Tag: decriminalization
4 Reasons Why The U.S. Needs To Decriminalize Drugs—And Why We’re Closer Than You Think

4 Reasons Why The U.S. Needs To Decriminalize Drugs—And Why We’re Closer Than You Think

Reprinted with permission from Alternet.

Half of all adults in the U.S. have used an illegal drug at some point.   If this was your loved one, family member or friend, would they deserve to be arrested, jailed, and face a lifetime of punishment and discrimination?

Ending criminal penalties for drug possession, often referred to as decriminalization, means nobody gets arrested, goes to jail or prison, or faces criminal punishment for possessing a small amount of a drug for personal use. As detailed in a new Drug Policy Alliance report, there’s an emerging public, political, and scientific consensus that otherwise-law-abiding people should not be arrested, let alone locked in cages, simply for using or possessing a drug.

This is a pivotal moment.  Our retrograde federal administration is ramping up the war on drugs – despite widespread public support for ending it and instead focusing our limited resources on health-based approaches to drug addiction and overdose deaths.

Since most drug enforcement is carried out at the local and state levels, not the federal level, jurisdictions across the U.S. are responding to Trump and Sessions by moving drug policy reforms forward with increasing urgency.

Here’s why the U.S. needs to decriminalize drugs – and why we’re actually closer than you might think.

1. Decriminalization benefits public safety and health.

Decades of empirical evidence from around the world shows that reducing and eliminating criminal penalties for drug possession does not increase rates of drug use or crime – while drastically reducing addiction, overdose and HIV/AIDS.

Today, as overdose deaths skyrocket all over the U.S., people who need drug treatment or medical assistance may avoid it in order to hide their drug use.  If we decriminalize drugs, people can come out of the shadows and get help.

More than a million people are arrested each year in the U.S. for drug possession, but this has done nothing to reduce the purity or availability of drugs, or the harms they can cause.  What we’re doing doesn’t work – and actually makes things worse.

Our current policies are diverting law enforcement resources from serious public safety issues.  Hundreds of thousands of rape kits go unprocessed at the same time we’re spending billions of dollars arresting and punishing people for drug possession. Our limited public resources would be better spent on expanding access to effective drug treatment and other health services.

2. Drug possession arrests fuel mass incarceration and mass criminalization – not to mention institutionalized racism and economic inequality.

Criminalizing drug use hurts families and communities, compounds social and economic inequalities, and unfairly denies millions of people the opportunity to support themselves and their families.

U.S. law enforcement arrests about 1.5 million people each year for drug law violations – and more than 80% of those arrests are for simple drug possession. On any given night, there are at least 133,000 people behind bars in U.S. prisons and jails for drug possession – and 63,000 of these people are held pre-trial, which means they’re locked up simply because they’re too poor to post bail.

Discriminatory enforcement of drug possession laws has produced profound racial and ethnic disparities at all levels of the criminal justice system. Black people comprise just 13% of the U.S. population and use drugs at similar rates as other groups – but they comprise 29% of those arrested for drug law violations and 35% of those incarcerated in state prison for drug possession.

Drug criminalization also fuels mass detentions and deportations.  For noncitizens, including legal permanent residents – many of whom have been in the U.S. for decades and have jobs and families – possession of any amount of any drug (except first-time possession of less than 30 grams of marijuana) can trigger automatic detention and deportation, often without the possibility of return.  From 2007 to 2012, 266,000 people were deported for drug law violations, of whom 38 percent – more than 100,000 people – were deported simply for drug possession.

3. Other countries have successfully decriminalized drugs – and the U.S. is moving in the right direction, despite Trump.

Most drug laws exist on a spectrum between criminalization and decriminalization. Some countries have eliminated penalties for possession of all drugs, while some countries and U.S. jurisdictions have eliminated penalties only for marijuana possession. Still other countries and U.S. jurisdictions have taken steps in the right direction by reducing criminal penalties without eliminating them entirely.

Some of these efforts in the U.S. include “defelonizing” drug possession by reducing it to a misdemeanor (which the Oregon legislature just approved last week), decriminalizing or legalizing marijuana possession, establishing pre-arrest diversion programs such as Law Enforcement Assisted Diversion (LEAD), and enacting 911 Good Samaritan laws, which allow for limited decriminalization at the scene of an overdose for people who are witnesses and call for emergency medical assistance. But more ambitious efforts are needed.

Several countries have successful experience with decriminalization, most notably Portugal.  In 2001, Portugal enacted one of the most extensive drug law reforms in the world when it decriminalized low-level possession and use of all illegal drugs.  Today in Portugal, no one is arrested or incarcerated for drug possession, many more people are receiving treatment, and addiction, HIV/AIDS and drug overdose have drastically decreased.

The Portuguese experience demonstrates that ending drug criminalization – alongside a serious investment in treatment and harm reduction services – can significantly improve public safety and health.

4. The American public – as well as leading governmental, medical, public health, and human rights groups – already support drug decriminalization.

Polls of presidential primary voters last year found that substantial majorities support ending arrests for drug use and possession in Maine (64%), New Hampshire (66%) and even South Carolina (59%).  In 2016, the first state-level decriminalization bill was introduced in Maryland and a similar version was reintroduced in 2017. The Hawaii legislature, meanwhile, overwhelmingly approved a bill last year creating a commission to study decriminalization.

Just last month, the United Nations and World Health Organization released a joint statement calling for repeal of laws that criminalize drug use and possession. They join an impressive group of national and international organizations who have endorsed drug decriminalization that includes the International Red Cross, Organization of American States, Movement for Black Lives, NAACP, and American Public Health Association, among many others.

To learn more, check out DPA’s new report, It’s Time for the U.S. to Decriminalize Drug Use and Possession, which lays out a roadmap for how U.S. jurisdictions can move toward ending the criminalization of people who use drugs.

This piece first appeared on the Drug Policy Alliance Blog.

Jag Davies is director of communications strategy for the Drug Policy Alliance.

This article was made possible by the readers and supporters of AlterNet.

New York To No Longer Arrest For Small Amounts Of Marijuana

New York To No Longer Arrest For Small Amounts Of Marijuana

By Tina Susman, Los Angeles Times

NEW YORK — Possession of 25 grams or less of marijuana no longer will be grounds for arrest in New York City under a new policy aimed at ending the lifelong stigma that can follow pot users, city officials announced Monday.

The new law, which takes effect Nov. 19, marks a substantial shift in policing in the nation’s largest city, where arrests for marijuana possession so far this year number more than 24,000. But both Mayor Bill de Blasio and Police Commissioner William J. Bratton said the policy change was not a sign they favored going the route of Colorado and Washington state, which have legalized some recreational marijuana use.

“It’s still against the law,” said Bratton, who held up a small plastic bag filled with oregano to demonstrate the maximum amount that a person could be caught with in New York City and avoid being arrested. “I’m not giving out ‘get-out-of-jail-free’ cards.”

De Blasio, a staunch liberal, also made clear he opposed marijuana legalization. “Any substance that alters your consciousness is a potential danger,” de Blasio said.

Under the new law, a person who is carrying 25 grams or less of the drug and not smoking it would be issued a summons rather than being arrested, taken to a police station, fingerprinted and photographed. Bratton said under some circumstances, a person could still face arrest. That could occur if the person with the marijuana was wanted on an outstanding warrant or if he or she was unable to provide identification to police.

A first offense would bring a fine of up to $100. Subsequent offenses could carry fines up to $300.

De Blasio said the shift was in keeping with his pledge to improve relations between the police and the city’s African-American and Latino communities, who were disproportionately affected by the department’s stop-question-frisk practices. Many of those stops led to arrests for small amounts of marijuana.

The mayor said such arrests often had “disastrous consequences” for individuals with otherwise clean records.

“When an individual is arrested even for the smallest amount of marijuana, it hurts their chances to get a good job. It hurts their chances to get housing. It hurts their chances to qualify for student loans. It can literally follow them the rest of their lives,” de Blasio said.

Bratton said the police department was hurt by the arrests too because it forced officers to spend “endless hours” in courtrooms while cases were prosecuted. “I don’t want them chasing down 25-gram bags of marijuana and tying themselves up in court,” he said.

The announcement came on the same day that new FBI crime statistics showed a drop in nationwide marijuana arrests in 2013. According to the FBI, 693,058 marijuana arrests were made last year, compared with 749,842 in 2012.

In a statement, a spokesman for the Marijuana Policy Project, Mason Tvert, said the drop in arrests was a positive step, but Tvert said it was wrong to arrest even one person for “using a substance that is objectively less harmful than alcohol.”

“Every year we see millions of violent crimes attributed to alcohol, and the evidence is clear that marijuana is not a significant contributing factor in such incidents,” Tvert said. “Yet our laws continue to steer adults toward drinking by threatening to punish them if they make the safer choice.”

AFP Photo/Frederic J Brown

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It Makes No Sense To Criminalize People For Getting Stoned

It Makes No Sense To Criminalize People For Getting Stoned

By the time my 5-year-old daughter leaves for college, it’s quite likely that marijuana use will be broadly decriminalized. Alaska has become the most recent state to move toward legalization, placing an initiative on the ballot for an August vote. If it passes, Alaska would join Washington and Colorado, which have already made recreational use legal for adults.

The trend will probably continue, since 52 percent of Americans support legalization, according to the Pew Research Center. That’s good news — and not because I want my daughter to indulge.

Quite the opposite. Having grown up in the years of cannabis prohibition, I know all about the dangers of the weed. Even though I don’t accept the exaggerations of such propaganda as Reefer Madness, a 1930s-era film that portrayed pot-smoking as the road to destruction, I know that marijuana overuse is dangerous. That’s especially true for adolescents, whose brains are stunted by frequent pot-smoking, research shows.

Overindulgence in alcohol is dangerous, too. Yet the nation learned through wretched experience that Prohibition was worse. It bred a gaggle of violent criminals who trailed death and devastation in their wake. Their crimes were generated by the law itself: Making alcohol illegal did not stop its use; it merely fostered a huge and profitable black market.

The futile War on Drugs has done the same thing, promoting violent crime throughout the Americas and fueling the growth in prison populations. According to the FBI, about half of the annual drug arrests in the United States are for marijuana.

The so-called war has done its greatest damage in black America, decimating whole neighborhoods as young black men are locked up for non-violent crimes, then released with records that will restrict their employment opportunities for the rest of their lives.

At a time when policymakers are struggling to close a yawning income gap — to find ways to support equal opportunity for all — it makes no sense to criminalize a group of people for getting stoned. Not only does a drug record stigmatize them for life, but a prison sentence also forces them into close quarters with hardened criminals, making it more likely that they will graduate to violent crimes themselves.

And here’s the thing that’s especially galling: Whites don’t pay nearly the same price. (If they did, marijuana would have been legalized decades ago.) Although studies show that whites and blacks smoke pot at about the same rate, blacks are 3.7 times more likely to be arrested, according to a 2013 report by the American Civil Liberties Union. “The war on marijuana has disproportionately been a war on people of color,” Ezekiel Edwards, director of the ACLU Criminal Law Reform Project, said last year.

Even with all the evidence of the harm from the War on Drugs, though, many middle-aged and older Americans are still reluctant to support legalization of marijuana. That’s less true of the young. According to Pew, 65 percent of millennials — born since 1980 and now between 18 and 32 — favor legalization, up from just 36 percent in 2008.

Those less enthusiastic about legalizing pot point to risks, including a likely increase in rates of cannabis addiction. In addition, they note, legalization of marijuana would probably lead to increased calls for the decriminalization of much more harmful drugs, such as heroin.

There is no doubt that most narcotics are more dangerous than pot and may need to be treated differently. The recent death of actor Philip Seymour Hoffman is a stark reminder of that. But we can distinguish between cannabis and heroin just as we distinguish between Tylenol and Oxycontin.

Unfortunately, the federal government stubbornly clings to an outdated view, insisting that its law enforcement authorities will continue to view marijuana sales and possession as a crime. That’s dumb, and President Obama ought to know better. He has long admitted his youthful pot use, and he recently acknowledged in a New Yorker interview that it is no more dangerous than alcohol.

That doesn’t mean he wants his two daughters to smoke pot, any more than I want mine to. But I certainly don’t think any of them should go to jail if they do.

(Cynthia Tucker, winner of the 2007 Pulitzer Prize for commentary, is a visiting professor at the University of Georgia. She can be reached at cynthia@cynthiatucker.com.)

AFP Photo/Desiree Martin

14 States That Have Decriminalized Marijuana

14 States That Have Decriminalized Marijuana

 

Rhode Island became the 14th state in the union to decriminalize marijuana to some degree on Monday. In these states — unlike Washington and Colorado, which both legalized the drug by voter referendum — people who use pot can be punished under state law, but only by some means other than prison time. Typically, offenders will receive a violation akin to a traffic ticket.

Even state legalization doesn’t solve the conflict with the federal law that still prohibits any use of the drug under Schedule I of the Controlled Substances Act. However, it does make a dent in hundreds of thousands, if not millions, of Americans imprisoned for nonviolent drug crimes. And based on the 2012 election, it seems that more states will be pursuing the path of legalizing recreational use of the drug in a manner similar to alcohol.

The lack of a coherent federal policy makes enforcing state laws complex, and it also hinders a national policy to deal with the actual dangers of marijuana use, including dependence.

“There are three million people [nationally] who report that their lives are seriously interfered with by pot smoking and that’s particularly problematic for juveniles,” according to Mark Kleiman, the man who is helping Washington set up its state marijuana legalization regulations. “Six percent of high-school seniors are daily smokers and that can’t be good for their education.”

Studies suggest that decriminalization does not lead to increase in use of marijuana — ideally it would create an opportunity to engage in a more robust conversation about the risks of dependence.

Here are the states where marijuana isn’t necessarily a jail-able crime anymore.

Photo: Wikimedia Commons

Alaska

Sarah Palin

The sale or distribution of marijuana is still a crime in Alaska, but possession of up to four ounces in one’s home and  up to 24 private, noncommercial growing plants are acceptable under state law passed in 1975. Shortly thereafter the state’s Supreme Court became the first and only court to say that the right to privacy in the state’s Constitution protects an individual’s right to possess marijuana in one’s home for personal use.

AP Photo/Carolyn Kasher

California

In 2010, Gov. Arnold Schwarzenegger (R-CA) signed S.B. 1449. The law decriminalizes the possession of up to one ounce of marijuana and reduces possession from a misdemeanor to an infraction, treating possession of less than 28.5 grams like a traffic ticket, punishable by $100. Though the Governator supported decriminalization, he opposed Proposition 19, which would have legalized the drug. That measure was defeated in 2008.

Connecticut

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Gov. Dannel Malloy (D-CT) pushed for a marijuana decriminalization law that passed both state houses and was signed into law in 2011. “Rather than a $1,000 fine, a criminal record and possible jail time, offenders would pay a $150 fine for a first offense and a fine ranging from $200 to $500 for subsequent offenses,” NBC Connecticut reported.

Maine

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Gov. John Baldacci signed a law expanding the state’s decriminalization of marijuana making possession of up to 2.5 ounces as a civil violation without the inference that such an amount be presumed for sale. Possession of the drug above that amount and cultivation of more than 100 plants will be charged with an intent to distribute/sell and may result in jail time.

Photo: underwater

 

Massachusetts

Evelyn Moakley Bridge, Boston, MA

Under the state’s Sensible Marijuana Policy Initiative, decriminalized amounts of the drug less than one ounce and replaced a criminal charge with a $100 fine. The initiative was supported by prominent civic, business and religious leaders and 72 percent of the population. Since it became law, some localities have increased the punishment for being caught smoking in public.

Photo: Manu_J

Minnesota

Pawlenty 2012 conner395 via Flickr.com

Minnesotans who possess 1.5 ounces of cannabis can be charged with a misdemeanor punishable by a $200 fine and drug education. The state, however, aggressively prosecutes “drugged driving,” with up to 90 days in jail for the first offense.

Photos: Conner395

Mississippi

Mississippi State Flag

One of the most surprising states on the list, Mississippi has decriminalized possession of up to about an ounce of marijuana, 30 grams. “Even so, there were still 10,401 marijuana arrests and/or citations in 2007,” points out the Marijuana Policy Project. Possession of more than 30 grams is a felony — so there’s a fine line between decriminalized and very criminalized in this state.

Photo: StuSeeger

Nebraska

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The Cornhusker state also has decriminalized up to an ounce of marijuana. Offenders may receive a $300 fine. However, sale, distribution and “drugged driving” could easily result in jail time.

Photo: shannonpatrick17

Nevada

Bureaucrats In Vegas

This state has a unique “three-strikes” marijuana decriminalization. You can be fined for possession up to an ounce three times before facing felony charges. But bring more than ounce of marijuana to Las Vegas — as Hunter S. Thompson likely did — and you could be facing a mandatory minimum sentence for intent to distribute.

AP Photo/Isaac Brekken, File

New York

Sugary Drinks

Marijuana possession decriminalization is a hot issue in New York state, even though it has been decriminalized for up to 25 grams since 1977. A key provision of that law was that the drug has to be out of the public view. If the drug can be seen, possession becomes a misdemeanor with a potential punishment of incarceration for up to three months. As part of Mayor Bloomberg’s controversial “Stop and Frisk” program, New York City residents — often young African-American and Latino males — are randomly stopped and asked to empty their pockets. Once they do, the marijuana that they may be holding is suddenly in public view.

Lawmakers are consider amending the law to make possession in public view simply a violation, not subject to arrest. The proposed legislation only affects New York City.

Note: Possessing a 32-ounce soda is not yet a felony in the Big Apple.

AP Photo/Richard Drew, File

North Carolina

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Richard D. Allen, attorney at law, wants you to know that “in North Carolina, marijuana possession is absolutely a criminal offense!” However, the laws have been written so first-time offenders are not likely to serve jail time. Up to half an ounce of pot will get you a 30-day suspended sentence in jail and a $200 fine. Possession of over half an ounce and under 1.5 ounces will get 1-120 days in jail that you may be able to turn into community service and $500 fine.

Photo: taberandrew

Ohio

800px-Upham_Hall_Arch_Miami_University_Oxford_Ohio dfornal via Flickr.com Ultimate frisbee Ohio

If you’re going to get high in the Buckeye State, you’re only going to get charged with a minor misdemeanor, similar to a traffic violation, for possession of up to three ounces. But you will lose your driver’s license or any other professional license for six months. In 2012, the law was amended to make possession of drug paraphernalia (such as a bong) a minor misdemeanor as well.

Photos: dfornal

Oregon

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Oregon would have likely joined Colorado and Washington to become one of the first states to legalize recreational use of marijuana if the ballot resolution hadn’t included a rambling “High Times” preamble that included references to George Washington growing hemp. In 1972, it became the first state to decriminalize cannabis. The penalities were reduced in 1995. You’ll pay $1,000 if caught with less than an ounce — however, you could do 30 days in jail if you’re within 1,000 feet of a school. Sale of less than five grams is also only considered a violation, with a $1,000 fine and no jail time if caught.

Photo: JoeDuck