Congress

Joe Biden Does Something Good On Drug Policy

I've taken swings at Joe Biden a couple times in The Speakeasy, so I'm very pleased to see this:

In a press release that does not seem to be available online, the American Civil Liberties Union praises Sen. Joseph Biden (D-Del.), historically one of the most gung-ho drug warriors in the Democratic Party, for introducing a bill that would eliminate the sentencing disparity between crack and cocaine powder. Previous proposals would have merely reduced the disparity, in some cases by making cocaine powder sentences more severe. By contrast, Biden's bill would raises the amount of crack that triggers a five-year mandatory minimum sentence to 500 grams, the same as the amount for cocaine powder. [reason]

Here's Biden's statement:

The current sentencing disparity between the two forms of cocaine is based on false notions and old logic. The bottom line is that there is no scientific justification for any disparity. Crack and powder are simply two forms of the same drug, and each form produces identical effects. I will soon be introducing legislation that eliminates the sentencing disparity completely, fixing this injustice once and for all.

Coming from a man whose drug war credentials include authoring the RAVE Act and creating ONDCP, this is an exciting surprise. While many consider fixing the crack/powder sentencing disparity a no-brainer, reducing federal drug sentences is certainly a bold move for Biden.

He's running for president right now, so Biden's willingness to challenge a drug war injustice suggests a shifting perception of the political implications of U.S. drug policy. As obviously flawed as the sentencing disparity is, it's not really that much more palatable than any number of other issues we're working on. If Biden can recognize this problem, there's much more he could potentially come to understand.

Is it Ok to Out Prohibitionist Politicians for Past Pot Use? Yes.

When Minnesota Senator Norm Coleman regurgitated ONDCP anti-pot propaganda, he got more than he bargained for. It all began with this statement from the senator:

"I oppose the legalization of marijuana because, as noted by the Office of National Drug Control Policy, marijuana can have serious adverse health affects on individuals. The health problems that may occur from this highly addictive drug include short-term memory loss, anxiety, respiratory illness and a risk of lung cancer that far exceeds that of tobacco products. It would also make our transportation, schools and workplaces, just as examples, more dangerous." [CelebStoner.com]

Unfortunately for Coleman, NORML board member Norm Kent was hip to his hypocrisy. Having partied and protested alongside Coleman in college, Kent crafted an open letter to the Senator exposing his marijuana use and fundamentally undermining Coleman's reckless characterization of the drug's risks:

Dear Mr. Coleman,

My friend Norman.

Years ago, in a lifetime far away, you did not oppose the legalization of marijuana. Years ago, in our dorm rooms at Hofstra University, you, me, Billy, your future brother-in-law, Ivan, Jonathan, Peter, Janet, Nancy and a wealth of other students smoked dope.

Sure, we had to tape the doors shut, burn incense and open the windows, but we got high, and yet we grew up okay, without the help of the Office of National Drug Control Policy's advice...

Truly, nothing could better refute Norm Coleman's attacks against marijuana than the life of Norm Coleman. He smoked marijuana in college â like so, so, so many others â and now he is a U.S. Senator. He does not have lung cancer or schizophrenia.

As a general rule, I donât think it's our business who smoked pot in college. But so long as a great and terrible war is waged against marijuana users, we cannot always afford to take the moral high ground. Kent's letter reveals Coleman as a shameless liar in far fewer words than it would take to explain that marijuana doesnât cause cancer or idiocy.

Most importantly, Norm Coleman's public humiliation sends a message to other politicians that flagrant lies and rank hypocrisy will not be tolerated in the marijuana debate. Until our leaders finally get the message that Americans donât want this war, cheap political posturing will continue.

If a little narcing of our own can help silence other would-be drug war demogogues, I say let 'em have it.

Update: In hindsight, the above doesn't exhibit much respect for individual privacy, which is an important value that must always be considered even when dealing with dishonest folks. As Kent's letter notes, Coleman mentioned getting high in the school newspaper and used marijuana defiantly on the roof of a school building during a protest, so he'd already sacrificed any expectation of privacy.

"End Racial Profiling Act" coming to Congress soon...

I chatted briefly with the ACLU's Jesselyn McCurdy Thursday night at the Crime Policy Summit hosted by Rep. Bobby Scott (D-VA). Coincidentally she had an article on the Huffington Post blog that night, "Racial Profiling: ''Wrong in America,''" in which she reports that Sen. Feingold (D-WI) and Rep. John Conyers (D-MI) are preparing to introduce an important bill:

In the coming weeks, Senator Russ Feingold (D-WI) and Representative John Conyers (D-MI) are expected to introduce the End Racial Profiling Act of 2007 (ERPA), which will prohibit federal law enforcement agencies from engaging in racial profiling and encourage states to adopt the same type of ban on the practice. The legislation will also permit victims of racial profiling to take legal action and requires states to establish procedures for victims to file complaints against police officers who racially profile. In addition, the bill provides data collection demonstration and best practice incentive grants to state and local law enforcement agencies.

With Conyers chairing the House Judiciary Committee now, after the Democratic takeover, I'd say it has a real chance. I spoke with Conyers there too, by the way; after 40+ years in Congress he obviously is not a young man anymore, but he's not tired of it at all and is thrilled to be in a position to get some things done. Other members of Congress attending parts of the Summit Thursday included Bobby Scott (there for most of it), Adam Schiff (D-CA), Melvin Watt (D-NC) and Keith Ellison (D-MN). Sadly I couldn't make it to the Friday portion, had to edit the Chronicle. Anyway, there's today's brief report from Washington...

Charlie Rangel on Reentry, Crack Cocaine Sentencing and the Vote

Rep. Charles Rangel (D-NY), a one-time drug warrior, made brief remarks on the floor of the US House of Representatives relating to criminal justice, including his support for the Second Chance Act (measures to help people coming out of prison to reenter society successfully) and for restoring the vote to people with past felony convictions, and his sponsorship of H.R. 460 to eliminate the harsher treatment that people convicted for crack cocaine offenses currently receive under the law relative to other cocaine offenses (along with other remarks that don't directly relate to drug policy). (Click here to write your US Representative in support of H.R. 460.) Nothing too huge here, but of interest, and good to see that the chairman of the powerful Appropriations Committee is focused on things like this.

Congress Should Let DC Fund Needle Exchange

Back during our jury civil disobedience in 2004, David Guard and I did our community service time at the needle exchange program here in Washington and got to know the people there. They've been doing a lot for the community, all of it with privately-raised funds, but more is needed to be able to reach all the people who are at risk from contracting diseases like AIDS or Hepatitis C through needle sharing. The District of Columbia government would almost certainly fund needle exchange work, but Congress gets to control what our budget looks like if they want to, and in their infinite wisdom (sarcasm) they decided to forbid DC from spending even its own taxpayer dollars on needle exchange. Rep. Jose Serrano (D-NY), who chairs the Subcommittee on Financial Services and General Government, which has jurisdiction over this area of the US Code, has said he wants to undo the restriction. Today the New York Times ran a strongly supportive editorial:

Washington, D.C., is one of Americaâs AIDS hot spots. A significant proportion of infections can be traced back to intravenous drug users who shared contaminated needles and then passed on the infection to spouses, lovers or unborn children. This public health disaster is partly the fault of Congress. It has wrongly and disastrously used its power over the District of Columbiaâs budget to bar the city from spending even locally raised tax dollars on programs that have slowed the spread of disease by giving drug addicts access to clean needles.

The Times titled the editorial "Congress Hobbles the AIDS Fight." The activist paraphrase of that, which is how the editorial was first presented to me, would be "Congress has blood on its hands." Last week the Times also ran a news feature about DC's needle exchange, and an online "slide show" featuring the program's Ron Daniels. The larger legislation in which the DC funding ban could get repealed is expected to move quickly, with markups scheduled for Serrano's subcommittee tomorrow and the Appropriations Committee of which it is a part next week -- you never know how quickly something will really move in Congress, but that's how it looks right now. Stay tuned.

Hinchey-Rohrabacher

Alex Coolman has a nice summary of the Hinchey-Rohrabacher amendment and its history over at Drug Law Blog. I haven't heard yet about this year, but will let you all know when I do... Read our '06 Hinchey-Rohrabacher coverage here and here.

Coordinated Drug War Raids as Taxpayer-Funded Lobbying

Peter Guither at the Drug WarRant blog has pointed out what he calls a "blatant and pathetic effort" by the State of Kentucky to secure drug war funding from Congress:

State police, local law enforcement, sheriff's offices, HIDTA and multi-jurisdictional drug task forces throughout the nation collectively conducted undercover investigations, search warrants, consent searches, marijuana eradication efforts, drug interdiction and arrest warrants for a period of one week. This collective effort, Operation Byrne Drugs II, was conducted from April 23-29 to highlight the need and effectiveness of the Byrne grant funding and the impact cuts to this funding could have on local and statewide drug enforcement.

Actually it is the media efforts that seem to be coordinated, in addition to the drug enforcement. I noticed a suspiciously similar press release distributed by the California Dept. of Justice last July about a suspiciously similar incident:

BNE task forces, comprised of state, local and federal law enforcement agencies, throughout the state served 16 search warrants, seized three firearms, confiscated 53 pounds of methamphetamine, 91 pounds of marijuana, and 37,747 marijuana plants. State drug enforcement agencies across the U.S. on July 27, 2006 participated in a "national day of drug enforcement." Organized by the National Alliance of State Drug Enforcement Agencies, "Operation Byrne Drugs" promoted the continued funding of the Byrne Justice Assistance Grant program that supports local and statewide drug enforcement. The federally funded program has suffered deep cuts over the last few years, directly affecting BNE. In fiscal year 2001-02, BNE received more than $11.5 million for personnel and operating costs. In fiscal year 2006-07, BNE received less than $6 million, nearly a 50% decline over five years.


your tax dollars at work to get more of your tax dollars

Now I run an advocacy group, and I can tell you with confidence that this is exactly what groups who want to achieve a legislative objective will do -- organize media-worthy events in order to get the attention of the policymakers you need to influence, in this case Congress. The main differences between what we do and what the narcs are doing are that: 1) They are using taxpayer funds to carry out their media/lobbying campaign to secure taxpayer funds; and 2) They are using the authority the government has given them to wield state power including guns in order to arrest and incarcerate people, as a component of their media-lobbying campaign. We will generally just hold a press conference or a rally, or issue a report. I suspect that in strict legal terms they have not violated the law. But make no mistake -- this is lobbying of Congress by state agencies to get our money, and they are destroying numerous lives in order to do it. I don't agree with drug enforcement at all (as readers know), but even for those who do, clearly enforcement decisions about when and whom to raid should be based on law enforcement/public safety needs, NOT politics. Unfortunately, it is not only drug money that corrupts our law enforcement; it is drug war money too.

Partial Crack Cocaine Sentencing Reform Approved by Sentencing Commission

The US Sentencing Commission has voted for a partial reform to the infamous crack/powder cocaine sentencing disparity -- Families Against Mandatory Minimums announced Friday. According to FAMM the new rules would help about 78% of federal prisoners serving crack cocaine offenses by reducing their penalties about 16 months. We consider it a small but important step -- even equalizing the penalties would be kind of small when measured next to the vast federal gulag -- but it will help some people and it's a start. When the Commission voted 4-3 for equalization of crack and powder cocaine penalties almost 12 years ago, Congress voted -- for the first time in the history of the Sentencing Commission -- to block the reform. Had Congress not acted, the quantity thresholds triggering draconian five- and ten-year mandatory sentences for crack cocaine -- five grams and 500 grams, amounts that have been compared with a sugar packet and a candy bar, respectively -- would have been raised to the larger quantities that now trigger the same penalties for powder cocaine. The move by Congress sparked unrest in the federal prison system. If Congress leaves it alone this time, the new rules will take effect on November 1.

House Judiciary Committee Passes Second Chance Act

[Courtesy of FedCURE, www.FedCURE.org]

Just a week after the re-introduction of the bill, today members of the House Judiciary Committee passed H.R. 1593, the Second Chance Act of 2007. The bill will now be sent to the House floor for consideration, which sponsors say will take place in mid-April. During the mark-up of the bill, members voted down several amendments that would have jeopardized the bipartisan support for the bill.

The Second Chance Act would authorize a $65 million re-entry grant program administered through the Department of Justice for state and county re-entry initiatives, and a $15 million re-entry program for community and faith-based organizations to deliver mentoring and transitional services. The bill also retains a number of drug treatment provisions that were added to the legislation last session. Last week, the Second Chance Act was reintroduced by Rep. Danny Davis (D-IL) and Chris Cannon (R-UT) and has a growing list of bipartisan co-sponsors. The Senate plans to reintroduce their version of the bill later this week.

For more information on the Second Chance Act click here or contact Sara Paterni at [email protected].

http://www.oregonmeasure11.com/archives/2007/03/28/house-judiciary-committee-passes-second-chance-act/

Huge News: Dennis Kucinich To Chair Subcommittee Overseeing ONDCP

It ain't Ethan Nadelmann as Drug Czar, but I'll take it.

Rep. Dennis Kucinich has been named chairman of the Domestic Policy Subcommittee of the House Government Reform Committee, giving him jurisdiction over the Drug Czar's office. Oversight of ONDCP was previously conducted by the non-defunct Criminal Justice, Drug Policy, and Human Resources Subcommittee, chaired by rabid drug warrior Mark Souder.

In short, the responsibility of overseeing ONDCP has effectively been transferred from Congress' most reckless drug warrior to its most outspoken drug policy reformer.

Kucinich's agenda remains unknown at this point, but it's clear that he sought this particular appointment deliberately. From GovExec.com:

As the [National Security] panel's presumed chairman in the Democratic-led 110th Congress, he had a ready platform to advance his antiwar agenda.

But Kucinich said in a brief interview that he might wield more influence as chairman of the Domestic Policy Subcommittee, which will have jurisdiction over all domestic issues and the Office of National Drug Control Policy.

If Drug Czar John Walters is now wondering what's in store for him, he might begin by reading what Kucinich has to say about the war on drugs:

I have studied the issue for decades and recognize that our "War on Drugs" has failed. In fact, because our War on Drugs drives up the price, it encourages violence. Prohibition simply doesn't work. It only creates thousands and thousands of Al Capones. Prison should be for people who hurt other people, not themselves. We don't jail people for merely drinking. We jail people when they drink and drive or hurt another human.
â¦

The supporters of the drug war have only one solution to this debacle -- more money for law enforcement, more people, more power, more prisons -- with no end in sight. Of course, these happy drug warriors who justify their living hunting down drug users come on TV and promise us that they see light at the end of the tunnel. They promised us a drug-free America by 1995, and instead we see new and more exotic drugs constantly being added to the mix.
â¦

The shredding of our rights to privacy and property promoted by the Drug War is inconsistent with a free society. Criminalization of private or self-destructive behavior is not acceptable in a free nation.

The racism evident in the Drug War, and the clearly preferential treatment for offenders with connections, undermine our concept of a just society. Draconian prison sentences that dwarf those for violent crimes, like murder and rape, destroy respect for our laws.
â¦

It is time for an honest dialogue on this issue. Time to stop the documented lies, half-truths, and propaganda that got us into this mess in the first place. It is time to face the facts.

With due caution, I must say this is a great day for reform. That the man who spoke these words could even be considered for such a position is a tremendously positive sign. Dennis Kucinich is on our side. He showed up at an SSDP awards dinner for starters.

Stay tuned. This is going to be interesting to say the least.

Dennis Kucinich with SSDP staff, 2004

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