Congress

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

Spare Us From Asparagus Tariffs (Or The Lack Thereof)

Eradication efforts in South America continue to find news ways of being counterproductive and unsuccessful.

From The Seattle Times:

The [U.S. asparagus] industry has been decimated by a U.S. drug policy designed to encourage Peruvian coca-leaf growers to switch to asparagus. Passed in 1990 and since renewed, the Andean Trade Preferences and Drugs Eradication Act permits certain products from Peru and Colombia, including asparagus, to be imported to the United States tariff-free.
â¦

Meanwhile, the Washington industry is a shadow of its former self. Acreage has been cut by 71 percent to just 9,000 acres.

Well at least something got eradicated. Perhaps Washington farmers will now turn to growing America's number one cash crop instead.

Notwithstanding divergent views on free trade among our readership, I'm sure we can all agree that tariffs shouldn't be arbitrarily lifted in support of a failed drug war policy in Peru. Any success achieved in South America (there hasn't been any, but bear with me) must be measured against the ~~sacrifices American farmers are forced against their will to make~~ impact of abandoning protectionism spontaneously. Factoring this against ONDCP's otherwise already pathetic claims of progress leaves a worse taste in one's mouth than that of canned asparagus.

This is what we're trying to tell you about the U.S. war on drugs. The people running this thing will ~~screw over~~ confuse American farmers while pretending to protect our nation's interests.

If they didn't anticipate this outcome, they are incompetent and should be permanently enjoined from drafting economic policy. And if they did anticipate this inevitable outcome, and took no action to mitigate it, they should be jailed for treasonous malfeasance and fed forever on the bitter canned fruits and vegetables of their hypocrisy.

Full disclosure: I don't like asparagus. Thus, it's humorous to contemplate the irony that we can now add asparagus proliferation to the growing list of undesirable drug war consequences. Our resident vegetable enthusiast Dave Borden might disagree, but I'm sure he'd trade all the asparagus in the world for an end to the ongoing international disaster of drug prohibition.

Update: In response to comments below and at Hit & Run, it's not my contention that U.S. farmers are entitled to protection against foreign competitors. My point is that drug war politics should rarely, if ever, be used as a justification to waive policies otherwise deemed appropriate by Congress.

Alert: CALL CONGRESS Today to Stop Dangerous Mycoherbicide Bill!

UPDATE ON VOTE RESULTS HERE Earlier this year, DRCNet reported on a push by the drug czar and drug warriors in Congress to pass a reckless bill to research the use of mycoherbicides -- toxic, fungal plant killers -- as a means of attacking illicit drug crops. Even government agencies are unenthusiastic about this one -- our article cited the Florida Dept. of Environmental Protection, the Department of Agriculture, the State Department, the CIA and even the DEA as agencies that have rejected the idea as dangerous for health and the environment as well as likely to meet with resistant strains of poppy and coca against which it would be ineffective.

What Will a Democratic Congress Mean for Drug Reform?

One of the articles I'm working on this week will be called "Drug Reform and the Democratic Congress: What's Really Going to Happen?" I've already talked to a number of inside the beltway drug reform types--the folks who actually work the halls of Congress--and I've got feelers out to more, as well as to the offices of several of the congressional Democrats who will be chairing key committees.

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