Home : Drug Policy

ACLU Challenges Unlawful Strip Search Over Ibuprofen Allegation In School (03/03/2008)
SAN FRANCISCO - In legal papers delivered today, the American Civil Liberties Union joined an ongoing case to represent a 13-year-old girl unconstitutionally strip searched by school officials after a classmate’s uncorroborated accusation of ibuprofen possession. A divided three-judge panel of the U.S. Ninth Circuit Court of Appeals ruled the search constitutional on September 21, 2007. The panel’s 2-1 decision, which greatly expands the circumstances under which schools may strip search students, will now be reviewed by the full Ninth Circuit.

Advocates Stand Together for Fairness in Federal Sentencing (02/26/2008)
Washington, DC – On Tuesday, February 26, activists from around the country, civil rights and professional organizations stood together to call for much-needed reform to the country’s federal sentencing laws. This press briefing and lobby event marked the culmination of a month-long series of events aimed at addressing the 20-year-old sentencing disparity between crack and powder cocaine. According to current guidelines, a conviction for the sale of 500 grams of powder cocaine results in a 5-year mandatory minimum sentence, while the same penalty is triggered for sale or possession of only 5 grams of crack cocaine.

Senate Committee Hears Testimony on Need to Reform 100-to-1 Crack/Powder Federal Sentencing Disparity (02/12/2008)
Washington, DC – The ACLU submitted testimony to the Subcommittee on Crime and Drugs of the Senate Judiciary Committee for today’s hearing, titled "Federal Cocaine Sentencing Laws: Reforming the 100-to-1 Crack/Powder Disparity." The purpose of this hearing is to address the wide disparity between federal sentencing guidelines for crack versus powder cocaine. October 2006 marked the 20th anniversary of the 1986 Anti-Drug Abuse Act. In the years since its passage, many of the myths surrounding crack cocaine have been dispelled, and it has become clear that there is no scientific or penological justification for the 100-to-1 disparity.

Hawaii Governor Wrong that Demise of Random Drug Testing Program Puts Teacher Pay Raise at Risk (02/01/2008)
HONOLULU – A diverse group of legal and labor experts and public school educators delivered a letter to Governor Linda Lingle today demanding that she retract legally baseless threats to withhold teachers’ pay raises. In response to the Board of Education’s decision last week not to divert money from Hawaii’s classrooms to fund a random teacher drug testing program, Lingle threatened to deny teachers a pay raise included in their current contract.

ACLU Responds to Mukasey’s Remarks on Federal Sentencing Guidelines (01/28/2008)
Washington, DC – The American Civil Liberties Union criticized remarks Attorney General Michael Mukasey made on Friday suggesting he would seek to derail a decision by the U.S. Sentencing Commission to apply recent changes in federal crack cocaine sentencing guidelines retroactively.

ACLU Applauds Hawaii Board of Education’s Rejection of Random Teacher Drug Testing and Condemns Governor’s Threat to Withhold Wages (01/25/2008)
HONOLULU – The American Civil Liberties Union applauded the Hawaii State Board of Education for its decision not to fund the random drug testing of Hawaii’s educators. In a unanimous vote yesterday evening, the Board of Education rejected a motion that would have allocated $400,000 just to initiate the random testing policy – additional funds would be necessary to conduct the actual random tests. In response to the Board’s decision, Governor Linda Lingle today threatened to withhold a wage increase included in the teachers’ union’s most recent contract.

ACLU Sues Sheriff’s Deputies to Uphold New Mexico Marijuana Law (01/17/2008)
CARLSBAD, NM – A paraplegic man is suing Eddy County Sheriff's deputies for seizing marijuana plants and equipment to grow marijuana, which he uses to control pain resulting from a spinal cord injury. Leonard French received a license to cultivate and use small quantities of marijuana for medicinal purposes from the state of New Mexico under the Lynn and Erin Compassionate Use Act. The American Civil Liberties Union of New Mexico, which represents French, says the deputies' actions violated not only that law, but also state forfeiture laws and a constitutional prohibition on unreasonable searches and seizures.

ACLU Hopes Candidates Won’t Make Straw Man of Sensible Sentencing Reforms (01/07/2008)
Washington, DC – The American Civil Liberties Union Washington Legislative Office, a non-partisan organization, believes Senator Hillary Clinton (D-NY) was mistaken when she called ending mandatory minimum sentences a controversial position. The organization urges all candidates, from all parties, to oppose mandatory minimum sentencing and support legislation to close the sentencing disparities between crack and powder cocaine.

ACLU Joins Representative Jackson-Lee’s Call for Sentencing Fix (12/18/2007)
Washington, DC – The American Civil Liberties Union today joined Representative Sheila Jackson-Lee (D-TX) at a press conference calling for a fix to the unfair federal crack cocaine sentencing policy. The ACLU also urged Congress to support Rep. Jackson-Lee’s recently introduced legislation, H.R. 4545, the “Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007.” This bill would eliminate sentencing disparities between crack and powder cocaine as well as the current mandatory minimum for simple possession. In addition, the legislation establishes grants for drug treatment programs, gives the U.S. Sentencing Commission discretion to review sentencing enhancements for crack offenses, and attempts to focus federal resources on major drug dealers.

ACLU Cheers USSC Decision to Apply New Drug Sentencing Guidelines Retroactively (12/11/2007)
Washington, DC – The American Civil Liberties Union today applauded the U.S. Sentencing Commission’s decision to apply recent changes in federal crack cocaine sentencing guidelines retroactively. Thousands of offenders were sentenced under the previous guidelines, which unfairly and erroneously required them to serve more than the mandatory minimum sentence required by law. Thanks to the USSC’s decision, such offenders will now have the opportunity to appear before the court and have their case reviewed by a judge.

Supreme Court Gives Judges Greater Leeway in Drug Sentencing (12/10/2007)
NEW YORK – By a 7-2 vote, the U.S. Supreme Court ruled today in Kimbrough v. United States that it is no longer mandatory for federal judges to adhere to the federal Sentencing Guidelines, which provide for disparate sentences for crack and cocaine offenses. The United States Sentencing Commission has itself rejected the 100:1 disparity as unreasonable.