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Another Sign That "Tough on Drugs" Politics Are Fading Fast

Last week, Sen. David Vitter (R-LA) proposed a nasty amendment to deny housing aid in New Orleans to entire households that included people convicted of certain drug offenses or other crimes. These folks paid their debt to society and got crushed by a hurricane, only to have David Vitter (who's not exactly perfect himself) come along and try to put their whole family on the street.

The whole thing is too sickening for words, fortunately I don't have to craft many, because the U.S. Senate voted it down decisively.

Meanwhile, that same day, reformers scored a huge victory in the House of Representatives, which passed legislation significantly limiting drug warrior Mark Souder's vicious "Aid Elimination Penalty" that blocks education for students reporting drug convictions.

These may seem like no-brainer issues that anyone with a fraction of a conscience would easily comprehend, but it hasn't always been that simple. One rarely finds the U.S. Congress making two smart drug policy decisions on the same day. It would be crazy to think that bad drug war legislation is a thing of the past, but I do think it's safe to say we're moving slowly but surely into a new political battlefield in which the word "DRUGS!" is no longer a massive landmine that invariably stops politicians dead in their tracks.

Each success we achieve in Washington, D.C. is big, and not just in terms of the specific policy implications of a particular event. We're dealing with a political culture that has long deemed it suicidal to deviate even slightly from the drug war doctrine. There's a powerful lesson to be learned each time the drug war loses the vote and no one gets sent home over it.

A Victory in the House of Representatives

Update: Souder concession speech -- "... I was probably going to lose today." It's an interesting glimpse into the prohibitionist mindset. Today the US House of Representatives passed a student loan bill that includes language limiting the infamous "Aid Elimination Penalty" -- a law stripping students of financial aid because of drug convictions -- to include only sales convictions, not possession. The law was previously limited to offenses committed while attending school and receiving federal financial aid. If the Senate follows suit, on this reform or something similar, it will be limited yet again. Yesterday we alerted our members that Rep. Mark Souder, the author of the law, was planning to offer an amendment on the House floor to strip out the language and keep his law the way it is now. Souder withdrew the amendment before it came to a vote. Check back at Drug War Chronicle for further info tonight or tomorrow. It's not a done deal until it passes the Senate, until it survives the conference committee, and then until the larger bill it is part of passes both chambers of Congress in its final form. But things are looking good. We including me personally have been working on this for 11 years, and this is a big day for us. Thank you to everyone who took action, this week or before, to help make this possible.

ALERT: Crucial Vote on Souder's Law Happening Tomorrow -- YOUR PHONE CALLS NEEDED!

Update: We won. Dear friend: Our nemesis in Congress, arch-drug warrior Mark Souder, is at it again. Earlier this year, the House Education & Labor Committee passed a student aid bill including language to scale back his infamous financial aid/drug conviction law. The new version of the law would only count sales convictions -- a great step forward, though we still want full repeal. More than 200,000 students already have lost aid for college because of drug convictions. Tomorrow, we're told, Rep. Souder will offer an amendment on the floor of the House of Representatives, seeking to have this good language stripped from the final version of the bill. PLEASE CALL YOUR REPRESENTATIVE AND ASK THAT HE OR SHE VOTE NO ON SOUDER'S AMENDMENT TO THE STUDENT AID BILL. Students should not lose access to college because of drug possession convictions! The bill is called SAFRA, the Student Aid and Fiscal Responsibility Act, H.R. 3221. To reach your Representative (or find out who your Rep is), call the Congressional Switchboard at (202) 224-3121. When the receptionist in your representative's office answers the phone, politely say something like the following:
"My name is _____ and I'd like Rep. ___ to vote against Rep. Souder's amendment to the Student Aid and Fiscal Responsibility Act, which would deny educational opportunities to students with minor drug possession convictions. Blocking access to education causes more drug problems and hurts the economy. Thank you."
When you're done, please forward this alert to all your friends, and please post it to sites like Facebook and Twitter too. A copy of this alert can be found at http://stopthedrugwar.org/alerts/college_aid. Also, please send us a note letting us know that you've taken action and if the staffer you spoke with told you anything that sounds important. Visit http://www.raiseyourvoice.com for further information on this issue and the hundreds of organizations that support repeal. Thank you for taking action! Please consider making a donation to support these efforts. Sincerely, David Borden, Executive Director StoptheDrugWar.org Washington, DC http://stopthedrugwar.org P.S. Find StoptheDrugWar.org on Facebook here and here, and on Twitter here.

Crack Sentencing Reform Bill Passes Full Judiciary Committee

Last week we reported that the crime subcommittee of the House Judiciary Committee had unanimously passed H.R. 3245, a bill to reduce federal crack cocaine penalties to the same level as those for offenses involving powder cocaine. The full Judiciary Committee approved the bill today, we just heard, by a vote of 16-9. I'll post back with a link to the roll call when it becomes available on Thomas, or follow the link to the bill above to check in the meanwhile. Reports indicate it is expected to be taken up on the floor of the House of Representatives, and that a bipartisan Senate bill is expected out soon too. So this is big news. Not the only big news -- read more in our current top Chronicle feature, "Winds of Change Are Blowing in Washington -- Drug Reforms Finally Move in Congress."

More Big News: Needle Exchange Legislation Passes US House of Representatives

As I noted here two weeks ago, legislation to repeal the ban on use of federal AIDS funds for needle exchange programs was included in a House subcommittee's health budget bill. The language survived an attempt on the House floor to repeal it, and so has made it through the full House of Representatives. Satisfyingly, the Congressman who tried to delete the language was Mark Souder, who also lost a committee vote on Tuesday to significantly gut his anti-student aid drug law. Souder's pro-AIDS amendment lost 211-218. The flip side is that 49% percent of Congress voted to continue spreading HIV and Hepatitis throughout our communities.

Congressional Drug Warriors Huddle in the Corner, Plot Comeback

A thriving public debate about moving beyond drug prohibition and a new administration that wants to abandon the term "war on drugs" has sent some of Congress' most hysterical anti-drug zealots into a frenzied panic:

Escaping any real media attention last week was the formulation of a new anti-marijuana caucus in the House of Representatives. As reported in Roll Call on July 13, a press conference was held with former Speaker of the House Dennis Hastert (R-IL), Jason Chaffetz (R-UT) and Darrell Issa (R-CA) that seeks to re-commit the Congress to the status quo of 'fighting a war on drugs'.
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The newly formed House Drug Task Force elected ardent anti-cannabis congressman John Mica (R-FL), who, according to the Deseret News, complained that the Obama administration "seeks to shut the war on drugs down." And that, "the record to date is dismal with the demotion of Drug Czar’s office to a sub-Cabinet position, the announced support for needle exchange programs, the decriminalization of illegal narcotics and other measures that would weaken current national anti-drug efforts." [NORML]

But for their diabolical agenda, I could almost pity them. So far the group only has 8 members, all republicans, and the media didn't really seem very interested in their press conference.

Here we have another exhibit in the cascading downfall of the once-powerful congressional anti-drug demagogues. Their alarmist rhetoric has been discredited and the nation is already well on its way towards establishing a new status quo in the debate over what our drug policies ought to be. If the worst drug warriors in Congress want to collaborate and explore new ways of alienating the public with their crazy ideas, I say we hand 'em the biggest microphone we can find.

Big News: House Subcommittee Approves Legislation Eliminating the Needle Exchange Funding Ban

popular needle exchange logo
BIG NEWS: The infamous ban on use of federal AIDS grant funds to support needle exchange programs will soon be history, if the Subcommittee on Labor, Health and Human Services of the House Committee on Appropriations has its way. Led by Rep. David Obey (D-WI), the subcommittee left the language which has imposed the ban these many years out of the new bill. According to Obey's office:
This bill deletes the prohibition on the use of funds for needle exchange programs. Scientific studies have documented that needle exchange programs, when implemented as part of a comprehensive prevention strategy, are an effective public health intervention for reducing AIDS/AIV infections and do not promote drug use. The judgment we make is that it is time to lift this ban and let State and local jurisdictions determine if they want to pursue this approach.
The vote followed a protest at the US Capitol in which 26 AIDS activists chained themselves together in the Capitol Rotunda earlier in the day. President Obama pledged during his primary campaign to eliminate the ban. Legislation allows the president to do so if certain scientific findings are made, specifically that needle exchange programs do not increase community drug use levels, and do reduce the spread of HIV. These findings were made long ago, and the Clinton administration acknowledged them, but declined to eliminate the ban. Earlier this year the Obama administration punted the issue to Congress by including the ban in its budget proposal while verbally expressing support for needle exchange. Whether Obey's subcommittee took action because of administration support, or despite a lack of administration support, I don't know. Perhaps a greater savant than I will enlighten us. Now the bill heads to the full committee, after which it will go to the floor of the House of Representatives. Drug warriors may try to add the ban back at either stage. Victory also depends on what happens on the Senate side. Assuming the House and Senate do not approve exactly identical Labor and HHS budgets, it will go to a conference committee that includes both Reps and Senators. Elimination of the ban will neither increase nor decrease the amount of money the federal government spends on AIDS prevention, at least not directly. What it will do is allow state governments who receive federal AIDS grants to choose whether or not to spend some of that money on needle exchange. Those states which are in the habit of using scientific evidence to guide their policies will support needle exchange.

Jim Webb's Quest to Reform the War on Drugs Gains Momentum

The Washington Post has a long and rather glowing examination of Virginia Senator Jim Webb's effort to reform U.S. drug policy and the criminal justice system:

"I am, at bottom, a writer," he says, invoking his default response. "I start with a theme, rather than a plot." Webb wants to shape a plotline that, with each turn of the page, draws America closer to reinventing its criminal justice system. Questioning why the United States locks up so many of its youths, why its prisons swell with disease and atrocities while fundamental social problems persist in its streets, has earned Webb lavish praise as a politician unafraid to be smeared as soft on crime. And when a law-and-order type as rock-ribbed as Webb expresses willingness to consider legalizing or decriminalizing drugs, excitement follows.  

Indeed it does. The whole article is worth reading, as it really captures the energy that's beginning to build behind Webb's efforts. There's nothing surprising about this to anyone who's been paying attention to the drug policy debate that has been escalating for years and erupting in recent months.

Still, even The Washington Post itself has been slow to grasp the potency of Webb's call for reform. Last December, The Post published a similarly lengthy account of Jim Webb's quest to reform criminal justice policies, but that article portrayed him as a crazy idealist stepping into political hot water:

"It is a gamble for Webb, a fiery and cerebral Democrat from a staunchly law-and-order state."

"…as the country struggles with two wars overseas and an ailing economy, overflowing prisons are the last thing on many lawmakers' minds."

"…Webb has never been one to rely on polls or political indicators to guide his way."

"Some say Webb's go-it-alone approach could come back to haunt him."

And yet The Post is now reporting that Webb's efforts are gaining support, including "encouraging signals" from Supreme Court Justice Anthony Kennedy and even President Obama. The Post's earlier suggestion that Webb's efforts could alienate him were based on the same "soft-on-crime" political theory that we've been hearing for two decades now. The second they got wind of Webb's criminal justice reform proposal, they interviewed a bunch of people about what a maverick he is and how his ideas are so unique. The whole thing reeked of the implication that only a strange politician would care about improving our criminal justice system.

To be fair, yes, Jim Webb is a bit of a maverick and clearly his plan is unique. I don't fault The Post for making Webb's personality part of the story. But it didn't make sense to frame criminal justice reform as a fringe idea and it's not at all surprising that The Post is now forced to concede Webb's political savvy. Obama spoke on the campaign trail about "shifting the model" in the war on drugs, and while that was hardly the defining issue of his candidacy, it was utterly uncontroversial throughout the campaign. It's a simple fact that criminal justice reform, including discussion of reexamining drug laws, is a perfectly legitimate and mainstream political topic that any politician can approach without inviting any consequential backlash.

One of the most immediate and intrinsically valuable aspects of Webb's effort is precisely that it serves as a mechanism for illustrating the importance of this discussion. I don't doubt that it will become controversial (if our drug policy truly faces due scrutiny as Webb intends), but by the time that happens, he will have firmly established the principle that debating criminal justice policies is a relevant and necessary exercise at this moment in American politics. If we can reach a point at which the media coverage is focused on the issue, rather than the personality quirks of Jim Webb himself, that's when we'll know his efforts are paying off.

Video: Crack Sentencing Reform Petition Delivered to Congress -- Former Prisoners, Family Members and Advocates Speak Out

Last month the "Crack the Disparity" Coalition delivered petitions signed by tens of thousands of people, calling for an end to the draconian US crack sentencing laws, to the offices of Rep. John Conyers (D-MI) and Pat Leahy (D-VT), respective chairs of the House and Senate Judiciary Committees. This short video on ColorOfChange.org shows one of the deliveries, and features comments from Karen Garrison, whose two sons were unjustly caught up in these laws; and from Nkechi Taifa, who heads up justice reform efforts at the Open Society Policy Center. The ColorOfChange.org page devoted to this petition also features audio from the press conference, including former Major League baseball star Willie Mays Aikens, who served 14 years in federal prison after an untreated cocaine addiction drew him into the federal system with crack charges.

Jim Webb Says Marijuana Legalization is "On the table"

I didn't get a chance to mention this on Thursday and I didn’t want any of you to miss it:

The leader of a congressional effort to reform the criminal justice system said Thursday that all issues — including drug legalization — need to be on the table.

Sen. Jim Webb (D-Va.), who has made criminal justice and prison reform a signature issue of his this year in Congress, is the most high-profile lawmaker to indicate openness to drug decriminalization or outright legalization.
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"Nothing should be off the table," he said. [The Hill]

Indeed, why begin the inquiry by politicizing the discussion and arbitrarily dismissing approaches whose merits have yet to be explored? Hopefully, this means we'll be seeing some actual discussion of alternatives to prohibition taking place in Congress.

After all, keeping things on the table implies that we will be talking about them rather than pretending they don’t exist. Surely, our opponents aren't afraid to debate the subject and would welcome a lively conversation about the pros and cons of legalizing drugs.