American Civil Liberties Union

In 1971, Richard Nixon declared a war, couched in terms that suggested that the onslaught of attacks would target and eliminate the presence of drugs in our country. But the so-called War on Drugs, it turned out, was given a deceiving title. Nixon had instead initiated a full-fledged war on the American people, one that has continued in full force for more than four decades, systematically targeting, punishing and marginalizing hundreds of thousands of our citizens – predominately people of color and in poverty. In recent years, critics of this misguided war have become increasingly vocal, spurring an outpouring of calls to end the government’s harmful, needless and costly battle on American citizens. Now, the tragic complexity of this failed war has been captured on film by director Eugene Jarecki in his award-winning documentary, The House I Live In, making its debut in theaters this Friday. The film compellingly documents the wasteful War on Drugs from numerous critical angles by bearing witness to the stories of prison guards and prisoners, judges and police officers, and the families left behind after their loved ones were thrown in prison.

The Supreme Court ruled today that the Fair Sentencing Act of 2010 (FSA), which reduced the disparity in federal sentencing between crack and powder cocaine, applies to people whose offenses pre-date the law but who were sentenced after its passage. Read the opinion here.

The FSA was passed to correct the problems with the Anti-Drug Abuse Act of 1986, which created an unfair sentencing scheme that unequally punished comparable offenses involving crack and powder cocaine — two forms of the same drug – and resulted in racially biased sentencing. To remedy the fact that the 100:1 ratio was without penological or scientific justification, and that it resulted in black defendants suffering significantly harsher penalties than white defendants, Congress passed the FSA and reduced the ratio from 100:1 to 18:1. As we’ve written before, the new ratio is a step in the right direction, although the only truly fair and empirically sound ratio would be 1:1.

In 2000, Colorado voters approved an amendment to their state constitution that allows patients suffering from conditions like cancer, glaucoma and HIV/AIDS to use medical marijuana when a doctor has advised them to do so. The amendment to the Colorado constitution provides that these patients "may engage in the medical use of marijuana" and that they will have an affirmative defense against state criminal charges relating to their use of medical marijuana.