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Marijuana: New Hampshire House Passes Decriminalization Bill, But Without Veto-Proof Majority
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Feature: Senate Judiciary Committee Unanimously Passes Bill to Reduce Crack/Powder Cocaine Sentencing Disparity
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Press Release: Senate Judiciary Votes to Reform Federal Crack Law
FOR IMMEDIATE RELEASEÂ Â Â Â Â
Date:Â March 11, 2010Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â
Contact:Â [email protected]Â Â Â Â Â Â Â Â Â Â Â Â Â Â
Â
BREAKING NEWS:
Senate Judiciary Votes to Reform Federal Crack Cocaine Sentencing Policies
Eliminates first mandatory minimum since Nixon Administration
WASHINGTON, D.C. â Moments ago, the U.S. Senate Judiciary Committee unanimously passed a bill that would reduce the sentencing disparity between federal crack and powder cocaine offenses.Â
The bipartisan vote to approve an amended version of Senator Richard Durbinâs (D-Ill.) bill, S. 1789, acknowledged that disparate sentencing policies enacted for federal crack cocaine offenses in 1986 have had a negative impact on the nationâs criminal justice system.Â
The amended bill would reduce the ratio between crack and powder cocaine from 100:1 to 20:1 and direct the U.S. Sentencing Commission to enhance penalties for aggravating factors like violence or bribery of a law enforcement officer. Significantly, the bill also would eliminate the mandatory minimum sentence for simple possession of crack.
âThis is an exciting vote, but also disappointing. We hoped the Committee would go further in making crack penalties the same as powder. There was no scientific basis for the 100:1 disparity between crack and powder cocaine created 24 years ago, and there is no scientific basis for todayâs vote of 20:1 ,â said FAMM President Julie Stewart. âHowever, if this imperfect bill becomes law, it will provide some long-overdue relief to thousands of defendants sentenced each year.
With regard to the billâs provision that would eliminate the mandatory sentence for simple possession of crack, Ms. Stewart stated, âIf enacted, this legislation would repeal a mandatory minimum law for the first time since the Nixon administration.â
Under the Senateâs proposed 20:1 ratio, a conviction for 28 grams of crack cocaine will trigger a five year prison sentence and for 280 grams of crack a 10 year sentence.  The 20:1 ratio could affect an estimated 3,100 cases annually, reducing sentences by an average of about 30 months. The bill would not, however, reduce sentences for those currently incarcerated for crack offenses. Impact of the amendmentâs other provisions has not yet been calculated.Â
The House Judiciary Committee passed its own crack cocaine sentencing reform bill on July 29. H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009, introduced by Congressman Robert âBobbyâ Scott (D-V.A.), removes references to âcocaine baseâ from the U.S. Code, thus treating all cocaine, including crack, the same for sentencing purposes.
Families Against Mandatory Minimums is a national nonprofit, nonpartisan organization supporting fair and proportionate sentencing laws that allow judicial discretion while maintaining public safety. For more information on FAMM, visit www.famm.org or contact Monica Pratt Raffanel at [email protected]
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LEAP's Dispatches from the Front Line...March 2010
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The DEA is Going Rogue!
You Can Make a Difference |
Dear friends, Even a directive from the president hasnât stopped the DEA from bullying the medical marijuana community. Help us hold the DEA accountable by donating today. Last month, DEA agents raided the home of a Colorado medical marijuana supplier who was providing sick people with the medicine they need. The raid came months after President Obama told federal law enforcement to stop arresting people who grow or supply medical marijuana in states where itâs legal. Weâre determined to end the harassment of medical marijuana patients and providers. By making a donation today, you can help hold the DEA responsible for its abuses. The DEA is defying the presidentâs directive on medical marijuana under the watchful eye of acting director Michele Leonhart, a Bush administration holdover and drug war zealot. We're mounting a campaign to block her from becoming the permanent head of the DEA. With your generous support, we can take the power to halt progress out of Michele Leonhart's hands. Donate today and help us demand an appointee who will approach our nationâs drug issues with reason, science and compassion. Sincerely, Bill Piper  |
Press Release: More States Embrace Marijuana Decriminalization
FOR IMMEDIATE RELEASEÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â
MARCH 10, 2010
More States Embrace Marijuana Decriminalization
Measures to impose a fine for marijuana possession make key advances this month in New Hampshire, Hawaii, and Vermont
CONTACT: Mike Meno, MPP assistant director of communications â¦â¦â¦â¦â¦ 202-905-2030
WASHINGTON, DC â With numerous states facing significant budget shortages, legislators and voters across the country this month have been giving overwhelming support to measures that would reduce the penalty for possession of small amounts of marijuana to a civil fine.
        Yesterday in New Hampshire, the state House voted 214-137 to pass H.B. 1653, a bill that would reduce the penalty for possession of up to a quarter-ounce of marijuana with a civil fine of up to $200.
        In Hawaii, the state Senate voted 22 to 3 on March 2 to pass SB 2450, a bill that would eliminate criminal penalties for the possession of up to one ounce of marijuana and replace them with a civil fine of up to $300 for a first offense and $500 for a subsequent offense.
        And in Vermont, 72% of voters in Montpelier approved a non-binding ordinance asking the state legislature âto pass a bill to replace criminal penalties with a civil fine for adults who possess a small amount of marijuana.â
        âTaken together, these developments demonstrate how an increasing number of voters and lawmakers across the country no longer support the notion that otherwise law-abiding citizens should be arrested, slapped with a criminal record and possibly thrown behind bars, simply for choosing to use a substance that is safer than alcohol,â said Karen OâKeefe, director of state policies for the Marijuana Policy Project. âWe know from efforts in other states that decriminalizing the possession of small amounts of marijuana allows police to focus on more serious crimes and also produces a net financial gain through saved law-enforcement costs and the revenue generated by civil fines. Lawmakers everywhere should take heed of these examples, especially in these troubled economic times.âÂ
        Currently 12 states have laws that reduce the penalties for possession of small amounts of marijuana to a civil fine. A decriminalization bill in Rhode Island is co-sponsored by 48% of House members. Â
        With more than 124,000 members and supporters 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 www.mpp.org.
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Long-time Drug Warrior Changes His Mind, Supports Medical Marijuana and Decriminalization
And I'm sure it sounds nothing like what Dilulio wrote this month in Democracy Journal:
⦠legalize marijuana for medically prescribed uses, and seriously consider decriminalizing it altogether. Last year there were more than 800,000 marijuana-related arrests. The impact of these arrests on crime rates was likely close to zero. There is almost no scientific evidence showing that pot is more harmful to its usersâ health, more of a "gateway drug," or more crime-causing in its effects than alcohol or other legal narcotic or mind-altering substances. Our post-2000 legal drug culture has untold millions of Americans, from the very young to the very old, consuming drugs in unprecedented and untested combinations and quantities. Prime-time commercial television is now a virtual medicine cabinet ("just ask your doctor if this drug is right for you"). Big pharmaceutical companies function as all-purpose drug pushers. And yet we expend scarce federal, state, and local law enforcement resources waging "war" against pot users. That is insane.
Well, it certainly is and Dilulio deserves credit for his candor, particularly given the likelihood of hugely pissing off his former colleagues (not that they don't deserve it). I hope we hear more from him, both because there's nothing more powerful than former drug warriors speaking out for reform, and because I'm just intensely curious if there were specific events or observations that triggered the evolution of his thinking on these issues.
Moments like this illustrate something powerfully important: any of our opponents could come around at any time. Most won't, and predicting who will is probably impossible, but recognizing that any of these people could potentially end up on our side someday is instructive in terms of how we might choose to interact with them on the rare occasions that big-time drug warriors emerge from their bunkers for public engagement.
It's so easy to just hate the hell out of these people that want to put us in jail, that lie reflexively and professionally, and that preside over monumental injustices with smug callousness. But we have nothing to gain by loathing them and much to lose if our frustration betrays opportunities to build bridges that could one day foster further defection from the ranks of the great drug warrior army.
As the war on drugs continues to cascade out of favor with academics, politicians and the public, those whose careers have been defined by defending it will suffer the greatest disillusionment and may soon crave the embrace of the kind, generous and forgiving people they spent so many years trying to destroy. It would serve our interests well to make it clear that they are always welcome among us.
Marijuana: New Hampshire House Passes Decriminalization Bill, But Without Veto-Proof Majority
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