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Federal Bill Would Reverse Perverse Incentives for Mass Incarceration [FEATURE]

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

Even as President Trump and Attorney General Jeff Sessions descend into a law-and-order authoritarianism that views mass incarceration as a good thing, Democrats in Congress are moving to blunt such tendencies. A bill introduced last week in the House is a prime example.

House Reverse Mass Incarceration Act sponsor Rep. Tony Cardenas (D-CA)
Last Wednesday, Rep. Tony Cárdenas (D-CA) filed the Reverse Mass Incarceration Act of 2017 (HR 3845), which would use the power of the federal purse to reduce both crime and incarceration at the same time. Under the bill, states that decreased the number of prisoners by 7% over three years without a substantial increase in crime would be eligible for grants.

The grants would come from the Justice Department and would be awarded "to implement evidence-based programs designed to reduce crime rates and incarcerations," according to the bill text.

The measure essentially reverses the 1994 crime bill, which set up Justice Department block grant programs aimed at increasing arrests and incarceration. Instead of incentivizing states to increase prison populations, the legislation would pay states to decrease them, while keeping down crime.

Under the legislation, grants would be awarded every three years. States are eligible to apply if the total number of people behind bars in the state decreased by 7 percent or more in three years, and there is no substantial increase in the overall crime rate within the state. The bill could lead to a 20 percent reduction in the national prison population over 10 years.

Although state and federal prison populations have stabilized in the past decade and we are no longer seeing the massive increases in inmate numbers that began under Reagan and continued largely on autopilot through the Clinton and Bush years, the number of people incarcerated is still unconscionably high. With more than 1.5 million people in prison in 2015, the United States remains the world leader in incarceration, in both per capita and absolute numbers.

A healthy percentage of them are people locked up for drug offenses. The Bureau of Prisons reports that nearly half of all federal prisoners are drug offenders. Among the states, the percentage varies between about 15% and 25%; overall, about 17% of state prison inmates are drug offenders.

"The costs of our nation's epidemic of over-incarceration is not just metaphorical," said Rep. Cárdenas at a press conference rolling out the bill. "Yes, mass incarceration and mandatory minimums have taken their toll on our families and our communities, and represent one of the biggest civil rights issues of our time. At the same time, the cost to the taxpayer is real. Americans spend almost $80 billion per year on our prison system, in addition to much more significant long-term societal costs. It's time to right the wrongs of the last decades and help states have the freedom to implement programs that are more cost-effective and keep our streets and communities safer."

It's not just in the House. In June, Sens. Cory Booker (D-NJ) and Richard Blumenthal (D-CT) filed the Senate version of the bill, SB 1458. Both Booker and Blumenthal came out for the rollout of the House version.

"In 1994, Congress passed the Violent Crime and Law Enforcement Act, which created grant programs that incentivized states to incarcerate more people," said Sen. Booker. "The Reverse Mass Incarceration Act would do the opposite -- it would encourage states to reduce their prison populations and invest money in evidence-based practices proven to reduce crime and recidivism. Our bill recognizes the simple fact that locking more people up does little to make our streets safer. Instead, it costs us billions annually, tears families apart, and disproportionately drives poverty in minority communities."

"Our criminal justice system is in a state of crisis," said Sen. Blumenthal. "Under current sentencing guidelines, millions of people -- a disproportionate number of them people of color have been handed harsh prison sentences, their lives irreparably altered, and our communities are no safer for it. In fact, in many cases, these draconian sentencing policies have had the opposite of their intended effect. State sentencing policies are the major drivers of skyrocketing incarceration rates, which is why we've introduced legislation to encourage change at the state level. We need to change federal incentives so that we reward states that are addressing this crisis and improving community safety, instead of funneling more federal dollars into a broken system."

Senate Reverse Mass Incarceration Act cosponsor Sen. Cory Booker (D-CT)
While the bills don't have any Republican sponsors or cosponsors, they are backed by a panoply of civil rights, human rights, faith-based, and social justice organizations that are pushing hard for Congress to address mass incarceration and the class and racial disparities that underlie it.

"At a time when we have an Attorney General who seeks to continue the unwise practice of privatizing prisons and putting more and more people in them, Congress must reform our criminal justice system and do more to address mass incarceration," said Vanita Gupta, former deputy attorney general for civil rights and currently CEO of the Leadership Conference on Human Rights.

"Rep. Cárdenas, and Senators Cory Booker and Richard Blumenthal, have developed a creative policy proposal that would serve as a powerful tool to accelerate state efforts in reversing the damaging impact of mass incarceration," said Marc Morial, President and CEO of the National Urban League. "This proposal builds on smart prison-reduction policies while also reducing crime. The National Urban League applauds the lawmakers and is committed to working with them until this bill is signed into law."

That could be awhile. With Republicans in control of the Congress, the bills' prospects this session are clouded. But even among congressional Republicans, there are conservative criminal justice reformers willing to take a hard look at harsh policies of the past, and there is always the next Congress. While the Reverse Mass Incarceration Act of 2017 is unlikely to pass this year, it deserves to be fought for and is laying the groundwork for sentencing reform victories to come. Let's hope they do so soon.

Washington, DC
United States

Chronicle AM: Trouble in the Philly Narc Squad, TN Cops Misused Seizure Funds, More... (9/8/17)

We're seeing progress on pot policy in gubernatorial candidates in Minnesota and Virginia, Tennessee cops get scorched for asset forfeiture spending abuses, black Philly narcs charge their bosses are racist and corrupt, and more.

"Honor, Service, Integrity"
Marijuana Policy

California Lawmakers Propose Allowing Integrated Pot Operations. An Assembly Budget Committee "clean up" bill aimed at addressing inconsistencies and confusion caused by previous efforts to regulate marijuana in the state includes a provision that would allow growers and sellers to group multiple permitted operations together. Under the bill, a dispensary could also sell for recreational use if properly licensed, a pot shop would be to run a same-site manufacturing operation, and multiple groups could be licensed to grow marijuana at the same facility.

Minnesota DFL Gubernatorial Candidates Line Up for Legalization. Five out of six Democratic Farm Labor candidates for governor have come out for marijuana legalization. St. Paul Mayor Chris Coleman, state Reps. Erin Murphy, Tina Liebling and Paul Thissen, and US Rep. Tim Walz are all ready to free the weed. Among the major DFL candidates, only State Auditor Rebecca Otto isn't ready to go there.

Virginia GOP Gubernatorial Candidate Calls for Decriminalization. Virginia Republican candidate for governor Ed Gillespie has come out for the decriminalization of small-time pot possession. He said he would try to persuade the General Assembly to adjust the pot laws so that a "person arrested for simple possession of marijuana would not be charged with possession until the third instance." Democratic gubernatorial nominee Ralph Northam has already called for decriminalization.

Asset Forfeiture

DOJ Report Finds Tennessee Cops Misused Asset Forfeiture Funds. A report from the Justice Department's Office of the Inspector General found that state law enforcement misused funds from the department's Equitable Sharing asset forfeiture program. In one case, police spent $110,000 on catering services, which is not an allowed use of the funds. The report also cited lax tracking and reporting requirements and recommended the state get on the ball. It also said the state should "remedy" that catering expense.

Law Enforcement

Black Philly Narcs Charge Supervisors With Racism, Corruption. Six black Philadelphia Police narcotics officers have filed complaints with the state Human Relations Commission charging that two white supervisors, Chief Inspector Anthony Boyle and Inspector Raymond Evers, are racist and corrupt and should be removed from their positions. The complaints included allowing a white narc to park his car adorned with a confederate flag on city property, encouraging officers to file false documents and falsify evidence, and denying black officers overtime opportunities and choice work assignments. Boyle is also accused of referring to black citizens as "scum" and referring to the deaths of blacks as "thinning the herd." The black narcs said a civil lawsuit is being considered.

(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.)

In Bid to Defend Marijuana Arrests, NYC Mayor de Blasio Attacks Drug Reformers

Last month, the Drug Policy Alliance (DPA) released a report noting that marijuana arrests under New York City Mayor Bill de Blasio continue to be marked by shocking racial disparities, much as they were under his predecessors, Rudy Giuliani and Michael Bloomberg. Stung by the criticism, de Blasio is fighting back, but his response so far has consisted of attacking DPA as "legalizers" and comparing apples to oranges.

New York City still has a marijuana arrest problem under Mayor de Blasio. (Wikimedia)
The DPA report, Unjust and Unconstitutional: 60,000 Jim Crow Marijuana Arrests in Mayor de Blasio’s New York, noted that while marijuana possession arrests are down under de Blasio from the grotesque numbers achieved under Giuliani (more than 40,000 arrests in 2001) or Bloomberg (more than 50,000 arrests in 2011), NYPD still arrested made more than 18,000 of them last year. A whopping 86% of them were black or brown, maintaining the racial disparities so apparent in earlier administrations.

That's "a far cry from the Mayor's pledge to rein in NYPD's targeting of people of color," charged DPA New York State Director Kassandra Frederique in the report. That de Blasio had managed to bring pot arrests down to an average of only 20,000 a year during his tenure shouldn't be portrayed as progress, argued Frederique, instead describing it as "slower injustice, but slower injustice is still injustice delivered."

De Blasio struck back last Friday, releasing a statement that called the DPA report "misleading" and attacked DPA as "a group committed to legalization." De Blasio's statement emphasized that marijuana arrests had dropped significantly under his administration -- something DPA never disputed -- but failed to address the claim of continuing racial disparities in arrests. Instead, it merely noted that because arrests were down overall, arrests of black and brown people were down, too.

But the takeaway sentence in de Blasio's statement inadvertently makes DPA's case:

As a result of this new policy, arrests for marijuana possession are down 37%  -- from almost 29,000 in 2013 to approximately 18,000 in 2016. This has translated into approximately 9,600 fewer arrests of Black and Latino New Yorkers for marijuana possession in 2016 as compared to 2013.

In other words, a reduction of less than 11,000 total marijuana arrests between the two years resulted in about 9,600 people of color not being arrested. De Blasio's own data and arguments show that the city's minorities clearly take the brunt of marijuana law enforcement, his wriggling notwithstanding.

And now, DPA is returning fire at de Blasio.

"Mayor de Blasio is not disputing the data published in our report, he is trying to spin his poor record to look as though he has made some progress," Frederique said in a Friday press release. "In reality, New York City was the marijuana arrest capital of the world under Bloomberg and still holds that dubious title under de Blasio today. The 18,000 arrests in 2016 alone and outrageous racial disparities are a disgrace to the city and a blight on the mayor’s record. The unjust and racially-targeted arrests are devastating black and Latino communities across the city."

Frederique also applied some political ju-jitsu to de Blasio's "legalizer" attack.

"The mayor’s efforts to discredit the report and the Drug Policy Alliance by calling us legalizers, is a desperate attempt to distract the public from the facts of his abysmal record. Our report is based on data from the New York State Division of Criminal Justice Services. Rather than attack his critics, the mayor should attack the problem of racially-targeted arrests," she said. "For the record, the Drug Policy Alliance is committed to marijuana legalization to increase access for patients and end targeted policing in communities of color. And we’re not alone; nearly 60% of Americans also support legalization."

Instead of attacking critics, the mayor should fix the problem, Frederique added.

"It’s time for the mayor to get out of the spin cycle and back to work," she prescribed. "The mayor must end the biased policing practices that have ruined the lives of so many young black and Latino New Yorkers now."

New York, NY
United States

How Reefer Madness Helped Kill Philando Castile

The Minnesota cop who was acquitted last week of killing Philando Castile used the fact that he smelled marijuana in the car as part of his defense. Whether Officer Jeronimo Yanez really believed Castile's presumed pot use made him more dangerous or whether the testimony influenced the jury's decision to acquit remains unknown, but its use in his defense illustrates the enduring power of the demonization of the plant and its users.

Castile's killing last year sparked angry demonstrations and made national headlines after his girlfriend, Diamond Reynolds, live streamed the immediate aftermath of the shooting on Facebook, with a bloodied, mortally wounded Castile moaning as Reynolds says "That police just killed my boyfriend, he's licensed, and he was trying to get his wallet out of his pocket, and he let the officer know he had a firearm and he was reaching for his wallet, and the officer just shot him in his arm."

In the video, Yanez is visibly agitated: "I told him not to reach for it; I told him to get hand up!" he yells.

"You told him to get his ID, sir," Reynolds responds, as her four-year-old daughter in the back seat attempts to comfort her. "Oh my God. Please don't tell me he's dead. Please don't tell me my boyfriend just went like that."

Castile did go just like that, though. He was pronounced dead at the Hennepin County Medical Center 20 minutes after Yanez opened fire, shooting seven bullets at him.

Dashcam video from Yanez's patrol car, not released until Tuesday, shows that it only took 30 seconds before Yanez opened fire.

(Click here to watch the video on YouTube.)

Yanez didn't mention marijuana in Reynolds' video, but in court transcripts of his testimony, Yanez said he opened fire on Castile in part because he could smell marijuana -- and he assumed that Castile had been using it in front of the child.

"I thought I was gonna die and I thought if he's -- if he has the guts and audacity to smoke marijuana in front of the five-year-old girl and risk her lungs and risk her life by giving her secondhand smoke, and the front seat passenger doing the same thing, then what -- what care does he give about me?" Yanez said.

The argument apparently is that smoking pot in front of kids makes you a stone cold killer. Never mind the hyperbole of "risk her lungs and risk her life by giving her second-hand smoke," in Yanez's mind, someone who would smoke pot around kids is not only endangering their lives, but would be willing to kill a cop over a pot charge or a broken taillight (the original reason for the traffic stop), and that justifies pumping Castile full of lead.

Police did later find traces of marijuana in the vehicle, and defense attorneys used that and the marijuana smell to also insinuate that Castile was so high he was slow to comply with Yanez's demands. That made Yanez even more suspicious, the defense claimed.

But Yanez's claims about secondhand smoke border on the bizarre. Yes, ingesting secondhand pot smoke can be harmful, but secondhand smoke is quite different from intent to harm a police officer. And the most notorious source of unwanted secondhand smoke is cigarettes, yet no one insinuates that smoking them around kids makes you more likely to be a cop-killer. Yanez and his defense attorneys were singing a Reefer Madness tune with this claim.

Despite Yanez's claims and phobias, pot smokers are no more likely to behave violently than non-users, and in fact, some research shows they are less likely to. A 2014 study in the journal Psychology of Addictive Behaviors found that marijuana use among couples was associated with lower risk of domestic violence.

Philando Castile was black. That was strike one. He was armed (and admitted it). That was strike two. And he was a pot smoker. That was strike three. Reefer Madness, either in the mind of Officer Yanez or the minds of the jurors, or both, helped kill Phil Castile.

Not One Step Back: Drug Policy Reformers and African American Academics Convene in the South

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

Hundreds of members of the Atlanta community and dozens of the nation's leading advocates for drug policy reform gathered in a groundbreaking meeting over the weekend. The meeting aimed at building alliances with the African American community to both advance smart public health approaches to drug policy and maintain and protect existing reforms in the face of hostile powers in Washington.

Dr. Marc Lamont Hill, Rep. Maxine Waters, asha bandele
Sponsored by the Drug Policy Alliance, Georgia State University's Department of African American Studies, the Morehouse School of Medicine, Amnesty International, The Ordinary People's Society, the Malcolm X Grassroots Movement, and Peachtree NORML, "Not One Step Back" marked the first time the drug reform movement has come to the historically black colleges of the South and signals the emergence of a powerful new alliance between black academics and reform advocates.

The event included a series of panels filled with activists, academics, and public health experts, including Black Lives Matter cofounder Patrice Cullors and VH1 personality and best-selling author Dr. Marc Lamont Hill, and was highlighted by a keynote address by Rep. Maxine Waters (D-CA).

To the delight of the audience, "Auntie Maxine" slammed the drug war as aimed only at certain communities while those making fortunes at the top of the illegal drug trade go untouched. The representative from South Central reached back to the days of the crack cocaine boom to make her case.

"The police did everything you think wouldn't happen in a democracy," she said, citing illegal raids and thuggish behavior from the LAPD of then-Chief Darryl Gates, the inventor of the SWAT team. But if low-level users and dealers were getting hammered, others involved went scot free.

"Something happened to devastate our communities," she said, alluding to the arrival of massive amounts of cocaine flowing from political allies of the Reagan administration as it waged war against the Sandinista government of Nicaragua. "The CIA and DEA turned a blind eye," Waters argued. "If you're the CIA and DEA, you know who the dealer is, but they take the lower-level dealers and let the big dealers keep selling drugs."

"Ricky Ross did time," she said, referencing the South Central dealer held responsible for unleashing the crack epidemic (with the help of Nicaraguan Contra connections). "But those big banks that laundered all that drug money -- nobody got locked up, they just have to pay fines. But for them, fines are just a cost of doing business. Even today, some of the biggest banks are laundering money for drug dealers," Waters noted.

"We have to defend our communities; we don't support drugs and addiction, but you need to know that people in high places bear some responsibility. One of the worst things about the drug war is that we never really dealt with how these drugs come into our communities," Waters added.

The selection of Atlanta for the conclave was no accident. Georgia is a state that incarcerates blacks for drug offenses at twice the rate it does whites. While blacks make up only a third of the state's population, they account for three-quarters of those behind bars for marijuana offenses.

The state has the nation's fourth-highest incarceration rate, with a prison population on track to grow 8% within the next five years, and one out of every 13 adults in the state are in prison or jail or on probation or parole.

Atlanta is also the powerhouse of the South -- the region's largest city, and one that is increasingly progressive in a long-time red state that could now be turning purple. And it is the site of the Drug Policy Alliance's International Drug Policy Reform Conference -- the world's premier drug reform gathering -- set for October. What better place to bring a laser focus on the racial injustice of the drug war?

"The drug war is coded language," said Drug Policy Alliance senior director asha bandele. "When the law no longer allowed the control and containment of people based on race, they inserted the word 'drug' and then targeted communities of color. Fifty years later, we see the outcome of that war. Drug use remains the same, and black people and people of color are disproportionately locked up. But no community, regardless of race, has been left unharmed, which is why we are calling everyone together to strategize."

And strategize they did, with panels such as "Drug Reform is a Human Rights Issue," "This is What the Drug War Looks Like: Survivors Speak," "Strength, Courage, and Wisdom: Who We Must Be in These Times," and "Dreaming a World: A Nation Beyond Prisons and Punishment."

While denunciations of white privilege were to be expected, the accompanying arguments that capitalism plays a role in perpetuating oppression and inequality was surprisingly frank.

"We have to dismantle both white supremacy and capitalism," said Eunisses Hernandez, a California-based program coordinator for the Drug Policy Alliance. "We need to reach a place where trauma is dealt with in a public health model. The current system of law enforcement, prisons, and jails doesn't do anything for us."

"We're in agreement here," said Dr. Hill. "We have to eliminate white supremacy and capitalism."

That's not something you hear much in mainstream political discourse, but in Atlanta, under the impetus of addressing the horrors of the war on drugs, the search for answers is leading to some very serious questions -- questions that go well beyond the ambit of mere drug reform. Something was brewing in Atlanta this weekend. Whether the initial progress will be built upon remains to be seen, but the drug reformers are going to be back in October to try to strengthen and deepen those new-found bonds.

Atlanta, GA
United States

Chronicle AM: Conyers Racial Profiling Bill, Competing FL MedMJ Proposals, More... (3/13/17)

The senior member of the House files a racial profiling bill, Colorado lawmakers move to reduce medical marijuana homegrow limits, Kansas lawmakers mess with a medical marijuana bill, Texas lawmakers get a hearing on decriminalization, and more.

CBD cannabis oil (marijuanagames.org)
Marijuana Policy

Texas Decriminalization Bill Gets Hearing Today. The House Criminal Jurisprudence Committee today held a hearing on House Bill 81, which would decriminalize the possession of small amounts of marijuana. Under the bill, offenders would face a ticket and fine rather than jail time and a criminal record. The Sheriff's Association of Texas opposes the bill, arguing that marijuana is "a gateway drug."

Medical Marijuana

Colorado House Gives Preliminary Approval to Cutting Home Grow Plant Limits. The House voted last Friday to give preliminary approval to House Bill 17-1220, which would limit medical marijuana home grows to 16 plants per residence. The current limit is 99 plants. Gov. John Hickenlooper (D) and law enforcement support the bill as a means of reducing diversion. The House must vote on the bill again this week before sending it to the Senate.

Florida Lawmakers Have Six Competing Medical Marijuana Plans to Choose From. Voters approved medical marijuana at the ballot box last November. Now, the legislature is trying to figure out how to implement it. Here's an overview of the six competing plans.

Kansas Senate Committee Approves CBD Cannabis Oil Bill, But Activists Unhappy. The Senate Federal and State Affairs Committee approved a CBD cannabis oil bill last Thursday, but only after gutting the original bill, Senate Bill 155, and replacing it with Senate Bill 151, which would only allow doctors to recommend "non-intoxicating" cannabinoid medications. "This is not the scope of what those who want to see prescriptive authority for medical marijuana want," said Sen. David Haley (D-Kansas City), who sponsored the original bill. Haley said he would attempt to restore the original bill this week.

Race

Conyers Files Federal Racial Profiling Bill. Rep. John Conyers (D-MI), the longest serving member of the House (he's been there since 1965), filed House Resolution 1498 last Friday. The bill calls for "eliminat[ing] racial profiling by law enforcement."

International

Philippines President Creates New "Joint Command" to Wage Bloody Drug War. President Rodrigo Duterte has signed an executive order creating an Interagency Committee on Illegal Drugs (ICAD). The order mobilizes 21 executive agencies to prioritize "high value" targets and go after all levels of the drug trade. Since Duterte took office last year, more than 8,000 people have been killed by police or shadowy vigilante groups. Another 48,000 have been jailed.

Chronicle AM: VT MJ Possession Pardons, No Jail for MJ in Houston, UK CBD, More... (1/4/17)

Vermont's governor pardons nearly 200 for pot, Houston's incoming DA says no jail for pot possession, a British medical regulatory agency recognizes CBD as medicine, and more.

British medical authorities have officially recognized CBD cannabis oil as a medicinal product. (Creative Commons/Wikimedia)
Marijuana Policy

Alaska Gets First Legal Marijuana Tax Revenues. The state is starting to reap the fiscal benefits of marijuana legalization, as the Department of Revenue announced it had taken in $81,000 in taxes from seven growers in the month of November. The revenues came from taxes on 98 pounds of pot and 10 pounds of trim, which are taxed at $50 an ounce and $15 an ounce, respectively.

Vermont Governor Pardons 192 for Pot Possession. Gov. Peter Shumlin (D) has pardoned 192 people convicted of possessing small amounts of marijuana. Some 450 people applied for pardons after Shumlin announced the program last month, but he only pardoned 192 after looking at subsequent criminal histories. "While attitudes and laws about marijuana use are rapidly changing, there is still a harmful stigma associated with it," Shumlin said. "My hope was to help as many individuals as I could overcome that stigma and the very real struggles that too often go along with it."

No Jail for Marijuana Possession in Houston. Incoming Harris County District Attorney Kim Ogg has said the practice of jailing people for pot possession is over. "All misdemeanor possession of marijuana cases will be diverted around jail," Ogg said. "I've never felt good about putting marijuana users in the same jail cells as murderers. It's just not fair, it doesn't make any sense, and our country is resoundingly against that."

Medical Marijuana

Florida is Now a Medical Marijuana State. The constitutional amendment approved by voters in November to legalize medical marijuana went into effect Tuesday. But the state doesn't have a distribution system up and running yet. Lawmakers and the state Department of Health will have to craft rules, with an implementation target date of September 9.

Massachusetts Medical Marijuana Hearing Aims to Ease Patient Access. At a public hearing in Boston Tuesday, advocates called for changes in the state's medical marijuana law to allow hospices and nursing homes to provide the medicine for patients. "Hospice patients are literally out of time," said Elizabeth Dost, clinical director for the Massachusetts Patient Advocacy Alliance, which represents medical marijuana patients. "The patient's average length of stay (in hospice) in Massachusetts is 35 to 45 days. By the time they access cannabis, they are often deceased." Another public hearing is set for Thursday morning in Holyoke.

Law Enforcement

NAACP Activists Arrested in Protest at Attorney General Nominee's Office. Six NAACP demonstrators were arrested after occupying the Mobile, Alabama, offices of Sen. Jeff Sessions (R-AL), Donald Trump's choice to head the Justice Department. The NAACP is demanding the Sessions turn down the nomination to be attorney general, citing his record of ignoring voter suppression but prosecuting black voting rights activists. Sessions is also opposed by broad swathes of the drug reform community for his stances against marijuana legalization and sentencing reform and in favor of asset forfeiture.

International

Britain Recognizes CBD as a Medicine. The Medicines and Health Care Products Regulatory Agency (MHRA) Tuesday classified CBD as a medicine in the United Kingdom. The agency said it made the move after reviewing claims from several companies that their CBD products offered health benefits.

Georgia Marijuana Activists Face 12 Years in Prison for Planting Pot Seeds. In a New Year's Eve act of civil disobedience, dozens of activists and the Girchi Party planted pot seeds at party offices, publicly breaching the country's criminal code and exposing themselves to up to 12 years in prison under the country's drug laws. The Girchi Party is demanding drug decriminalization and marijuana legalization.

Chronicle AM: Obama Says Federal Pot Prohibition "Not Tenable" After Tuesday, More... (11/07/16)

Marijuana Policy 

President Obama Says Federal Pot Prohibition in Question After Tuesday's Vote. Appearing on the Bill Maher Show Friday night, President Obama said federal marijuana prohibition will not "be tenable" if more states vote to legalize the weed on Tuesday. "The good news is is that after this referenda, to some degree it’s gonna call the question, because if in fact it passed in all these states, you now have about a fifth of the country that’s operating under one set of laws, and four-fifths in another," Obama said. "The Justice Department, DEA, FBI, for them to try to straddle and figure out how they’re supposed to enforce laws in some places and not in others — they’re gonna guard against transporting these drugs across state lines, but you’ve got the entire Pacific corridor where this is legal — that is not gonna be tenable," he said.

 

Maine Legalizers Have Huge Cash Advantage. Supporters of the Question 1 marijuana legalization initiative have raised more than $2.4 million dollars, according to campaign finance reports, while opponents have raised only $201,000. Most of the pro-legalization money has come from the New Approach PAC, the instrument of the heirs of late Progressive Insurance founder and drug reform philanthropist Peter Lewis, while 99% of the anti-legalization money has come courtesy of Project SAM's Kevin Sabet, who now heads the newly formed non-profit Alliance for Healthy Marijuana Policy.

Las Vegas Casino Magnate Sheldon Adelson Again Kicks in Against Nevada Pot Initiative. The Sands Corporation head honcho and prolific funder of anti-drug reform efforts has given more than $1.35 million to the campaign trying to defeat the Question 2 marijuana legalization initiative in recent weeks, according to campaign finance reports. That's on top of $2 million he gave opponents in September. In fact, Adelson is virtually a one-man opposition campaign, having provided 97.4% of all reported opposition campaign contributions. Proponents of Question 2 have raised only $1.2 million.

Medical Marijuana

New Report Calls Marijuana a "Promising Option" for Dealing With Opioid Addiction. A new report from the National Cannabis Industry Association finds that increasing legal access to marijuana can be a potent weapon in the fight against opioid addiction. The report findssignificant progress in reducing addiction and overdose deaths in states that have legalized it.

New Mexico Panel Votes to Allow Medical Marijuana for "Opiate Use Disorder." A state advisory board that makes recommendations to the Health Department on New Mexico’s Medical Cannabis Program voted 5-1 Friday in favor of adding "opiate use disorder" to the list of conditions that qualify. Now, it's up to incoming Health Secretary Lynn Gallagher to accept or deny the recommendation. Such a move could add thousands of new patients to the state's rapidly expanding medical marijuana program.

Asset Forfeiture

Montana Supreme Court Affirms Right to Jury Trial in Civil Forfeiture Cases. In a ruling last week, the state high court upheld and strengthened a 2015 law that reformed asset forfeiture procedures. The ruling came in the case of a man whose land was seized after police found 300 marijuana plants on it. The man was convicted of federal drug charges, but not prosecuted by the state. Even though he faced no state charges, the state seized his land. He requested a jury trial, but was denied in lower court, and a judge turned the property over to the state. But the Supreme Court said the 2015 law supplanted older law on which the trial judge based his decision.

Law Enforcement

Even As Arrests Drop, California Racial Disparities Persist. A new report from the office of Attorney General Kamala Harris finds that arrest rates for all racial groups have dropped in the past decade, but blacks were still much more likely than whites to be arrested on felony charges. When it comes to drugs, black men were six times as likely as whites to be arrested, and black women were nearly three times as likely to be arrested as whites. Latinos, on the other hand, were arrested for drugs at roughly the same rate as whites. 

A Possession Arrest Every 25 Seconds: The Cruel Folly of the War on Drugs [FEATURE]

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

Nearly a half century after Richard Nixon inaugurated the modern war on drugs, to criticize it as a failure as so common as to be banal. Yet even as marijuana prohibition falls in some states, the drug war rolls on, an assembly line of criminalization and incarceration, dealing devastating blows to the lives of its victims that linger far beyond the jail or prison cell.

More than 1.25 million arrests for simple drug possession last year. (Creative Commons)
And most of its victims are not capos or kingpins, but simple drug users. According to a new report from Human Rights Watch (HRW) and the American Civil Liberties Union (ACLU), drug possession is the single offense for which the largest number of arrests are made in the US, totaling more than 1.25 million last year, and accounting for more than three-fourths of all drug arrests.

Based on analysis of national and state-level data, as well as more than 360 interviews with drug offenders, family members, past and present government officials, and activists conducted mostly in Texas, Florida, Louisiana, and New York, the 196-page report, "Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States," finds that enforcement of drug possession laws causes extensive and unjustifiable harm to individuals and communities across the country.

The long-term consequences can separate families; exclude people from job opportunities, welfare assistance, public housing, and voting; and expose them to discrimination and stigma for a lifetime. While more people are arrested for simple drug possession in the US than for any other crime, mainstream discussions of criminal justice reform rarely question whether drug use should be criminalized at all.

"Every 25 seconds someone is funneled into the criminal justice system, accused of nothing more than possessing drugs for personal use," said Tess Borden, Aryeh Neier Fellow at Human Rights Watch and the ACLU and the report's author. "These wide-scale arrests have destroyed countless lives while doing nothing to help people who struggle with dependence."

Among those interviewed was for the study was Corey, who is doing 17 years in Louisiana for possessing a half ounce of marijuana. His four-year-old daughter, who has never seen him outside prison, thinks she's visiting him at work.

The harmful consequences of a drug arrest extend far beyond prison walls (ussupremecourt.gov)
Another is "Neal," whose name was changed to protect his privacy. Also in Louisiana, he's doing five years for possessing 0.2 grams of crack cocaine. He has a rare autoimmune disorder and said he cried the day he pleaded guilty because he knew he might not survive his sentence.

Then there's Nicole, held for months in the Harris County Jail in Houston and separated from her three young children until she pleaded guilty to a felony -- her first. The conviction meant she would lose her student financial aid, the food stamps she relied on to feed her kids, and the job opportunities she would need to survive. All for an empty baggie containing a tiny bit of heroin residue.

"While families, friends, and neighbors understandably want government to take action to prevent the potential harm caused by drug use, criminalization is not the answer," Borden said. "Locking people up for using drugs causes tremendous harm, while doing nothing to help those who need and want treatment."

The report also emphasized the now all-too-familiar racial disparities in drug law enforcement, noting that while blacks use drugs at similar or lower rates than whites, they're more than two-and-a-half times more likely to arrested for drug possession and more than four time more likely to be arrested for pot possession. It's even worse in some localities, such as Manhattan, where blacks are 11 times as likely to be busted for drug possession as whites. That amounts to "racial discrimination under international human rights law," the two groups said.

Aside from the vicious cruelty of imprisoning people for years or decades merely for possessing a substance, that drug conviction -- and drug possession, even of tiny amounts, is a felony in 42 states -- also haunts their futures. Drug convicts face the loss of access to social welfare benefits, the stigma of criminality, the disruption of family life, the financial burden of paying fines and fees, and the burden of trying to find work with a felony record. And that harms society at large as well as the criminalized drug users.

And despite tens of millions of drug arrests over the past few decades, with all their collateral damage, the war on drugs doesn't achieve its avowed goal: reducing drug use. There has to be a better way, and Human Rights Watch and the ACLU have something to say about that.

report launch at National Press Club, Washington, DC, 10/12/16
"State legislatures and the US Congress should decriminalize personal use and possession of all drugs. Federal and state governments should invest resources in programs to decrease the risks associated with drug use and provide and support voluntary treatment options for people struggling with drug dependence, along with other approaches," the two groups recommended.

"Until full decriminalization is achieved, officials at all levels of government should minimize and mitigate the harmful consequences of current laws and practices," they added, providing detailed recommendations to state legislatures, police, prosecutors, and other state and local government entities, as well as the federal government.

"Criminalizing personal drug use is a colossal waste of lives and resources," Borden said. "If governments are serious about addressing problematic drug use, they need to end the current revolving door of drug possession arrests, and focus on effective health strategies instead."

Chronicle AM: MA Init Leads in New Poll, Iran Ponders End to Drug Death Penalty, More... (10/6/16)

We have Massachusetts legalization news today, Wisconsin Gov. Scott Walker gets slapped down in his bid to drug test food stamp applicants, Iran's parliament ponders ending the death penalty for drugs, and more.

It looks like another bumper opium harvest next spring in Afghanistan. (unodc.org)
Marijuana Policy

Another Massachusetts Poll Has Legalization Initiative Winning. A new Western New England University Polling Institute poll has the Question 4 leading a month out from election day. The poll had support at 55% among all registered voters, with 39% opposed. When it came to likely voters, the initiative's lead shrunk slightly, with 52% in support and 42% opposed.

Massachusetts ACLU Report Highlights Continuing Racial Disparities in Marijuana Arrests. Even after decriminalization, people continue to get arrested for marijuana offenses, especially if they're black, a new ACLU report has found. Black Massachusetts residents were 3.3 times more likely to get popped for pot than white ones even though they use it at the same rate. For marijuana sales offenses, the disparity was even more striking: Blacks were 7.1 times more likely than whites to get busted for peddling pot. "Racial disparities are a disturbing feature of our current marijuana policy. Black people are arrested for marijuana possession at 10 times the rate of white people in some counties -- despite the fact that black people and white people use marijuana at the same rate," ACLU Racial Justice Director Rahsaan Hall says in a prepared statement. "Taxing and regulating marijuana is an important step towards reducing the harm that current policies cause to people of color, particularly Black people, and it will generate hundreds of millions of dollars in tax revenue that can be reinvested in our communities."

Drug Testing

Federal Court Rejects Wisconsin's Bid to Drug Test Food Stamp Applicants. A federal judge in Washington has rejected a challenge from Gov. Scott Walker (R) to a federal law that blocks states from drug testing food stamp applicants. Walker had challenged the policy last year as he launched a doomed presidential bid, but the federal judge ruled that Wisconsin filed its complaint too soon, before it had actually implemented the policy, and without giving the Obama administration a chance to formally reject it.

International

Afghan Opium Production Expands to Near Record Levels. The UN Office on Drugs and Crime (UNODC) reported Wednesday that opium production this year to one of the highest levels on record. Illicit cultivation has expanded to nearly half a million acres, making it one of the biggest years for poppy since 1994, when the UNODC began estimating the crop size. The all-time record is about 600,000 acres, reported in 2014.

Iraqi Forces Burn ISIS Opium Poppy Crop. Iraqi security forces Wednesday burned a four square acre field planted with opium poppies belonging to ISIS in Salahuddin province. The move was described as an effort to cut ISIS financing through the opium and heroin trade. Iraqi officials said ISIS used laboratories at Mosul University to process the raw opium into heroin.

Iran Moving to End Death Penalty for Drug Offenses. One of the world's leading drug executioners may be about the change its ways. A bill that would end capital punishment for drug trafficking now has the support of a majority in the parliament. If the parliament actually approves the bill, it would have to be ratified by the Guardian Council of Islamic jurists, which has opposed any relaxation of the country's death penalty regime. But executing drug smugglers "will not benefit the people or the country," said Yahya Kamalpur, deputy head of the parliamentary legal and judicial committee. Parliament "wants to eliminate the death penalty for criminals who [smuggle narcotics] out of desperation" and replace it with long prison sentences or hard labor. We are after a scientific and not emotional solution in confronting drug smugglers," he said.

Danes to Consider Bill Easing Marijuana-Impaired Driving Rules. A bill filed in the parliament this week would the country's zero tolerance policy toward drivers with marijuana in their systems in favor of a "stepladder" approach in which the penalty for driving while impaired would depend on the level of marijuana in the driver's system. Under current law, driving with marijuana in one's system can result in the loss of a driver's license for three years. That's too much for bill sponsor Jan Jorgensen of the Liberal Party. "You can actually drive pretty well, even after having smoked hash. There is obviously a limit to how much, but we believe a minimum threshold should be introduced now," he said. "The problem is that we have punished a lot of people who have not been of any danger to traffic at all, simply because they might have smoked marijuana a fortnight ago, and it still could be measured in the blood."

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