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Congress

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.

Fixing Our Criminal Justice System Isn’t Political Suicide. Stop Saying That.

Washington Post has a whole story on Virginia Senator Jim Webb’s thoroughly awesome ideas about criminal justice reform:

This spring, Webb (D-Va.) plans to introduce legislation on a long-standing passion of his: reforming the U.S. prison system. Jails teem with young black men who later struggle to rejoin society, he says. Drug addicts and the mentally ill take up cells that would be better used for violent criminals. And politicians have failed to address this costly problem for fear of being labeled "soft on crime."
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Webb aims much of his criticism at enforcement efforts that he says too often target low-level drug offenders and parole violators, rather than those who perpetrate violence, such as gang members. He also blames policies that strip felons of citizenship rights and can hinder their chances of finding a job after release. He says he believes society can be made safer while making the system more humane and cost-effective.

Sadly, one rarely hears a Washington lawmaker talk about our drug policy priorities in a way that makes any sense. So, fittingly, Washington Post dedicates plenty of space to the theory that Jim Webb’s gonna get massacred for his crazy blasphemous ideas:

"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."

No, it won’t. Just watch as that completely fails to happen. Recent polls show that democrats and republicans agree the drug war has failed and that is just a fact. Too bad it’s fact that completely eluded The Post throughout a lengthy article about the politics of criminal justice reform. They found room to postulate endlessly about the supposedly disastrous political consequences of saying anything bad about our policies, but they couldn’t find a single line to show what the public actually believes.

Of course, to include actual relevant polling data would refute a central point of the article: that there’s something really mavericky and even reckless about Webb’s ideas. There isn’t. Those same ideas didn’t stop Obama from winning Virginia, so this whole political-suicide-by-drug-policy-reform narrative is garbage. Stop trying to recycle it. Just put it where it belongs.

How Much More Public Support Does Medical Marijuana Really Need?

CNN hosted an interview with House Speaker Nancy Pelosi on Wednesday which featured democratically elected questions courtesy of the popular website Digg.com. Unsurprisingly, one of the top questions was about marijuana policy reform. Here is her response (it’s the 3rd question):



Obviously, Pelosi is very supportive of medical marijuana and despite her pessimism about achieving full-scale legalization, she didn’t actually say she opposed it. Ideologically, I’d have to say this was pretty good coming from the Speaker of the House. But, as Paul Armentano points out, Pelosi’s advice to supporters of medical marijuana just doesn’t add up. She laments Congress’ intransigence on the issue and encourages constituents to contact their representatives, as though this is all just a matter of showing politicians where the people stand.

Alas, we kinda tried that already. Public support for medical marijuana has been overwhelming for a long time. Reformers are 9-1 when it comes to passing state-level medical marijuana laws at the ballot box. State legislatures in Hawaii, New Mexico and Rhode Island have passed laws to protect patients, drawing praise from constituents. The only memorable instance of a politician being damaged for his position on medical marijuana involved Bob Barr, who lost his House seat following attacks for opposing medical marijuana. He’s come around since then.

What, other than legalizing medical marijuana in a dozen states, could the people possibly do to show the politicians in Washington, D.C. that we’re serious about this? You want us to go legalize medical marijuana everywhere else in America? We’ll do it. You want more research proving that it works? Let us know when you’re done reading what we’ve already given you, and we’ll gladly send the rest. Worried about the message to young people? Teenage use is down in states with medical marijuana laws.

You see, our feet are tired. Our throats are hoarse. Our keyboards are cracking, our sharpies are dry and we’re almost out of posterboard. With all of that in mind, Nancy Pelosi, since you do agree with us and you’re the Speaker of House now, we were hoping there might be something else you could do.

Hey, Dirtbags, Ya Wanna Know What Cops Think About Frank's Decrim Bill (and You)?

Pot smokers and drug reformers weren't the only people interested in Barney Frank's news conference yesterday about his decriminalization bill. The law enforcement web site Police 1 noted it as well and posted a short piece asking its readership what they thought. The piece, Are Small Pot Busts Taking Cops Away From Important Work? What Do You Think?, was a calm, unbiased look at the decrim bill and what it would (and wouldn't) do. I wish I could say the same about the responses. Now, before I get into the meat of the matter, I would be remiss if I didn't point out that the responses are not necessarily reflective of police officers' views in general, but are only the responses of a self-selected set of anonymous posters who have registered with Police 1 and who Police 1 says are verifiably law enforcement personnel. That caveat notwithstanding, the posters offer a pretty depressing look into the mind-set of at least some cops. Here are some of them:
Raymundo: I think we all know that pot heads just want to be able to do what they want. Marijuana kills brain cells and they don't come back, hello we need those. Marijuana should stay illegal and I hope congress continues to see that it should be illegal.
SPD853: I think we waste time on plenty of crimes. It is our job. Those cops who think it is a waste of time just "wind test" it anyway (if they do anything at all).
I hadn't heard the phrase "wind test" before. I think that means when they just steal your property, open up the baggie and let the goodies blow away in the wind. That's pretty rude, but preferable to getting arrested, I guess.
Chr1s11: How many of those "small" pot busts have been turned over for info leading to a much larger bust for a much worse controlled substance. The pot heads tend to give up the crack dealer to save the misdemeanor record. Besides, it's still an illegal substance that causes serious dificulty for someone to be a productive individual. Pot heads are the loosers that turn into coke/crack/meth heads. Then comes the violent crime they have to commit to support the habbit.
Well, of course. We all know that pot smokers are crack heads who inevitably turn to violent crime to support their habits. The only other comment I have on this poster is that anyone who can't spell loser correctly probably shouldn't be calling other people losers. He would be better off going back to school and actually passing eighth grade this time.
Baltoblue: I'd rather lock people up for Marijuana all day long then taking 6 reports a day because people can't resolve small problems on their own. The fact is that people can't resolve small problems on their own. The fact is that Marijuana is great PC for searching vehicles (on smell), and also leads to larger cases. I for one, have never locked up a nuerosurgeon for pot, and most that I lock up for pot are involved in larger crimes.
A couple of things on this one: I know I shouldn't pick on people for misspellings, but when you're trying to call pot smokers dumb, you should probably spell "neurosurgeon" correctly. Secondly, Baltoblue's point that pot is great for providing PC (probable cause) for searching cars is a common theme on this board.
Mac25: It is already hard enough to get a conviction when they wont emit it is their property but now they will say it is for personal use and I am not selling. When you compare the drugs (marijuana/alcohol) they both have their down falls but seem to be the lesser evil of all the drugs out there. With that said, the battle on drugs including marijuana has gone on too long to turn around and try to make it legal. I would say most, at least 75, of the people that use marijuana are dirt bags and are involved in other crimes or some how connected to those that commit the crimes. The marijuana arrests are and can be used to assist us (police) in catching those criminals. If it is legalized it will be thrown in our faces day in and day out by these criminals.
This guy's reasoning skills are right up there with his spelling and composition skills. So, 75 (percent, I assume, unless he's personally counting up the dirt bags) of pot smokers are "dirt bags" and are involved in other crimes or know somebody involved in other crimes or live in the same country as people committing other crimes or something. But at least there was one poster who was sympathetic:
In 14 years of active road service as a cop, I have never responded to a call involving anyone who had smoked a joint and was ready to fight with their wife or anyone else for that matter. Yes, I think to much time is spent on arrests involving small amounts of pot. Alcohol, on the other hand, has cost our country Billions of dollars and a tremendous loss of life. While I don't think pot should be legal, I think we need to re-think this issue.
There are more comments on the web site. Check 'em out if you have the stomach for seeing what those people who are supposed to serve and protect you think about you. As for me, I always try to treat police officers with the same respect they show me.