Sentencing

Senators File Bill to Undo Supreme Court Decision on Crack Sentencing, CO Pot Tax Initiative, More... (10/4/21)

by psmith, October 04, 2021, 04:26pm, (Issue #1141)

A bipartisan group of leading senators files a bill to ensure that low-level federal crack prisoners get the same shot at retroactive sentence reductions as other crack offenders, a Colorado initiative would increase pot taxes to fund educational programs for low-income kids, and more.

Denver. As legal marijuana production hits a record, an initiative would increase taxes to help educate kids. (Creative Commons)

Marijuana Policy

Colorado Produced Almost Two Million Pounds of Legal Marijuana Last Year. According to a report just released by the state's Marijuana Enforcement Division, state-legal marijuana growers produced nearly two million pounds of weed last year. That was 25 percent higher than the 2019 figure. Recreational marijuana accounted for the bulk of weed produced, with 1.38 million pounds, while medical marijuana producers added and 449,000 pounds. Not surprisingly, 2020 also saw the highest marijuana sales since legalization, with nearly $2.2 billion worth of marijuana products sold.

Colorado Initiative Would Increase Marijuana Taxes to Pay for Educational Programs for Kids. When state voters go to the polls in November, they will have an opportunity to vote on whether to raise the state's recreational marijuana sales tax to pay for out-of-school educational programs for children between five and 17, with low-income kids being prioritized. Proposition 119 has already qualified for the ballot. It would increase the sales tax from 15 percent to 20 percent over a five-year period, starting with a three percent increased in 2022 and four percent in 2023. The goal is to raise $137 million a year for the programs.

Sentencing Policy

Senators Introduce Bill to Correct Supreme Court Ruling on Retroactivity of Crack Cocaine Sentencing Reform. A bipartisan group of senators including Dick Durbin (D-IL), Chuck Grassley (R-IA), Cory Booker (D-NJ) and Mike Lee (R-UT), have introduced the Terry Technical Correction Act, which clarifies that all offenders who were sentenced for a crack cocaine offense before the Fair Sentencing Act of 2010 can apply for its retroactive application under Section 404 of the First Step Act, including individuals convicted of the lowest level crack offenses.

Section 404 of the First Step Act allows crack cocaine offenders to request a sentence reduction pursuant to the Fair Sentencing Act. The Fair Sentencing Act, authored by Durbin, reduced the federal sentencing disparity between crack and powder cocaine from 100:1 to 18:1. In 2018, the four were the lead sponsors of the First Step Act, which made the Fair Sentencing Act retroactive. Earlier this year in Terry v. United States, the Supreme Court held that low-level crack offenders, whose conduct did not trigger a mandatory minimum penalty, do not qualify for resentencing under Section 404 of the First Step Act. The effect of this holding is that individuals convicted of the offenses with the lowest levels of crack cocaine are not eligible for retroactive relief, whereas others are.

House Votes to End Federal Crack/Powder Cocaine Sentencing Disparity [FEATURE]

by psmith, September 30, 2021, 01:41am, (Issue #1141)

In an effort to undo one the gravest examples of racially biased drug war injustice, the House of Representatives voted Tuesday to end the federal sentencing disparity between crack and powder cocaine. HR 1693, the Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act of 2021, passed on a vote of 361-66, demonstrating bipartisan support, although all 66 "no" votes came from Republicans.

Amidst racially tinged and "tough on drugs" political posturing around crack use in the early 1980s, accompanied by significant media distortions and oversimplications, Congress passed the Anti-Drug Abuse Act of 1986, cosponsored by then-Senator Joe Biden (D-DE) and signed into law by Ronald Reagan. Under that bill, people caught with as little as five grams of crack faced a five-year mandatory minimum sentence, while people would have to be caught with 500 grams of powder cocaine to garner the same sentence.

While race neutral on its face, the law was disproportionately wielded as a weapon against African-Americans. Although similarly small percentages of both Blacks and Whites used crack, and there were more White crack users than Black ones, Blacks were seven times more likely to be imprisoned for crack offenses than Whites between 1991 and 2016. Between 1991 and 1995, in the depths of the drug war, Blacks were 13 times more likely to be caught up in the criminal justice meat grinder over crack. And even last year, the US Sentencing Commission reported that Black people made up 77 percent of federal crack prosecutions.

After years of effort by an increasingly broad alliance of drug reform, racial justice, human rights, religious and civic groups, passage of the 2010 Fair Sentencing Act took a partial step toward reducing those disparities. The FSA increased the threshold quantity of crack cocaine that would trigger certain mandatory minimums -- instead of 100 times as much powder cocaine than crack cocaine needed, it changed to 18 times as much. The 2018 FIRST STEP Act signed by President Trump allowed people convicted before the 2010 law was passed to seek resentencing. And now, finally, an end to the disparity is in sight.

Reform advocates praised the bill's passage in the House.

"After the murder of George Floyd, it was obvious that we as a country needed to work harder to stamp out racial discrimination in our justice system," Kevin Ring, president of Families Against Mandatory Minimums (FAMM), said in a statement after the vote. "Eliminating the crack-powder disparity, which has disproportionately and unfairly harmed Black families, was an obvious target. Today's huge bipartisan vote reflects the overwhelming public support for eliminating the crack disparity. We hope the Senate acts quickly to remove this 35-year-old mistake from the criminal code."

"For 35 years, the sentencing disparity between crack and powder cocaine, based on neither evidence nor science, has resulted in higher sentences that are disproportionately borne by Black families and communities. We applaud the House for passing the EQUAL Act, which will finally end that disparity, including for thousands of people still serving sentences under the unjust disparity who would now have the opportunity to petition courts for a reduced sentence," ACLU senior policy counsel Aamra Ahmad said in a statement.

"Congress should continue to work to end the war on drugs, including ending mandatory minimum sentences that disproportionately impact communities of color while failing to make us safer. Now that the House has taken this important action on the EQUAL Act, the Senate must quickly follow suit and finally end this racially unjust policy," she added.

The Senate version of the bill is S. 79, introduced by Senator Cory Booker (D-NJ) and cosponsored by fellow Democrat Dick Durbin (IL) and GOP Senators Rand Paul (KY), Rob Portman (OH), and Thomas Tillis (NC). After the vote, they prodded their Senate fellows to get moving.

"Today, House Republicans and Democrats joined together in passing the EQUAL Act, legislation that will once and for all eliminate the unjust federal crack and powder cocaine sentencing disparity," the bipartisan group said in a joint statement. "Enjoying broad support from faith groups, civil rights organizations, law enforcement, and people of all political backgrounds, this commonsense bill will help reform our criminal justice system so that it better lives up to the ideals of true justice and equality under the law. We applaud the House for its vote today and we urge our colleagues in the Senate to support this historic legislation."

The bill has the support of President Biden, who endorsed it June, but faces uncertain prospects in the Senate, as it needs at least ten Republican votes to not fall victim to a filibuster. Senator Charles Grassley (R-IA), who has shepherded sentencing reform bills through previously as Judiciary Committee chairman and is still the committee's top Republican, has spoken discouragely about the prospects. Still, the cause of criminal justice reform is one of the few areas where bipartisan deals are possible in Washington these days, and the current Congress is a long way from over.

House Passes Bill to End Crack/Powder Cocaine Sentencing Disparity, Bolivia Coca Growers Clash, More... (9/29/21)

by psmith, September 29, 2021, 04:14pm

Grand Rapids, Michigan, endorses a symbolic psychedelic reform, the House votes to end the crack/powder cocaine sentencing disparity, and more.

A crack cocaine user. Harsh federal crack penalties fell disproportionately on the Black community. (Creative Commons)

Psychedelics

Grand Rapids is Latest Michigan City to Endorse Psychedelic Decriminalization. The Grand Rapids City Commission on Tuesday approved a resolution calling for the decriminalization of natural psychedelics, such as psilocybin and ayahuasca. The resolution says "those seeking to improve their health and well-being through the use of Entheogenic Plants and Fungi should have the freedom to explore these healing methods without risk of arrest and prosecution." It passed 5-2, but activists were disappointed because the resolution merely expresses support for future reforms and does not make psychedelics a lowest law enforcement priority. Still, Grand Rapids joins a growing number of Michigan communities that have endorsed psychedelic reform, including Ann Arbor, and Detroit voters will have a chance to endorse psychedelic decriminalization with a measure that will appear on the ballot in November.

Sentencing Policy

House Passes Bill to End Crack/Powder Cocaine Sentencing Disparity. The House on Tuesday passed HR 1693, the Eliminating a Quantifiably Unjust Application of the Law Act of 2021or the EQUAL Act of 2021. The bill seeks to redress one of the gravest injustices of the drug war by eliminating the federal sentencing disparity for crack and powder cocaine offenses. The vote was 361-66, with all 66 "no" votes coming from Republicans. Under the Anti-Drug Abuse Act of 1986, signed into law by Ronald Reagan, people caught with as little as five grams of crack faced a five-year mandatory minimum sentence, while people would have to be caught with 500 grams of powder cocaine to garner the same sentence. The overwhelming majority of people federally prosecuted under the crack provision were Black, even though crack use was enjoyed by people from all races. The 2010 Fair Sentencing Act reduced that disparity from 100:1 to 18:1, and a 2018 criminal justice reform bill signed by Donald Trump allowed people convicted before the 2010 law was passed to seek resentencing. The bill now goes to the Senate, where the Senate version, S. 79, will need the support of at least 10 Republicans to pass. It currently has three GOP cosponsors: Sens. Rand Paul (KY), Rob Portman (OH), and Thomas Tillis (NC). Look for our feature article on the bill later today.

International

Bolivia Coca Growers Conflict Turns Violent. A power struggle among coca grower factions in La Paz has seen street fighting, volleys of tear gas and slingshot, clashes among grower factions and between growers and police. On Monday, a building near the central coca market in La Paz, control over which is being contested by the factions, went up in flames amid the clashes. Last week, several police vehicles were burned during similar protests. One grower faction, led by Arnold Alanes, the head of the coca management agency Adepcoca, is aligned with the governing Movement Toward Socialism (MAS) Party, while the other faction, led by government critic Armin Lluta, says MAS and former President Evo Morales are trying to seize greater control of the trade. But Alanes says he is being attacked because he is trying to eradicate corruption.

BOP Tells Certain Drug Prisoners to Apply for Clemency, Italy Marijuana Decrim Referendum, More... (9/13/21)

by psmith, September 13, 2021, 04:44pm

Italian activists and political parties are pushing a referendum on decriminalizing marijuana cultivation and possession, the Biden administration asks prisoners with certain drug offenses to apply for clemency, and more.

Some federal drug prisoners released to home confinement during the pandemic are urged to seek clemency. (Creative Commons)

Sentencing Policy

Biden Administration Asks Prisoners with Certain Drug Convictions to Apply for Clemency. As part of an effort to grant presidential relief to hundreds of federal drug prisoners now on home confinement because of the pandemic, the federal Bureau of Prisons (BOP) is now telling eligible individuals to start filling out applications for clemency. More than 8,000 federal inmates were let out on home confinement last year amid the pandemic, and the Trump Justice Department's position was that they would have to return to prison once the crisis was over. The Biden Justice Department appeared to agree with that position, but this move from the BOP is a strong signal that the administration is looking for ways to keep at least some people from going back to prison to finish their sentences.

International

Italian Push for Marijuana Decriminalization Underway. A number of pro-reform activist groups and political parties have launched a ballot campaign for a referendum to decriminalize domestic marijuana production and remove penalties for personal use. They have until September 30 to come up with 500,000 valid voter signatures and have gathered 100,000 since the campaign began last week. If the signature goals are met and verified by the Supreme Court of Cassation, the Constitutional Court will then rule on whether the question is in line with the Italian constitution. If yes, President Sergio Mattarella would set the date for the referendum, which would ask whether that portion of the country's drug law criminalizing marijuana possession or cultivation should be stricken.

Uruguay Increases THC Limit in Legal Marijuana, Ponders Allowing Tourist Sales. Four years after the country became the first in the world to allow legal recreational marijuana sales, the government of President Luis Lacalle Pou is moving to increase the THC limit in legal marijuana and is studying whether to modify regulations to allow sales to foreign visitors. "It seems to me that if we come up with a good proposal," Uruguay could open its regulated marijuana market to tourists, said National Drugs Board head Daniel Radio. "For the upcoming tourism season, it's highly unlikely, but I wouldn't rule it out." Under current law, adult citizens and foreign residents who sign up for a government registry can grow their own marijuana or buy 40 grams a month at registered pharmacies.

CT Legal Pot Sales Could Be Delayed, CA Hemp Bill Goes to Governor's Desk, More... (9/10/21)

by psmith, September 10, 2021, 04:47pm

There are signs South Dakota is moving away from harsh drug sentencing, GOP conservatives stick up for mandatory minimum fentanyl analog sentences, and more.

Marijuana Policy

hemp field (Creative Commons)

Connecticut Official Hints Launch of Legal Marijuana Sales Could Be Delayed. Department of Consumer Protection Commissioner Michelle Seagull said Wednesday that regulators working to implement legal marijuana sales still have details to work out before accepting applications and hinted that the roll-out of legal sales could be delayed. The state enacted marijuana legalization on July 1, and legal sales were originally set to begin in the summer of 2022. But Seagull said that likely will not happen: "We've been suggesting that there will likely be sales by the end of 2022, and we're still aspiring for that," Seagull said. "Obviously, we have to see how things play out in the next few months."

Hemp

California Hemp Regulation Bill Heads to Governor's Desk. Both the state Assembly and the state Senate this week approved a hemp regulation bill, Assembly Bill 45, which now awaits the signature of Gov. Gavin Newsom (D). The bill would allow hemp extracts, including CBD, to be added to food, beverage, and cosmetic products; establish new rules for hemp farmers and businesses; require out-of-state hemp imports meet new state standards; and limit the sale of intoxicating THC isomers such as delta-8 THC to legal marijuana sales channels, among other provisions.

Drug Policy

South Dakota Attorney General Weighs In on Ballot Measures to Reduce Penalties for Drug Ingestion, Possession. Attorney General Jason Ravnsborg (R) is weighing in on potential ballot measures that would reduce the penalty for unlawful drug ingestion from a felony to a petty offense and the penalty for drug possession from a felony to a misdemeanor. He sent separate statements to the secretary of state's office last week laying out language for altering the state's current harsh drug laws. The first proposed measure would reclassify the illegal possession of all controlled drugs or substances as class one misdemeanors, regardless of how their scheduled drug status in state law. That means instead of facing up to five years in prison, people caught with drugs would face a maximum of one year. The second ballot measure, focusing on the state's unique ingestion law, would drop the potential penalty from prison time to a $25 fine. No campaign has yet emerged to begin the process of qualifying such initiatives for the 2022 ballot.

Opioids

Congressional Republicans Attack Biden on Fentanyl Analog Scheduling, Claiming Plan is Soft on Drug Dealers. Ranking Republican members of the House and Senate Judiciary Committees sent a letter to the White House Thursday criticizing the Biden administration's proposal to permanently schedule fentanyl analogs because, they said, it was too easy on drug dealers. "While we support permanent scheduling of fentanyl-related substances, other aspects of the administration's proposal would shield drug traffickers from pushing poisonous drugs into our communities rather than hold them accountable by imposing existing penalties," said Rep. Jim Jordan (R-OH) and Sen. Chuck Grassley (R-IA). "We are particularly concerned that the provisions removing mandatory minimum penalties for fentanyl-related substance offenses would hinder prosecutorial efforts against serious drug traffickers and could even incentivize sophisticated criminal organizations to import and traffic fentanyl-related substances." Jordan and Grassley also asked for a list of stakeholders that influenced the administration's proposal, as well as "a list of examples in which federal law enforcement authorities have found that mandatory minimum penalties associated with fentanyl-related substances have supported criminal investigations to pursue high-level drug traffickers."

OH Marijuana Legalization Campaign Can Gather Signatures, Biden Considers Drug Sentence Commutations, More... (8/31/21)

by psmith, August 31, 2021, 04:35pm

An effort to force the DEA to reconsider the Schedule I status of marijuana has been shot down by the 9th Circuit, an Ohio marijuana legalization campaign gets the go-ahead to start signature gathering, and more.

Will the president commute some drug sentences to avoid sending people out on home confinement back to prison? (whitehouse.gov)

Marijuana Policy

Ohio Marijuana Legalization Initiative Campaign Gets Okay to Start Signature Gathering. A marijuana legalization initiative sponsored by the Coalition to Regulate Marijuana Like Alcohol was approved for signature gathering Monday by the Ohio Ballot Board. The board determined that the initiative indeed addresses a single issue -- marijuana legalization -- and can proceed. Backers must now come up with 132,887 valid voter signatures to put the proposal before the legislature. If the legislature refuses to act, rejects the proposal, or amend it within four months, backers could then collect another 132,887 valid voter signatures to put the issue directly before the voters in 2022.

Medical Marijuana

US 9th Circuit Rejects Bid to Make Feds Rethink Stance on Medical Marijuana. The US 9th Circuit Court of Appeals in San Francisco on Monday refused to make the federal government reconsider its decades-old position that marijuana is a dangerous drug with no accepted medical use. The ruling came in a case brought by medical marijuana researcher Dr. Suzanne Sisley and three veterans who claim harm from marijuana being classified as a Schedule I drug. The plaintiffs asked the court to force the DEA to revisit its stance, with plaintiff's attorney calling the DEA's stance "a relic of a bygone era." In their 16-page opinion Monday, a three-judge panel rejected the petition, finding Sisley and her co-petitioners failed to exhaust other avenues of relief that they could have pursued before coming to court.

Criminal Justice

President Biden Considering Commuting Sentences of Some Drug Offenders. In a bid to avoid forcing drug offenders released to home confinement because of the coronavirus pandemic back to prison after the emergency ends, President Biden is considering commuting their sentences by using his clemency powers. The proposal is aimed at nonviolent drug offenders with fewer than four years left on their sentences. Those with longer sentences or who committed other types of crimes would be out of luck. Normally, federal prisoners are only eligible for home confinement in the final six months of their sentences, and as many as 2,000 who were sent home are outside that limit and subject to being returned to prison when the COVID emergency ends (although thanks to recalcitrant Americans, that end date seems to be constantly receding). A Trump-era Justice Department memo concluded that once the emergency ends, legal authority to keep inmates in home confinement would "evaporate," but inmates advocates and some Democratic lawmakers are urging the administration to reject that memo and come up with a rationale to extend home confinements.

Gallup Says Nearly Half of US Adults Have Smoked Pot, Sri Lanka Drug War Abuses Called Out, More... (8/17/21)

by psmith, August 17, 2021, 04:45pm

Washington state's governor is moving to commute hundreds of drug possession sentences, a new Gallup poll has the number of Americans who admit ever using marijuana at an all-time high, and more.

The number of Americans who admit to having tried marijuana is at an all-time high, says Gallup. (Creative Commons)

Marijuana Policy

Gallup Poll: Percent of US Adults Who Have Ever Smoked Pot at Highest Point Ever. A new Gallup poll has the percentage of US adults who have ever tried marijuana at 49%, the highest figure Gallup has recorded to date. In 1969, just 4% said they had tried it, with that figure rising to 20% in 1977, 30% in 1985, and 40% in 2015. But the number of people who say they currently "smoke marijuana" is much smaller, staying steady at between 11% and 13% after jumping from the 7% in 2013, the first year Gallup asked the question. Trends in marijuana use are generational, with only 19% of people over 75 having tried it, compared with about half of millennials (51%), Generation Xers (49%) and baby boomers (50%).

Drug Policy

Washington State Governor Unveils New Process to Commute Hundreds of Drug Possession Sentences. Gov. Jay Inslee (D) on Monday rolled out a new method for hundreds of people seeking to commute their sentences for low-level drug convictions to do so. The move comes after the state Supreme Court invalidated the state's drug possession law because it did not require people to knowingly possess, leading the state legislature to pass a bill allowing people caught with drugs to be referred to a health evaluation and possible drug treatment for their first two offenses. Now, the governor is pushing expedited clemency for those eligible under the new policy and those currently on probation or paroled for low-level drug possession can directly petition the governor for a commutation.

International

Human Rights Watch Calls for Suspension of International Assistance to Sri Lanka Police over Abuses in War on Drugs, Fight Against COVID. Human Rights Watch has called on international donors and "partners" of the Sri Lankan police to suspend assistance to them because they "are increasingly killing and abusing people under cover of the Covid-19 pandemic measures and an anti-drug campaign." The group cited recent police abuses including alleged extrajudicial killings, torture, and arbitrary detention. It called on the government of Prime Minister Mahinda Rajapaksa to "restore independent oversight of the police and meaningfully investigate and prosecute alleged police abuses." "Sri Lanka's police seem intent on building on their past record of serious abuses, instead of cleaning up their act," said Meenakshi Ganguly, South Asia director at Human Rights Watch. "The UN, UK, and others working with Sri Lankan law enforcement should recognize that without the political will to reform on Sri Lanka’s part, their engagement risks appearing to endorse abusive agencies." Human Rights Watch noted two cases in May where men in arrested on drug charges were fatally shot while in police custody. It also noted that the Sri Lankan government placed the police and the National Dangerous Drugs Control Board under the Defense Ministry last year. The police crackdown on drugs has allegedly involved planting drugs on suspects, torture, and other ill-treatment in police custody or at "rehabilitation" centers run by the Army. A new report from Harm Reduction International found that "treatment" at those centers includes near-daily beatings and other physical abuses amounting to torture.

White House Considering Clemency for Federal Drug Offenders, WY Marijuana Initiatives Advance, More... (8/13/21)

by psmith, August 13, 2021, 04:47pm

A major drug crackdown in India's Assam state is raising fears of another bloody drug war like the one in neighboring Bangladesh, Wyoming marijuana inititives pass a first hurdle, and more.

Marijuana Policy

Wyoming Marijuana Initiatives Pass First Hurdle. The secretary of state has certified the first one hundred signatures for two marijuana-related marijuana initiatives, one for medical marijuana and one for recreational legalization. That certification means that the initiatives are now clearly for broader signature gathering to qualify for the November 2022 ballot. To qualify, petitioners must gather 41,776 valid voter signatures before February 14, 2022.

Criminal Justice

White House Says Biden Exploring Clemency for Federal Drug Offenders. White House Press Secretary Jen Psaki said Wednesday that President Biden is looking into using his executive authority to grant clemency to people with certain non-violent drug convictions. Her comments came in response to a question about plans for federal inmates who had been released to home confinement because of the coronavirus pandemic. The administration is "working hard every day to reform our justice system in order to strengthen families, boost our economy, give people a chance at a better future," Psaki responded. "As part of this, the president is deeply committed to reducing incarceration, helping people successfully reenter society. And he has said too many people are incarcerated—too many are black and brown. And he is therefore exploring multiple avenues to provide relief to certain nonviolent drug offenders, including through the use of his clemency power."

International

India's Assam State Launches War on Drugs. The northeastern Indian state of Assam has for years served as the primary transit corridor for drugs from neighboring Myanmar, particularly methamphetamine, and now the state government has launched a major crackdown, seizing record amounts of drugs and arresting more than 2,000 people since May, more than full-year totals for any previous year. Assam connects the northeast to the rest of India, and experts estimate that 80% of the drugs flowing into the state end up in the rest of the country. The crackdown comes after an ally of Prime Minister Narendra Modi, Himanta Biswa Sarma, became the state's chief minister in May, saying he was giving police a free hand to suppress drugs, including shooting suspects when necessary. So far only two people have been killed in police raids. Some experts fear Assam could descend into drug war violence like that which has occurred in neighboring Bangladesh, where methamphetamine use is rife, and police have have killed hundreds of suspected drug dealers since 2018.

US Prison, Parole, Probation Population Continues Slow Decline; $26 Billion Opioid Settlement, More... (7/22/21)

by psmith, July 22, 2021, 04:48pm, (Issue #1138)

Florida's Republican establishment may not be ready for marijuana legalization but the public is, the Justice Department drops an effort to send some First Step Act releasees back to prison, and more.

Drug distributors agree to pay out big-time for their role in the opioid crisis. (Pixabay)

Marijuana Policy

Florida Poll Shows Strong Support for Marijuana Legalization. A new poll from Public Policy Polling has support for marijuana legalization at 59%. Two different efforts to get an initiative before the voters last year were quashed by the state Supreme Court, and the Republican-led state legislature this year passed a bill making it more difficult to finance initiatives, which Republican Gov. Ron DeSantis signed into law. Translating public support into marijuana reform is going to be more difficult than ever now.

Opioids

Major Drug Distributors Reach Agreement on $26 Billion Opioid Settlement. The three largest US pharmaceutical drug distributors -- McKesson, Cardinal Health, and AmerisourceBergen -- and drugmaker Johnson & Johnson have reached an agreement with a group of state attorneys general to pay out $26 billion to settle lawsuits related to their roles in the widespread prescribing of prescription opioids and the subsequent wave of addiction and overdose deaths. "The numerous companies that manufactured and distributed opioids across the nation did so without regard to life or even the national crisis they were helping to fuel," said New York Attorney General Letitia James, one of the attorneys general from 15 states involved in the deal. "Today, we are holding these companies accountable and infusing tens of billions of dollars into communities across the nation." Responding to that wave of addiction and overdoses, the states and the federal government have moved to restrict opioid prescribing, even though chronic pain patients have found their access to their medications more difficult.

Sentencing

US Correctional Population Drops for 12th Straight Year. The Bureau of Justice Statistics (BJS) reports that in 2019, the number of people in the US in jail or prison or on probation or parole was 6,344,000, down 65,200, or 1%, over the previous year and marking the 12th year in a row that that figure has declined. At the end of 2019, 4,357,700 people were under community supervision (probation or parole), while there were 2,086,000 people behind bars in jails or prisons. The BJS report did not discuss the types of offenses for which people were under correctional supervision, but a 2020 Prison Policy Initiative report found 190,000 doing time for drug offenses in state prisons, 157,000 in local jails, and 78,000 in the federal prison system, meaning drug prisoners account for about one-fifth of the US incarcerated population.

Justice Department Drops Appeal of First Step Act Releases. The Justice Department has dropped an effort to re-imprison four New Jersey men who were released from prison under the First Step Act's retroactive crack cocaine sentencing provision. The men had been released in November 2019 after serving more than 20 years on crack charges, but the Trump Justice Department then sought to send them back to prison. The Biden Justice Department had been under pressure from groups such as Families Against Mandatory Minimums (FAMM), which applauded the decision, saying: "We raised this case among others with the Biden transition team as an appeal that should be dropped right away. It would have been cruel and unjust it would be to send these guys back."

ME Senate Defeats Drug Decrim Bill, House Approves Marijuana Research Language, More... (7/1/21)

by psmith, July 01, 2021, 04:38pm, (Issue #1136)

Medical marijuana is now legal in South Dakota, Austin activists roll out a municipal marijuana decriminalization initiative, and more.

You can expect to see these continue in Maine after the Senate defeated drug decriminalization. (Creative Commons)

Marijuana Policy

House Passes Bill to Let Researchers Access Marijuana from State-Legal Dispensaries. The House on Thursday approved an omnibus transportation bill that also includes language allowing researchers to get marijuana from state-legal dispensaries in order to study impaired driving. The measure would mandate a federal report with recommendations for creating a national clearinghouse with different marijuana samples for researchers from non-legal states. A transportation bill with similar marijuana research language is also moving in the Senate. The passage of the bill would be especially significant given the federal government's long history of stymying medical research through its historic monopoly on marijuana for research purposes, which puts medical marijuana in the Catch-22 of not winning FDA approvals becuase there has not been enough research.

Texas Activists Unveil Austin Marijuana Decriminalization Ballot Initiative. A new progressive group, Ground Game Texas, on Wednesday rolled out a campaign to put an initiative to decriminalize marijuana possession and ban no-knock warrants on the ballot in the state capital, Austin. The city currently handles small-time pot busts by issuing tickets, but the proposed initiative would end both arrests and citations, as well as barring citations for paraphernalia or residues. "Marijuana reform is a winning issue and local efforts will drive voter engagement. State lawmakers -- Democrats and Republicans -- failed us during the legislative session," said Heather Fazio, director of Texans for Responsible Marijuana Policy. "Maybe this level of political pressure will get their attention and bring them on board with meaningful reform statewide." To get on the November ballot, advocates will need 20,000 valid voter signatures by July 20.

Medical Marijuana

North Carolina Compassionate Use Act Wins First Committee Vote. The Senate Judiciary voted Wednesday to approve Senate Bill 711, the Compassionate Use Act. The measure would allow the use of marijuana for medical purposes and set up a system of taxed and regulated medical marijuana cultivation and distribution. It must also pass the Senate finance, health care, and rules and operations committees before heading for a floor vote.

Pennsylvania Governor Signs Medical Marijuana Expansion Bill. Gov. Tom Wolf (D) on Wednesday signed into law House Bill 1024, which updates the state's medical marijuana law to protect patient safety standards and product quality, as well as empowering the Medical Marijuana Advisory Board to consider adding new qualifying medical conditions. "It's been five years since Pennsylvania legalized medical marijuana, and in that time the Department of Health has examined the program's successes and challenges and made important recommendations on improving the law," Gov. Wolf said. "This legislation provides important updates to our state's medical marijuana program to ensure that patients have improved access to medication."

South Dakota State Troopers Will No Longer Arrest People with Less Than Three Ounces of Weed -- If It's Medical. With medical marijuana becoming legal in the state as of July 1, the office of Gov. Kristi Noem (R) has announced that state Highway Patrol troopers will no longer arrest people possessing up to three ounces of "natural and unaltered marijuana" as long as they have a patient card, or even if they don't, if they claim the marijuana is for medical use and offer some sort of documentation. Meanwhile, the state's largest city, Sioux Falls, has announced it will no longer make arrests for small-time pot possession. "Even if you don't have a medical marijuana card, the decision was made that on low level, low quantity offenses, it's a waste of resources to try and enforce the very, very complicated version of medical marijuana that was passed by the voter," Minnehaha County Sheriff Mike Milstead said. In a state where people are still arrested for testing positive for marijuana, this is progress.

Drug Policy

Maine Senate Votes Down Bill to Decriminalize Drug Possession. The Senate on Wednesday voted to kill a drug decriminalization bill, LD 967. The bill was opposed by Gov. Janet Mills (D) and by both some Democratic and Republican lawmakers, who argued that arresting and prosecuting drug users can help them get into treatment and stay straight. The bill had already passed the House amidst a drug overdose epidemic that saw deaths at a record rate in 2020 and early this year. "The Senate had an opportunity to provide people with desperately needed relief, and it failed," said Courtney Allen, policy director at the Maine Recovery Advocacy Project. "We need to change our drug laws if we want to save lives. LD 967 would have saved the state money and reinvested resources from the criminal system into access to recovery services. People need treatment and support to enter sustained recovery, not arrest and a criminal record."

Sentencing

Senators File Bill to Undo Supreme Court Decision on Crack Sentencing, CO Pot Tax Initiative, More... (10/4/21)

House Votes to End Federal Crack/Powder Cocaine Sentencing Disparity [FEATURE]

House Passes Bill to End Crack/Powder Cocaine Sentencing Disparity, Bolivia Coca Growers Clash, More... (9/29/21)

BOP Tells Certain Drug Prisoners to Apply for Clemency, Italy Marijuana Decrim Referendum, More... (9/13/21)

CT Legal Pot Sales Could Be Delayed, CA Hemp Bill Goes to Governor's Desk, More... (9/10/21)

OH Marijuana Legalization Campaign Can Gather Signatures, Biden Considers Drug Sentence Commutations, More... (8/31/21)

Gallup Says Nearly Half of US Adults Have Smoked Pot, Sri Lanka Drug War Abuses Called Out, More... (8/17/21)

White House Considering Clemency for Federal Drug Offenders, WY Marijuana Initiatives Advance, More... (8/13/21)

US Prison, Parole, Probation Population Continues Slow Decline; $26 Billion Opioid Settlement, More... (7/22/21)

ME Senate Defeats Drug Decrim Bill, House Approves Marijuana Research Language, More... (7/1/21)

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