« Without discussion of 3553(a) factors, Eleventh Circuit needs just one sentence to declare 120 years (LWOP) imprisonment for child porn offenses reasonable | Main | "Timbs v. Indiana: Toward the Regulation of Mercenary Criminal Justice" »

September 19, 2019

Prez candidate Beto O'Rourke proposes "Drug War Justice Grants" funding by marijuana tax revenues

As reported in this Hill piece,"President hopeful Beto O'Rourke on Thursday unveiled a plan to legalize marijuana and end the war on drugs." Here are the basics:

The former Texas congressman would grant clemency to those currently serving sentences for marijuana possession, establish a model for marijuana legalization and give grants to those affected by the war on drugs to help them benefit from the new industry.

The “Drug War Justice Grants” would be given to those formerly incarcerated for nonviolent marijuana offenses in state and federal prison. Licenses to produce, distribute, or sell marijuana would be funneled to minority-owned businesses and fees would be waived for low-income individuals who had previously been convicted of related offenses.

“We need to not only end the prohibition on marijuana, but also repair the damage done to the communities of color disproportionately locked up in our criminal justice system or locked out of opportunity because of the War on Drugs,” O'Rourke said in a statement.

This page on the O'Rourke campaign website provides some background and details, and here are excerpts focused on criminal justice matters:

In January 2009, Beto O’Rourke, one of the youngest members of the El Paso City Council, introduced a longshot resolution calling for an “honest, open national debate” on ending the prohibition of marijuana.... To Beto’s surprise, the resolution passed unanimously. But the mayor vetoed the resolution later that day....

In 2011, Beto published the book Dealing Death and Drugs: The Big Business of Dope in the U.S. and Mexico: An Argument for Ending the Prohibition of Marijuana. Long before the legalization of marijuana was overwhelmingly popular with the American public, Beto laid out his case for ending the decades-long prohibition on marijuana and repairing the damage done to the communities of color that are disproportionately impacted....

The War on Drugs has been catastrophic for communities of color, and our policy toward marijuana has been particularly egregious. Despite similar rates of use, African-Americans are almost 4 times more likely to be arrested for marijuana possession than white people. Yet, a 2017 survey of marijuana business owners in states allowing them found that only 19% identified as non-white. These statistics tell the story of marijuana laws in our country, where certain communities have been subjected to over-policing and criminalization while others are being presented lucrative business opportunities. Beto is committed to rewriting this story and rectifying the harm caused by decades of unjust marijuana policy.

As President, Beto will:

Legalize Marijuana...

Use clemency power to release those currently serving sentences for marijuana possession and establish a review board to determine whether others currently serving sentences related to marijuana should be released;

Expunge the records of those who have been convicted for possession and prevent the conviction from precluding these individuals from accessing housing, employment, education, and federal benefits, or from having their driver’s licenses suspended;...

Remove cannabis-related charges as grounds for deportation or denial of citizenship. The Trump Administration has explicitly targeted those with marijuana possession convictions for deportation, even though marijuana has been legalized in 11 states and the District of Columbia.

Invest revenue from the marijuana industry in communities impacted by the War on Drugs through “Drug War Justice Grants” and Equitable Licensing Programs....

To guarantee that opportunities to profit from a regulated marijuana market are made available to communities disproportionately impacted by the War on Drugs, Beto will:

Call for a federal tax on the marijuana industry, revenue from which will be used to:

Provide a monthly “Drug War Justice Grant” to those formerly incarcerated for nonviolent marijuana offenses in state and federal prison for a period based on time served. The grants will be funded completely by the tax on the marijuana industry.

Fund substance use treatment programs.

Support re-entry services for those who have been incarcerated for possession.

Invest in communities disproportionately impacted by marijuana arrests, including investments in housing and employment support, substance use and mental health treatment, peer and recovery support services, life skills training, victims’ services.

Support those disproportionately impacted by marijuana arrests, including those who have been convicted of marijuana possession themselves in participating in the marijuana businesses by providing technical assistance, industry-specific training, access to interest free/low-interest loans, and access to investment financing and legal services.

Ensure those most impacted by the War on Drugs are the ones benefiting from the economic activity related to marijuna.

As President, Beto will tie federal funding for criminal justice systems to requirements that states or local governments:

Waive licensing fees for producing, distributing, or selling marijuana for low-income individuals who have been convicted of marijuana offenses.

September 19, 2019 at 08:50 AM | Permalink

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB