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Silly Scott

Scott was being silly last Friday night when he published his "D.C. Needle Exchange Ban Lifted: Let's Do Heroin!" blog post. In fact, Scott was being silly in multiple ways. First, the DC needle exchange ban is only a ban on the District using its own tax dollars to fund the program. The PreventionWorks needle exchange program has been operating now for almost nine years, legally, and before that its predecessor program at the Whitman-Walker AIDS Clinic operated the exchange. It has been making do with private funding. Lifting of this ban means that PreventionWorks will be able to expand its operations, and that more needle exchange programs will be able to open, all of them together reaching more of the people who need the help. But it's not a matter of whether Scott personally could have gotten clean needles. Second, the PreventionWorks office is only a 15 minute walk from our office, so if Scott had really wanted to use heroin all this time, he wouldn't even have had to travel far to get clean needles. (It's a pretty walk, too, and there's a nice coffee shop in the neighborhood.) Third, as I pointed out in my editorial this week, the risk created by infected used syringes, while a major one, is by no means the only risk. So long as heroin itself continues to be illegal, the user will continue to be "at risk of overdose from fluctuating purity or poisoning from adulteration," and the addict will continue to suffer "severe financial debilitation from the high street prices created by prohibition," some of them "driven to extreme measures to afford drugs that would cost pennies to produce in a legal market." I know for a fact that Scott understands this as well as I do, and I published that editorial less than 24 hours before Scott wrote his blog post, so it must have been fresh in his mind. (Fourth, Scott was simply being sarcastic, in case anyone didn't realize it. He and I both scoff at the idea that more needle exchange will lead to increased drug use -- and we have the evidence to back us up.) So, I'm afraid that Scott and I will be holding out for legalization before we start shooting smack. I recommend that you wait too. (I'm being sarcastic too -- we also reject the idea that legalization will lead to large numbers of people using intense drugs like heroin who don't already use them now -- I certainly have no interest in it.)

Joe Biden Does Something Good On Drug Policy

I've taken swings at Joe Biden a couple times in The Speakeasy, so I'm very pleased to see this:
In a press release that does not seem to be available online, the American Civil Liberties Union praises Sen. Joseph Biden (D-Del.), historically one of the most gung-ho drug warriors in the Democratic Party, for introducing a bill that would eliminate the sentencing disparity between crack and cocaine powder. Previous proposals would have merely reduced the disparity, in some cases by making cocaine powder sentences more severe. By contrast, Biden's bill would raises the amount of crack that triggers a five-year mandatory minimum sentence to 500 grams, the same as the amount for cocaine powder. [reason]
Here's Biden's statement:
The current sentencing disparity between the two forms of cocaine is based on false notions and old logic. The bottom line is that there is no scientific justification for any disparity. Crack and powder are simply two forms of the same drug, and each form produces identical effects. I will soon be introducing legislation that eliminates the sentencing disparity completely, fixing this injustice once and for all.
Coming from a man whose drug war credentials include authoring the RAVE Act and creating ONDCP, this is an exciting surprise. While many consider fixing the crack/powder sentencing disparity a no-brainer, reducing federal drug sentences is certainly a bold move for Biden.

He's running for president right now, so Biden's willingness to challenge a drug war injustice suggests a shifting perception of the political implications of U.S. drug policy. As obviously flawed as the sentencing disparity is, it's not really that much more palatable than any number of other issues we're working on. If Biden can recognize this problem, there's much more he could potentially come to understand.

President Bush's Commutation Total Just Increased by 50%!

Bush pardons turkeys and political allies but lets
half a million nonviolent drug offenders rot.
The news just broke that President Bush has commuted Scooter Libby's sentence, leaving him with a conviction and a $250,000 fine. Most of the fine is going to be paid by his allies. This might not bother me as much -- I'm generally not a big fan of prison -- were it not that Bush has been such a "pardon Scrooge" during all of his now many years in office. In fact, as of last November the total number of commutations he had done numbered a mere two, according to SF Chronicle columnist Deb Saunders. What a coincidence that of all of the two million people languishing behind bars in this country, the vice president's former aide was one of only .00015% of them -- three people -- who deserved to be spared prison time! I've been watching drug policy, and criminal justice generally, for the last 14 years, and the sheer hypocrisy in this instance even blows me away. Either George Bush proceeds now to release nonviolent offenders in droves -- thousands and thousands of them -- or calling him a hypocrite will be the understatement of the millennium. Clarence Aaron and the Garrison twins would be three good people to start with. (Update: The president cannot commute state sentences, so change the .00015% I referred to earlier to .0015% instead. On the other side of the equation, though, a much higher percentage of federal incarcerations are of nonviolent drug offenses than of state incarcerations.)

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