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Showing posts with label drug war. Show all posts
Showing posts with label drug war. Show all posts

Monday, June 26, 2017

Congress is considering expanding the powers of the Attorney General

Complaining about how Congress has abdicated its constitutional authority in foreign policy is a major staple of my political writing career, but this habit of fecklessness extends well beyond matters of war and peace.

Right now, for example, Congress is considering a bill (the Stop the Importation and Trafficking of Synthetic Analogues [SITSA] Act of 2017) that would give dangerous new power to the attorney general, currently drug warrior extraordinaire Jeff Sessions.

The Washington Post reports:

The bipartisan legislation, sponsored by powerful committee chairs in both chambers of Congress, would allow the attorney general to unilaterally outlaw certain unregulated chemical compounds on a temporary basis. It would create a special legal category for these drugs, the first time in nearly 50 years that the Controlled Substances Act has been expanded in this way. And it would set penalties, potentially including mandatory minimum sentences, for the manufacture and distribution of these drugs.

Current policy on this subject isn’t great, but SITSA is still a big step in the wrong direction:

Under current policy, an attorney general may temporarily schedule a substance for up to two years and only after demonstrating the drug’s “history and current pattern of abuse; the scope, duration and significance of abuse; and what, if any, risk there is to the public health.”

The new bill extends the temporary scheduling duration to five years for Schedule A substances and eliminates the requirement for analyzing the drug’s abuse record and its potential risk to public health.

The federal drug war is bad enough already. It is inhumane, expensive, and a violation of basic individual liberty. Mandatory minimum sentencing is a particularly egregious part of this, subjecting people convicted of low-level, nonviolent crimes to wildly unnecessary and unjust prison sentences — and subjecting taxpayers to the enormous bill.

But one way to make this bad situation worse is to give an un-elected official authority to expand the drug war and mandatory minimums at his own discretion.

The United States is (theoretically) supposed to have “a government of laws, not of men.” This is literally government by a single, unaccountable man.

In the short term, it’s especially egregious because Sessions would be the immediate recipient of this new authority should the bill pass, and he has proved himself irrationally and dishonestly committed to escalating the drug war.

But the problem is much bigger than Sessions himself. He shouldn’t have this unilateral authority, but neither should anyone else.


Source

Do you like the idea of giving more power to a government official to implement failed policies? Do you favor escalating the drug war which was in reality a war on the Constitutional rights that protect us from governmental overreach? If the answer is "no" then contact your Congressional Representative and your Senators and let them know you are not a big fan of granting more powers to Jeff Sessions.

Wednesday, May 24, 2017

Ahead to the past

When it comes to criminal justice, Attorney General Jeff Sessions is a man out of time — stuck defiantly in the 1980s, when crime in America was high and politicians scrambled to out-tough one another by passing breathtakingly severe sentencing laws. This mind-set was bad enough when Mr. Sessions was a senator from Alabama working to thwart sentencing reforms in Congress. Now that he is the nation’s top law enforcement officer, he’s trying to drag the country backward with him, even as most states are moving toward more enlightened policies.

On May 12, Mr. Sessions announced a drastic policy ordering federal prosecutors to pursue the toughest possible charges against crime suspects in all cases, rescinding an Obama administration directive that focused on reducing punishments for low-level, nonviolent offenders, mostly in drug cases, and steering more law-enforcement resources toward the bigger fish. That approach was working: The federal prison population started to drop for the first time in years, even as crime has remained at historic lows.

Instead of acknowledging these gains, Mr. Sessions has clung to the familiar myth that longer, harsher sentences reduce crime and increase public safety. The evidence shows the opposite: To bring down recidivism, a punishment’s swiftness and certainty matter far more than its length. Longer sentences may even lead to more reoffending.

Mr. Sessions’s outdated ideas have been rebuked across the political spectrum. Eric Holder, the attorney general who issued the Obama-era policy, called the new approach “dumb on crime.” Senator Rand Paul, Republican of Kentucky, pointed out that people of color suffer disproportionately from mandatory-minimum sentences for drug crimes, and said Mr. Sessions’s charging policy “will accentuate the injustice.” A group of 31 current and former state and local prosecutors — not people ordinarily associated with going soft on crime — signed an open letter calling the directive an “unnecessary and unfortunate return” to harmful and discredited practices. Mr. Sessions has taken a sledgehammer to this rare and fragile bipartisanship, at least on the federal level. And while it’s too soon to know how the new policy will affect sentences, prison populations, or recidivism rates, Mr. Sessions’s assertion that the justice system is not harsh enough — however isolated that view — could trickle down and affect justice reform in the states.

Fortunately, states have been moving in the other direction, as budget-conscious lawmakers saw what Mr. Sessions has not — that locking up more people for longer periods is hugely expensive with no real public-safety payoff. The states should continue with their effective, evidence-based approaches, and Congress should find a way at last to pass meaningful sentencing reform. Reducing or eliminating many mandatory minimums would be optimal, but at this point most anything would be an improvement.

A bipartisan group of senators recently reintroduced the Justice Safety Valve Act, which would give judges more flexibility to impose lighter sentences in certain cases. They were achingly close to passing a similar bill last year, until a small clot of senators blocked it. One of those senators was Jeff Sessions.

Source

A tribute to Jeff Sessions

Thursday, May 18, 2017

Senator Rand Paul on the drug war

From Senator Rand Paul:

The attorney general on Friday made an unfortunate announcement that will impact the lives of millions of Americans: he issued new instructions for prosecutors to charge suspects with the most serious provable offenses, "those that carry the most substantial guidelines sentence, including mandatory minimum sentences."

Mandatory minimum sentences have unfairly and disproportionately incarcerated a generation of minorities. Eric Holder, the attorney general under President Obama, issued guidelines to U.S. Attorneys that they should refrain from seeking long sentences for nonviolent drug offenders.

I agreed with him then and still do. In fact, I'm the author of a bipartisan bill with Senator Leahy to change the law on this matter. Until we pass that bill, though, the discretion on enforcement -- and the lives of many young drug offenders -- lies with the current attorney general.

The attorney general's new guidelines, a reversal of a policy that was working, will accentuate the injustice in our criminal justice system. We should be treating our nation's drug epidemic for what it is -- a public health crisis, not an excuse to send people to prison and turn a mistake into a tragedy.
And make no mistake, the lives of many drug offenders are ruined the day they receive that long sentence the attorney general wants them to have.

If I told you that one out of three African-American males is forbidden by law from voting, you might think I was talking about Jim Crow 50 years ago.

Yet today, a third of African-American males are still prevented from voting, primarily because of the War on Drugs.

The War on Drugs has disproportionately affected young black males.

The ACLU reports that blacks are four to five times likelier to be convicted for drug possession, although surveys indicate that blacks and whites use drugs at similar rates. The majority of illegal drug users and dealers nationwide are white, but three-fourths of all people in prison for drug offenses are African American or Latino.

Why are the arrest rates so lopsided? Because it is easier to go into urban areas and make arrests than suburban areas. Arrest statistics matter when cities apply for federal grants. It doesn't take much imagination to understand that it's easier to round up, arrest, and convict poor kids than it is to convict rich kids.

The San Jose Mercury News reviewed nearly 700,000 criminal cases that were matched by crime and criminal history of the defendant. Their analysis showed that whites of similar situation were far more successful in the plea bargaining process and "virtually every stage of pretrial negotiation" than their African-American and Latino counterparts.

I know a guy about my age in Kentucky who was arrested and convicted for growing marijuana plants in his apartment closet in college.

Thirty years later, he still can't vote, can't own a gun, and, when he looks for work, he must check the box -- the box that basically says, "I'm a convicted felon, and I guess I'll always be one."
He hasn't been arrested or convicted for 30 years -- but still can't vote or have his Second Amendment rights. Getting a job is nearly impossible for him.

Mandatory sentencing automatically imposes a minimum number of years in prison for specific crimes -- usually related to drugs.

By design, mandatory sentencing laws take discretion away from judges so as to impose harsh sentences, regardless of circumstances. Our prison population, meanwhile, has increased by over 700% since the 1980s, and 90% of them are nonviolent offenders. The costs of our prison system now approach nearly $100 billion a year. It costs too much, in both the impact on people's lives and on our tax dollars.

I want to go the opposite way from the attorney general. That's why I've partnered with Senator Leahy and once again will be reintroducing the Justice Safety Valve Act.

This isn't about legalizing drugs. It is about making the punishment more fitting and not ruining more lives.

The legislation is short and simple. It amends current law to grant judges authority to impose a sentence below a statutory mandatory minimum.

In other words, we are not repealing mandatory minimums on the books -- we are merely allowing a judge to issue a sentence below a mandatory minimum if certain requirements are met.
We need this legislation because while there is an existing safety valve in current law, it is very limited. It has a strict five-part test, and only about 23% of all drug offenders qualified for the safety valve.

The injustice of mandatory minimum sentences is impossible to ignore when you hear the stories of the victims.

John Horner was a 46-year-old father of three when he sold some of his prescription painkillers to a friend.

His friend turned out to be a police informant, and he was charged with dealing drugs. Horner pleaded guilty and was later sentenced to the mandatory minimum of 25 years in jail.
As I testified before the Senate Judiciary Committee, Edward Clay was an 18-year-old and a first-time offender when he was caught with less than 2 ounces of cocaine. He received 10 years in jail from a mandatory minimum sentence.

Weldon Angelos was a 24-year-old who was sentenced to 55 years in prison for selling marijuana three times.
Former federal judge Timothy Lewis recalls a case where he had to send a 19-year-old to prison for 10 years for conspiracy. What was the "conspiracy"?

This young man had been in a car where drugs were found. I don't know about you, but I'm pretty sure one of us might have been in a car in our youth where someone might have had drugs. Before the arrest, according to news reports, this young man was going to be the first in his family to go to college.
Each case should be judged on its own merits. Mandatory minimums prevent this from happening.

Mandatory minimum sentencing has done little to address the very real problem of drug abuse while also doing great damage by destroying so many lives, and most Americans now realize it.

Proposition 47 recently passed in California, and it has spurred a cultural change in the way nonviolent drug offenders are treated, resulting in more than 13,000 fewer prisoners and a savings of $150 million, according to a Stanford Law School study.

Pew Research found that 67% of Americans want drug offenders to get treatment, not prison, and over 60% want an end to mandatory minimum sentences.

I urge the attorney general to reconsider his recent action. But even more importantly, I urge my colleagues to consider bipartisan legislation to fix this problem in the law where it should be handled. Congress can end this injustice, and I look forward to leading this fight for justice.


Source

Sunday, May 7, 2017

Trump is planning to effectively kill the office that has traditionally spearheaded the 'War on Drugs'

The Trump administration plans to cut 96% of the budget of the Office of National Drug Control Policy (ONDCP), effectively eliminating the federal agency that has traditionally been used to spearhead the war on drugs, according to multiple media reports.

The White House Office of Management and Budget's proposed fiscal year 2018 budget reduces the funding request for ONDCP from $388 million in 2017 to $24 million, according to a leaked memo first reported by CBS News.

The cuts would eliminate approximately half ONDCP's staff, around 33 employees, as well as "intelligence, research and budget functions at the agency, as well as the Model State Drug Laws and Drug Court grant programs," CBS reported Friday.

"These cuts are frankly heartbreaking and, if carried out, cause us to lose many good people who contribute greatly to ONDCP's mission and core activities," Acting Director Richard Baum wrote in an email to ONDCP staff obtained by CBS.

Baum added that news is "discouraging," but told staff "not to panic" and that "events are unfolding."

In addition, the budget proposes to eliminate multiple grant programs administered by ONDCP, including the High Intensity Drug Trafficking Areas (HIDTA) program and the Drug-Free Communities Support program, which the memo called "duplicative of other efforts across the Federal government and supplant State and local responsibilities."

Staff was notified of the budget cuts on Friday. Baum, who was aware of the impending cuts last week, had reportedly been lobbying Jared Kushner, Trump's senior adviser and son-in-law, to keep the agency's budget intact.

In February, when rumors first began circulating that Trump might cut ONDCP's budget, a coalition of medical and drug policy organizations sent a letter to Mick Mulvaney, the director of the Office of Management and Budget, urging for ONDCP to remain at the center of efforts to fight drug use.

"At a time when drugs now kill more people than firearms or car crashes, it is more important than ever for ONDCP to remain a strong voice in the White House and a visible presence nationally," the letter read.

But some drug policy experts are cautiously optimistic at the agency's elimination.

"Unfortunately, the ONDCP has a history of advancing predominatively counter-productive policies," Grant Smith, deputy director of national affairs at the Drug Policy Alliance, told Business Insider, noting that DPA has supported the "dismantling" of the agency.

Smith noted that elimination of the agency could actually accelerate efforts to treat drug use as a public health, rather than criminal issue, if it means less funding for programs like HIDTA.

But that depends, Smith said, on if the nation's drug policy is in the hands of Attorney General Jeff Sessions, who has called for cracking down on drug offenders, or someone else.

The ONDCP was first created in 1988 by the Anti-Drug Abuse Act at the height of the crack epidemic and the so-called War on Drugs.

Tom Angell, the founder of pro- marijuana legalization group Marijuana Majority, told Business Insider that it was only during the last years of the Obama Administration, under the direction of then-ONDCP director Michael Botticelli, that the agency made positive efforts towards harm reduction and treatment policies. Traditionally, according to Smith, the agency has been at the forefront of efforts to prosecute and stigmatize drug use.

ONDCP's proposed elimination comes after Trump signed an executive order in March to establish a national commission to address the opioid crisis, headed by New Jersey Gov. Chris Christie. The commission, which was due to receive "administrative support" from ONDCP, was tasked with coming up with strategies to address the crisis.

Many experts said the president's action is "underwhelming."

The reports come one day after Rep. Tom Marino announced that he was withdrawing from consideration for the appointment of ONDCP director, the position more informally known as the Drug Czar, after more than a month of speculation that he would serve. The Pennsylvania Republican was one of Trump’s earliest supporters in Congress.

The White House didn't immediately respond to a request for comment.


Source

This is great. The Drug Czar has always argued against marijuana legalization. Against the will of the people but now the people no longer have to fund it. The agency that was working against their interests. Let's contact President Trump and thank him for this decision. The more of us he hears from the better.

Tuesday, March 14, 2017

Vote TODAY: Senate rushing to escalate the drug war

From Drug Policy Alliance:

As soon as this afternoon, the U.S. Senate could vote on a bill that would escalate the drug war by expanding the ability of states to drug test people who file for unemployment insurance. If it passes, it will go to President Trump to be signed into law.

This is our last chance to block it before the vote. Urge your Senators to oppose this harmful legislation.

The vast majority of people who receive unemployment insurance and other public assistance do not use drugs. But more importantly, drug testing programs have been proven again and again to accomplish nothing. They often have faulty results and waste millions of tax dollars.

Instead of following the evidence, Congress is stigmatizing vulnerable people looking for jobs to ramp up the failed drug war.

This is shameful, especially considering that members of Congress rushing to pass this legislation have claimed it will help people who struggle with addiction to opioids and other substances.

Yet most states that have tried these kind of drug testing programs don’t even offer or fund treatment for people who struggle with substance use.

In addition to being ineffective, harmful, and a complete waste of money, mandatory drug testing by states has been deemed illegal and unconstitutional by the courts time and again.

Contact your Senators immediately and tell them to oppose this attempt to escalate the drug war.

And follow-up with a call to your Senators. Find their phone numbers here and you can say:

As a constituent, I am calling to urge my Senator to oppose H.J. Res. 42 which would expand state drug testing of people who file for unemployment insurance. The vast majority of people who receive unemployment insurance and other public assistance do not use drugs. But more importantly, drug testing programs have been proven again and again to accomplish nothing. They often have faulty results, and waste millions of tax dollars. Please oppose H.J. Res. 42. Thank you.

We are doing everything we can to stop this bill from becoming law. But we’re counting on you to help us.