Drug Law Reform

The Marijuana Fight Comes to Congress (Again)

By Meghan Groob, Media Relations Associate, ACLU at 5:03pm

Washington and Colorado made big news on Election Day last year when residents voted to legalize small amounts of recreational marijuana – could the federal government be next? Last week, two bills were introduced in the House of Representatives aimed at resolving the difference between laws in states like Washington and Colorado and federal law.

As The "Drug Testing Dragnet" Widens, The Poor Continue to be Swept In

By Jason Williamson & Rebecca McCray, ACLU Criminal Law Reform Project at 2:05pm

Heads up: mandatory, suspicionless drug testing is not just about violating your Fourth Amendment rights anymore...

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 4:56pm

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.

The Bittersweet Victory of Patricia Spottedcrow’s Release

By Rebecca McCray, ACLU Criminal Law Reform Project at 2:16pm

Patricia Spottedcrow of Oklahoma made headlines in 2010 when she was sentenced to 12 years in prison for her first criminal offense: the sale of a $31 bag of marijuana to an undercover informant. The senseless severity of her sentence caught the attention of advocates who quickly moved to support Spottedcrow, spawning a grassroots uprising that led to a highly unusual decrease in her sentence and, ultimately, to her early release on parole.

President Obama Must Tackle Criminal Justice Reform in His Second Term

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.

The Incomplete Story Told by California’s Declining Juvenile Arrest Rates

By Will Matthews, ACLU of Northern California & Rebecca McCray, ACLU Criminal Law Reform Project at 2:20pm

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.

In the Race for Sensible Drug Policy, U.S. Snoozes on the Sidelines

By Rebecca McCray, ACLU Criminal Law Reform Project at 11:47am

Olympics season is upon us, and there’s no shortage of news in which the United States is heralded as the global frontrunner. Beyond athletics, America tends to pride itself on being innovative and forward-thinking on many issues of law and policy, professing to set an example for the rest of the world. But when it comes to our stagnant approach to drug policy, other countries have surpassed us repeatedly by leaps and bounds. From Portugal to Switzerland to Guatemala, it’s as if the rest of the world aced a public health class that the United States skipped because it was too busy fighting a failed, costly “war on drugs.”

Gil Kerlikowske: Please Put Our Money Where Your Mouth Is

By Rebecca McCray, ACLU Criminal Law Reform Project & Emma Andersson, Criminal Law Reform Project at 4:02pm

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?

Supreme Court Makes the Right Call: "Social Sharing" of Marijuana Not an Aggravated Felony Under Immigration Laws

By Molly Lauterback, Immigrants' Rights Project & Rebecca McCray, ACLU Criminal Law Reform Project at 2:53pm

In a 7-2 decision this week, the U.S. Supreme Court held that the "social sharing of a small amount...

Breaking the Addiction to Incarceration: Weekly Highlights (1/4/2013)

By Alex Stamm, ACLU Center for Justice at 4:21pm

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.

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