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Chronicle AM: DHS Flip Flops on MJ, OR Bill to Protect MJ Users from Feds Passes, More... (4/19/17)

Two top federal security officials say scary things about marijuana policy, at least two states are moving to protect pot people from any federal crackdown, San Francisco becomes the latest city to embrace LEAD, and more.

DHS head John Kelly went from marijuana "is not a factor" in drug war to vowing to deport marijuana users in less than 48 hours.
Marijuana Policy

AG Sessions Says Marijuana Plays Role in International Criminal Enterprises. Attorney General Jeff Sessions said Tuesday that marijuana is a significant part of international drug trafficking and that there is "a lot" of violence around "marijuana distribution networks" in this country. "We have quite a bit of marijuana being imported by the cartels from Mexico. This is definitely a cartel-sponsored event," he said. "So it is a financial money-maker for them," he said. "I returned from the border last week and they told me that quite a number of the people they arrest are hauling marijuana across the border."

Homeland Security Chief Says Marijuana Possession is Grounds for Deportation. What a difference a couple of days makes! Over the weekend, Homeland Security Chief John Kelly said that "marijuana is not a factor" in the administration's war on drugs, but by Tuesday, he had changed his tune, denouncing marijuana as a "gateway drug" and warning that DHS would use pot charges to deport people. "ICE will continue to use marijuana possession, distribution and convictions as essential elements as they build their deportation removal apprehension packages for targeted operations against illegal aliens living in the United States," he said.

California Bill to Protect Pot People from Feds Advances. A bill aimed at protecting marijuana users and the state's blossoming pot industry from any federal crackdown was approved by the Assembly Public Safety Committee on a 5-2 vote. The measure, Assembly Bill 1578, would prevent state and local police from helping federal law enforcement crack down on state-legal marijuana activity.

Guam Governor Backs Away from Legalization Proposal, Citing Trump. Governor Eddie Baza Calvo has suspended his push to legalize marijuana on the American territory, citing a change of atmosphere in Washington. "US Attorney General Jeff Sessions' pronouncement that the federal government intends to crack down on jurisdictions where recreational marijuana is legal," a Calvo spokesman pointed out.

Oregon Bill to Protect Pot People from Feds Signed into Law Governor Kate Brown (D) on Monday signed into law Senate Bill 863. The bill would protect Oregon marijuana users from any federal crackdown by prohibiting the state's pot retailers from sharing or keeping information about their customers' purchases or identities.

Atlanta City Council Punts on Marijuana Decriminalization. The city council on Tuesday failed to pass a decriminalization ordinance, instead referring the measure to the Public Safety Committee for further review. The measure would have decriminalized the possession of up to an ounce, with a maximum fine of $75.

Medical Marijuana

Iowa Senate Approves Bill to Down-Schedule Marijuana. The state Senate voted Tuesday to approve a bill that would reschedule marijuana under state law from Schedule I to Schedule II and allow the manufacture and distribution of medical marijuana products. The bill now heads to the House.

North Dakota Governor Signs Medical Marijuana Regulation Bill. Governor Doug Burgum (R) on Monday signed into law Senate Bill 2344, which imposes sweeping legislative modifications on the state's new voter-approved medical marijuana law. With the governor's signature on the bill, the state now expects to have its system up and running within 12 to 18 months.

Law Enforcement

San Francisco Begins Law Enforcement Assisted Diversion (LEAD) Program. As of the beginning of April, the city is now operating a Law Enforcement Assisted Diversion (LEAD) program aimed at reducing the incarceration and criminalization of drug users and those with mental illnesses. LEAD is a pre-booking diversion program that refers low level offenders to treatment and community-based health and social services instead of prosecuting and jailing them. LEAD was pioneered in Seattle and is now in operation in a handful of cities across the country.

Chronicle AM: DE Legalization Bill Filed, WV MedMJ Bill Fast Tracked, More... (3/31/17)

A marijuana legalization bill gets filed in Delaware, a medical marijuana bill gets fast tracked in West Virginia, a South African court rules to free the weed, the Argentine Senate okays CBD cannabis oil, and more.

It looks like West Virginia is about to hop on the medical marijuana bandwagon. (Creative Commons/Wikimedia)
Marijuana Policy

Delaware Lawmakers Filed Legalization Bill. State Rep. Helene Keeley (D-Dover) and cosponsors filed House Bill 110 on Thursday. The bill would legalize the possession of up to an ounce by adults 21 and over and to purchase it from state-regulated stores. The bill does not allow people to grow their own. It imposes a $50 an ounce tax on buds and a $15 an ounce tax on other parts of the plant. It now heads to the House Finance and Revenue Committee, which must hold a hearing within 12 days.

Medical Marijuana

Maryland Legislators Propose Using Marijuana to Treat Opioid Addiction. A House of Delegates committee has added "opioid use disorder" to the list of qualifying conditions for medical marijuana use. The bill was set to be heard by the House Friday.

West Virginia House Fast Tracks Medical Marijuana Bill. Less than a day after the Senate approved a full-fledged medical marijuana bill, Senate Bill 386, the House has put it on path to quick consideration. The bill passed the Senate Wednesday, and on Thursday, the House voted to allow the bill to skip consideration by committees there and proceed directly to House floor debate. The move came in response to constituent pressure. "Like every member of this body, I can't count the number of emails and phone calls I received on this subject today," said Del. Mike Pushkin, D-Kanawha.

New Psychoactive Substances

Federal Bill Would Add New "Designer Drugs" to CSA's Schedule I. US Rep. Charles Dent (R-PA) has filed House Resolution 1732, the Synthetic Drug Control Act of 2017. It adds dozens of substances to Schedule I of the Controlled Substance Act, including phenylalkylamines, cannabimimetic agents, arylcyclohexamines, tryptamines, benzodiazepines, benzylpiperidines, piperazines, and opioids and opioid-like substances. The bill has been referred to the House Judiciary and House Energy and Commerce committees.

Law Enforcement

Federal Bill Would Create Program to Divert Low-Level Drug Offenders. US Rep. Sean Maloney (D-NY has filed House Resolution 1763, the Keeping Communities Safe Through Treatment Act of 2017. The bill directs the Justice Department to create a pilot program to provide grants to localities to divert people with low-level drug offenses into treatment programs before they are booked. It has been referred to the House Judiciary Committee.

International

Argentine Senate Approves CBD Cannabis Oil Bill. The Senate on Wednesday gave final legislative approval to a bill allowing the use of CBD cannabis oil for medical reasons and setting up a regulatory framework for state-run cultivation, processing, and distribution. Until the state-run system is up and running, CBD imports will be allowed.

South Africa High Court Rules Adults Can Possess Marijuana at Home. The Western Cape High Court ruled on Friday that it's legal for adults to use, possess, and grow marijuana at home. The court also ruled that sections of the Drug Trafficking act and the Medicines Control Act must be amended to comply with the decision. The decision isn't final yet, though -- it must be confirmed by the Constitutional Court.

Blunting Trump's Mass Deportation Plans With Drug Reform [FEATURE]

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

As President Trump ratchets up the machinery of mass deportation, supporters of a humane, comprehensive approach to immigration are seeking ways to throw sand in its gears. When mass deportation is touted because of the "criminality" of those targeted, one solution is to reduce criminalization, which is not to turn a blind eye to violent or dangerous criminals, but to recognize that we live in an over-criminalized society. That means school kids can now be arrested for behavior that would have sent them to the principal's office in years past (especially if they're a certain color). The US also generates the world's largest prison-industrial complex, and has criminalized tens of millions of people for the offense of simply possessing a certain plant, and millions more for possessing other proscribed substances.

ICE arrests an immigrant in San Jose. (dhs.gov)
While Trump talks about "bad hombres" as he ramps up the immigration crackdown, data shows that the net of criminality used to deport not just undocumented workers, but also legal immigrants and permanent resident aliens, is cast exceedingly wide. It's overwhelmingly not gang members or drug lords who are getting deported, but people whose crimes include crossing the border without papers, as well as traffic and minor drug offenses.

The report Secure Communities and ICE Deportations: A Failed Program , which examined Immigration and Customs Enforcement deportation records, found that the top three "most serious" criminal charges used to deport people and which accounted for roughly half of all deportations were illegal entry, followed by DWI and unspecified traffic violations.

The fourth "most serious" criminal charge used to deport people was simple marijuana possession, with more than 6,000 people being thrown out of the country in fiscal years 2012 and 2013, the years the study covered. Right behind that was simple cocaine possession, accounting for another 6,000 in each of those years. "Other" drug possession charges accounted for nearly 2,500 deportations each of those years.

Nearly 3,000 people a year were deported for selling pot, and more than 4,000 for selling cocaine, but only about 2,000 a year for the more serious offense of drug trafficking, accounting for a mere 1% of all deportations in those years.

ICE raid in Atlanta. (dhs.gov)
This has been going on for years. In the same report, researchers estimated that some 250,000 people had been deported for drug offenses during the Obama administration, accounting for one-fifth of all criminal deportations. Now, the Trump administration gives every indication it intends to be even tougher.

In light of the massive use of drug charges to deport non-citizens, drug reform takes on a whole new aspect. Marijuana decriminalization and legalization may not generally be viewed through the lens of immigrant protection, but they shield millions of people from drug deportation in those states that have enacted such laws. Similarly, efforts to decriminalize drug possession in general are also moves that would protect immigrants.

Now, legislators and activists in vanguard states are adopting prophylactic measures, such as sealing marijuana arrest records, rejiggering the way drug possession cases are handled, and, more fundamentally, moving to decriminalize pot and/or drug possession. In doing so, they are building alliances with other communities, especially those of color, that have been hard hit by the mass criminalization of the war on drugs.

In California, first decriminalization in 2011 and then outright legalization last year removed pot possession from the realm of the criminal, offering protection to hundreds of thousands of immigrants. But the California legalization initiative, Proposition 64, also made the reduction or elimination of marijuana-related criminal penalties retroactive,meaning past convictions for marijuana offenses reduced or eliminated can be reclassified on a criminal record for free. Having old marijuana offenses reduced to infractions or dismissed outright can remove that criminal cause for removal from any California immigrant's record.

Across the county in New York, with a charge led by the state legislature's Black, Puerto Rican, Hispanic and Asian Caucus, the state assembly voted in January to approve AB 2142, which would seal the criminal records of people who had been unjustly arrested for simple possession of marijuana in public view, a charge police used to still bust people for marijuana after it was decriminalized in 1977. Like the Prop 64 provision in California, this measure would protect not only minority community members in general -- who make up 80% of those arrested on the public possession charge -- from the collateral consequences of a drug conviction, but immigrants in particular from being expelled from their homes.

"A marijuana conviction can lead to devastating consequences for immigrants, including detention and deportation," said Alisa Wellek, executive director of the Immigrant Defense Project. "This bill will provide some important protections for green card holders and undocumented New Yorkers targeted by Trump's aggressive deportation agenda."

"Sealing past illegitimate marijuana convictions is not only right, it is most urgent as the country moves toward legalization and immigrant families are put at risk under our new federal administration," said Kassandra Frederique, New York state director for the Drug Policy Alliance. "Comprehensive drug law reform must include legislative and programmatic measures that account for our wrongheaded policies and invest in building healthier and safer communities, from the Bronx to Buffalo, Muslim and Christian, US-born and green card-holding."

Companion legislation in the form of Senate Bill 3809 awaits action in the Senate, but activists are also pushing Gov. Andrew Cuomo to include similar language as part of his decriminalization proposal in state budget legislation, opening another possible path forward.

One-way street? (Creative Commons/Wikimedia)
"In New York State 22,000 people were arrested for marijuana possession in 2016. The misdemeanor charge for public view of marijuana possession gives those people convicted a criminal record that will follow them throughout their lives, potentially limiting their access to education, affecting their ability to obtain employment, leading to a potential inability to provide for their families," said Sen. Jamaal Bailey, author of the Senate bill.

"Furthermore, and even more problematic, there exist significant racial disparities in the manner that marijuana possession policy is enforced. Blacks and Latinos are arrested at higher rates despite the fact that white people use marijuana at higher rates than people of color. Responsible and fair policy is what we need here," Bailey added. "We must act now, with proactive legislation, for the future of many young men and women of our state are at stake here."

Meanwhile, back in California, Assemblywoman Susan Talamantes Eggman (D-Stockton) has reintroduced legislation explicitly designed to shield immigrants from deportation for drug possession charges, as long as they undergo treatment or counseling. Under her bill, Assembly Bill 208, people arrested for simple possession would be able to enroll in a drug treatment for six months to a year before formally entering a guilty plea, and if they successfully completed treatment, the courts would wipe the charges from their records.

The bill would address a discrepancy between state law and federal immigration law. Under state drug diversion programs, defendants are required to first plead guilty before opting for treatment. But although successful completion of treatment sees the charges dropped under state law, the charges still stand under federal law, triggering deportation proceedings even if the person has completed treatment and had charges dismissed.

"For those who want to get treatment and get their life right, we should see that with open arms, not see it as a way of deporting somebody," Eggman said.

Eggman authored a similar bill in 2015 that got all the way through the legislature only to be vetoed by Gov. Jerry Brown, who worried that it eliminated "the most powerful incentive to stay in treatment -- the knowledge that the judgment will be entered for failure to do so."

In the Trump era, the need for such measures has become even more critical, Eggman said.

"It might be a more complex discussion this year, and it's a discussion we should have," she said. "If our laws are meant to treat everyone the same, then why wouldn't we want that opportunity for treatment available to anyone without risk for deportation?"

Reforming drug laws to reduce criminalization benefits all of us, but in the time of Trump, reforming drug laws is also a means of protecting some of our most vulnerable residents from the knock in the night and expulsion from the country they call home.

Chronicle AM: Organic Foods Group Disses Kratom, DPA Releases Opioids Plan, More... (12/7/16)

An organic foods group says allowing kratom would be "dangerous," the Drug Policy Alliance comes out with a plan for heroin and prescription opioids, Iowa shuts down its asset forfeiture unit, and more.

The Natural Products Association says allowing kratom would be "dangerous." (Creative Commons/Wikimedia)
Marijuana Policy

Virginia Marijuana Arrests Plummet. Marijuana arrests have dropped 14% in the state over the past two years, the largest decline this century, and they appear headed for further declines this year. Changes in prosecutorial priorities appear to be behind the fall, with some prosecutors saying they need to husband their resources for felony prosecutions.

Heroin and Prescription Opioids

Drug Policy Alliance Releases Public Health and Safety Plan to Address Problematic Opioid Use and Overdose. The Drug Policy Alliance, the nation's leading proponent of drug policy reform, is releasing a plan to address increasing rates of opioid use and overdose (now the leading cause of accidental death in the United States). The plan marks a radical departure from the punitive responses that characterize much of US drug policy and instead focuses on scientifically proven harm reduction and public health interventions that can improve treatment outcomes and reduce the negative consequences of opioid misuse, such as transmission of infectious diseases and overdose. The plan has 20 specific recommendations, including establishing safe injection sites, moving ahead with prescription heroin (heroin-assisted treatment), and embracing Law Enforcement Assisted Diversion (LEAD) to keep people out of the criminal justice system and bring them in contact with social services.

Kratom

Natural Products Association Says Allowing Kratom Would Be "Dangerous." The largest trade group representing the organic and natural foods industry and dietary supplements makers has commented on the DEA's proposed ban on kratom, saying that "adding kratom to the US food supply could likely be dangerous and lead to serious unintended consequences." Kratom products have not met the strict standards for new items to be marketed to the public or undergone FDA approval, the group said. "Adding an untested and unregulated substance such as kratom to our food supply without the application of longstanding federal rules and guidelines would not only be illegal," said Daniel Fabricant, PhD, NPA's CEO and executive director. "It could likely be dangerous, leading to serious unintended consequences as our nation struggles with the crisis of opioid addiction."

Asset Forfeiture

Iowa Disbands State Asset Forfeiture Team, Returns $60,000 Taken From Travelers. Under increasing fire over asset forfeiture practices that saw a thousand seizures a year, the state Attorney General's Office announced Monday that the Department of Public Safety had disbanded its Interstate 80 drug interdiction and forfeiture team. The move came because of increased personnel demands and the need to focus on reducing traffic deaths, the office said, and had nothing to do with the recently announced settlement of a lawsuit brought by a pair of California gamblers who had $100,000 seized after they were stopped and a small amount of marijuana was found. That settlement resulted in the men getting most of their money back.

Law Enforcement

Justice Department Probing Possible Criminal Charges Over Atlanta DEA Informants. A DEA official told a congressional committee last week that the agency has referred "potential criminal charges" to the Justice Department over an Atlanta DEA supervisor who allegedly was in sexual relationships with two informants, one of whom was paid $212,000 for helping to bust four St. Louis drug traffickers. There are allegations of false documentation of payments to the snitch, who got $2,500 a month for two years, along with two "bonuses" of $55,000 and $80,750. The monthly payments apparently covered the rent for apartment near the DEA supervisor's home in the Atlanta metro area.

Clinton's and Trump's Drug Policies [FEATURE]

(This article was written prior to the election.)

One means of judging the competing presidential candidates is to examine their actual policy prescriptions for dealing with serious issues facing the country. When it comes to drug policy, the contrasts between Hillary Clinton and Donald Trump couldn't be more telling.

Donald Trump talks drugs. (Gage Skidmore/Wikimedia)
The country is in the midst of what can fairly be called an opioid crisis, with the CDC reporting 78 Americans dying every day from heroin and prescription opioid overdoses. Both candidates have addressed the problem on the campaign trail, but, as is the case in so many other policy areas, one candidate has detailed proposals, while the other offers demagogic sloganeering.

Guess which is which.

Hillary Clinton has offered a detailed $10 billion plan to deal with what she called the "quiet epidemic" of opioid addiction. Donald Trump's plan consists largely of "build the wall."

That was the centerpiece of his October 15 speech in New Hampshire where he offered his clearest drug policy prescriptions yet (though it was overshadowed by his weird demand that Hillary Clinton undergo a drug test).  To be fair, since then, Trump has also called for expanding law enforcement and treatment programs, but he has offered no specifics or cost estimates.

And the centerpiece of his approach remains interdiction, which dovetails nicely with his nativist immigration positions.

Donald Trump wants a wall here to stop drugs and immigrants. (Wikimedia/Creative Commons)
"A Trump administration will secure and defend our borders," he said in that speech. "A wall will not only keep out dangerous cartels and criminals, but it will also keep out the drugs and heroin poisoning our youth."

Trump did not address the failure of 40 years of ever-increasing border security and interdiction policies to stop the flow of drugs up until now, nor did he explain what would prevent a 50-foot wall from being met with a 51-foot ladder.

Trump's drug policy also takes aim at a favorite target of conservatives: so-called sanctuary cities, where local officials refuse to cooperate in harsh federal deportation policies.

"We are also going to put an end to sanctuary cities, which refuse to turn over illegal immigrant drug traffickers for deportation," he said. "We will dismantle the illegal immigrant cartels and violent gangs, and we will send them swiftly out of our country."

In contrast, Clinton's detailed proposal calls for increased federal spending for prevention, treatment and recovery, first responders, prescribers, and criminal justice reform. The Clinton plan would send $7.5 billion to the states over 10 years, matching every dollar they spend on such programs with four federal dollars. Another $2.5 billion would be designated for the federal Substance Abuse Prevention and Treatment Block Grant program.

Hillary Clinton has a detailed drug policy position. (state.gov)
While Trump advocates increased border and law enforcement, including a return to now widely discredited mandatory minimum sentencing for drug offenders, Clinton does not include funding for drug enforcement and interdiction efforts in her proposal. Such funding would presumably come through normal appropriations channels.

Instead of a criminal justice crackdown, Clinton vows that her attorney general will issue guidance to the states urging them to emphasize treatment over incarceration for low-level drug offenders. She also supports alternatives to incarceration such as drug courts (as does Trump). But unlike Trump, Clinton makes no call for increased penalties for drug offenders.

Trump provides lip service to prevention, treatment and recovery, but his rhetorical emphasis illuminates his drug policy priorities: more walls, more law enforcement, more drug war prisoners.

There is one area of drug policy where both candidates are largely in agreement, and that is marijuana policy. Both Clinton and Trump have embraced medical marijuana, both say they are inclined to let the states experiment with legalization, but neither has called for marijuana legalization or the repeal of federal pot prohibition.

If Clinton's drug policies can be said to be a continuation of Obama's, Trump's drug policies are more similar to a return to Nixon's. 

(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: Seattle Call for Injection Sites, Duterte Wants More Lethal Drug War, More... (9/20/16)

A Seattle/King County heroin task force has recommended two safe injection sites be established, a California bill to let landlords ban medical marijuana smoking dies, Nevada legalization foes get organized, and more.

from the anti-legalization Protecting Nevada's Children website
Marijuana Policy

Nevada Legalization Foes Get Organized. Opponents of the Question 2 legalization initiative have organized as Protecting Nevada's Children, complete with a slick website that warns that "legalizing marijuana… like giving candy to a baby." Officials with the no campaign are also worrying about "a well-prepared workforce" if Las Vegas becomes "the Amsterdam of the West." The group refuses to divulge its funding, saying it would be revealed in mid-October, when campaign finance reports are due.

Medical Marijuana

California Bill to Let Landlords Ban Medical Marijuana Smoking Dies. Assemblyman Jim Wood (D-North Coast) has dropped his bill that would let landlords ban smoking medical marijuana after he conceded he was unable to figure out how to meet the needs of medical marijuana patients.

Harm Reduction

Seattle Heroin and Opioid Task Force Issues Report, Calls for Two Safe Injection Sites. The King County Heroin and Opiate Addiction Task Force has issued a final report calling on increased prevention and access to treatment for addicted users. Among other recommendations, the report calls for authorities to "Create a three-year pilot project that will include at least two locations where adults with substance-use disorders will have access to on-site services while safely consuming opioids or other substances under the supervision of trained healthcare providers." Look for a detailed article on the task force recommendations tomorrow.

Sentencing Reform

North Dakota Legislature Squabbles Over Drug Sentences. Legislators are working off-session on a pair of criminal justice reform bills aimed at curbing a growing prison population, but some are reluctant to embrace reductions in drug sentences that experts said were necessary to actually achieve prison population cuts. There was support for reducing some sentences for drug possessors, but not for drug sellers. A proposal from the Department of Corrections and Rehabilitation to eliminate mandatory minimums for people dealing drugs was rejected. But a proposal from the Council of State Governments to make probation the presumptive sentence for first-time, low-level felonies was accepted. The bills will be introduced at the beginning of the next session.

International

Philippines President Wants Six More Months of Drug War Because He "Cannot Kill Them All" Fast Enough. Even as the death toll from President Rodrigo Duterte's slow motion massacre of drug suspects tops 3,000, the hardline leader is saying he wants to extend his crusade another six months. "I did not realize how severe and how serious the drug menace was in this republic until I became president," Duterte said. "Even if I wanted to I cannot kill them all because the last report would be this thick," he said, referring to a new police list of people including top officials suspected of being involved in the drugs trade.

Chronicle AM: MA Init Gets Big Bucks, Chicago's West Side is Heroin "Epicenter", More... (9/12/16)

The California legalization campaign heats up, the Massachusetts legalization campaign is sitting pretty with lots of cash, a North Carolina town becomes the first in the South to adopt Law Enforcement Assisted Diversion (LEAD) for drug users, and more.

People lining up to buy heroin in Chicago. (Chicago PD)
Marijuana Policy

California Legalization Supporters File Complaint Against Opposition Committee. Diane Goldstein, one of the proponents for the Prop 64 legalization initiative, filed a complaint last Friday against Smart Approaches to Marijuana Action, the lobbying and campaign arm of the prohibitionist Project SAM. The complaint claims the committee misreported donations, failed to file contribution reports, and left some contribution reports incomplete, including one for Pennsylvania millionaire Julie Schauer, who gave $1.3 million the opposition.

California Highway Patrol Says It Is Neutral on Legalization Initiative. The state Highway Patrol last Friday clarified that it has not taken a position on the Prop 64 legalization initiative. The move comes after the head of the California Association of Highway Patrolmen criticized the measure for not setting a legal driving limit for the amount of THC in drivers' blood. CHP provided technical assistance to the measure's authors and is involved in implementing medical marijuana regulations signed into law last year.

Massachusetts Legalization Initiative Getting Big Bucks Backing. Supporters of the Question 4 legalization initiative have taken in more than $2.4 million since January, most of it from the New Approach PAC, a group based in Washington, DC, that is led by Graham Boyd. Groups opposing Question 4 have only raised less than $400,000, giving supporters a six-to-one funding advantage.

Heroin and Prescription Opioids

Report Names Chicago's West Side as "Epicenter" of State's Heroin Crisis. A new report from Roosevelt University, Hidden in Plain Sight, examines heroin arrests, hospitalizations, and deaths on the city's West Side and finds that the area accounts for one out of four hospitalizations for overdoses in the entire state. The response to rising heroin use has focused on enforcement, not treatment, said report coauthor Kathy Kane Willis. "Incarceration or arrest is an extremely ineffective and expensive way to treat a health crisis like this. We cannot arrest our way out of this problem," she said. In response to the report, state Rep. La Shawn K. Ford (D-Chicago) has launched the West Side Heroin Task Force to help find evidence-based solutions to the problem.

Law Enforcement

Fayetteville, NC, Starts First Law Enforcement Assisted Diversion (LEAD) Program in the South. This month the Fayetteville Police Department and a number of partners, including the North Carolina Harm Reduction Coalition (NCHRC), are launching a new program to divert low-level drug and sex work (prostitution) offenders to treatment instead of jail. Currently, Fayetteville faces one of the highest rates of opioid abuse in the nation. Last year alone over 500 people were arrested for drug possession in the city. Under the new law enforcement assisted diversion program (LEAD) launched this month, police officers will be able to divert eligible citizens (people with under 4 grams of drugs, no violent record, etc) to treatment providers and social services instead of funneling them through the criminal justice system, where often the cases are thrown out or people serve minimal jail time and wind up back on the streets.

International

Rampant Meth Use is Driving Asia's Drug War. The Philippines isn't the only country in the region waging a deadly "war on drugs." In Thailand and Myanmar, drug users are sentenced to long prison terms, while Indonesia has declared a "narcotics emergency" and resumed the execution of drug convicts. But that tough response is only likely to make things worse, experts said.

Chronicle AM: Houston Decriminalizes, Detroit Tightens Snitch Procedures, More... (12/28/14)

America's fourth largest city decriminalizes on Friday, Detroit tightens up on police use of paid snitches, a federal judge in Denver is hearing a pot banking case, and more.

Decrim comes to Houston this weekend. (wikimedia/spacecaptain)
Marijuana Policy

Denver Federal Judge Hears Marijuana Banking Case Today. US District Court Judge R. Brooke Jackson is hearing arguments today in a case filed by Fourth Corner Credit Union against the Federal Reserve Bank's Kansas City branch. The credit union was designed to serve the legal marijuana industry, but the Fed rejected its application, so the credit union sued in July. It is asking the court to force the Fed to accept its application. There is no deadline for issuing a decision.

Decriminalization Coming to Houston on Friday. Beginning this weekend, Harris County will not charge first-time marijuana possession offenders, instead diverting them into the county's First Chance Intervention Program. People diverted instead of arrested will have to pay a $100 fee and engage in either eight hours of community service or eight hours of "cognitive class." Harris County is the nation's third most populous.

Medical Marijuana

Michigan Bill Would Bar Employers From Firing Patients. Rep. Jeff Irwin (D-Ann Arbor) and Rep. Sam Singh (D-East Lansing) have filed House Bill 5161 to protect the employment rights of medical marijuana patients. The bill would protect patients with registration cards, but they could still be fired if their marijuana use interferes with their job performance.

Law Enforcement

In Wake of Scandal, Detroit Cops Rein in Use of Paid Snitches. After a police corruption case in which Detroit narcs ripped off drug dealers and used informants to sell their stashes, the Detroit Police have tightened the rules on the use of paid snitches. Now, individual officers have to get permission from supervisors to use someone as a snitch, they must follow departmental rules for the use of informants, and they can't cut informal plea deals with potential snitches, among other changes.

Sweeping Bipartisan Federal Sentencing Reform Legislation Filed [FEATURE]

A bipartisan group of senators including heavyweights like Senate Judiciary Committee Chairman Chuck Grassley and Assistant Democratic Leader Dick Durbin rolled out comprehensive sentencing reform legislation Thursday. The bill aims at reducing prison sentences for some drug offenders and seeking to curb recidivism by bolstering reentry programs for prisoners. The legislation would, however, also expand mandatory minimum sentences in some for some non-drug offenses.

The Sentencing Reform and Corrections Act of 2015 is also cosponsored by Senators John Cornyn (R-TX), Sheldon Whitehouse (D-RI), Mike Lee (R-UT), Charles Schumer (D-NY), Lindsey Graham (R-SC), Patrick Leahy (D-VT), and Cory Booker (D-NJ).

It is arguably the most sweeping legislation to roll back drug war excesses yet, and it represents "small government" conservatives cooperating with liberals and civil rights advocates -- a remarkable step in this era of poisoned partisan relations in Washington. If passed, it would free some currently serving prisoners, as well as cut sentences for future offenders.

The bill narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening ways defendants with minimal non-felony criminal histories can avoid triggering mandatory minimum sentences. The bill also reduces certain mandatory minimums, providing judges with greater discretion when determining appropriate sentences, and preserves "cooperation incentives" to aid law enforcement in tracking down kingpins.

In addition to reducing prison terms for some offenders through sentencing reform, qualifying inmates can earn reduced sentences through recidivism reduction programs outlined in the CORRECTIONS Act introduced by Cornyn and Whitehouse. The bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences.

According to a summary provided by Sen. Grassley's office, the bill:

Reforms and Targets Enhanced Mandatory Minimums for Prior Drug Felons: The bill reduces the enhanced penalties that apply to repeat drug offenders and eliminates the three-strike mandatory life provision, but it allows those enhanced penalties to be applied to offenders with prior convictions for serious violent and serious drug felonies.

Broadens the Existing Safety Valve and Creates a Second Safety Valve: The bill expands the existing safety valve to offenders with more extensive criminal histories but excludes defendants with prior felonies and violent or drug trafficking offenses unless a court finds those prior offenses substantially overstate the defendant's criminal history and danger of recidivism. The bill also creates a second safety valve that gives judges discretion to sentence certain low-level offenders below the 10-year mandatory minimum. But defendants convicted of serious violent and serious drug felonies cannot benefit from these reforms.

Reforms Enhanced Mandatory Minimums and Sentences for Firearm Offenses: The bill expands the reach of the enhanced mandatory minimum for violent firearm offenders to those with prior federal or state firearm offenses but reduces that mandatory minimum to provide courts with greater flexibility in sentencing. The bill also raises the statutory maximum for unlawful possession of firearms but lowers the enhanced mandatory minimum for repeat offenders.

Creates New Mandatory Minimums for Interstate Domestic Violence and Certain Export Control Violations: The bill adds new mandatory minimum sentences for certain crimes involving interstate domestic violence and creates a new mandatory minimum for providing weapons and other defense materials to prohibited countries and terrorists.

Applies the Fair Sentencing Act and Certain Sentencing Reforms Retroactively

Provides for Prison Reform based on the Cornyn-Whitehouse CORRECTIONS Act: The bill requires the Department of Justice to conduct risk assessments to classify all federal inmates and to use the results to assign inmates to appropriate recidivism reduction programs, including work and education programs, drug rehabilitation, job training, and faith-based programs. Eligible prisoners who successfully complete these programs can earn early release and may spend the final portion (up to 25 percent) of their remaining sentence in home confinement or a halfway house.

Limits Solitary Confinement for Juveniles in Federal Custody and Improves the Accuracy of Federal Criminal Records

Provides for a Report and Inventory of All Federal Criminal Offenses

Senator Cory Booker (D-NJ) is a bill cosponsor (wikimedia/Bbsrock)
"This historic reform bill addresses legitimate over-incarceration concerns while targeting violent criminals and masterminds in the drug trade," Grassley said. "This bill is an important component in my ongoing effort as Judiciary Committee chairman to ensure access to justice for both the victims and the accused."

"The United States incarcerates more of its citizens than any other country on earth," said Durbin. "Mandatory minimum sentences were once seen as a strong deterrent. In reality they have too often been unfair, fiscally irresponsible and a threat to public safety. Given tight budgets and overcrowded prison cells, our country must reform these outdated and ineffective laws that have cost American taxpayers billions of dollars. This bipartisan group is committed to getting this done."

"Crafting criminal justice reform in this Congress is like a Rubik's cube, but this group of Republicans and Democrats worked hard to come up with a fair and balanced package that will make a real difference," said Schumer. "This bill would make much needed reforms to sentencing for nonviolent offenders, resulting in a much fairer criminal justice system. I'm hopeful that we can continue moving the ball forward in a bipartisan way to make the reforms our system needs."

"For decades, our broken criminal justice system has held our nation back from realizing its full potential," said Booker. "Today, we take a step forward. Mass incarceration has cost taxpayers billions of dollars, drained our economy, compromised public safety, hurt our children, and disproportionately affected communities of color while devaluing the very idea of justice in America. The Sentencing Reform and Corrections Act is a promising, bipartisan step forward to help right this wrong."

Although the bill doesn't move completely away from the resort to mandatory minimums, it is still garnering general support among the civil rights, drug reform, and criminal justice reform communities.

The bill aims to reduce federal prison populations. (nadcp.org)
"The legislation is recognition from leadership in both parties that the war on drugs has failed and that the harsh sentencing laws that appealed to lawmakers in the 80s and 90s have had disastrous consequences -- especially for communities of color," said Michael Collins, Policy Manager at the Drug Policy Alliance. "There are things we like about the bill and things we don't, and much more action is needed to tackle mass incarceration, but this is a worthy compromise."

"In an age of intense partisan conflict, it's heartening to see lawmakers across the spectrum working together on restoring justice in this country," said Maj. Neill Franklin (Ret.), executive director for Law Enforcement Against Prohibition (LEAP), a group of criminal justice professionals working to end the drug war. "We could reduce the impact that drug prohibition has on people of color and for so many others who have been victims of unreasonable and ineffective drug prohibition laws. There's still a lot of work to be done, but this is a considerable step in the right direction."

The Leadership Conference on Civil and Human Rights was also on board.

"Today marks a unique moment in our history and an important step forward in making long overdue reforms to our justice system," said Wade Henderson, the group's CEO. "This bill represents the most robust bipartisan effort at criminal justice reform in years. "This harmonic convergence of left and right -- of civil rights and small government advocates -- represents a coalition of conscience that can carry this legislation to the White House. We applaud the effort and look forward to working with the cosponsors on this legislation."

Now, the bill has to actually get through Congress. Given the high-powered and bipartisan support in the Senate, prospects look good there, but whether the House will be willing to sign on remains to be seen.

Chronicle AM: Senate Has Deal on Sentencing Reform, OR Legal Pot Sales Begin Today, More (10/1/15)

Oregon dispensaries can now sell marijuana to all comers (21 and over), a bipartisan group of senators announces a deal on major sentencing reform, Albuquerque's mayor vetoes decrim again, heroin policy on the campaign trail is featured, and more.

now on sale to adults in Oregon (wikimedia/Mangokeylime)
Marijuana Policy

Family Physicians Say Marijuana Should Be Decriminalized, Rescheduled. Meeting in Denver, the American Academy of Family Physicians has passed two resolutions on marijuana policy. The first originally called for legalization, but was watered down to decriminalization, while the second calls on the DEA to move marijuana from Schedule I to Schedule II of the Controlled Substances Act. Click on the link for details on the debate.

California Marijuana Arrests Decline to Lowest Level Since 1966. Data from the FBI's annual Uniform Crime Report shows that pot arrests in the state are at the lowest in nearly 50 years. Some 19,711 people were arrested on marijuana charges last year, down slightly from 20,346 in 2013. Arrests have nose-dived since the state decriminalized possession in 2008. But some things apparently never change: Blacks were arrested for marijuana offenses at a rate more than twice their percentage of the state's population.

Legal Recreational Marijuana Sales Are Now Underway in Oregon. Medical marijuana dispensaries across the state began selling pot to anyone with an ID showing he is 21 or over today. State officials moved to allow dispensaries to start selling recreational marijuana early in order to allow Oregonians to have a place to legally purchase it until adult use shops open next year. Not all dispensaries are participating; about 200 of the 345 in the state are.

Albuquerque Mayor Vetoes Decriminalization (Again). Mayor Richard Berry has vetoed a decriminalization ordinance passed by the city council. He vetoed a similar measure last year. In a veto statement, he said he had a "hard time signing legislation that preempts state and federal law." Except that it doesn't. Decriminalization has majority support in the city and Bernalillo County, but the mayor doesn't appear to be listening.

Heroin and Prescription Opiates

Heroin As a Campaign Issue. This USA Today story looks primarily at the attention Hillary Clinton is paying to heroin and opiate addiction in New England and the role of Vermont Gov. Peter Shumlin (D) in advising her on drug policy, but also mentions Carly Fiorina and Bernie Sanders. Jeb Bush has also been talking about addiction this week.

Sentencing

Senators Reach Deal on Sentencing Reform Package. A bipartisan group of senators announced a historic deal on criminal justice reform Thursday, rounding out a negotiation process that has lasted almost five months. The bill, spearheaded by Judiciary Committee Chairman Chuck Grassley (R-IA), will involve reductions in mandatory minimum sentences for drug offenses, an expansion of the federal "safety valve" (which allows judges to use their discretion to sentence people below statutory mandatory minimums), and will expand reentry programming and early release, among other things. Look for a Chronicle feature story on this in coming days.

(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.)

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