paying for drug treatment for heroin users. The state House had already voted to override, so now the whole range of House Bill 1 will go into effect.

Asset Forfeiture

California Legislature Kills Asset Forfeiture Reform Bill. Under heavy lobbying pressure from law enforcement, the state Assembly Wednesday killed Senate Bill 443, which would have reformed civil asset forfeiture in the state. The bill had enjoyed bipartisan support and nearly unanimous votes prior to the final Assembly vote. But there is still a chance the bill will be reconsidered and passed today, the last day of the session. Stay tuned.

Sentencing

Senator Kelly Ayotte Introduces Bill to Increase Fentanyl Trafficking Sentences. Sen. Ayotte (R-NH) Thursday filed S. 2027 to increase penalties for the synthetic opioid. There are no particulars on the bill available yet.

Rep. Maxine Waters Introduces Bill to End Mandatory Minimums for Drug Offenses. Rep. Waters (D-CA) Thursday filed H.R. 3489, "to eliminate mandatory minimum sentences for all drug offenses." There are no particulars on the bill available yet.

International

New Report Examines Drug Policy and Human Rights in Latin America. The Argentine Center for Legal and Social Studies (CELS) has released a new report, The Impact of Drug Policy on Human Rights: The Experience of the Americas, covering a wide range of issues, from long prison sentences for minor drug offenses to the way harsh drug policies run counter to international human rights standards. The report also highlights how such policies have a disproportionate effect on the poor, minorities, and other vulnerable members of society.

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

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

British police in Durham have decided they have better things to do than go after small-time pot offenders. (wikimedia.org)
Marijuana Policy

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

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

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

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

Sentencing

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

Law Enforcement

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

International

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

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