By Kara Dansky, Senior Counsel, ACLU Center for Justice at 11:19am
President Obama is the first sitting president in recent history to speak out against criminal justice policies that hurt inner city and rural communities. This is a big deal.
This week, a college in Missouri broke the law and violated the Fourth Amendment rights of its students. Linn State Technical College became the first public institution of higher learning to implement mandatory drug testing of all new students, as well as those returning from extended leaves of absence.
Today, the U.S. has the highest incarceration rate of any country in the world. With over 2.3 million men and women living behind bars, our imprisonment rate is the highest it’s ever been in U.S. history. And yet, our criminal justice system has failed on every count: public safety, fairness and cost-effectiveness. Across the country, the criminal justice reform conversation is heating up. Each week, we feature our some of the most exciting and relevant news in overincarceration discourse that we’ve spotted from the previous week. Check back weekly for our top picks.
Politicians over the last quarter-century have held strong to the conventional wisdom that being "tough on crime" will win elections and appease the public's appetite for safety. And for the most part, it seems Americans did feel this way (if you don't think so, just ask Michael Dukakis). To alleviate the public's overblown fear, or even to slake a thirst for retribution, our lawmakers have repeatedly deemed more private acts criminal and doled out harsher punishments for a generation. They selectively enforced these laws against the "feared" Black and brown communities, and in the end gave us a massive, unsustainable prison population unlike anything the world has ever seen.
Some readers may recall the story of Joseph Casias, the model employee who was fired from his job at Wal-Mart for using medical marijuana in accordance with state law. The ACLU was in court today to argue that an appeals court should reinstate a lawsuit we filed on Casias' behalf, charging Wal-Mart and the manager of its Battle Creek, Mich., store with wrongfully firing him.
I have some friends who grew up in homes where their parents smoked pot. Their parents also loved them, fed them, clothed them, quizzed them for exams, nursed them when they were sick, cheered their accomplishments and sent them off into the world well-equipped to handle life's challenges. None of these parents neglected their children or jeopardized their children's safety.
But New York City's child welfare system sees things differently. They believe that possession of minor amounts of marijuana is grounds to take a happy and safe child away from his or her parents.
A recent study from the Center on Juvenile and Criminal Justice (CJCJ) demonstrates that decriminalization of marijuana can actually improve our children’s futures while saving taxpayers billions of dollars.
In 2011, Senate Bill 1449 was implemented, which reduced the punishment for simple marijuana possession from a misdemeanor criminal offense to a civil infraction punishable by a fine of no more than $100. Data from the California Department of Justice’s Criminal Justice Statistics Center for 2011 reveals an impressive 20 percent decrease in overall youth arrests in the state compared to the previous year, and a 60 percent decrease in marijuana arrests. The CJCJ analysis determined that the “largest contributor to [the overall] decrease was a drop of 9,000 in youths’ low-level marijuana possession arrests” since the passage of SB 1449.
On Wednesday, the Obama Justice Department issued a new memo to all U.S. Attorneys clarifying the DOJ's position on federal prosecutions of state-sanctioned medical marijuana use. It's not good news.
According to Deputy Attorney General James M. Cole, the new Obama DOJ policy states that only medical marijuana patients and caregivers should be left alone by federal prosecutors. But those who cultivate or distribute marijuana are fair game. Cole writes:
U.S. Drug Czar Gil Kerlikowske has his work cut out for him. A revealing recent interview suggests he favors a more treatment-based approach to drug policy than his predecessors, but he has no illusions about the daunting task of de-stigmatizing addiction and aligning America’s drug policies with the extensive evidence that a public health approach will serve our country far better than the failed War on Drugs. It’s great that the national discussion about drug use and addiction is changing course, even among high-powered folks like Kerlikowske, but our laws and practices have many miles to go to catch up with the trends in conversation. Fifty percent of our federal prisoners – and almost 20 percent of state prisoners – are incarcerated for drug offenses. And this isn’t just cracking down on “hard” drugs - Marijuana arrests accounted for more than half of all drug arrests in 2010. All of this has a disproportionate and devastating impact on Black Americans, who are three times more likely to be arrested for a marijuana offense even though whites use marijuana at a higher rate. So the question is: can the Office of National Drug Control Policy (ONDCP) follow through on Kerlikowske’s newfound enlightenment?
Voters in Washington state, along with those in Colorado, made history on Election Day by passing laws that legalize, tax, and regulate marijuana for adults 21 and over. Washington's law, Initiative 502 (I-502), passed with an 11-point margin, sending a clear message that the public is ready for a change in policy.
As of today, possession of an ounce or less of marijuana is legal under Washington state law. During a year-long rulemaking process that will end next December, the State Liquor Control Board will create a tightly regulated system that licenses the production, processing, and selling of marijuana. Marijuana will be sold in standalone stores very similar to Washington’s old hard alcohol stores. Private entities licensed by the state will produce, process, and sell marijuana, and it will be taxed at each step along the way.
