Drug Law Reform

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 9:52am

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.

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 12:34pm

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.

ACLU in NYT: Commutations are Good, Addressing Systemic Injustice is Better

By Will Matthews, ACLU of Northern California at 1:19pm

Borrowed from the British monarchy and codified in the United States Constitution after lively debate at the Philadelphia Convention, the power of pardon and commutation was bestowed upon American presidents because of the recognition that injustices can and do occur in our criminal justice system.

An example of those injustices is the unfair and racially biased 18-to-one crack-cocaine sentencing disparity, which was reduced last year from 100-to-one after Congress passed the Fair Sentencing Act. The disparity has contributed to hundreds of thousands of non-violent drug offenders, a disproportionate number of whom, like Hamedah Hasan, are people of color, serving indefensibly long sentences behind bars.

NYPD Pot Arrests Habit Proves Tough to Break

By Jennifer Carnig, New York Civil Liberties Union at 5:20pm

The NYPD has a pot problem. For more than a decade, its officers have made a massive habit of unlawfully arresting New Yorkers for carrying small amounts of marijuana in their pockets or bags. It’s proving to be a tough habit to break, despite NYPD Commissioner Ray Kelly’s recent acknowledgment of the problem.

Medical Marijuana: A Cure, Not a Crime

By Rachel Myers, ACLU at 10:40am

Joseph Casias has battled sinus cancer and an inoperable brain tumor for more than a decade. His condition has required extensive treatment and chemotherapy, interferes with his ability to speak, and is a source of severe and daily pain. The pain relief medicine prescribed by Joseph's oncologist helped a little, but he continued to experience constant pain as well as nausea, a side effect of the medication.

Luckily, Joseph lives in Michigan, where a voter-enacted statute allows the use of marijuana to treat certain severe medical conditions like his. Joseph's oncologist recommended that he try marijuana in accordance with the state law; he did, and immediately found it very helpful to treat his condition.

Big Step Forward: NYPD Orders Officers to Stop Unlawful Marijuana Arrests

By Donna Lieberman, New York Civil Liberties Union at 4:02pm

NYPD Commissioner Ray Kelly has issued a directive ordering officers to stop arresting people for misdemeanor marijuana possession when the pot only becomes "public" because an officer has searched a person or directed the person to empty his or her pockets.

Got Urine? ACLU Sues College Over Mandatory Drug Testing

By Rachel Bloom, ACLU at 5:12pm

Today the ACLU filed suit in federal court to stop Linn State Technical College, a public college in Missouri, from drug testing all of their incoming students with no suspicion of wrongdoing. Six brave students have stood up to administrators to demand that their Fourth Amendment rights not be violated, and that this senseless intrusion must end.

Pass a Drug Test Before You Can Pass a Class

By Rachel Bloom, ACLU at 5:05pm

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.

What a way to welcome back the student body.

Told You So: Florida's New Drug Testing Policy Already Costing Taxpayers More

By Rachel Bloom, ACLU at 5:57pm

We've told you a few times about Florida's horrible new law that drug tests all families applying for cash benefit welfare applicants. The law, which went into effect July 1, makes applicants front the cost of the drug test and reimburses individuals if they test negative.

The ACLU and others predicted this program would be a failure and cost the state of Florida much more money than they would save. Guess what? In just the few weeks that the program has been in effect we have been proven right.

Smoke Pot, Lose Your Kid (If You're Black)

By Rachel Bloom, ACLU at 11:18am

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.

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