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Senate Passes Bill to Reduce, But Not Eliminate, Crack/Powder Sentencing Disparity

The US Senate approved on a voice vote Wednesday a bill that would reduce, but not eliminate, the disparity in sentences handed down to people convicted of crack versus powder cocaine charges. The bill championed by Sen. Dick Durbin (D-IL), SB 1789 would reduce the current, much maligned, 100:1 ratio to 18:1. Under current law, it takes only five grams of crack cocaine to earn a mandatory minimum five-year federal prison sentence, but 500 grams of powder cocaine to garner the same sentence. The law has been especially devastating in black communities, which make up about 30% of all crack consumers, but account for more than 80% of all federal crack prosecutions. Under the bill passes by the Senate, it would now take an ounce of crack for the mandatory minimums to kick in. Durbin's bill originally called for completely eliminating the sentencing disparity, but was stalled until a Senate gym meeting between Durbin and opposition Judiciary Committee heavy-hitters Sens. Orrin Hatch (R-UT) and Jeff Sessions (R-AL). After that informal confab, the bill was amended to 18:1 and passed unanimously last week by the committee. A bill in the House by Rep. Bobby Scott (D-VA) that would completely eliminate the disparity by the simple act of eliminating all references to crack in the federal statute, HR 3245, passed out of the House Judiciary Committee last July, but has not come to a floor vote. Now that the Senate has approved its bill, pressure will be on the House to just approve the Senate version. Sen. Durbin told the Associated Press that while he had originally sought to completely eliminate the disparity, the final bill was a good compromise. "If this bill is enacted into law, it will immediately ensure that every year, thousands of people are treated more fairly in our criminal justice system," he said. Durbin added that the harsher treatment of crack offenders combined with federal prosecutors' predilection for disproportionately going after black crack offenders had eroded respect for the law. "Law enforcement experts say that the crack-powder disparity undermines trust in the criminal justice system, especially in the African-American community." But drug reformers and civil rights groups that had pushed for complete elimination of the sentencing disparity had a definitely mixed reaction to the Senate vote. It was progress, but not enough, they said. "We strongly supported Sen. Durbin's bill, which would have completely eliminated the disparity," said Wade Henderson, head of the Leadership Council for Civil and Human Rights in a statement Wednesday. Adding that the group was "disappointed" that disparities remain, Henderson said that "this legislation represents progress, but not the end of the fight." "Today is a bittersweet day," said Jasmine Tyler of the Drug Policy Alliance in a Wednesday statement. "On one hand, we’ve moved the issue of disparate sentencing for two forms of the same drug forward, restoring some integrity to our criminal justice system. But, on the other hand, the Senate, by reducing the 100:1 disparity to 18:1, instead of eliminating it, has proven how difficult it is to ensure racial justice, even in 2010."

Congressional Budget Deal Allows Federal Funding for Needle Exchange and Medical Marijuana in the Nation's Capital

US House and Senate negotiators in conference committee approved the finishing touches on the Fiscal Year 2010 budget Tuesday night, and they included a number of early Christmas presents for different drug reform constituencies. But it isn’t quite a done deal yet--this negotiated version of the FY 2010 Consolidated Appropriations Act must now win final approved in up-or-down, no-amendments-allowed floor votes in the House and the Senate. What the conference committee approved: * Ending the ban on federal funding for needle exchange programs--without previous language that would have banned them from operating within 1,000 feet of schools, parks, and similar facilities. * Ending the ban on the use of federal funds for needle exchanges in the District of Columbia. * Allowing the District of Columbia to implement the medical marijuana initiative passed by voters in 1998 and blocked by congressional diktat ever since. * Cutting funding for the Office of National Drug Control Policy’s National Youth Anti-Drug Media Campaign from $70 million this year to $45 million next year. In a news release after agreement was reached, this is how the committee described the language on needle exchange:
Modifies a prohibition on the use of funds in the Act for needle exchange programs; the revised provision prohibits the use of funds in this Act for needle exchange programs in any location that local public health or law enforcement agencies determine to be inappropriate
Its description of the DC appropriations language:
Removing Special Restrictions on the District of Columbia:...Also allows the District to implement a referendum on use of marijuana for medical purposes as has been done in other states, allows use of Federal funds for needle exchange programs except in locations considered inappropriate by District authorities.
And its language on the youth media campaign:
National Youth Anti-Drug Media Campaign: $45 million, $25 million below 2009 and the budget request, for a national ad campaign providing anti-drug messages directed at youth. Reductions were made in this program because of evaluations questioning its effectiveness. Part of the savings was redirected to other ONDCP drug-abuse-reduction programs.
Citing both reforms in the states--from medical marijuana to sentencing reform--as well as the conference committee’s actions, Drug Policy Alliance Executive Director Ethan Nadelmann stopped just short of declaring victory Wednesday. “It’s too soon to say that America’s long national nightmare – the war on drugs – is really over,” said Nadelmann. “But yesterday’s action on Capitol Hill provides unprecedented evidence that Congress is at last coming to its senses when it comes to national drug control policy.” But, as noted above, there are still two votes to go, and DPA is applying the pressure until it is a done deal. “Hundreds of thousands of Americans will get HIV/AIDS or hepatitis C if Congress does not repeal the federal syringe funding ban,” said Bill Piper, DPA national affairs director. “The science is overwhelming that syringe exchange programs reduce the spread of infectious diseases without increasing drug use. We will make sure the American people know which members of Congress stand in the way of repealing the ban and saving lives.” Washington, DC, residents got a two-fer from the committee when it approved ending the ban on the District funding needle exchanges and undoing the Barr Amendment, the work of erstwhile drug warrior turned reformer former Rep. Bob Barr (R-GA), which forbade the District from implementing the 1998 medical marijuana initiative, which won with 69% of the vote. “Congress is close to making good on President Obama’s promise to stop the federal government from undermining local efforts to provide relief to cancer, HIV/AIDS and other patients who need medical marijuana,” said Naomi Long, the DC Metro director of the Drug Policy Alliance. “DC voters overwhelmingly voted to legalize marijuana for medical use and Congress should have never stood in the way of implementing the will of the people.” "The end of the Barr amendment is now in sight,” said Aaron Houston, director of government relations for the Marijuana Policy Project. “This represents a huge victory not just for medical marijuana patients, but for all city residents who have every right to set their own policies in their own District without congressional meddling. DC residents overwhelmingly made the sensible, compassionate decision to pass a medical marijuana law, and now, more than 10 years later, suffering Washingtonians may finally be allowed to focus on treating their pain without fearing arrest." Medical marijuana in the shadow of the Capitol? Federal dollars being spent on proven harm reduction techniques? Congress not micromanaging DC affairs? What is the world, or at least Washington, coming to?

The Staggering Incoherence of Drug Warrior Charles Grassley

Earlier this month, notorious drug war cheerleader Sen. Charles Grassley (R-IA) provoked outrage by attempting to censor debate about drug policy reform in Congress. He proposed an amendment that would literally ban a congressionally appointed expert panel from discussing legalization or decriminalization as part of a broad evaluation of criminal justice policies.

It's just a transparently pathetic strategy of defending the drug war status quo by outlawing meaningful debate and keeping alternatives off the table. Fortunately, just about everyone saw right through it. Pete Guither points out that Grassley is so cornered, he's now begging his constituents in Iowa to back him up on this. And the harder he tries to defend it, the weaker it sounds:

First and foremost, Congress ought to tackle issues whenever possible before bucking them to commissions. Increasingly, Congress is using commissions to avoid doing what Americans elect members to do: ask tough questions, identify possible answers, debate policy solutions and take a stand. [Des Moines Register]

Yeah, who needs experts when we've got politicians to make all our decisions for us?

This commission also would cost $14 million. It's hard to justify that expenditure in the current fiscal situation, especially when it's work that Congress should be doing itself.

Wait, so you can justify spending $50 billion a year on the war on drugs, but we can't justify $14 million to evaluate whether it makes any sense?

Finally, I put forward an amendment to address the issue of decriminalization and legalization of any controlled substance. I filed this amendment in an effort to start a debate on this important issue.


Really, Chuck? Really? How exactly does banning discussion of something promote debate? Everything, from the language of Grassley's amendment to his rich history of ignorant pro-drug-war posturing, proves what a total lie that is. The very essence of this controversy is that he blatantly attempted to prevent experts from looking into the issues he doesn’t want to talk about. Clearly, Grassley greatly underestimated the growing public demand for a new dialogue about our drug policies and got burned by his own arrogance, to such an extent that he is now hilariously masquerading as the champion of that critical discussion.  

The obvious bottom line here is that Grassley is consumed by his fear about what the experts will say. That is just implicit in all of this. If he wasn't deeply afraid of their conclusions, he wouldn’t be introducing amendments telling them what conclusions not to reach.  

The commission hasn’t even been appointed yet, so the very notion that it will become a referendum on the urgent need for sweeping reforms to our drug policy is purely a product of his paranoid imagination (combined perhaps with a subconscious recognition that the drug war is a gaping suckhole and smart people aren't exactly in love with it anymore). If Congress had named an expert panel consisting of Ethan Nadelmann, Rob Kampia, Jacob Sullum, Paul Armentano, Micah Daigle, Norm Stamper, Pete Guither and Willie Nelson, then maybe Charles Grassley could be forgiven for tearing from D.C. to Des Moines on horseback, flailing a dinner bell over his head and screaming that the legalizers are coming.  

Until that happens, the drug war pep squad would be well advised to just pipe down for the time being, lest their suggestions that we not discuss certain things should lead to yet more discussion of the things they don’t want discussed.

Update: Turns out Grassley's piece was a response to this Op-ed by Marni Steadham of University of Iowa SSDP. More coverage here.

Outrage: Drug Warrior Congressman Tries to Prohibit Discussion of Legalization

Sen. Jim Webb (D-VA) has introduced legislation calling for a thorough evaluation of the U.S. criminal justice system, namely for the purpose of exploring ways to reduce our world-record prison population. As you might guess, simply discussing whether we should keep millions of American behind bars is enough to terrify the drug war's most committed champions.

They can’t handle the tough questions, so they're trying to make it illegal to even ask. Drug war hall-of-famer Sen. Charles Grassley (R-IA) today introduced an amendment to Webb's bill that would literally prohibit the commission from talking about legalization or even decriminalization:

AMENDMENT intended to be proposed by Mr. GRASSLEY
….
SEC. ll. RESTRICTIONS ON AUTHORITY.
The Commission shall have no authority to make findings related to current Federal, State, and local criminal justice policies and practices or reform recommendations that involve, support, or otherwise discuss the decriminalization of any offense under the Controlled Substances Act or the legalization of any controlled substance listed under the Controlled Substances Act.

These words are a legal blueprint for silencing all criticism of the war on drugs before the experts even get a chance to discuss it. The whole thing flagrantly violates the spirit of the entire inquiry and renders meaningless everything Webb is trying to do. And yes, that's exactly the point.

No one has done more than Charles Grassley to make the drug war into the horrible mess that it's become, so you can bet he'll do anything to protect his shameful legacy. If he succeeds, the bill will almost certainly end up protecting bad policies instead of exposing them. We can’t let that happen. Click here to tell your Senators to oppose this misguided amendment and let the experts do their job without political interference.

A serious evaluation of criminal justice and drug policies is long overdue and that effort means nothing unless all options are debated openly.

Washington Post Story on Crack Sentencing Bill

Carrie Johnson at the Washington Post has written a nice story on the Durbin bill to reduce federal crack cocaine penalties to the level of powder cocaine penalties. It quotes my colleagues Jasmine Tyler of Drug Policy Alliance (known inside the Beltway as "Jazz") and Julie Stewart of Families Against Mandatory Minimums (FAMM), the sentencing reform group that has led the fight to end mandatory minimums since the early '90s. I have a minor nitpick with the article, which is that it presents the issue as having civil rights and justice reform advocates and some politicos on one side, with law enforcement on the other, quoting a spokesperson for the Fraternal Order of Police saying that in the past their members have favored raising powder cocaine penalties instead. While the article doesn't say that all law enforcement is against reducing the penalties, it does fail to mention that there is also law enforcement support for lowering penalties. The press release from Sen. Durbin announcing the bill cites Los Angeles police chief William Bratton, Miami police chief John Timoney, and the National Black Police Association. I also have to comment on some of the comments I saw by Post readers. Most of the commenters were in support of reducing penalties as the bill does. But a few characterized it as "stupid," saying it would allow people to go on selling crack in inner city black communities, and thereby hurting those communities. As usual, it's the people throwing around words like "stupid" who've done the least thinking about the issue. If they had in fact stopped to think, they would realize that: 1) possession sentences are getting adjusted by this bill, helping people now going to prison for years for just for possessing tiny quantities of crack; and that: (2) incarcerating a drug dealer just creates a job opportunity for another dealer. Often the new would-be dealers fight it out over the old dealer's turf, hurting the community much much more.

Senators Sponsor Bill to Lower Crack Cocaine Penalties

Update: There's video footage from C-Span2 of a Tuesday Congressional briefing on this issue by the Crack the Disparity coalition, online here. First speaker, Chief of NAACP DC Bureau Hilary Shelton. In July we reported that a bill in the House of Representatives, the Fairness in Cocaine Sentencing Act Fair Sentencing Act of 2009, had passed the full Judiciary Committee. Today Sen. Dick Durbin (D-IL) introduced a Senate version of the bill. There's no bill number yet, but we'll post back with it when available. Click here to read the Durbin office's press release. The Fairness in Cocaine Sentencing Act Fair Sentencing Act would increase the quantities of crack cocaine that are needed to trigger certain mandatory minimum sentences. Currently one can receive a five-year mandatory minimum prison term for possession of just five grams of crack cocaine, vs. 500 grams of powder cocaine needed for the same sentence, for example. Passage of the Act will mean that it would take 500 grams of crack to trigger the mandatory. In addition to Durbin, seven other Judiciary Committee members are original cosponsors: Judiciary Committee Chairman Pat Leahy (D-VT), Judiciary Committee Members Arlen Specter (D-PA), Feingold (D-WI), Cardin (D-MD), Whitehouse (D-RI), Kaufman (D-DE) and Franken (D-MN). Two other senators, John Kerry (D-MA) and Chris Dodd (D-CT) are also original cosponsors. While these are all Democrats, some conservative Republican senators had indicated they were likely to or were considering also supporting it. We'll see what happens. We were one of many organizations signing a letter to the Hill supporting this reform. Groups cited in the press release as supporting the bill include the American Bar Association, the Leadership Conference on Civil Rights, the National Black Police Association, and the United Methodist Church. The release also cites as supporters LA and Miami police chiefs Bill Bratton and John Timoney, and US Attorney General Eric Holder. All of these sentences should be repealed, of course, but in the meanwhile the Fairness in Cocaine Sentencing Act Fair Sentencing Act will help a lot of people to avoid some terribly long prison terms. Crack sentencing has been an injustice since the laws were passed in the mid-'80s, and a political issue since at least the early '90s when I started tuning in, so it's taken awhile to get to this point. It is looking pretty good for this to finally happen, but we can't take anything for granted. Look for an action alert sometime next week after there's a bill number.

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."
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