Tuesday, July 19, 2016
Has the drug war really "made policing more violent"?
The question in the title of this post is prompted by this new Democracy commentary authored by Jonathan Blanks that carries this full headline: "The War on Drugs Has Made Policing More Violent: What can be done to curb the excessive and, sometimes, predatory policing that has emerged from the Drug War?". Here are excerpts from the piece:
American policing today has become increasingly aggressive and, at times, even predatory. Policies and tactics have evolved to make police contact more confrontational. In so doing, they have increased the chances of violence and fatal uses of force. This has been particularly true of efforts aimed at fighting the Drug War. Police are incentivized to initiate unnecessary contact with pedestrians and motorists, and they do so most often against ethnic and racial minorities. Such over-policing engenders resentment among minority communities and jeopardizes public safety.
Some of the Drug War’s most disturbing images involve police officers in SWAT gear, kicking down doors, ransacking homes and endangering the lives of everyone inside during pre-dawn raids. Officers rummaging through a car for drug contraband while the driver sits helplessly on the sidewalk as onlookers drive by may be less violent, but is just as invasive and degrading. This experience can be humiliating under any circumstance, and any perception of race as playing a role in the stop piles resentment on top of humiliation.
The “pretextual” or “investigatory” stop is a common police tactic to investigate potential criminal activity — particularly drug possession and trafficking — in situations where there is no legal reason to suspect a crime is occurring. There is not a large amount of data on how often these stops produce contraband seizures, but what data there is suggests that the overwhelming majority of people who are stopped are guilty of no crime. Much like the pedestrian stops during the heyday of New York City’s “Stop and Frisk” program, most of the motorists stopped for investigatory purposes are black or Hispanic. Those who are stopped are often pressured to give consent to a search the officer has no legal right to demand.
There is evidence that some police departments, particularly state police and drug task forces in the American interior, target motorists with out-of-state plates in the hopes of finding drug proceeds and other unexplained cash. Cash-driven interdiction is the result of asset forfeiture laws that allow police departments to keep the proceeds of assets seized in connection with suspected crimes. This “policing for profit” puts budgetary concerns above public safety.
Officers are also trained to prepare for the possibility of violence in every encounter. Anti-police attacks such as the recent tragedies in Dallas and Baton Rouge heighten the fear and trepidation some officers feel in the field. While fewer police officers are feloniously killed in the line of duty per year than at almost any time in American history, officers who find themselves in stressful situations may be more likely to resort to the use of force, including deadly force, in order to maintain their sense of control during such encounters.
In short, the laws and tactics employed to fight the Drug War have transformed police officers from those who protect and serve to a force that, too often, actively searches the innocent and seizes for profit. Aggressive and antagonistic policing also increases the likelihood of disagreement, thereby increasing the possibility of escalation and the use of force that could lead to the injury or death of an innocent person. But the effects of aggressive policing extend beyond the outcome of any given police stop.
Although a majority of Americans express a “great deal” or “quite a lot” of confidence in the police, the same is not true across all racial and ethnic lines. Less than one-third of black respondents to a Gallup poll expressed a large amount of confidence in the police. And while a majority of Hispanics still have a lot of confidence in the police, just over 40 percent of other nonwhites do. Research by Charles Epp and others at the University of Kansas shows that support for police declines when individuals and the people they know have negative police experiences, particularly through investigatory stops.
This lack of confidence in the police can endanger communities. As Jill Leovy documented in her book Ghettoside, the poor relationships officers have with black Los Angelenos hinders homicide clearance rates and prosecutions. At the same time, the “broken windows” policing strategy that focuses on heavy enforcement of petty crimes has been shown to have no effect on the felony crime rate, the premise on which the strategy is based. Together, these create a tragic contradiction in which black communities are over-policed for drugs and petty crimes, but under-policed for homicides and other violent crimes.
I would generally agree with the suggestion that the drug war has contributed to the over-policing of many communities, particularly poorer communities, and I also fear that the drug war has contributed to strained relationships between police forces and certain communities. But I am not sure I would assert that the drug war has itself "made policing more violent": rather, based in part on experiences during alcohol Prohibition a century ago, I would be more inclined to assert that efforts to treat drug use and abuse through blanket prohibitions and criminal justice interventions creates the conditions for a society that has less respect for criminal laws and for police efforts to enforce order, and that in turn makes everyone involved in this part of the criminal justice system more prone to look to violence rather than to law as a means for securing order.
Some prior related posts:
- Senator Rand Paul blames ugliness of Ferguson on the ugliness of big CJ government
- Is an end to the modern drug war the only real way to prevent future Fergusons?
- Senator Rand Paul links Ferguson tragedy to harms of the modern drug war
- After Ferguson, can and should marijuana legalization and drug war reform become a unifying civil rights movement?
Tuesday, July 12, 2016
Some mid-summer highlights from Marijuana Law, Policy & Reform
Because federal statutory sentencing reform has stalled in Congress and with the Supreme Court now on its extended summer break, major new sentencing stories are relatively rare these days. In contrast, over at my Marijuana Law, Policy & Reform blog, I have been struggling greatly to keep up with all the marijuana reform news. These recent posts from the last few weeks highlight just some of the significant summer stories that seem worth following:
Monday, June 27, 2016
Some recent highlights from Marijuana Law, Policy & Reform
Especially because there is likely to be a lot more marijuana reform news to cover (both in Congress and in the states) in the coming months than statutory sentencing reform news, I am likely this summer to make a habit of weekly reviews of recent postings from my Marijuana Law, Policy & Reform blog. These recent posts highlight these realities:
Sunday, June 19, 2016
Some highlights from Marijuana Law, Policy & Reform . . . for Fathers' Day(?)
I am not sure if it is in any way fitting to be blogging about marijuana reform topics on Fathers' Day, but polls do pretty consistently show that men are generally more supportive of reform than women. That reality aside, this review of some recent postings from my Marijuana Law, Policy & Reform blog highlights that fathers and mothers, sons and daughters all ought to be paying attention to this dynamic arena of law and policy:
Tuesday, June 07, 2016
Minnesota survey suggests marijuana reform can help with opioid issues ... and other recent highlights from Marijuana Law, Policy & Reform
Anyone interested and concerned about the so-called "war on drugs" or the relationship between criminal justice reform and public health has to be concerned these days with the national opioid problems. And one of many reasons I am a supporter of state experiements with various forms of marijuana reform is my hope that such reforms might be one of many ways to try to address opioid problems. Consequently, I was very intrigued to see the details of a lengthy report on a survey done by the Minnesota Department of Health (here in full) showing that a number of health care practitioners reported that some medical patients were able to decrease their use of prescription opioids. I report on this report in the first of the links below providing recent highlights from my Marijuana Law, Policy & Reform blog:
Friday, May 27, 2016
Ohio legislature passes medical marijuana reform and other highlights from Marijuana Law, Policy & Reform
Among this past week's reform highlights from Marijuana Law, Policy & Reform is the big local news for me as the Ohio General Assembly finally finalized a medical marijuana bill to send to Gov John Kasich. But, as these links reveal, there were notable stories emerging from other jurisdictions as well:
Wednesday, May 25, 2016
"Many serving sentences for marijuana offenses deserve clemency"
The title of this post is the headline of this recent San Francisco Chronicle commentary authored by Alex Contreras, a former federal inmate serving a 40-year sentence for drug and gun charges who received clemency from President Obama in December 2015. Here is the text:
More than 10,000 clemency applicants wake up every day in a federal prison, awaiting an answer from President Obama on whether their lengthy prison sentence will come to an end. Most of them will be crushed when they are eventually denied. There are a few, however, who will realize the unlikely and overwhelming joy of finally being released. I was one of those rare few whose name was on the list of Obama’s recent clemency grants. And while I was excited to finally be going home — and extremely grateful to the president — I was also perplexed by those who weren’t on the list.
In speaking about criminal justice reform, Obama has highlighted the injustice of incarcerating marijuana offenders for “long stretches,” and has described marijuana as being “less harmful than alcohol” and a “vice,” not unlike cigarette smoking. He also instructed his Justice Department to not prosecute medical or recreational marijuana sellers who are operating under state law. But his pool of clemency recipients does not reflect these views.
Out of the 306 clemency grants, less than 3 percent were marijuana offenders, and not one of them was a medical marijuana provider, despite being the most deserving given that they were following state law and the Obama administration is no longer prosecuting them. Some of them are even serving decades in prison.
One such inmate is Ricardo Montes, a Latino serving a harsh mandatory 20-year sentence for operating a medical marijuana dispensary in Modesto under California law. Montes and his co-defendant received the longest sentences ever doled out to any medical marijuana provider, because — during the aggressive George W. Bush administration — they were charged under a fearsome mandatory minimum statue designed for drug kingpins and dangerous cartels.
Individuals like Montes are even more deserving of clemency than I was. Yet I fear that men such as Montes will be left to serve the remainder of their lengthy prison terms, while others reap the rewards of the change in the legal landscape of our nation’s marijuana policies. I hope that Obama’s remaining clemency grants will reflect his sensible views regarding marijuana, ensuring that our criminal justice system “keeps its basic promise of equal treatment for all.”
Friday, May 20, 2016
Reviewing another notable week at Marijuana Law, Policy & Reform
Regular readers know that I will sometime close out my work-week blogging here by reviewing recent blogging at Marijuana Law, Policy & Reform. This week will be another one of those times:
Friday, May 13, 2016
Reviewing a notable week at Marijuana Law, Policy & Reform
Regular readers know they should be regularly checking out my blogging at Marijuana Law, Policy and Reform for updates on marijuana reform stories. This past week, like most these days, included a number of notable developments highlighted in these posts:
Thursday, May 05, 2016
Lots of new and notable recent state marijuana reform developments
Regular readers know they should be regularly checking out my (not-so) regular postings at my other active blog Marijuana Law, Policy and Reform for updates on marijuana reform stories. This week there have been particularly notable reform developments in notable states from coast to coast that I thought merited highlighting here:
Even for those folks only interested in marijuana reform as a small piece of broader criminal justice reform policies and politics, I think developments in big state California and swing state Ohio are especially important to watch. In particular, if there were to be big marijuana reform wins at the ballot in November (e.g., if voters were to approve reforms by 60% or more) in both states --- and also, say, in at least one other big swing state like Arizona or Florida --- I think it would thereafter prove close to impossible for the next President not to make some kind of federal marijuana reform a priority in 2017.
Saturday, April 23, 2016
Reviewing the week that was at Marijuana Law, Policy and Reform
Regular readers are familiar with my periodic collecting of posts from my Marijuana Law, Policy and Reform blog, and lots of recent content on that site are collections of materials put together by terrific students in my Ohio State College of Law seminar. Sadly, this seminar wrapped up this week, so this will be the last collection of MLP&R links that include student-generated postings:
Monday, April 18, 2016
Colorado Department of Public Safety releases "Marijuana Legalization in Colorado: Early Findings"
This new Denver Post piece, headlined "Fewer Coloradans seek treatment for pot use, but heavier use seen," reports on this notable new official state government report from Colorado (which I believe was just released today, but bears a cover date of March 2016). Here is a basic summary via the Denver Post piece:
Colorado's treatment centers have seen a trend toward heavier marijuana use among patients in the years after the state legalized the drug, according to a new report from the Colorado Department of Public Safety. The 143-page report released Monday is the state's first comprehensive attempt at measuring and tracking the consequences of legalization.
In 2014, more than a third of patients in treatment reported near-daily use of marijuana, according to the report. In 2007, less than a quarter of patients reported such frequency of use. Overall, though, the number of people seeking treatment for marijuana has dropped since Colorado voters made it legal to use and possess small amounts of marijuana. The decrease is likely due to fewer people being court ordered to undergo treatment as part of a conviction for a marijuana-related crime.
The finding is among a growing body of evidence that marijuana legalization has led to a shift in use patterns for at least some marijuana consumers. And that is just one insight from the new report, which looks at everything from tax revenue to impacts on public health to effects on youth. Among its findings is a steady increase in marijuana use in Colorado since 2006, well before the late-2000s boom in medical marijuana dispensaries. The report documents a sharp rise in emergency room visits related to marijuana. It notes a dramatic decline in arrests or citations for marijuana-related crimes, though there remains a racial disparity in arrest rates.
But the report, which was written by statistical analyst Jack Reed, also isn't meant as a final statement on legalization's impact. Because Colorado's data-tracking efforts have been so haphazard in the past, the report is more of a starting point. "[I]t is too early to draw any conclusions about the potential effects of marijuana legalization or commercialization on public safety, public health, or youth outcomes," Reed writes, "and this may always be difficult due to the lack of historical data."
It's not just the lack of data from past years that complicates the report. Reed also notes that legalization may have changed people's willingness to admit to marijuana use — leading to what appear to be jumps in use or hospital visits that are really just increases in truth-telling. State and local agencies are also still struggling to standardize their marijuana data-collection systems. For instance, Reed's original report noted an explosive increase in marijuana arrests and citations in Denver, up 404 percent from 2012 to 2014. That increase, however, was due to inconsistent data reporting by Denver in the official numbers given to the state.
Intriguingly, though this lengthy report comes from the Colorado Department of Public Safety, not very much of the report discusses general crimes rates at much length. But what is reported in this report is generally encouraging:
Colorado’s property crime rate decreased 3%, from 2,580 (per 100,000 population) in 2009 to 2,503 in 2014.
Colorado’s violent crime rate decreased 6%, from 327 (per 100,000 population) in 2009 to 306 in 2014.
Cross-posted at Marijuana, Law, Policy & Reform
Sunday, April 17, 2016
Would Congress be wise to pursue sentencing reform through DOJ spending limitations?
The question in the title of this post is prompted by this recent Reason piece by Jacob Sullum headlined "DOJ Accepts Decision Saying It May Not Target State-Legal Medical Marijuana Suppliers: The feds had argued that a spending rider left them free to shut down dispensaries." Here are the details:
The Justice Department has abandoned its appeal of a ruling that said federal prosecutors are breaking the law when they target medical marijuana providers who comply with state law. U.S. District Judge Charles Breyer issued that ruling last October, when he said enforcing an injunction against a state-legal dispensary would violate a spending rider that prohibits the DOJ from interfering with state laws allowing medical use of marijuana. The Justice Department initially asked the U.S. Court of Appeals for the 9th Circuit to overturn Breyer's decision but later changed its mind, and on Tuesday the court granted its request to withdraw the appeal.
That decision leaves in place Breyer's ruling, which involved the Marin Alliance for Medical Marijuana (MAMM), without establishing a circuit-wide precedent. Presumably the DOJ worried that the 9th Circuit would agree with Breyer's reading of the Rohrabacher-Farr amendment, which says the department may not use appropriated funds to "prevent" states from "implementing" their medical marijuana laws. The DOJ argues that prosecuting medical marijuana suppliers, seizing their property, and shutting them down does not prevent implementation of laws authorizing them. Breyer said that interpretation "defies language and logic."
The rider that Breyer considered expired last year, but the same language was included in the omnibus spending bill for the current fiscal year. If Congress continues to renew the amendment and other courts agree with Breyer's understanding of it, medical marijuana growers and suppliers who comply with state law will have less reason to worry about raids, arrests, and forfeiture actions, although uncertainty will remain in states where the rules for dispensaries are unclear. For the time being, that remains true in California, although state regulations aimed at clarifying the situation are scheduled to take effect in 2018.
In other words, now that DOJ has (sort-of) accepted a broad reading of the Rohrabacher-Farr amendment, this DOJ spending limitation has (sort-of) achieved indirectly what Congress has been unwilling or unable to do directly, namely authorize states and individuals to move forward with a responsible medical marijuana program without persistent concerns that DOJ may raid and prosecute participants. Of course, this spending limitation can and will expire if not consistently renewed by Congress. But still, as this Sullum piece highlights, even a short-term spending limit can end up having some real bite.
In light of this intriguing "spending limit" back-door form of congressional marijuana reform, I am now wondering if this approach should be pursued sentencing reformers/advocates growing frustrated Congress has not yet been able to pass a significant statutory sentencing reform bill. Though some clever drafting might be needed, I could imagine a provision in a federal budget bill that prohibited the Department of Justice from, say, expending any funds to prosecute a non-violent drug offender using statutes that carry any mandatory minimum sentencing term or expending any funds to continue to imprison anyone whose prison sentence would have been completed had the Fair Sentencing Act been made retroactive.
My suggestion here might ultimately be more of a Swiftian "modest proposal" than a real suggestion for how real work can get done on sentencing reform in Congress. Nevertheless, as the prospect of major federal statutory sentencing reform semes to grow ever darker with each passing week, I am ever eager to consider and suggest whatever it might take to turn the enduring bipartisan sentencing reform talk into some consequential legislative action.
Saturday, April 16, 2016
"The history of drug criminalization in America is a history of social panics rooted in racism and xenophobia"
The title of this post is the subheadline of this new Salon comentary carrying the primary headline "The real reason cocaine, heroin and marijuana are illegal has nothing to do with addiction." Here is how the lengthy piece gets started:
Looking out at the trail of devastation and death that the heroin epidemic has left in its wake, it’s hard to imagine that not long ago one could purchase the drug from a Sears catalogue. Heroin was created by German chemists during the late 1890s and marketed through Bayer, the company best known for selling aspirin. For decades, suburban housewives could peruse pages of flashy advertisements for Bayer Heroin, the cure for sore throats, coughs, headaches, diarrhea, stress and menopause. In fact, until recently the percentage of Americans using opium-derived medicine was higher at the turn of the 20th century than at any other time in history.
The majority of illicit drugs we see today were once legal, popular and used for medicinal purposes. Cocaine made its debut in toothache drops marketed to children. Cannabis was recognized for its ability to relieve pain and nausea long before it became associated with youthful vagrancy.
As the world grapples with the fallout from the War on Drugs — and heads towards UNGASS 2016, a possible opportunity to put things right — it’s important to know the history of these drugs and their journey from medicine to menace. We didn’t suddenly discover that they were far more addictive or dangerous than other medicines. In fact, the reasons that drugs like heroin, cocaine, marijuana and others are illegal today have far more to do with economics and cultural prejudice than with addiction.
Heroin was the first to fall from pharmaceutical darling to a demonized, black-market street drug. Long used as a cure for aches and pains, it wasn’t until Chinese immigrants came to the United States to work on the railroads and mines that opium-based products such as heroin were perceived as dangerous. American settlers were not happy with the Chinese arrivals, who brought with them a cultural tradition of smoking opium for relaxation in the evenings. The settlers accused the Chinese of “taking our jobs,” and economic resentment morphed into rumors of Chinese men luring white women into opium dens and getting them addicted. Rumors turned to fear, which turned to hysteria, which politicians seized upon. In 1875 California passed the first anti-opium law, enforced by raids on Chinese opium dens. Other states soon followed. The first federal law regulating heroin was the Harrison Act of 1914, which eventually led to its criminalization.
Cocaine was criminalized for similar reasons, only this time the backlash was directed against black Americans. After the Civil War, economic resentment simmered over the freed slaves gaining a foothold in the economy. White Southerners grumbled about black men “forgetting their place,” and fears spread about a drug some of them smoked, which was rumored to incite them to violence. In the early 1900s New Orleans became the first city to slap down laws against cocaine use and the trend quickly spread, dovetailing with efforts in Latin America to criminalize the coca leaf, an ingredient in cocaine, which was used for religious purposes among indigenous populations.
Marijuana was next in the firing line. During the 1920s, tensions sprang up in the South over the influx of Mexican immigrants who worked for low wages. By the 1930s, the Great Depression had bred panic among people desperate for work and they directed their angst towards immigrants. The media began propagating stories about Mexicans and their mysterious drug, marijuana. The first national law criminalizing marijuana, the Marihuana Tax Act of 1937, passed thanks to a strong push from Harry Anslinger, head of the Federal Bureau of Narcotics, who referred to marijuana as “the most violence-causing drug in the history of mankind.”
While such claims of marijuana inducing violence may sound ridiculous to those of us who know marijuana as a drug that does precisely the opposite, it goes to show that the criminalization of drugs has little to do with relative risk or danger. Instead, the main impetus for criminalization is fear over certain groups seen as an economic or cultural threat to established America. Recognizing this fact does not mean ignoring or minimizing the very real harm that drugs can cause.
Most illicit drugs carry risks and serious potential for problematic use. But so does glue. So do gasoline, cough syrup, shoe polish, paint thinner, nail polish remover, cleaning fluids, spray paint, whipped cream cans, vanilla extract, mouthwash, nutmeg, prescription pills and countless other household items that are not only addictive, but potentially fatal if misused.
Friday, April 15, 2016
More praise of my Ohio State students (and Ohio legislators and others) for research on marijuana law, policy and reform
Regular readers are familiar with my periodic collecting of posts from my Marijuana Law, Policy and Reform blog. And, as highlighted in this prior post, a lot of recent content on that site involve ideas and collections of materials put together by terrific student in my Ohio State College of Law seminar as they gear up for class presentations on an array of fascinating marijuana law and policy and reform topics. In addition, just as my class is starting to wind down, it seems that the debate over medical marijuana reform is really heating up in Ohio and elsewhere. This collection of links to recent posts at MLP&P reflect these realities:
Thursday, April 14, 2016
Two timely stories of marijuana reform not yet helping those serving "Outrageous Sentences For Marijuana"
From two very different media sources today, I see two very notable stories of defendants convicted of marijuana-related offenses serving extreme sentences for a type of behavior that is now "legal" at the state level in some form throughout much of the United States.
First, the New York Times has this new editorial headlined "Outrageous Sentences for Marijuana," which starts this way:
Lee Carroll Brooker, a 75-year-old disabled veteran suffering from chronic pain, was arrested in July 2011 for growing three dozen marijuana plants for his own medicinal use behind his son’s house in Dothan, Ala., where he lived. For this crime, Mr. Brooker was given a life sentence with no possibility of release.
Alabama law mandates that anyone with certain prior felony convictions be sentenced to life without parole for possessing more than 1 kilogram, or 2.2 pounds, of marijuana, regardless of intent to sell. Mr. Brooker had been convicted of armed robberies in Florida two decades earlier, for which he served 10 years. The marijuana plants collected at his son’s house — including unusable parts like vines and stalks — weighed 2.8 pounds.
At his sentencing, the trial judge told Mr. Brooker that if he “could sentence you to a term that is less than life without parole, I would.” Last year, Roy Moore, chief justice of the Alabama Supreme Court, called Mr. Brooker’s sentence “excessive and unjustified,” and said it revealed “grave flaws” in the state’s sentencing laws, but the court still upheld the punishment.
On Friday, the United States Supreme Court will consider whether to hear Mr. Brooker’s challenge to his sentence, which he argues violates the Eighth Amendment’s ban on cruel and unusual punishments. The justices should take the case and overturn this sentence.
Second, AlterNet has this new piece with this lengthy headline, "As Marijuana Goes Mainstream, California Pioneers Rot in Federal Prison: Luke Scarmazzo and Ricardo Montes opened a dispensary in Modesto. Now they're doing 20 years in federal prison. Their families want them home. " Here is how it starts:
Behind the headlines about President Obama’s historic visit to federal prisons and highly publicized releases of non-violent drug offenders, the numbers tell a different story. Despite encouraging and receiving more clemency petitions than any president in U.S. history — more than the last two administrations combined, nearly 20,000 — very few federal prisoners are actually being granted clemency.
Nowhere is this irony more glaring than in the world of legal cannabis. Cannabis is now considered the fastest-growing industry in the nation, yet remains federally illegal. The sea change from the Department of Justice since 2009 has allowed state-legal cannabis industries to thrive. Federal solutions seem to be around the corner and for the first time cannabis businesses are being publicly traded and receiving legal Wall Street investment.
Ricardo Montes and Luke Scarmazzo are two of the 20,000 federal prisoners appealing to President Obama for clemency. They have exhausted their appeals and are serving 20-year mandatory minimum sentences for openly running a dispensary in the early days of California’s pioneering medical cannabis law. The irony isn’t lost on them that their crimes are now legal and profitable, but their appeals for clemency aren’t based on justice anymore — they just want to be home with their kids. Their daughters, Jasmine Scarmazzo, 13, and Nina Montes, 10, are appealing directly to President Obama to release their fathers via a Change.org petition.
Given that the Supreme Court has often stated and held that the Eighth Amendment's "scope is not static," but "must draw its meaning from the evolving standards of decency that mark the progress of a maturing society,” Trop v. Dulles, 356 U.S. 86, 101 (1958), I think both these cases should be pretty easy constitutional calls if courts and/or executive branch officials took very seriously a commitment to updating and enforcing Eighth Amendment limits on lengthy prison terms in light of the obviously "evolving standards of decency" concerning medical use of marijuana throughout the United States and the world. But, while hoping for some judicial or executive action in this arena, I am not holding my breath that any of these medical marijuana offenders will be free from incarceration anytime soon.
April 14, 2016 in Drug Offense Sentencing, Marijuana Legalization in the States, Offense Characteristics, Pot Prohibition Issues, Scope of Imprisonment, Sentences Reconsidered | Permalink | Comments (1)
Wednesday, April 13, 2016
Restrictive medical marijuana reforms proposed by Ohio legislature in shadow of broader initiative effort
As a bellwether state with a long history of picking White House winners, I often feel very lucky to be in Ohio in big election years to observe how local, state and national politics surrounding various criminal justice issues play out in the Buckeye State. But this year, given my particular interest in marijuana reform, law and policy and the coming (brokered?) GOP convention in Cleveland, my Buckeye political and policy cup is already running over.
I bring all this up today because, as detailed in this new local article, "Ohio state lawmakers release plan to legalize medical marijuana," local GOP legislative leaders in Ohio are now actively peddling an important (but restrictive) medical marijuana reform proposal at the same time the national Marijuana Policy Project is gathering signatures and building a campaign for (much broader) medical marijuana reform in the form of a November 2016 voter initiative to amend the Ohio Constitution. Here are the basics and latest in these dynamic ongoing Buckeye marijuana reform developments:
Ohio state lawmakers released plans today to legalize marijuana for medical use. The bill being considered would allow doctors to write notes for marijuana for medical use. It would still allow for drugfree workplaces.
People who use medical marijuana, could still be fired from their job, according to the bill. The bill will not allow for home growing of marijuana.
Doctors would be required to periodically report to the state why they are prescribing marijuana instead of other drugs. Anyone taking medical marijuana under the age of 18 would require parental consent.
Ohio lawmakers are also asking the federal government to change marijuana from a Schedule 1 drug to a Schedule 2 drug. Hearing will start soon on the legislation and there could be as many as two hearings a week. No word yet on where Gov. John Kasich stands on the legislation.
The move comes as groups start collecting signatures to put an issue on the ballot before voters in November.... [and] polls show that legalizing marijuana just for medical use is popular across the state....
Ohioans for Medical Marijuana, which is backed by a national group, expects to spend $900,000 collecting 306,000 valid voter signatures to qualify for the November ballot.
Cross-posted at Marijuana Law, Policy and Reform (where in coming days I will do some anaylsis of the Ohio bill and reactions thereto).
Thursday, April 07, 2016
In praise of my Ohio State students and their research on marijuana law, policy and reform
Regular readers are familiar with my periodic collecting of posts from my Marijuana Law, Policy and Reform blog. Today, however, I have the pleasure of collecting and praising the posts which have been done in recent weeks by my Ohio State College of Law seminar students in that space as they make class presentations on an array of fascinating topics:
Monday, April 04, 2016
Senators Grassley and Feinstein convening hearing on whether DOJ is "Adequately Protecting the Public" from state marijuana reforms
This recent press release from US Senate's Caucus on International Narcotics Control details that this caucus has a hearing scheduled to explore how the federal government is keeping an eye on state-level marijuana reforms. (Exactly what this has to do with international control is unclear, but big-government drug warriors on both sides of the political aisle like Senators Grassley and Feinstein have never really been too keen to worry about limiting government growth in this arena.) Here are the basic details on what is prompting this hearing:
Sen. Chuck Grassley, Chairman of the Judiciary Committee and the Caucus on International Narcotics Control, and Sen. Dianne Feinstein, Co-chairman of the Caucus on International Narcotics Control, will hold a hearing entitled, “Is the Department of Justice Adequately Protecting the Public from the Impact of State Recreational Marijuana Legalization?”
In August 2013, the Obama Administration decided to effectively suspend enforcement of federal law on marijuana in states that legalized it for recreational use. But to disguise its policy as prosecutorial discretion, the Administration also announced federal priorities that it claimed would guide its enforcement going forward. These priorities include preventing marijuana from being distributed to minors, stopping the diversion of marijuana into states that haven’t legalized it, and preventing adverse public health effects from marijuana use. At the time, the Justice Department warned that if state efforts weren’t enough to protect the public, then the federal government might step up its enforcement or even challenge the state laws themselves. This put the responsibility on the Department of Justice to monitor developments in these states, develop metrics to evaluate the effectiveness of its policy, and change course if developments warranted.
But a report from the Government Accountability Office that Grassley and Feinstein requested found that the Administration doesn’t have a documented plan to monitor the effects of state legalization on any of these priorities. Moreover, according to the report, officials at the Department could not even say how they make use of any information they receive related to these priorities. Grassley and Feinstein are convening this hearing to explore this problem.
What I find most notable and disconcerting about this hearing is that it claims to be exploring whether the big federal government bureaucrats inside the Beltway at DOJ who are very far removed from direct public accountability are "protecting the public" from state reforms in Alaska and Colorado and Oregon and Washington which were enacted directly by the public through voter initiatives.
Cross posted at Marijuana Law, Policy and Reform.
Wednesday, March 23, 2016
Lots of food for marijuana reform thought via Marijuana Law, Policy and Reform
The biggest news this week in the marijuana reform space was the "dog-not-barking" decision by the Supreme Court to deny the "motion for leave to file a bill of complaint" brought by Nebraska and Oklahoma against Colorado for its recreational reforms (basics here). But, as highlighted by students in my semester-long OSU Moritz College of Law seminar on marijuana laws and reform via readings assembled for in-class presentations, there are lots of other topics for marijuana reformers (and their opponents) to be concerned with these days.
Here is a round up of just some of the many interesting reform-related stories flagged recently over at Marijuana Law, Policy & Reform:
Monday, March 21, 2016
SCOTUS rejects original lawsuit brought by Nebraska and Oklahoma against Colorado over marijuana reform
Legal gurus closely following state-level marijuana reforms have been also closely following the lawsuit brought directly to the Supreme Court way back in December 2014 by Nebraska and Oklahoma complaining about how Colorado reformed its state marijuana laws. Today, via this order list, the Supreme Court finally officially denied the "motion for leave to file a bill of complaint" by Nebraska and Oklahoma against Colorado. This is huge news for state marijuana reform efforts, but not really all that surprising. (It would have been bigger news and surprising if the motion was granted.)
Notably, Justice Thomas authored an extended dissent to this denial, which was joined by Justice Alito. Here is how this dissent stats and ends:
Federal law does not, on its face, give this Court discretion to decline to decide cases within its original jurisdiction. Yet the Court has long exercised such discretion, and does so again today in denying, without explanation, Nebraska and Oklahoma’s motion for leave to file a complaint against Colorado. I would not dispose of the complaint so hastily. Because our discretionary approach to exercising our original jurisdiction is questionable, and because the plaintiff States have made a reasonable case that this dispute falls within our original and exclusive jurisdiction, I would grant the plaintiff States leave to file their complaint....
Federal law generally prohibits the manufacture, distribution, dispensing, and possession of marijuana. See Controlled Substances Act (CSA), 84 Stat. 1242, as amended, 21 U. S. C. §§812(c), Schedule I(c)(10), 841–846 (2012 ed. and Supp. II). Emphasizing the breadth of the CSA, this Court has stated that the statute establishes “a comprehensive regime to combat the international and interstate traffic in illicit drugs.” Gonzales v. Raich, 545 U.S. 1, 12 (2005). Despite the CSA’s broad prohibitions, in 2012 the State of Colorado adopted Amendment 64, which amends the State Constitution to legalize, regulate, and facilitate the recreational use of marijuana. See Colo. Const., Art. XVIII, §16. Amendment 64 exempts from Colorado’s criminal prohibitions certain uses of marijuana. §§16(3)(a), (c), (d); see Colo. Rev. Stat. §18–18–433 (2015). Amendment 64 directs the Colorado Department of Revenue to promulgate licensing procedures for marijuana establishments. Art. XVIII, §16(5)(a). And the amendment requires the Colorado General Assembly to enact an excise tax for sales of marijuana from cultivation facilities to manufacturing facilities and retail stores. §16(5)(d).
In December 2014, Nebraska and Oklahoma filed in this Court a motion seeking leave to file a complaint against Colorado. The plaintiff States — which share borders with Colorado — allege that Amendment 64 affirmatively facilitates the violation and frustration of federal drug laws. See Complaint ¶¶54–65. They claim that Amendment 64 has “increased trafficking and transportation of Coloradosourced marijuana” into their territories, requiring them to expend significant “law enforcement, judicial system, and penal system resources” to combat the increased trafficking and transportation of marijuana. Id., ¶58; Brief [for Nebraska and Oklahoma] in Support of Motion for Leave to File Complaint 11–16. The plaintiff States seek a declaratory judgment that the CSA pre-empts certain of Amendment 64’s licensing, regulation, and taxation provisions and an injunction barring their implementation. Complaint 28–29.
The complaint, on its face, presents a “controvers[y] between two or more States” that this Court alone has authority to adjudicate. 28 U. S. C. §1251(a). The plaintiff States have alleged significant harms to their sovereign interests caused by another State. Whatever the merit of the plaintiff States’ claims, we should let this complaint proceed further rather than denying leave without so much as a word of explanation.
Cross-posted at Marijuana Law, Policy & Reform.
Thursday, March 10, 2016
"Make No Mistake: Hillary Clinton is a Drug Warrior"
The title of this post is the headline of this notable commentary authored by Romain Bonilla that I just came across on the Marijuana Politics website. Here are excerpts:
Hillary Clinton’s record on the War on Drugs sets her apart from other the other candidates — and not in a good way. From her criminal justice agenda as First Lady to her foreign policies as Secretary of State, Hillary Clinton has proven herself to be one of the greatest drug warriors of our generation. At a time when two-thirds of Americans support ending the War on Drugs, it’s crucial for her record on the issue to be brought to light.
Over the course of Bill Clinton’s presidency, Hillary Clinton publicly supported tough-on-crime criminal justice reforms that escalated and emboldened the War on Drugs. As First Lady, Hillary Clinton pushed for the largest crime bill in the history of the United States: the Violent Crime Control and Law Enforcement Act. This 1994 crime bill called for 100,000 more police officers, provided billions of dollars of funding to prison construction, and ramped up the use of mandatory minimum sentences. This law became a signature accomplishment of Bill Clinton’s presidency....
Hillary Clinton’s involvement with the War on Drugs didn’t stop there. As Secretary of State, Clinton waged the War on Drugs abroad. Under Hillary Clinton’s leadership, the State Department fueled the Mexican Drug War by funding efforts to combat drug trafficking. Through its Mérida Initiative, Clinton’s State Department hired American defense contractors to take part in the conflict and sold billions worth of weapons to Mexico — leading it to become one of the world’s top purchasers of U.S. military arms and equipment. Over the course of Hillary Clinton’s tenure as Secretary of State, the Mexican Drug War spiraled into chaos, killing over 160,000 people and displacing millions of others.
Worse still: As Clinton’s State Department gave billions in drug war aid to Mexico, it turned a blind eye to the widespread human rights abuses perpetrated by the country’s government. Even as the United Nations acknowledged that Mexican authorities were involved in kidnappings and disappearances, Clinton’s State Department continued to support the offensive.
Now aiming for the presidency, in the Democratic race against Bernie Sanders, Hillary Clinton describes herself as a progressive leader who will end mass incarceration. As she campaigns for the Democratic nomination, Clinton appears to have “evolved” on issues of drug policy, and gives lip-service to some of the things drug policy reformers have been saying for years. In a January debate, for instance, she stressed the importance of treating addiction as a health issue rather than a crime, hinting at an understanding of the failures of the drug war.
While Hillary Clinton is willing to speak vaguely against the War on Drugs, she refuses to embrace meaningful reforms to current drug policies. While most Americans agree that marijuana should be legal, Clinton supports rescheduling it to Schedule II, the same category as cocaine and methamphetamine. This proposal would do little to end the War on Drugs, but would facilitate research on medical marijuana and allow pharmaceutical companies to sell cannabinoid drugs.
Hillary Clinton’s drug policies are completely in line with those of the wealthy special interests that fund her campaign, like the private prison lobby and Big Pharma. Under Clinton’s marijuana policy, users would still be prosecuted for mere possession (as is the case for cocaine and methamphetamine users), but drug companies would get a free pass to profit off of marijuana’s medicinal value.
This position on marijuana policy is certainly not enough to redeem Clinton’s record of tough-on-crime legislation and drug warmongering abroad. Though she didn’t declare it, Hillary Clinton has been a champion of the War on Drugs. Her policies have sacrificed millions of lives to the failed ideal of a drug-free America and her contribution to mass incarceration haunts this nation to this day. Viewed as a whole, Hillary Clinton’s record reveals her to be a staunch drug warrior — and if she won’t push for meaningful reforms now, it’s unlikely she’ll ever get around to it.
Sunday, February 28, 2016
"With Marijuana Legal, Why Are People Still Doing Life For Weed?"
Thie question in the title of this post is the headline of this article from The Kind (as well as a question that really does not have a satsfactory answer). Here are excerpts:
At least 30 people are currently serving life without parole for non-violent marijuana-related offenses. Save extraordinary events, they will die in prison. Overturning a law does not exonerate the people who were convicted of breaking the law when it was in effect. This means that even if marijuana is legalized tomorrow, those serving time for marijuana-related offenses will not be released.
“Most people don’t believe it,” says Beth Curtis, founder of Life for Pot, an organization that spotlights people who are serving life without parole for non-violent marijuana-only offenses.
One person who is scheduled to remain in jail until they die is Curtis’s brother, John Knock. “Twenty years ago I received a phone call informing me that my youngest brother had been indicted for a marijuana conspiracy in Florida,” Curtis explains on her site. “Our lives have never been the same.”...
In 2008 she launched LifeForPot.com, which currently features 30 or so inmates with life or de facto life sentences (e.g., someone who is 50 years old and gets 50 years). Most of Curtis’s advocacy takes place offline, primarily through writing and sending information about individuals to congress, congressmen, and various groups that might take up the cause. “Actually a lot of people have,” she says. “Now when you Google ‘life for pot’, lots of stuff comes up. When I first started, it was just my site.”...
Without retroactive legislation, inmates serving life without parole for weed can only be released through clemency, in the form of a pardon or sentence commutation from the president (on the federal level) or from the governor (on the state level). (Group pardons are rare, but not entirely unprecedented.)
Out of the 95 sentence commutations granted by President Barrack Obama in December, two were serving life for marijuana-related crimes: Billy Dekel and Charles Cundiff.
Beth Curtis says she’s been advocating for both of them for years and plans to visit them once they’re out. Another inmate on Curtis’s radar, Larry Duke, was freed last March under a compassionate release program for inmates over 65. While Curtis was elated by the three inmates’ release, she notes that Obama would need to seriously ramp up the number of commutations to make a meaningful dent in the population.
“These people need clemency to get any relief,” she says. “And for the old guys, it’s kind of important that it happens pretty soon. Their runway is a lot shorter. Not that the younger people shouldn’t be released also, but dying in prison is a particularly horrendous thought. “Obama said that through clemency there would be thousands released,” Curtis adds. “I hope that that’s true. I hope and pray that that’s true.”
Cross-posted at Marijuana Law, Policy and Reform
Wednesday, February 24, 2016
What does (closet libertarian?) GOP front-runner Donald Trump now really think about the drug war and criminal justice reform and Prez clemency?
Based on his personal and professional history, as well as a number of his prior positions on a range of social and economic issues, I have long assumed the essential political views and commitments of Donald Trump to be what might be called "pragmatic libertarianism." I say that in part because most successful private businessmen in the United States, in addition to being generally pragmatic, tend to have at least some hint of a libertarian streak on at least some issues (e.g., think of the Koch brothers or Peter Lewis). More to the point, as I have flagged in prior posts here and on my marijuana reform blog, Donald Trump once embraced the libertarian view that full legalization would be the only way to "win" the drug war.
But, of course, Donald Trump the Presidential candidate has sounded far more authoritarian than libertarian on the campaign trail, especially with respect to domestic issues. He conveniently says that he has now changed his mind about abortion and thus now is pro-life rather than pro-choice. He also has expressed in vaious ways disaffinity for marijuana legalization (though his position seems to get more and more nuanced as time goes on, as highlighted in posts here and here from my marijuana reform blog). Then again, to the extent a single idea summarizes Trump's modern politics, it would seem to be "anti-establishment"; I think it is accurate to describe The Establishment, on both the left and the right, to be quite statist and generally anti-libertarian.
I say all this not to claim that Donald Trump is the most libertarian candidate still with a serious chance to become President (although this might be true). Rather, I say it in order to try to figure out whether, when and how the candidate now seemingly most likely to represent the GOP on the national stage for the bulk of 2016 will articulate his latest thinking about federal criminal justice issues ranging from statutory sentencing reform of mandatory minimum sentences for drug offenders to federal responses to state marijuana legalization to the robust use of federal clemency powers.
Obviously, how the last five or six US presidents have approached these federal criminal justice issues, both politically and practically, has had a huge impact on the nature and reach of our nation's federal and state criminal justice systems. Before I can even figure out whether I should be terrified by the prospect of a President Trump, I really am eager to hear more about his current thoughts on these important criminal justice fronts. Critically, not only would Trump's discussion now of these issues help me better understand long-term what would a President Trump might actually do, I think they could have a big short-term impact on the work of the current Congress and the current President (and even the current Supreme Court) in these areas.
With apologies for my (silly?) Prez Trump musings in the wake of his latest "yuge" win in Nevada, I am eager to hear lots of thought from lots on readers on this political and legal front.
Thursday, February 11, 2016
Some marijuana reform developments (with seasonal politics) via Marijuana Law, Policy and Reform
It has been a few weeks since I highlighted here developments in the marijuana reform space, and recent posts from Marijuana Law, Policy & Reform highlight just some of the reasons why the on-going 2016 election (and the football season just completed) provide a number of marijuana reform angles and stories worth keeping an eye on:
Saturday, January 30, 2016
You be the state sentencing judge: how much prison time for former state official guilty of (small-time?) marijuana dealing
The question in the title of this post is prompted by this local story from Michigan, headlined "Ex-state Rep. Roy Schmidt pleads, sold marijuana as 'source of income,' judge says." Here are the basics (with my emphasis added):
Former state Rep. Roy Schdmidt pleaded no contest Thursday, Jan. 28, to manufacture of marijuana. Schmidt initially fought charges as a registered medical marijuana caregiver and disputed the amount of marijuana he possessed.
But a police report, read by Grand Rapids District Judge Michael Distel to establish a basis for Schmidt's guilt, said he told police that he sold marijuana to 10 to 15 people who were not his registered medical marijuana patients. He told police that "he was operating his business as a source of income," Distel said.
Schmidt was charged last year with manufacture or delivery of marijuana after police raided his home on Seventh Street NW and a house he rented from his son on Myrtle Avenue NW. Police said Schmidt possessed nearly three pounds of marijuana and 71 marijuana plants. Caregivers are allowed to possess 2.5 ounces of usable marijuana for each of up to five patients. Schmidt has maintained that his drying marijuana was not considered usable.
He faces up to four years in prison when sentenced on March 22 in Kent County Circuit Court.... Under the plea, Schmidt admits no guilt but the plea is treated as such at sentencing. He was allowed to plead no contest because he could face civil forfeiture proceedings related to his marijuana operation.
Schmidt is free on bond. Kent County prosecutors will drop a second charge of manufacturing marijuana.
His arrest followed an ill-fated scheme to switch parties while he served in the House of Representatives. After being elected as a Democrat in 2008, he lost his seat four years later after a controversial switch to the Republican Party. He had spent 16 years on a Grand Rapids City Commission on the West Side of town.
This case raises more than a few interesting classic "offender-based" sentencing issues: e.g., (1) should Schmidt's history as a relatively prominent politician be viewed as an aggravating sentencing factor (because it makes him more culpable as someone who was involved in making the state laws he broke) or as a possible mitigating sentencing factor (because he would seem like the type of person unlikely to be a serious recidivist); (2) should the prospect of Schmidt losing his home and/or his son's home through civil forfeiture proceedings significantly influence what criminal sentence he receives?
But, what really captured my attention in this case (and prompted my cross-posting over at my Marijuana Law, Policy & Reform blog) is the different ways this defendant's offense might be viewed by a sentencing judge. His lawyers could perhaps claim, given the legalization of medical marijuana in Michigan, that Schmidt's crime is essentially a regulatory violation comparable to a liquor store owner who sold a dozen or so times to underage college students. But prosecutors likely will assert that Schmidt should be viewed and sentenced like any other greedy drug dealer.
Thoughts, dear readers?
Sunday, January 24, 2016
Lots of notable new year marijuana reform developments via Marijuana Law, Policy and Reform
It has been some time since I highlighted here developments in the marijuana reform space, and these recent posts from Marijuana Law, Policy & Reform highlight just some of the reasons why 2016 is already full of marijuana reform stories worth keeping an eye on:
Thursday, January 07, 2016
Are there any clear data patterns linking marijuana reforms and broader criminal justice developments?
The somewhat cumbersome question in the title of this post is prompted by the number crunching appearing in this interesting data-focused new piece by Jon Gettman via High Times titled ""Pot Matters: Marijuana in the Larger Context of Criminal Justice Reform." Here are excerpts:
The Bureau of Justice Statistics has recently release their annual data on correctional populations in the United States, comparing the latest data (from 2014) with prior years. This data on people under correctional supervision consists of totals of people incarcerated in either jail or prison, those on probation, or released on parole. This data does not include information on the offenses committed by people under correctional supervision. The big headline is that the total population of people under the watchful eye of the correctional supervision is declining.
In 2014, there were 6,851,000 people in the system, a decline of 52,200 offenders from 2013. The overall rate of 2.8 percent of adults in the United States being under some form of correctional supervision is the lowest since 1996. The correction population has been declining by an annual average of one percent since 2007. The incarcerated population increased slightly (by 1,900) in 2014, and most of the decrease over time has been in the area of community supervision (probation and parole). Reducing the number of marijuana arrests in a jurisdiction is an easy way to reduce the burden on probation officers given that many marijuana possession offenses result in probation....
From 2005 to 2014, the total correctional population in the United States fell by 241,000 from 7,055,600 to 6,814,600. Actually, the federal population increased by 33,500 in this period, but the state population fell by 274,500. However, the correction population increased in 26 states by a total of 283,100. It fell in 24 states and the District of Columbia by 557,300.
So which states are increasing their correctional populations? The biggest increases from 2005 to 2014 were in Georgia (48,000), Pennsylvania (47,500), Kentucky (30,700), Colorado (25,500) and Tennessee (20,600). The other states rounding out the top 10 were Alabama, Mississippi, Virginia, Arizona and Iowa.
The biggest decreases in correctional populations were in California (-160,700), Massachusetts (-101,800), Florida (-49,300), New York (-38,400) and Texas (-34,500). The rest of the top 10 in reduced correctional populations were New Jersey, Illinois, Minnesota, Connecticut and North Carolina.
There is no clear pattern here with respect of state marijuana laws, but there is an interesting trend worth noting. States that rely more on community supervision than incarceration often have reformed their marijuana laws....
Of the 15 jurisdictions with the highest levels of community supervision, in addition to Georgia, seven of them have decriminalized or legalized marijuana (Washington D.C., Minnesota, Ohio, Massachusetts, Washington, Oregon and Maryland). Increasing the list to 16 adds Colorado. Other states in this group of 16 have medical marijuana laws (Rhode Island, Hawaii, New Jersey, Vermont and Michigan).
Marijuana law reform and legalization are sound policies with great merit, but they are also part of a larger issue in the United States, the reform of the criminal justice system in ways that reduce the number of people under correctional supervision. This has always been part of the argument for legalizing cannabis — the justice system should stop wasting resources on marijuana users and divert them to violent offenders.
The recent trends in correctional supervision data present good news and bad news when it comes to the legalization of cannabis. The good news is that many states are receptive to criminal justice reform, particularly ones that have already made a commitment to community supervision as an alternative to incarceration. These states, and states that are reducing their correctional populations, may be the most receptive to ending arrests for marijuana offenses.
The bad news is that other states remain committed to increasing arrests and increasing correctional populations. These states, their criminal justice professionals and their political leaders will present the greatest challenges to the legalization of cannabis throughout the United States.
I would be very eager for readers to point me to any other research or data sets starting to look at whether and how a state's approach to marijuana reform may (or may not) be incfluencing other criminal justice developments in the state. And, of course, anyone just generally interested in marijuana reform ought to be regularly checking out my Marijuana Law, Policy & Reform blog. Here are links to a few recent posts from that locale:
- Should we expect any major federal marijuana reform developments in 2016?
- Two different prespectives on the coming marijuana reform future
- Gearing up for historic 2016 in the arena of marijuana law, policy and reform
- MPP Director provides Top 10 accounting of marijuana reform achievements in 2015
- SAM Prez provides Top 10 accounting of marijuana reform difficulties in 2015
Thursday, December 17, 2015
Justice Department urges SCOTUS to refuse to take up original suit about marijuana brought by neighbor states against Colorado
As discussed here by Rob Mikos over at my Marijuana Law, Policy & Reform blog, late yesterday the US Solicitor General filed an amicus brief in the Supreme Court concerning the suit brought by Nebraska and Oklahoma against Colorado seeking various kinds of legal relief in the wake of Colorado's legalization of recreational marijuana. Rob provides this basic background and summary of the filing:
Per its practice, SCOTUS had requested the SG’s input. The brief can be found via this link. (To provide some background, the SG handles all litigation involving the United States before SCOTUS, and it also commonly files amicus briefs in SCOTUS cases in which the U.S. is not a party. The SG’s positions can be quite influential on the Court.) For earlier postings on this case, see here, here and here.
In a nutshell, the SG argued that SCOTUS should refuse to exercise original jurisdiction over the action. Why? Perhaps most importantly, the SG suggested that the NE / OK suit didn’t fit the mold of cases over which SCOTUS had traditionally exercised original jurisdiction – namely, cases in which one state had directly harmed another. Importantly, the SG argued that CO hadn’t directly injured its neighboring states, e.g., by exporting marijuana or authorizing private citizens to do so. Rather, any injury NE / OK have suffered is more directly traceable to the actions of private parties who buy marijuana in CO and then take it outside the state.
Because it focused on SCOTUS practice, the SG did not need to weigh in on the merits of the underlying action. But I think the argument the SG makes favors CO, if SCOTUS (or another court) ever had to decide the matter. After all, if CO is not directly responsible for the injury to NE / OK’s regulatory interests, it’s hard to see why CO could be held responsible for any injury to federal regulatory interests. In other words, if CO isn’t responsible for people using marijuana in NE / OK, then it arguably isn’t responsible for people using marijuana in CO either.
As the SG itself notes, even if SCOTUS declines original jurisdiction over the suit, NE / OK could still file it in a federal district court. Of course, it would have to overcome some daunting procedural hurdles there as well (e.g. ,standing), as noted in the SG brief.
I am hopeful I will have time in the coming days to closely analyze this SG amicus brief and to post some additional commentary at the Marijuana Law, Policy & Reform blog or here. In the meantime, here is how the Discussion section of the SG's brief gets started:
The motion for leave to file a bill of complaint should be denied because this is not an appropriate case for the exercise of this Court’s original jurisdiction. Entertaining the type of dispute at issue here — essentially that one State’s laws make it more likely that third parties will violate federal and state law in another State — would represent a substantial and unwarranted expansion of this Court’s original jurisdiction.
Wednesday, December 16, 2015
Mixed outcomes for marijuana reform efforts in latest omnibus spending bill from Congress
Though there are a number of federal marijuana reform bills kicking around Congress, it seems very unlikely any of these bills will be moving forward anytime soon. In the meantime, though, marijuana reform issues and proposals keep coming up in debates over government spending bills. And, in the wee hours last night, Congress passed a big new spending bill that included (and failed to include) some notable marijuana reform provisions.
Representative Earl Blumenauer, a supporter of federal marijuana reforms, issued today this press release summarizing what appears and does not appear in the omnibus bill. Here is part of the text of this release:
Representative Blumenauer is pleased to see the inclusion of the following provisions in the omnibus package:
- The policy championed by Representatives Dana Rohrabacher (R-CA) and Sam Farr (D-CA) that prevents the Department of Justice from interfering in the ability of states to implement legal medical marijuana laws (Division B, Title V, Section 542)
- Language that supports industrial hemp research allowed under Section 7606 of the 2014 Farm Bill (Division B, Title V, Section 543 and Division A, Title VII, Section 763)
Representative Blumenauer is disappointed, however, that the bill falls short by not including provisions that:
- Make it easier for banks to do business with state-legal marijuana businesses
- Allow Veterans Health Administration providers to recommend medical marijuana to their patients in accordance with state law, a provision he championed in the House
Representative Blumenauer is also disappointed to see the continuation of a rider that interferes with Washington, DC's ability to pass laws dealing with the sale of marijuana for adult use.
Cross-posted at Marijuana Law, Policy & Reform.
Thursday, November 19, 2015
Lots of interesting marijuana reform developments via Marijuana Law, Policy and Reform
It has been a couple of weeks since I highlighted here nationally and internationally developments in the marijuana reform space, and these recent posts from Marijuana Law, Policy & Reform discusses just some of these developments:
- Advocates for marijuana reform in Vermont highlight economic development
Sunday, November 08, 2015
"How Doctors Helped Drive the Addiction Crisis"
The title of this post is the headline of this extended New York Times op-ed authored by Richard Friedman, which reinforces my long-standing view that drug use/abuse and related social ills are most properly considered and addressed as public health concerns rather than criminal justice issues. Here are excerpts:
There has been an alarming and steady increase in the mortality rate of middle-aged white Americans since 1999, according to a study published last week. This increase — half a percent annually — contrasts starkly with decreasing death rates in all other age and ethnic groups and with middle-aged people in other developed countries.
So what is killing middle-aged white Americans? Much of the excess death is attributable to suicide and drug and alcohol poisonings. Opioid painkillers like OxyContin prescribed by physicians contribute significantly to these drug overdoses.
Thus, it seems that an opioid overdose epidemic is at the heart of this rise in white middle-age mortality.... Driving this opioid epidemic, in large part, is a disturbing change in the attitude within the medical profession about the use of these drugs to treat pain....
[S]tarting in the 1990s, there has been a vast expansion in the longterm use of opioid painkillers to treat chronic nonmalignant medical conditions, like lowback pain, sciatica and various musculoskeletal problems. To no small degree, this change in clinical practice was encouraged through aggressive marketing by drug companies that made new and powerful opioids, like OxyContin, an extendedrelease form of oxycodone that was approved for use in 1995....
The consequences of this epidemic have been staggering. Opioids are reported in 39 percent of all emergency room visits for nonmedical drug use. They are highly addictive and can produce significant depressive and anxiety states. And the annual direct health care costs of opioid users has been estimated to be more than eight times that of nonusers.
But most surprising — and disturbing — of all is that there is actually very weak evidence that opioids are safe or effective for the longterm treatment of nonmalignant pain. So how did they become so popular for these uses? A large review article conducted between 1983 and 2012 found that only 25 of these were randomized controlled trials and only one study lasted three months or longer. The review concluded that there was little good evidence to support the safety or efficacy of longterm opioid therapy for nonmalignant pain....
What is really needed is a sea change within the medical profession itself. We should be educating and training our medical students and residents about the risks and limited benefits of opioids in treating pain.... It is physicians who, in large part, unleashed the current opioid epidemic with their promiscuous use of these drugs; we have a large responsibility to end it.
This commentary fittingly highlights that, in modern times, doctors and Big Pharma are the most significant (and potentially dangerous) drug dealers for most Americans. It also informs my own disinclination to defer completely to doctors and Big Pharma when they express concern about the potential harms of marijuana reform or to trust politicians when they suggest doctors and Big Pharma should guide us through modern marijuana reform debates. When it comes to pain management and the developments of safe drugs to treat chronic pain, doctors and Big Pharma have a track record in recent decades that should prompt much more suspicion than confidence.
Some prior related posts:
- "Drug Dealers Aren't to Blame for the Heroin Boom. Doctors Are."
- Gendered perspective on Ohio's challenges with opioids and prison growth
- "Prisons Are Making America's Drug Problem Worse"
- Following the money behind sustaining pot prohibition
- "Fatal Re-Entry: Legal and Programmatic Opportunities to Curb Opioid Overdose Among Individuals Newly Released from Incarceration"
Saturday, November 07, 2015
Some more highlights from a busy week at Marijuana Law, Policy and Reform
Though I previously highlighted here my reactions to this past week's big Ohio vote on a controversial marijuana reform initiaitve, lots more of note happened nationally and internationally this past week in the marijuana reform space. Here are some posts covering some of the developments from Marijuana Law, Policy & Reform:
Tuesday, November 03, 2015
Controversial marijuana reform initiative loses big in Ohio
As reported in this local article, headlined "Ohioans reject legalizing marijuana," the controversial ballot initiative which sought to convince Ohio voters to go from blanket marijuana prohibition to full legalization is losing badly as the votes get counted tonight. Here are the basics:
Ohio voters strongly rejected legalizing marijuana today, despite a $25 miillion campaign by proponents. The Associated Press called State Issue 3 a loser about 9:30 p.m., 30 minutes after the first results were released by Ohio Secretary of State Jon Husted’s office.
The issue to legalize pot for recreational and medical use is going down 65 percent to 35 percent, losing in all 88 counties with more than 48 percent of the statewide vote counted.
“At a time when too many families are being torn apart by drug abuse, Ohioans said no to easy access to drugs and instead chose a path that helps strengthen our families and communities,” said Gov. John Kasich in a statement.
Curt Steiner, campaign director for Ohioans Against Marijuana Monopolies, said, “Issue 3 was nothing more and nothing less than a business plan to seize control of the recreational marijuana market in Ohio ... Never underestimate the wisdom of Ohio voters. They saw through the smokescreen of slick ads, fancy but deceptive mailings, phony claims about tax revenues and, of course, Buddie the marijuana mascot.”
However, State Issue 2 is passing 53 percent to 47 percent. Some counties voted against Issue 2, including Athens County. Issue 2 is an amendment proposed by state lawmakers to make it more difficult for special economic interests to amend the Ohio Constitution in the future.
From the very start of the initiative effort, I kept repeating my view that the framing of any marijuana reform proposal in Ohio would likely determine its fate. Specifically, I thought that if voters saw Issue 3 as a referendum on blanket marijuana prohibition, the issue would have a chance to prevail; if it was seens as a referendum on a corporate take-over of the marijuana movement, it was sure to lose. Based on the mainsteam and social and activist coverage, it seems many voters who might have supported ending prohibition were too turned off by the ResponsibleOhio model to vote yes on Issue 3.
Because it seems like Issue 3 is going down by a very significant margin, I suspect (and fear) that this result in bellwether Ohio will significantly energize both local and national opponents of marijuana reform. Indeed, here is the text of an email I already received from SAM, the leading anti-marijuana reform group:
We did it! Despite a flood of celebrity endorsements and being outspent 15 to 1, Ohio voters weren't fooled. Tonight, they defeated legalization by one of the widest margins of victory any marijuana measure has seen in decades.
This is huge! This proves that our movement is thriving -- and we have many more victories in front of us.
A heartfelt thanks to Ohioans Against Marijuana Monopolies, which our SAM Action Ohio affiliate was a big part of, for delivering this important victory tonight. It proved that legalization is not inevitable, and we will take every grain of knowledge we learned from this campaign into other states moving forward.
I will have lots more coverage and analysis of this notable Ohio result and its local and national implications at Marijuana Law, Policy and Reform in the days ahead.
American Pot: will Ohioans make this the day marijuana prohibition died? UPDATE: NO, Issue 3 loses big
As students in my various classes know well, I have been more than a bit obsessed over the controversial campaign seeking to bring dramatic marijuana reform to my home state of Ohio this year. My interest in this campaign is not only because I have a front-row seat on all the action and know a lot of the leader players, but also because (as hinted in the title of this post) I believe national marijuana prohibition throughout the United States will be functionally dead if a controversial marijuana legalization proposal can win in a swing state in an off-off-year election with nearly all the state's establishment politicians working overtime to defeat it.
Stated more simply, if a majority of Ohio voters today vote to repeal marijuana prohibition in the state, I think it becomes all but certain that national marijuana prohibition will be repealed before the end of this decade. These realities led me to start thinking about the famous lyrics of one of my all-time favorite songs, American Pie. So, at the risk of making light of a serious issue on a serious day, I will carry out these themes by doing a poor man's Weird Al Yankovic:
A long, long time agoI can still remember how that mary jane used to make me smileAnd I knew if Ohio had a chanceWe could make those politicians danceAnd maybe they'd be hoppy for a whileBut February made me shiverWith every complaint drug warriors deliveredBad news in the reform planI couldn't be sure who was the manI can't remember if I criedWhen I read about the monopolies triedBut something touched me deep insideThe day the marijuana prohibition died
So bye, bye, American Pot ProhibitionDrove my Prius to the pollsbut the polls gave me confusing choicesAnd them good ole boys were drinking whiskey 'n ryeSingin' this'll be the day prohibition diesThis'll be the day prohibition dies
Whatever my students and all other Ohioans think about these issue, I sincerely hope everyone goes out to vote so that we get a large and representative indication of what Buckeyes really think about thse matters.
November 3, 2015 in Drug Offense Sentencing, Elections and sentencing issues in political debates, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (7)
Monday, November 02, 2015
All the sentencing news that's fit to print in New York Times
I am to very pleased to see that the two lead stories in today's national section of the New York Times are two criminal justice reform stories that are close to my heart. Here are the headlines and links:
In addition, inspired by the Supreme Court hearing this morning a capital case involving questionable jury selection, the New York Times also has this notable editorial and op-ed article on the topic:
Thursday, October 29, 2015
Final reminder about "Marijuana Politics and Policy: As Goes Ohio, so Goes the Nation...?"
As noted in this post last week, some of my students at The Ohio State University Moritz College of Law have put together a terrific event for tomorrow afternoon (Friday, October 30) to discuss what next week's vote on an Ohio marijuana initiative might mean for both the politics and policy of marijuana reform. This link leads to even details and registration for this (free) event, and there you can also find this summary description:
National leaders in Marijuana Politics and Policy will gather at Moritz to discuss what we have learned from reform movements in states like Colorado, Washington and others, and how these movements relate to the impending Ohio Election. In addition to discussing the impact of marijuana reform on a variety of broader criminal justice and social reform movements, the event will include a discussion of what effects reform in Ohio would have both within the state and nationally.
Participants will include Professors Douglas Berman and Dan Tokaji from The Ohio State University Moritz College of Law, as well as John Hudak and Philip Wallach from the Brookings Institute.
Why this event is so timely and exciting can be readily understood just from these four most recent posts from my Marijuana Law, Policy & Reform blog:
- Highting how Ohio initiative has deeply split traditional marijuana reform groups
- Has candidate Bernie Sanders already produced "big political moment" for marijuana reform?
- Unsurprisingly, MPP and SAM have very different marijuana grades for Prez candidates
- Spotlighting how, in bellwether Ohio, "Corporations, Activists Clash Over Legal Pot"
Leading Dems stake out notable positions on death penalty and marijuana reform
For sentencing and criminal justice fans, last night's GOP Prez debate was a big snooze. But, as the two articles linked below highlight, the leading Prez candidates for the Democrats made headlines in this arena yesterday:
October 29, 2015 in Campaign 2016 and sentencing issues, Death Penalty Reforms, Elections and sentencing issues in political debates, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (0)
Friday, October 23, 2015
"Marijuana Politics and Policy: As Goes Ohio, so Goes the Nation...?"
The title of this post is the title of an exciting event that I have been helping some of my students at The Ohio State University Moritz College of Law put together. The event's timing is working out great, because the next Friday, October 30, 2015 is just few days days after the GOP candidates will be in Colorado discussing econmic issues (and marijuana reform?) and a few days before Ohio voters will go to the polls to decide on two marijuana-related ballot initiatives.
Folks can (and should) pre-register for this (free) event at this link, which is also where you can find this summary description:
National leaders in Marijuana Politics and Policy will gather at Moritz to discuss what we have learned from reform movements in states like Colorado, Washington and others, and how these movements relate to the impending Ohio Election. In addition to discussing the impact of marijuana reform on a variety of broader criminal justice and social reform movements, the event will include a discussion of what effects reform in Ohio would have both within the state and nationally.
Participants will include Professor Douglas Berman, John Hudak from the Brookings Institute, Philip Wallach from the Brookings Institute and local researchers and advocates.
Why this event is so timely and exciting should become obvious from just a review of these recent posts from my Marijuana Law, Policy & Reform blog:
Would Paul Ryan as House Speaker dramatically improve prospects for federal sentencing and marijuana reform?
The question in the title of this post post prompted by this news that "Rep. Paul Ryan officially declared his bid for House speaker Thursday after consolidating the support he needs to be elected by his colleagues next week," and Ryan's prior comments about sentencing reform and marijuana policy. Specifically, as detailed in a bunch of older prior posts linked below, Ryan back in 2012 stated that he favored allowing states to set their own marijuana policies, and in 2014 Ryan expressed support for the Smarter Sentencing Act and released an anti-poverty plan that stressed the need for federal sentencing reforms in order "to tap [past offenders'] overlooked potential and ameliorate the collateral impact on children and families."
Of course, past statements and policy positions often get conveniently forgotten or can even change dramatically when a politician pursues a new leadership role at a new political time. (For example, as stressed in this post on my marijuana reform blog Donald Trump once suggested full legalization would be the only way to "win" the drug war, but to date nobody in the MSM has asked about this position or pressed him about his views on the potential economic benefits of marijuana legalization.) So it is possible that Ryan as House Speaker would not prioritize or even now fully support significant federal sentencing and marijuana reforms.
But, as regular readers know well, there is a significant generational divide (especially within the GOP) concerning federal criminal justice reform issues. Generally speaking, younger politicians like Ryan have been much more supportive of reform (and vocal about their support of reform) than older folks like out-going House Speaker John Boehner. Consequently, even if Ryan as House Speaker might not be inclined to make criminal justice reform a top priority, I suspect the younger GOP generation with which he is linked could considerably increase the chances that the House become much more invested and aggressive in making big federal criminal justice changes in the months and years ahead.
A few prior related posts about (future long-time House Speaker?) Paul Ryan and the true conservative case for federal sentencing and marijuana reform:
- VP candidate Paul Ryan says states should have right to legalize medical marijuana
- Could significant federal criminal justice reforms become more likely if the GOP wins Senate in 2014?
- A Beastly articulation of my (foolish?) hope candidate Romney might embrace the Right on Crime movement
- Paul Ryan joins chorus of GOP young guns supporting sentencing reform and Smarter Sentencing Act
- Spotlighting that nearly all GOP Prez hopefuls are talking up sentencing reform
- Rep. Ryan's new anti-poverty proposal calls for federal sentencing and prison reforms
- Newt Gingrich saying again that "backing sensible and proven reforms to the U.S. criminal-justice system is a valuable conservative cause"
- "Right on Crime: A Return to First Principles for American Conservatives"
October 23, 2015 in Elections and sentencing issues in political debates, Mandatory minimum sentencing statutes, Marijuana Legalization in the States, Pot Prohibition Issues, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (3)
Monday, October 19, 2015
Michigan arrest data highlight diverse impact of local decriminalization and continued impact of state-level marijuana prohibition
This new local article, headlined "Michigan pot arrests are trending up, and 8 other points about marijuana," provides data that reinforce my concern that modest marijuana reforms do not really change the basic realities of how marijuana prohibition impacts individuals in various communities. Here are some of the notable data details:
At a time when surveys indicate a majority of Michigan residents support legalizing pot, arrests for marijuana possession or use are increasing — even as arrests for other crimes are going down, according to data collected by the Michigan State Police. Between 2008 and 2014, arrests for marijuana possession or use went up 17 percent statewide, that data shows, while arrests for all crimes dropped by 15 percent.
One possible reason: Federal health surveys indicate marijuana is the most commonly used illicit drug, and the number of regular users has been increasing. In 2013, about 7.5 percent of Americans age 12 or older had used marijuana in the past month, according the 2015 federal Survey on Drug Use and Health.
Below are other highlights from the Michigan arrest data, which was collected by the State Police from local and county enforcement agencies.
1. The vast majority of marijuana arrests are for possession or use.
In 2014, there were 20,483 arrests for marijuana use or possession, which was 86 percent of all marijuana arrests. About 10 percent of the other arrests are for selling the drug, and the remainder are for "producing" the drug, smuggling or "other." Arrests related to marijuana are about two-thirds of all drug arrests in Michigan and in 2014 were 9 percent of all criminal arrests.
2. A disproportionate number of those arrested for marijuana-related crimes are between the ages of 18 and 24.
About 43 percent of those arrested in 2014 for marijuana were age 18 to 24. The breakdown for other age groups: 26 percent were age 25 to 34; 11 percent were age 35 to 44; 9 percent were under 18; 7 percent were age 45 to 54, and 3 percent were sage 55 or older. The federal drug survey indicates that marijuana use is highest among young adults. In fact, 24 percent of male and 17 percent of female female full-time college students age 18 to 22 use marijuana, the survey shows.
3. The vast majority of those arrested in marijuana cases are men.
Men comprised 83 percent of marijuana arrests in 2014, which is disproportionate compared to their rate of usage. About 9.7 percent of American males age 12 and older are users of marijuana compared to 5.6 percent of women, according to a 2013 federal survey on drug use. That means men are 1.7 times more likely to use marijuana, but are five times more likely to be arrested on marijuana charges.
4. African-Americans are a disproportionate number of marijuana arrests.
An African-American in Michigan was three times more likely to be arrested in 2014 for violating marijuana laws compared to a white person, although surveys and research indicate little difference between usage rates between the two groups. In all, African-Americans comprise about 14 percent of Michigan's population, but 35 percent of marijuana arrests....
6. Since 2011, 21 Michigan cities have voted on legalizing or decriminalizing marijuana....
7. Decriminalization initiatives have had mixed impact on arrests in those communities.
Six communities — Detroit, Grant Rapids, Lansing, Kalamazoo, Flint and Ypsilanti — passed decriminalization initiatives before 2014. Based on arrests in those cities for marijuana use or possession in 2011 compared to 2014, the initiatives had mixed impact.
The most dramatic changed occurred in Grand Rapids, where arrests for marijuana use or possession dropped from 952 in 2011 to 93 in 2014. The numbers also dropped significantly between 2011 and 2014 in the city of Kalamazoo, from 327 to 166. In Detroit, arrests dropped from 1,297 to 974 during the three-year period.
Arrests for marijuana use or possession actually went up in Lansing and Ypsilanti. Lansing had 73 arrests for marijuana use or possession in 2011, compared to 79 in 2014. In Ypsilanti, arrests went from 74 to 88 during that time frame.
Cross-posted at Marijuana Law, Policy & Reform, where these additional recent posts may be of interest to sentencing fans:
- Who says reefer madness is dead, eh?
- Reefer madness or state law sanity?: Ohio AG sues Toledo after passage of local marijuana decriminalization measure
- First poll on Ohio ballot issues suggests marijuana legalization (and litigation) likely
- Could NFL's survival depend on medical marijuana breakthrough?
- California wisely includes mandated DUI research in recent medical marijuana reforms
- "Lessons from Washington and Colorado: The Potential Financial Gains of Recreational Marijuana to Canada"
- In first major Democrat Prez debate, Bernie Sanders says he'd likely vote for marijuana legalization; Hillary Clinton still has her finger in the air
- Latest swing-state polling shows huge support for ending blanket marijuana prohibition
Thursday, October 08, 2015
What major federal criminal justice reform now gets 90% support in key swing states?
In this post and others at Crime & Consequences, Bill Otis rightly notes that relatively little objective polling has focused on the array of federal sentencing and correction reforms that are being actively proposed and promoted now by many leaders in the US Senate and House. Like Bill, I would like to see the media and other independent groups conduct polling on some key aspects of federal drug sentencing and broader rehabilitation-oriented prison reform proposals now being considered on Capitol Hill.
Critically, though, thanks largely to voter-initiated, state-level reforms over the last few years, we are starting to see a lot more media and other independent groups conduct polling on one particular aspect of the federal criminal justice system: blanket marijuana prohibition and criminalization. The latest polling numbers in this space come from the independent Quinnipiac University Poll, and it finds remarkably high public support for ending marijuana prohibition in swing states in order to allow adults "to legally use marijuana for medical purposes if their doctor prescribes it." This Quinnipiac press release about its poll places emphasis on closely-divided (and gender/age-distinctive) views on recreational marijuana reform, but I find the medical marijuana poll numbers most remarkable and important. Here are excerpts from the press release (with my emphasis added):
"If men are from Mars and women are from Venus, then the Red Planet might be the more spacey place. That's because men are more likely than women to support legalization of marijuana for recreational use," said Peter A. Brown, assistant director of the Quinnipiac University Poll. "Not surprisingly support for the change is linked to age, with younger voters more likely to see personal use of pot as a good thing."
"But despite the support for legalization, a majority of voters in Florida, Ohio and Pennsylvania say they would not use the drug if it were legal," Brown added. "Only about one in 10 voters opposes legalizing marijuana for medical purposes." ...
Florida voters support legalizing personal marijuana use 51 - 45 percent.... Voters support legalizing medical marijuana 87 - 12 percent....
Ohio voters support legalizing personal marijuana use 53 - 44 percent.... Voters support legalized medical marijuana use 90 - 9 percent.
Pennsylvania voters are divided on legalizing personal marijuana use, with 47 percent in favor and 49 percent opposed.... Voters support legalizing medical marijuana 90 - 9 percent.
Among other stories, these latest poll numbers reinforce my concern that federal laws and our federal political leaders (including, it seems, most of the candidates running to be our next President) are badly out of touch with public views on marijuana reform. Even in these purple swing states, roughly 90% (!) of those polled say, in essence, that they do not support blanket marijuana prohibition and criminalization, and yet blanket marijuana prohibition persists in federal law and precious few elected federal office holders (or those seeking to be elected office holders) are willing even to talk about seeking to change these laws in the short term.
That all said, I am getting a growing sense that, over time, more and more promiment establishment politicians are coming to understand just how talking seriously (and modestly) about marijuana reform can be a winning political issue (especially among younger voters). Still, as evidenced by some recent posts at my Marijuana blog, the politics, policies and practicalities of marijuana reform are so dynamic, I find myself unwilling ever to make bold predictions about what might happen next in this reform space.
Some recent posts from Marijuana Law, Policy & Reform:
- Reefer madness or state law sanity?: Ohio AG sues Toledo after passage of local marijuana decriminalization measure
- Latest swing-state polling shows huge support for ending blanket marijuana prohibition
- "Big Marijuana Reforms Included in Senate Spending Package"
- "A first for the marijuana industry: A product liability lawsuit"
- California wisely includes mandate DUI research in recent medical marijuana reforms
- Could marijuana reform in part explain application and enrollment boost at University of Colorado Law School?
October 8, 2015 in Drug Offense Sentencing, Elections and sentencing issues in political debates, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (5)
Tuesday, October 06, 2015
"Man 'too high' on marijuana calls Austintown police for help"
The title of this post is the headline of this (amusing?) article from a local Ohio paper that almost reads like a story from The Onion. Here are the details:
Township police were called to a home Friday night by a man who complained he was “too high” after smoking marijuana. According to a police report, authorities were called to the 100 block of Westminister Avenue at about 5:20 p.m. Friday by a 22-year old male who had smoked the drug.
The officer who responded to the home could hear the man groaning from a room.The officer then found the man lying “on the floor in the fetal position” and “was surrounded by a plethora of Doritos, Pepperidge Farm Goldfish and Chips Ahoy cookies,” the report said. The man also told police he couldn’t feel his hands.
A glass pipe with marijuana residue, two packs of rolling papers, two roaches and a glass jar of marijuana were recovered from the man’s car after he gave the keys to police.
The man declined medical treatment at the home Friday night. Austintown police have not charged the man in the incident as of late Monday morning.
I am tempted to react to this story by wondering aloud if the cop-calling, worried-weed consumer has twice enjoyed (white?) privilege by (1) thinking he could seek help from the police for his pot problem, and (2) for not yet getting arrested or charged for his various crimes. But rather than turn this story serious, I will instead just request that readers help me imagine funnier headlines for this tale of foolishness.
Sunday, October 04, 2015
Three of Kettle Falls Five get sentenced to real federal time for marijuana grow in Washington state
As reported in this AP article, headlined "Marijuana growers sentenced to federal prison," a high-profile federal marijuana prosecution, in a state in which marijuana slaes are now legal, culminated in sentencing late last week. Here are the details:
The three remaining defendants in the case of the so-called Kettle Falls Five were sentenced to federal prison on Friday for growing marijuana in a state where both the medical and recreational use of marijuana are legal under Washington laws.
The defendants are known as the Kettle Falls Five because of their original number. They were convicted earlier this year of growing marijuana on their rural property near Kettle Falls, in violation of federal law.
Rolland Gregg was sentenced Friday to 33 months in prison, followed by three years of probation. His wife Michelle Gregg, 36, was sentenced to one year in prison and three years of probation. Rhonda Firestack-Harvey, 56, who is Rolland Gregg's mother, was also sentenced to one year in prison and three years of probation.
All three remain free pending the outcome of appeals.... The case had been closely watched nationally by marijuana activists, who criticized the federal government for prosecuting marijuana growers in a state where cannabis is legal.
Assistant U.S. Attorney Earl Hicks rejected the notion that the defendants were growing the pot for their own medical use. "This is a for-profit marijuana grow," Hicks said. "It has nothing to do with medical marijuana."
Prosecutors contended the defendants grew more than 100 pounds of marijuana in 2011 and 2012, far in excess of their personal needs. Defense attorneys argued for sentences of probation only. "This was not a for-profit marijuana grow," said attorney Phil Tefleyan, who represented Rolland Gregg.
Larry Harvey was excused from the case when he was diagnosed with pancreatic cancer last year and has since died. Family friend Jason Zucker accepted a plea deal from federal prosecutors and testified for the government at trial in exchange for a 16-month penalty.
The remaining three were convicted in March by a federal jury of growing between 50 and 100 marijuana plants on their rural property, which was searched by investigators in 2012. Since then, Washington has also legalized the recreational use of marijuana. But growing and possessing marijuana remains a crime under federal laws.
The defendants did not dispute that they grew marijuana, but contended they grew less than the government alleged. The jury exonerated them of more serious charges of distributing marijuana, conspiracy to distribute and firearms charges that carried long prison sentences.
Sunday, September 27, 2015
Could crime be significantly reduce if marijuana tax revenues were all devoted to public safety?
The question in the title of this post is prompted in part by this new local article out of Colorado headlined "Aurora's Smoking New Budget: City puts pot, public safety resources in play for funding 2016." Here are snippets:
For 2016, the City of Aurora will be adding a new line item to its budget: marijuana. City officials project Aurora will make $2.7 million in 2015 based on 18 retail stores and 5 cultivation facilities slated to be up and running by the end of this year....
City officials project that all 24 stores allowed under Aurora’s recreational marijuana ordinance will be open by next year. City officials said they expect to make $5.4 million in 2016 based on 24 stores and 10 cultivation operations being open....
The 2016 proposed budget for the general fund is $305.7 million, up 5 percent from the 2015 budget of $291 million. The 2016 proposed budget calls for big increases in Aurora’s public safety spending, in part by adding eight police officers for administrative duties and to support field operations. It also calls for seven more fire medics.
I remain hopeful that the repeal of marijuana prohibition in the 21st century, like the repeal of alcohol prohibition in the 20th century, will directly improve public safety by reducing the crimes and violence often associated with black markets in illegal comnmodities. But this local article highlights how marijuana reform, by generating new tax revenues for various jurisdictions, might provide an additional boost to public safety through new resources that can be devoted to proven strategies to reduce criminal activities.
For those interested in marijuana reform topics beyond taxes and public safety, here are some recent posts of note from Marijuana Law, Policy and Reform:
Friday, September 04, 2015
Are you ready for some college football ... and highlights from Marijuana Law, Policy and Reform
I have plans to watch a lot of college football over the long weekend, which culminates Monday night with my Ohio State Buckeyes beginning their national championship defense at Virginia Tech.
I assume a lot of college students also plan to watch a lot of football, and some recent research reported via this post at Marijuana Law, Policy and Reform indicates that college students are now more likely to be smoking marijuana than to be smoking cigarettes when they are taking study breaks. With that terrible segue, here are some more recent posts of note from Marijuana Law, Policy & Reform:
Sunday, August 23, 2015
Could marijuana reform be making Washington roadways safer even if more drivers test positive for THC?
The question in the title of this post is prompted by a chart reprinted here that accompanies this extended article concerning the variety of possible impacts of marijuana reform in Washington state. The article is headlined "Is marijuana dragging us down?: Here's a look at marijuana's role in traffic fatalities, quality-of-life issues, crime," and here are criminal justice excerpts (with key line emphasized):
When recreational marijuana was legalized, Washington entered the unknown, triggering questions — and predictions — about what might happen. Would drug dealers hang around the pot shops? Would it bring riffraff into the neighborhood and make shops easy crime targets? Would people abuse the drug? Or smoke and drive, putting others in harm's way?...
The Washington Traffic Safety Commission found that marijuana has increasingly become a factor in fatal crashes. Most drivers in fatal collisions are tested for drugs. In 2014, among 619 drivers involved in fatal crashes, 89 tested positive for cannabis, according to the Washington Traffic Safety Commission. Of those marijuana-positive drivers, 75 had active THC (the psychoactive compound in cannabis) in their blood, meaning they had recently used the drug. That's twice as many drivers with active THC in their blood than there were in 2010. About half of those 75 drivers were above the legal limit of 5 nanograms of THC per milliliter of blood, the traffic safety commission said. The driver with the highest THC level tested at 70 nanograms of marijuana per milliliter of blood — 14 times the legal limit.
Half of last year's THC-positive drivers were also under the influence of alcohol, and most were above the 0.08 blood alcohol concentration limit, the traffic safety commission said. Marijuana and alcohol used together has a compounding effect.
Shelly Baldwin, spokeswoman for the Washington Traffic Safety Commission, said drugs have surpassed alcohol as factors in fatal crashes. "Marijuana ends up being the most frequent drug, but certainly we see methamphetamine and opiates and cocaine, prescription drugs. There's a long list," Baldwin said....
In 2014, 703 Washington drivers tested positive for being above the legal marijuana limit of 5 ng/mL. That's a fraction of the total DUI violations, which were 25,795 statewide last year. In general, though, driving under the influence violations have gone down in Washington. That means the increase in marijuana detection among drivers is a new, unnerving trend for traffic officials....
The who, what, when, where, why and how of crime is always changing. Officials are hesitant to say what leads to crime, given its ebb and flow, making it difficult to discern whether legalizing pot affected public safety.
Marijuana-related crimes, such as possession and selling of drug paraphernalia, have dropped off, which makes sense given it's now legal to have pot and a pipe. In general, crime has gone down around Clark County, though it increased about 1 percent for the whole state last year, according to the Washington Association of Sheriffs and Police Chiefs. Drug violations accounted for nearly 13,700 crimes reported statewide last year — an uptick from 2013's almost 13,000 violations.
The question in the title of this post is generated by what strikes me as a remarkable — and remarkably significant? — 35% decline in the total number of DUI offenses in Washington state since marijuana was legalized by voter initiative in 2012. Many public health experts have led me to conclude that if a significant segment of the population substitutes marijuana use for alcohol use — instead of supplementing alcohol with marijuana — there will be net public-health benefits because of reduced alcohol-related harms that should surpass any increased marijuana-related harms. These data from Washington state, which do seem to show a small increase in marijuana-related roadway harms, suggest there has been a major overall reduction in dangerous driving and thus net public safety benefits in the Evergreen State since marijuana was legalized.
As I say repeatedly in a variety of settings, it is way too early to reach any firm conclusions about what basic crime and public safety data in marijuana reform jurisdictions really mean for the short- or long-term consequences of legalizations. Nevertheless, even the basic numbers reported here highlight the importance of considering all marijuana-specific data in the context of the broader public safety issues with which they interact.
Dog-day highlights from Marijuana Law, Policy and Reform
It has been a few weeks since I have flagged some posts over at my Marijuana Law, Policy & Reform blog. Here are just a few recent notable posts from that space:
Thursday, August 13, 2015
What can and should voters know about the criminal justice impact of marijuana prohibition as they consider repeal?
I will be off-line for most of the rest of the day in order to have a meeting with a retired Ohio judge (and perhaps some others) to discuss the question that is the title of this post. The question has become especially salient for Ohio voters today: as detailed in this post at MLP&R, as of yesterday it became official that, in less than 90 days, Ohio voters will be deciding whether to legalize marijuana in the Buckeye State for recreational and medical use.
I have spent a fair bit of time trying to rigorously assess, for Ohio and other jurisdictions, just how to measure and describe the "criminal justice footprint" of modern marijuana prohibition and how that footprint can be impacted by marijuana reform. But while I am off-line today, I would be grateful to hear from readers just what they would be eager to know, as a voter considering a reform proposal, about how the criminal justice might change (or not change) due to repeal of marijuana prohibition in a jurisdiction.
Tuesday, August 11, 2015
Thanks to prior commutation, Missouri marijuana lifer now to get paroled
As reported in this Huffington Post piece, headlined "Man Who Was Serving Life In Prison For Marijuana To Be Set Free," there has been a notable development in a notable drug sentencing case in Missouri. Here are the details:
Jeff Mizanskey, a 61-year-old Missouri man who was serving life in prison for nonviolent marijuana offenses, will be set free in a matter of days, his attorney confirmed Monday to The Huffington Post. "We were notified today that he will be granted parole and be released within '10 to 25 days,'" lawyer Dan Viets said about the Missouri Department of Corrections' decision. Mizanskey had met with the parole board just last Thursday.
After two decades in prison, Mizanskey became eligible for parole in May when Missouri Gov. Jay Nixon (D) commuted his life sentence, while granting pardons to five other nonviolent offenders who had already completed their punishments. Parole was an option that Mizanskey did not have previously because he had been sentenced as a "prior and persistent drug offender" under Missouri's three strikes law, which was repealed last year.
All three of Mizanskey's offenses involved marijuana. He was given a life sentence after a conviction for attempting to sell about six pounds of pot in a 1993 police sting operation.
A Change.org petition seeking clemency for Mizanskey had received nearly 400,000 signatures. "Great news everyone... Jeff is coming home this month!" said a post Monday on the Free Jeff Mizanskey Facebook page. "We want everyone to know how greatful [sic] we are for all the support received throughout this whole ordeal."
Marijuana offenses, mainly involving simple possession, account for roughly half of all drug-related crimes. According to a recent report from the American Civil Liberties Union, 88 percent of the more than 8 million marijuana arrests between 2001 and 2010 were for possession alone. There were more arrests in the U.S. for marijuana possession in 2011 than for all violent crimes combined, according to the FBI's uniform crime report. The ACLU report also found significant racial disparities in the arrest patterns. While black and white Americans use marijuana at about the same rates, blacks were nearly four times more likely than whites to be arrested for marijuana during the years examined.