MT Supreme Court Throws Out Lawsuit Against Pot Initiatives, US Imprisonment Rate at 25-Year Low, More... (10/22/20)

The Montana marijuana legalization initiatives have survived a last-minute legal challenge, the ACLU and DPA challenge the murder conviction of a meth-using California woman whose fetus was stillborn, and more.

There are fewer people behind bars in the US again this year. (Pixabay)

Montana Supreme Court Quickly Rejects Lawsuit Against Marijuana Ballot Initiatives. The Montana Supreme Court denied and dismissed a lawsuit seeking to remove CI-118 and I-190, the complementary marijuana legalization initiatives, from the November ballot. I-190 is a statutory initiative that would legalize, regulate, and tax marijuana for adults 21 and over. CI-118 is a constitutional initiative that would allow I-190 to set the minimum age at 21. The initiatives are complementary and work together to establish a careful framework for legalizing marijuana in Montana. 

Reproductive Rights

ACLU, DPA File Brief in Support of Motion to Reopen Case of Meth-Using California Woman Convicted of Murder for Stillborn Birth. The ACLU of Northern California and Drug Policy Alliance filed briefs in support of a motion to allow for Adora Perez, who is serving 11 years in prison for manslaughter after delivering a stillbirth baby, to appeal her case. Attorneys Mary McNamara and Audrey Barron of Swanson & McNamara LLP and Matthew Missakian of the Law Office of C. Matthew Missakian filed the motion, arguing that "Ms. Perez was prosecuted for a crime that doesn’t exist and is now imprisoned basedon a plea that shouldn’t have been accepted." Perez was charged with murder in 2017 for taking methamphetamines while pregnant, even though "California law explicitly exempts women from murder liability for any actions they take that may end their pregnancy." Her attorney at the time told her to plead guilty to manslaughter and serve 11 years in prison to avoid worse charges.

Sentencing Policy

US Imprisonment Rate at Lowest Rate Since 1995.he combined state and federal imprisonment rate of 419 sentenced prisoners per 100,000 U.S. residents in 2019 was the lowest imprisonment rate since 1995, the Bureau of Justice Statistics announced Thursday. The imprisonment rate in 2019 marked a 17% decrease from 2009 and a 3% decrease from 2018, and it marked the 11th consecutive annual decrease. The imprisonment rate—the portion of U.S. residents who are in prison—is based on prisoners sentenced to more than one year. An estimated 14% of sentenced state prisoners were serving time for murder or non-negligent manslaughter at year-end 2018, and 13% were serving time for rape or sexual assault. At the end of fiscal-year 2019, 46% of sentenced federal prisoners were serving time for a drug offense (99% for drug trafficking), and 8% were serving time for a violent offense. The total prison population in the U.S. declined from 1,464,400 at year-end 2018 to 1,430,800 at year-end 2019, a 2% decrease. This marked the fifth consecutive annual decrease of at least 1% in the prison population. At year-end 2019, the prison population had declined 11% from its peak of 1,615,500 prisoners in 2009.