Breaking News:Dangerous Delays: What Washington State (Re)Teaches Us About Cash and Cannabis Store Robberies [REPORT]

Clemency and Pardon

RSS Feed for this category

Chronicle AM: More Obama Commutations, SC Town Pays Big for Killing Teen in Pot Bust, More... (3/30/16)

The president has commuted sentences for another 61 federal drug offenders, Maine legalizers are fighting to get their signatures validated and their initiative on the ballot, a South Carolina town pays out big for the death of a local teen in a small-time pot bust, and more.

Zach Hammond's family has settled a lawsuit over his death in a small-time pot sting operation gone bad. (Hammond family photo)
Marijuana Policy

Maine Senate Approves Marijuana DUID Bill. The Senate voted 19-14 Wednesday to pass LD 1628, which establishes a blood level for THC over which the driver is presumed to be impaired. The bill sets the limit at 5 nanograms of THC per milliliter of blood, the same as the states of Colorado and Washington. The bill now goes to the House.

Maine Legalization Campaign Gets Hearing On Invalidated Signatures. At a court hearing Wednesday, the Campaign to Regulate Marijuana Like Alcohol fought to get more than 17,000 invalidated signatures reinstated. The campaign accused Secretary of State Matthew Dunlap of using an "unconstitutionally vague" interpretation of election laws to invalidate the signatures -- all of which were notarized by the same person. Dunlap said the notary's signature didn't match his on-file signature. By invalidating the 17,000 signatures, Dunlap ensured that the initiative campaign would not qualify for the November ballot. The court has until April 11 to render a decision.

Oregon Governor Signs Marijuana Edibles Bill. Gov. Kate Brown Tuesday signed into law Senate Bill 1511, which allows people 21 and over to purchase edibles and extracts at dispensaries. The bill also allows recreational pot stores to sell medical marijuana tax-free to registered patients.

Medical Marijuana

Rhode Island Patients Protest Proposed Medical Marijuana Tax. Protestors gathered at the State House Tuesday to just say no to Gov. Gina Raimondo's (D) plan to impose a tax on patient and caregiver growers. "We have pain, we have cancer, taxing us is not the answer," they chanted. Under her plan, caregivers would have to pay $350 per plant and patients who grow their own would have to pay $150. The protest took place just before the House Finance Committee took up the proposal.

Heroin and Prescription Opioids

Full Transcript of President Obama's Atlanta Remarks on Heroin and Pain Pills. The White House has released the full transcript of the discussion panel in which President Obama took part Tuesday as part of the National Prescription Drug Abuse and Heroin Summit in Atlanta. Click the title link for the transcripts.

Law Enforcement

Family of Zach Hammond Settles Police Killing Lawsuit. The South Carolina teenager was shot and killed by police last summer as he sat in his pick-up truck. The teenage girl who was his passenger was the target of an attempted bust over the sale of a bag of weed, and police shot Hammond as he attempted to pull away from the scene. His family has settled the lawsuit for $2.1 million. State investigators last year concluded that the killing was justified, but the city has just paid up.

Sentencing

Obama Pardons More Drug Offenders. President Obama today granted clemency to 61 more federal drug offenders, more than a third of whom were serving life sentences. That brings to 248 the number of sentences commuted by Obama, more than the six previous presidents combined. He was also set to meet today with people whose sentences had been commuted by previous presidents to discuss their experiences with reentry and how the process can be strengthened. On Thursday, he will hold a Life After Clemency briefing at 2:00pm EDT, which can be viewed live at www.whitehouse.gov/live.

Bill Maher-Inspired Protest Will Smoke Out the White House

This article was produced in collaboration with AlterNet and first appeared here.

Inspired by a warning from comedian Bill Maher that progress on marijuana reform could be rolled back after President Obama leaves office, advocates in the nation's capital have announced a bold protest next month to press Obama to move on marijuana while he still can.

While Obama has largely not interfered with marijuana legalization in states that have approved it, he has also signaled that he is not going to be proactive on the issue. A little more than a month ago, he said marijuana reform is not on his list of end-of-term priorities, and his press spokesperson, Josh Earnest, paraphrased his position thusly: "'If you feel so strongly about it, and you believe there is so much public support for what it is that you're advocating, then why don't you pass legislation about it and we'll see what happens.'"

Led by indomitable DC activist Adam Eidinger, the man behind the District's successful marijuana legalization initiative in 2014, the DC Cannabis Campaign is instead calling for supporters to gather in front of the White House to demand that Obama reschedule marijuana through executive action as he has the power to do, and that he pardon people jailed for marijuana crimes. Attendees will be encouraged to fire up in acts of civil disobedience.

In an interview with US News and World Report, Eidinger predicted at least a thousand people would show up, and maybe many, many more.

"There is a huge pent-up demand for this right now, we actually do have the support to do this," he said. "We're calling on the whole country to come. This is a national mobilization. Some of us may end up in jail, and that's fine. It's actually necessary at this point."

Eidinger said the DC Cannabis Campaign has polled its supporters on whether to organize the protest after Maher warned on his HBO show legalization in the states is at risk as long as federal pot prohibition remains. Maher toked up on air as he issued his warning. Maher will be invited to attend the protest, Eidinger said.

"We have to take action now, that's the idea," Eidinger explained. "If it's not going to happen under Obama, it's sure as hell not going to happen with Hillary."

Obama, who has said he considers marijuana no more harmful than alcohol, represents the best chance for rescheduling marijuana, and for emptying the prisons of pot offenders, Eidinger argued.

"He should pardon tens of thousands of marijuana growers in jail right now. And he should be pardoning them all," he says. "The war on drugs is a failure? Mass incarceration is a failure? Then do something about it."

Protestors are not anti-Obama, Eidinger said, they just want him to do the right thing.

"This is going to be an extremely personal protest with the president," Eidinger says. "It is not going to be Trump people out there. This is going to be his so-called base that thought he would do something for us essentially giving up. The only way to stop this protest is to start doing something. We threw the gauntlet down today, essentially."

See Maher's comments here:

Washington, DC
United States

The Top 10 Domestic Drug Policy Stories of 2015 [FEATURE]

As the year winds down, we look back on the big stories in drug policy, from marijuana reform to climbing fatal overdose levels to sentencing reforms and beyond.

Marijuana remained a major story this year. (wikimedia.org)
The Sky Hasn't Fallen on Legal Marijuana States. The great social experiment with marijuana legalization appears to be going off without a serious hitch, and that's great news for people in states where it will likely be an issue next year. No outbreaks of reefer-induced mass criminality have taken place, no hordes of zombie school kids have appeared. In fact, very little at all seems to have happened, except that in Washington state, marijuana arrests are way down, tax revenues are flowing in, and, and ditto for Colorado, where legal pot has created 16,000 jobs (not to mention thousands more in weed-related industries) and, in Denver at least, a real estate boom is going on. Evaluating the impacts of a policy shift like ending state-level marijuana prohibition is a complicated and long-term affair, but so far it we're not seeing any signs of major social policy disaster.

The Marijuana Majority Solidifies. Marijuana legalization is now consistently winning majority support in national polls. An April CBS News poll (released on 4/20) reported support at "an all-time high" at 53%, while a Pew Research poll that some month also came in at 53%. An October Gallup poll had support at 58%, a November Morning Consult poll had it at 55%. This is really quite remarkable: Less than a decade ago, fewer than a third of people were ready to legalize it. Beginning in 2012 or 2013, public opinion reached the tipping point, and now we've clearly tipped.

Groundwork Well Laid for Marijuana Legalization Efforts Next Year. Efforts are well-advanced in a half-dozen states states to put legalization initiatives on the ballot next year. A Nevada initiative has already qualified for the November ballot and a Massachusetts initiative has also met its initial signature gathering hurdle (but must let the legislature have a chance to act before gathering a token amount of additional signatures to qualify for November). Initiative signature gathering campaigns are also well-advanced in Arizona, Maine, and Michigan, and while the California effort lags behind, an initiative backed by some deep-pocketed funders should qualify for November as well. State polls in those states show majorities for legalization, but support numbers only in the 50s suggests that victories are by no means inevitable. Those numbers tend to get pushed down in the course of an actual campaign, especially if there's well-funded opposition. And serious efforts are underway in two states, Rhode Island and Vermont, to pass legalization at the state house next year.

Monopoly Marijuana Gets Rejected in the Heartland. In a clear signal that marijuana legalization is not inevitable, a well-funded, but equally well-loathed legalization initiative went down in flames in November. The ResponsibleOhio initiative would have enshrined within the state constitution a "monopoly" under which pot would be legalized, but only 10 growers could produce commercial pot crops. The effort was opposed by the state's Republican political establishment, as well as the usual suspects in law enforcement, but also by most of the state's marijuana legalization activists. Concerns about the role of industry money in the movement are on the rise, but ResponsibleOhio wasn't even industry money -- it was just a set of wealth investors hoping to cash in with their privileged positions in a newly legal and high lucrative industry.

Black Lives Matter's Policing Critique Implicates the Drug War. The most energetic mass movement since 2011's Occupy Wall Street (and beyond) is taking direct aim at policing abuses that have festered for a generation -- and the war on drugs is deeply implicated in them. BLM's Campaign Zero manifesto to end police violence includes numerous drug war-related reform targets. From the militarization of policing to mass incarceration, from stop-and-frisk to "policing for profit," the objects of BLM's ire are key components of the drug war, and the movement is raising the racial justice imperative in the loudest fashion possible.

Heroin overdoses are still on the increase. (New Jersey State Police)
Overdoses Kill Tens of Thousands, Harm Reduction Responses Emerge. Drug overdoses are now the leading cause of accidental death in the US, claiming some 44,000 lives a year. Heroin is involved in more than 8,000 of those deaths, but prescription opiates are involved in twice that number. Deaths related to prescription opiates are actually leveling off in line with a decrease in prescribing beginning in 2012, but heroin deaths, which quadrupled between 2002 and 2013, are not, especially as people who once had access to pain pills resort to the black market. With the rising death toll -- and the changing demographics of users; younger, whiter, less "urban" -- has come a new openness toward harm reduction measures that can actually save lives, especially the wider availability of the opiate overdose reversal drug naloxone (Narcan). Access to the drug is being increased around the country, thousands of lives are being saved, even the drug czar is for it. It's not like having supervised injection facilities, where users can inject under medical supervision, and which are proven to practically eliminate overdoses (Vancouver's InSite points to exactly zero fatal overdoses in nearly 16,000 injections), but it's a start.

Asset Forfeiture Reform Picks Up Steam. The use of asset forfeiture has been a favorite drug war tactic of police and prosecutors for years, and has grown to the point where federal law enforcement seized more from citizens than burglars did last year. It's been 15 years since the last round of federal asset forfeiture reform, and the pressure is building in Washington. The year started off with then Attorney General Holder abruptly limiting federal seizure sharing with state and local cops, which cut off a main conduit for local cops to get around state asset forfeiture laws (the federal equitable sharing program allowed seizing law enforcement agencies to keep 80% of seizures, while state laws often required seizures to go into general funds). That was followed by the filing of a Rand Paul bill to end federal civil asset forfeiture with a House panel signaling support. The practice is also under fire in the states, where more than a dozen took up bills this year. In two states, Maryland and Wyoming, bills passed the legislature, only to be vetoed by Republican governors, but new asset forfeiture reform laws went into effect July 1 in Montana and New Mexico and passed in Michigan in the fall. Look for more asset forfeiture reform battles next year, both in Congress and at the statehouse.

Some 6,000 drug war prisoners got out in one fell swoop at the beginning of November. (nadcp.org)
6,000 Federal Drug War Prisoners Come Home. At the end of October, the largest prisoner release in recent US history took place, with some 6,000 prisoners set free after their drug sentences were cut thanks to policy changes by the US Sentencing Commission. Another 8,000 are set to be released the same time next year. Along with other sentencing reforms enacted in the past few years, the move has resulted in the federal prison population declining for the first time since Ronald Reagan unleashed the modern drug war in the early 1980s.

Obama Commutes Drug Sentences. President Obama commuted the sentences of 68 drug offenders earlier this year, and just last week he commuted the sentences of nearly a hundred more. Obama has now issued more commutations (which actually free people still behind bars, as opposed to pardons, which are granted after the fact) than the last five presidents combined, and with some 35,000 having petitioned for commutations at the invitation of the Justice Department, we could well see another big batch next year before he leaves office.

Drug Policy Becomes a Presidential Election Issue. In a good way. On the issue of marijuana policy, Bernie Sanders has become the first serious mainstream presidential candidate to endorse marijuana legalization, and, as this Marijuana Policy Project report card on the presidential candidates shows, many of the others -- from both parties -- support medical marijuana, decriminalization, and/or a states' rights approach to legalization. Not all of them do, of course, but supporting marijuana reform is now a thoroughly mainstream position in presidential politics. Similarly, the candidates have been addressing high rates of prescription opiate and heroin use, with even some GOP candidates talking about treating addiction as a health and public health issue, not a criminal justice one. Democratic contenders have also been addressing the problem as a public health issue, most recently in the New Hampshire Democratic debate. We've come a long way from competing to see who can be the "toughest" on drugs.

(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: Obama to Free 93 Drug War Prisoners, Budget Deal Includes Drug Reforms, More (12/18/15)

The omnibus budget bill approved by Congress today includes several drug policy provisions, the president commutes the sentences of 93 drug war prisoners, Iranian parliamentarians move to end the death penalty for non-violent drug smuggling offenses, and more.

There will be a bit less overcrowding in federal prisons next spring. (nadcp.org)
Marijuana Policy

US Postal Service Doubles Down on Marijuana Advertising Mailing Ban. What started as a one-off letter to a small Washington state newspaper has now become official USPS policy nationwide. The agency's general counsel has penned a new letter directing postal carriers across the country to report marijuana ads to law enforcement, and now, Oregon federal representatives are trying to get to the bottom of it. "We are working as a delegation to quickly find the best option to address this agency's intransigence," said Sens. Ron Wyden and Jeff Merkley and Reps. Suzanne Bonamici and Earl Blumenauer in a statement. "We want federal authorities to respect decisions made by law-abiding Oregonians and small business owners in the state. Unfortunately, the outdated federal approach to marijuana as described in the response from the Postal Service undermines and threatens news publications that choose to accept advertising from legal marijuana business in Oregon and other states where voters have also freely decided to legalize marijuana."

Oregon Indian Tribe Votes to Approve Marijuana. Members of the Confederated Tribes of Warm Springs overwhelmingly approved a referendum that would allow for the growing, processing, and selling of marijuana. The referendum passed with 86% of the vote.

Medical Marijuana

Florida Supreme Court Okays Medical Marijuana Initiative Language. The state's high court determined that the initiative is limited to a single subject and its ballot wording informs voters fairly. That means if supporters collect enough valid voter signatures, the measure will appear on the November 2016 ballot.

Congress Passes Budget Bill That Bars DOJ From Interfering in Medical Marijuana States. The omnibus spending bill approved by Congress this morning includes several drug reform provisions, although reformers didn't get everything they wanted. The bill includes language blocking the Justice Department and DEA from spending money to interfere with state medical marijuana laws or hemp research projects and it also lifts a freeze on federal funding for needle exchange programs. But Congress failed to approve amendments to allow banks to provide financial services to marijuana businesses or to allow veterans to have access to medical marijuana, despite the Senate having approved both. And the Congress again included provisions that block Washington, DC, from taxing and regulating marijuana.

Hemp

Key Hemp Provision Added to the Omnibus Appropriations Act of 2016. The budget bill that passed Congress today protects the transportation, processing, and sale of hemp that is from Farm Bill-compliant pilot programs. The provision was added to the bill by Senate Majority Leader Mitch McConnell (R-KY).

Harm Reduction

Congress Passes Budget Bill That Includes End to Ban on Federal Needle Exchange Funds. The omnibus spending bill approved by Congress this morning lifts a freeze on federal funding for needle exchange programs. The ban had been put in place in the midst of drug war and AIDS hysteria in 1988 and was repealed in 2009, when Democrats controlled both chambers, but reinstated by congressional Republicans after they regained control of the House in 2011.Since then, outbreaks of HIV and Hepatitis C in southwestern Indiana and the impact of rising heroin use in states like Kentucky and West Virginia have weakened Republican opposition to restoring the funding.

Sentencing

Obama Commutes Sentences for Nearly a Hundred Federal Drug Prisoners. President Obama today commuted the federal prison sentences of 95 men and women, all but two of them drug offenders serving draconian sentences. He also issued pardons for two people who have already served their sentences. This single step nearly doubles the number of sentence commutations the president has issued in his seven years in office, bringing the total to 184. While that is a tiny fraction of the hundred thousand drug offenders serving federal time, the number of commutations is more than the previous five presidents combined.

International

Move to End Death Penalty for Drug Smuggling in Iran. At least 70 members of the Iranian parliament are supporting an effort to end the death penalty in nonviolent drug smuggling cases. The country is most likely the world's leading drugs executioner, with one UN official estimating that it will hang a thousand people for drug crimes this year. Lawmakers are preparing a bill to present to the parliament.

President Obama Commutes Sentences of Nearly a Hundred Federal Drug Prisoners

President Obama today commuted the federal prison sentences of 95 men and women, all but two of them drug offenders serving draconian sentences. He also issued pardons for two people who have already served their sentences.

President Obama commutes drug sentences. (whitehouse.gov)
Many had been imprisoned since the 1990s. Some were doing life sentences for drug offenses. Most were cocaine offenders, but the commutations also included people doing time for marijuana, meth, and heroin.

This single step nearly doubles the number of sentence commutations the president has issued in his seven years in office, bringing the total to 184. While that is a tiny fraction of the hundred thousand drug offenders serving federal time, the number of commutations is more than the previous five presidents combined.

Recent Republican presidents have tended to be stingier with the commutation power than recent Democrats. Jimmy Carter commuted 29 sentences and Bill Clinton commuted 61, but Ronald Reagan only commuted 13 and the Bush father and son team only commuted 14 between them.

Commutations apply to prisoners who are still serving their sentences, while pardons apply to those who have already completed them. The prisoners whose sentences were commuted today are set to walk out of prison next April.

"Most of the commutations the President has granted have been to nonviolent offenders sentenced under those unjust -- and now outdated -- drug crime sentencing rules," the White House said as it announced the commutations today. "If these individuals had been convicted for the exact same crime under today's laws, nearly all of them would have already finished serving their time."

The president sent a personal letter to each of the 95 people receiving a commutation: "I am granting your application because you have demonstrated the potential to turn your life around," he wrote. "Now it is up to you to make the most of this opportunity. It will not be easy and you will confront many who doubt people with criminal records can change… But remember that you have the capacity to make good choices. By doing so you will affect not only your life, but the lives of those around you. You will also influence, by your example, the possibility that others in your circumstances get their second chance in the future."

President Obama has taken other steps to address harsh drug war sentencing, including supporting and signing the Fair Sentencing Act, which reduced the disparity in crack and powder cocaine sentencing; creating a task force on 21st Century policing, and launching the Smart on Crime initiative, which includes the Justice Department modifying its policies on mandatory minimum sentencing.

Last year, he signaled that he wanted to make broader use of the clemency power, and Deputy Attorney General James Cole laid out criteria for those who would qualify. Those include people who are nonviolent, low-level offenders without significant ties to large gangs or cartels who have served at least 10 years of their sentence, have no other significant criminal history, have shown good conduct in prison, have no history of violence, and who would like have received a significantly lower sentence if sentenced today.

Since then, a consortium of lawyers calling itself Clemency Project 2014 has volunteered to handle and help process clemency requests. Tens of thousands of federal prisoners have responded. While President Obama has commuted more sentences than any recent president, there are thousands more that meet the criteria. He has one more year to exercise his commutation power.

Obama Calls for Greater Criminal Justice Reforms [FEATURE]

In a 45-minute speech at the NAACP convention in Philadelphia Tuesday, President Obama laid out a far-reaching roadmap for criminal justice reform, including calls for reducing or eliminating mandatory minimum sentences, reviewing the use of solitary confinement, and eliminating barriers to reentry for former prisoners.

c-span.org
The president has touched on many of the themes before, but the Philadelphia speech was the first time he tied them all together into a plan for action. The speech likely signals upcoming executive actions on criminal justice reform.

Obama recited the by now well-known statistics demonstrating American's over-reliance on incarceration: America is home to 5% of world's population but 25% of world's prisons; that African Americans and Latinos make up 30% of the U.S. population, but 60% of American inmates; that one out of three black men are now likely to serve time in prison, among others.

While the United States has 2 ½ million people behind bars, only about 200,000 of them are in the federal prison system that Obama has the ability to impact. Of those, 98,000 are doing time for drug offenses.

He used those stats to bolster his case for broad criminal justice reform, calling the criminal justice system an "injustice system."

"Any system that allows us to turn a blind-eye to hopelessness and despair, that's not a justice system, that's an injustice system," Obama said. "Justice is not only the absence of oppression, it's the presence of opportunity."

Washington has seen limited criminal justice reform during the Obama years, particularly with legislation partially undoing the crack-powder cocaine sentencing disparity and later actions making it retroactive. Then-Attorney General Eric Holder signaled to federal prosecutors that they should move away from mandatory minimums, and the Obama administration has asked federal drug prisoners to seek sentence commutations.

At the convention, Obama also touted initiatives including the Department of Justice's Smart on Crime program aimed at reducing the impact of our harsh laws, My Brother's Keeper, and the Clemency Project.

The president commuted the sentences of 46 drug offenders on Monday, and applications from some 30,000 more are in the pipeline.

Obama said the time was ripe for further reforms, citing bipartisan interest in the issue, and even mentioning the Koch Brothers and Kentucky Republican Sen. Rand Paul as allies in the fight. They made "strange bedfellows" with Democrats and the NAACP, he said, but that's what sometimes happens in politics.

"We're at a moment when some good people in both parties, Republicans and Democrats, and folks all across the country are coming together around ideas to make the system work smarter. To make it work better and I'm determined to do my part, wherever I can," Obama said a day earlier in announcing the sentence commutations.

On Thursday, Obama will continue his criminal justice-themed week with a visit to the federal prison in El Reno, Oklahoma -- the first visit ever to a federal prison by a sitting president. He is expected to meet with inmates there, and he told the NAACP crowd he met with four former prisoners -- one white, one Latino, and two black -- before taking to the podium there.

Philadelphia, PA
United States

Chronicle AM: El Chapo Escapes from Mexican Prison, Obama Commutes 46 Drug Sentences, More (7/13/15)

More marijuana reform initiatives get filed, Wisconsin's governor modifies a food stamp drug test bill to make screening mandatory, the world's wealthiest drug lord breaks out of prison, and more. ;

Marijuana Policy

Florida Legalization Initiatives Filed. At least two marijuana legalization initiatives have been filed with the secretary of state this month. One would direct revenues generated by legalization to pay teacher salaries. Neither appears to be a serious, well-financed effort. They will need 680,000 valid voter signatures to make the 2016 ballot.

South Dakota Decriminalization Initiative Filed. A group of activists has filed an initiative to decriminalize the possession of an ounce of less of weed in the state. The effort is being led by South Dakotans Against Prohibition, and is being portrayed as providing protections to medical marijuana patients as well as recreational users. A medical marijuana initiative in the state is already in the signature gathering phase.

New Synthetic Drugs

DC Mayor Signs Into Law Bill With Harsh Civil Penalties for Selling Synthetics. Mayor Muriel Bowser (D) last Friday signed into law a bill that imposes harsh penalties on retail outlets selling synthetic marijuana. The legislation gives the DC Metro Police immediate authority to close businesses found selling the drugs and gives the mayor the power to impose a $10,000 fine.

Drug Testing

Wisconsin Governor Modifies Food Stamp Drug Test Bill, Removes "Reasonable Suspicion" Requirement. Gov. Scott Walker (R) signed his state budget into law Sunday, but not before making two changes in the part of the law that authorizes drug testing of food stamp recipients. The testing was limited to people whom state workers had "reasonable suspicion" were using drugs, but Walker removed that language, saying there shouldn't be limits on who it can drug test. That means the law will almost certainly face a constitutional challenge since similar suspicionless, mandatory drug testing laws have been overturned by the federal courts. Walker also removed language that would have provided free drug treatment to people who tested positive. He officially announced today that he is seeking the GOP presidential nomination.

Sentencing

Obama Commutes Sentences for 46 Drug Offenders. President Obama announced today he has granted clemency to dozens of federal inmates, the vast majority of them sentenced under draconian crack cocaine laws. More than 30,000 federal prisoners have applied for clemency since the Obama administration issued a call for them to do so last year. Click on the title link for our feature story on this.

International

Chapo Guzman Breaks Out of Mexican Prison. In a huge embarrassment to the Mexican government, imprisoned Sinaloa Cartel leader Joaquin "El Chapo" Guzman tunneled his way to freedom out of the Almoloya de Juarez maximum security prison west of Mexico City Saturday night. This is the second time Guzman has broken out of a Mexican prison. In 2001, he escaped from another high-security prison and wasn't recaptured until last year. Guzman is likely the world's wealthiest drug trafficker. His cartel is responsible for tens of thousands of killings in Mexico's drug war in the past few years.

(This article was prepared by StoptheDrugWar.org's lobbying arm, 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.)

Obama Commutes Sentences for 46 Drug Offenders [FEATURE]

This article was published in collaboration with AlterNet and first appeared here.

President Obama announced today he has granted clemency to dozens of federal inmates, the vast majority of them sentenced under draconian crack cocaine laws. More than 30,000 federal prisoners have applied for clemency since the Obama administration issued a call for them to do so last year.

President Obama (whitehouse.gov)
The remaining clemency applications are still being processed, but many more could be released before Obama's term expires in January 2017. The Justice Department says it prioritizes applications from low-level, nonviolent offenders who have already serve at least 10 years behind bars and who would have been sentenced to much less time if convicted for those same offenses today.

"We spend over $80 billion incarcerating people, often times who've only been engaged in nonviolent drug offenses," Obama said in his announcement of the commutations. "I'm commuting the sentences of 46 prisoners who were convicted many years or in some cases decades ago. These men and women were not hardened criminals, but the overwhelming majority had been sentenced to at least 20 years. Fourteen of them had been sentenced to life for nonviolent drug offenses so their punishments didn't fit the crime. I believe there's a lot more we can do to restore the sense of fairness at the heart of our justice system and to make sure our tax dollars are well spent even as we are keeping our streets safe."

Drug offenders account for nearly half of the more than 200,000 doing time in federal prisons. That is a more than 20-fold increase in the number of federal drug prisoners in 1980, just before the start of the Reagan-era war on drugs.

The federal prison at Butner, North Carolina, (bop.gov)
Today's commutations of 46 sentences bring to 90 the number of people to whom Obama has granted clemency during his administration. While more are expected, administration spokesmen made clear that merely wielding the clemency power is not enough.

"While I expect the President will issue additional commutations and pardons before the end of his term, it is important to recognize that clemency alone will not fix decades of overly punitive sentencing policies," said White House counsel Neil Eggleston.

This is just the beginning of a week heavy on criminal justice issues for the president. Tomorrow, Obama is expected to make a major speech on criminal justice reform before the NAACP, and on Thursday, he is scheduled to visit a federal prison, which would make him the first president to ever do so.

"I am elated that President Obama continues to use his executive powers to grant freedom to those drug offenders who have served draconian sentences," said Anthony Papa, media relations manager of the Drug Policy Alliance, who was granted clemency in New York State in 1997 after serving 12 years under the notorious Rockefeller Drug Laws. "I hope this sends a message to governors of states that have the power to grant clemencies to those who deserve a chance to be reunited with their families."

The United States remains the world leader in incarceration. (nadcp.org)
The president sent a letter to the prisoners whose sentences he commuted: "I am granting your application because you have demonstrated the potential to turn your life around," he wrote. "Now it is up to you to make the most of this opportunity. It will not be easy, and you will confront many who doubt people with criminal records can change. Perhaps even you are unsure of how you will adjust to your new circumstances."

He urged the soon-to-be-freed prisoners to lead by example.

"Remember that you have the capacity to make good choices. By doing so, you will affect not only your life, but those close to you. You will also influence, through your example, the possibility that others in your circumstances get their own second chance in the future. I believe in your ability to prove the doubters wrong, and change your life for the better."

Washington, DC
United States

Chronicle AM: Dalai Lama on MedMJ, OH Initiative Shenanigans, First MA Dispensary Will Open, More (6/22/05)

Ohio's political establishment gears up to block a controversial legalization initiative, the Dalai Lama supports medical marijuana, the Obama administration removes a barrier to marijuana research, Louisiana's governor rejects clemency for a man doing 13 years for two joints, and more.

The Dalai Lama is down with medical marijuana. (wikipedia.org)
Marijuana Policy

Ohio Official Says Proposed Amendment Could Block Marijuana Legalization Initiative. GOP Secretary of State Jon Husted said last Friday that an amendment to block private-interest monopolies would render the ResponsibleOhio legalization initiative invalid if the former passed. Husted and Republican lawmakers have vowed to adopt a resolution to place the monopoly amendment on the ballot. Husted said that if that amendment passes, the ResponsibleOhio initiative would be invalid, even if it also passed, and even if it passed with more votes than the monopoly amendment. The ResponsibleOhio initiative would limit commercial marijuana growing to ten specified locations, the owners of which are also the financiers of the initiative campaign.

Montana Anti-Marijuana Initiative Proposed. Billings anti-pot zealot Steve Zabawa is back at it. In 2014, he proposed an initiative saying that any federal Schedule I controlled substance (read: marijuana) "may not be legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana." It failed for lack of signatures. Now he has filed the same initiative again.

Medical Marijuana

Dalai Lama Endorses Medical Marijuana. Speaking at a an event in Guanajuato, Mexico, last week, the spiritual leader of Tibetan Buddhism said he supported the use of marijuana for medical purposes. Speaking in response to a question about legalizing marijuana, the Dalai clarified that he opposed its recreational use, but using it medicinally would be "the exception."

White House Removes Crucial Barrier to Marijuana Research. The Obama administration announced today it is ending a major impediment to marijuana research, the Public Health Service review. That hurdle, created under the Clinton administration, required all applications for marijuana research to undergo an individual review, slowing down marijuana research and making it more difficult to study than heroin or cocaine.

First Massachusetts Dispensary Approved to Sell Medical Marijuana; One Inspection Left. The Alternative Therapies Group in Salem is ready to start selling to patients after winning a temporary waiver from state testing guidelines widely viewed as too strict. The Department of Public Health has said it will reconsider the standards. The dispensary is one of four in the state that have started growing their own supply, and is the furthest along. It must still pass a final inspection before it opens its doors. Much more at the link.

Drug Testing

California Appeals Court Upholds Making Employer Pay for Emotional Distress from Random Workplace Drug Testing. The court upheld an award for the intentional infliction of emotional distress on two law office workers pressured into taking a random drug test by their employer. The employee handbook called for random drug testing for certain safety-sensitive categories, or after an accident or for probable cause, but the company compelled all employees to undergo drug testing on one day in 2011. The two plaintiffs were awarded $15,000 each in damages by the trial court, which is what the appeals court just upheld.

Law Enforcement

Philly Court Throws Out 58 Convictions Tied to Dirty Narcs. A Common Pleas Court judge last Friday reversed 58 convictions in cases linked to six former Philadelphia narcotics officers. The six were cleared of criminal corruption charges in federal court in May, but their misdeeds have tainted hundreds of cases. The Public Defender's Office is seeking reversals of 1,370 cases, and the city is facing 135 civil rights lawsuits based on the unit's behavior. Since 2013, prosecutors have refused to prosecute cases tied to the squad after numerous allegations they planted evidence, beat and robbed suspects, and falsified paperwork. Much more at the link.

Sentencing

Louisiana Governor Rejects Clemency for Black Man Doing 13 Years for Two Joints. Gov. Bobby Jindal (R) last week denied a clemency petition for Bernard Noble, sentenced to 13 years in prison for two joints under the state's draconian marijuana laws. Jindal said he rejected clemency because Noble had not yet served 10 years in prison.

International

China's Wide Open Illegal Drug Chemical Factories. It's pretty darned easy to get new synthetic drugs by the pound or more from Chinese manufacturers, according to this New York Times report. Need spice or flakka or bath salts? It's just a few clicks away.

Chronicle AM: AK Pot Bill Advances, Obama Commutes Drug Sentences, Brit Drug Spat, More (3/31/15)

There will still be marijuana felonies under a bill moving in Alaska, North Dakota has a new hemp law, an Arkansas welfare drug test bill heads to the governor's desk, Obama commutes sentences, and more.

Are there hemp fields on the horizon in North Dakota? (votehemp.org)
Marijuana Policy

Alaska Senate Passes Marijuana Bill -- Without Ban on Concentrates. The Senate voted Monday night to approve SB 30, the bill designed to update the state's criminal code to reflect marijuana's legalized status. The bill was approved 17-3 after an amendment to make concentrates illegal in two years was defeated. It continues to list pot as a controlled substance and has provisions making it a felony to possess more than a pound or to grow more than 25 plants. It also bans pot businesses in unorganized boroughs.

Another Maine Legalization Bill Filed. Rep. Mark Dion (D-Portland) has filed a bill to allow adults 21 and over to use marijuana, regulate commercial sales, and tax them at 15%. The bill is still being drafted and is not yet available on the legislative web site. Rep. Diane Russell (D-Portland) has also filed a legalization bill, but its language isn't completed yet, either. There are also two separate legalization initiative campaigns brewing the in the state.

Hemp

North Dakota Governor Signs Hemp Bill Telling Feds to Butt Out. Gov. Jack Dalrymple (R) last Friday signed House Bill 1436, which allows farmers to apply to grow the crop for either research or commercial purposes. The bill says that "license required by this section is not conditioned on or subject to review or approval by the United States drug enforcement agency," a direct jab at the DEA. Instead, licensing will be up to the state agriculture department.

Drug Testing

Arkansas Legislature Passes "Suspicion Based" Welfare Drug Testing Bill. The House Monday approved Senate Bill 600, which would set up a two-year pilot program for "suspicion based" drug screening and testing of public benefits applicants. The Senate, which had already approved it, gave it a final approval today, and the bill now heads to the governor's desk.

Harm Reduction

Indiana Needle Exchange Bill Wins House Committee Vote. The House Public Health Committee Monday approved a bill to allow needle exchanges in the 23 counties in the state with the highest rates of hepatitis C infections. The bill actually addresses an HIV outbreak in southeastern Scott County, where Gov. Mike Pence (R) days ago issued an executive order allowing for emergency needle exchanges. The bill now goes to the House floor.

Law Enforcement

Maine Governor Slams Foes As "Weak on Drugs." Faced with legislative skepticism over his proposals to beef up the state's drug enforcement apparatus, Tea Party Republican Gov. Paul LePage has come out swinging. "They are weak on drugs," LePage told reporters, describing the legislators. "They simply don't want to deal with the problem. Frankly, they shouldn't be in this hall, they shouldn't be in this building if they can't take care of our children. And the gloves are off now."

Sentencing

Obama Commutes Sentences of 22 Drug Offenders. The president today doubled the number of drug sentence commutations he has issued in one fell swoop by cutting sentences for 22 drug offenders, mostly crack cocaine offenders and mostly doing sentences of 20 years or more. Eight were doing life sentences for drug offenses, including one doing life for growing pot plants.

International

Spanish Cannabis Club Wins Acquittal. The provincial court in Vizcaya has acquitted five people accused of violating Spanish law by forming a club to grow and consume marijuana. The members of the Pannagh collective were charged with drug trafficking and "criminal organization," but in a victory for cannabis advocates, the court held that Pannagh acted within the limits of the concept of "collective cultivation."

British Labor Party Attacks Lib Dems as "Soft on Crime, Drugs, and Thugs." Labor has put out a leaflet attacking the Liberal Democrats on drug and crime policy ahead of looming parliamentary elections, but Labor is taking lots of flak for its efforts. One critic called the Labor approach "medieval," another accused it of underestimating the intelligence of the electorate, and yet another accused Labor of "turning their back on progressive, sensible, evidence-based reform."

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, Vaping, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School