American Civil Liberties Union

Drug Policy:
The ACLU Drug Law Reform Project is a division of the national ACLU. Our goal is to end punitive drug policies that cause the widespread violation of constitutional and human rights, as well as unprecedented levels of incarceration.



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Drug Policy : Search and Seizure : Press Releases

ACLU Praises USSC for Change to Federal Drug Sentencing Guidelines (11/01/2007)
Washington, DC – The American Civil Liberties Union today praised the U.S. Sentencing Commission (USSC) for taking action to bring the guideline ranges for crack cocaine federal sentences back in line with the mandatory minimum statute. As a result of the previous guidelines, crack cocaine defendants sentenced to the mandatory minimums often served many more months than required by the law for their offense.

ACLU Issues Official Demand for Governor to Halt Random Drug Testing of Educators (10/04/2007)
HONOLULU - The American Civil Liberties Union served Governor Lingle a formal demand letter today calling for an end to the State’s plan to randomly drug test many public school employees, including teachers and librarians. The ACLU has so far been contacted by more than 150 educators seeking to challenge the random drug testing policy.

U.S. Supreme Court Weighs 100-to-1 Disparity in Crack/Powder Cocaine Sentencing (10/02/2007)
WASHINGTON - The United States Supreme Court heard arguments today regarding the ability of judges to depart from the notorious 100-to-1 crack/powder cocaine sentencing disparity. The American Civil Liberties Union filed a friend-of-the-court brief in the case, Kimbrough v. U.S., arguing that federal judges have discretion under existing law to reject this disparity and issue more lenient sentences than those called for by federal sentencing guidelines for crack offenses.

Members of Congress Ask DEA to Stop Obstructing Medical Marijuana Research (09/18/2007)
Washington, D.C. – A letter signed by 45 members of the U.S. House of Representatives will be delivered today to the U.S. Drug Enforcement Administration (DEA) demanding an end to the obstruction of scientific research aimed at developing marijuana as a legal prescription medicine.

ACLU Announces Legal Challenge to First-Ever Random Drug Testing Policy for Public School Educators (09/14/2007)
HONOLULU -- The American Civil Liberties Union is convening a series of local events to announce its legal challenge to a state policy that will randomly drug test many public school employees, including teachers, librarians and many administrative workers. Saying that the drug testing program violates adults’ constitutional right to privacy, is ineffective and costly, the ACLU is currently seeking Hawaii public school employees to participate in a lawsuit against the State that will soon be filed in federal court.

Coalition Launches Public Education Initiative to Bring Fairness to Crack Cocaine Sentencing (08/09/2007)
WASHINGTON – A coalition of criminal justice advocacy organizations is launching "It's Not Fair. It's Not Working," a national effort to reform the 100-to-1 federal sentencing disparity ratio between crack and powder cocaine which results in excessive mandatory minimum sentences for first-time possession of small amounts of crack cocaine. The initiative will officially launch at the National Association of Black Journalists 32nd Annual Convention August 8-12, 2007 in Las Vegas, Nevada.

Students in Kent County School Drug Sweep Case Win Landmark Settlement (08/06/2007)
KENT COUNTY, MD - Three years after taking a courageous stand against excessive police action at their public high school, two young women from Kent County have won what the American Civil Liberties Union of Maryland is calling the most significant settlement of a school search case in Maryland history - including $285,000 in monetary damages and written apologies from both the school system and Sheriff's Department.

As Major Medical Marijuana Vote Nears, Congressional Scrutiny of DEA Reaches Fever Pitch (07/25/2007)
Washington, DC - The U.S. House of Representatives is expected to vote today on an amendment that would prohibit the U.S. Drug Enforcement Administration (DEA) from raiding and arresting medical marijuana patients and providers in states that have made medical marijuana legal under state law. The "Hinchey Amendment," offered by U.S. House of Representatives member Maurice Hinchey (D-NY) during consideration of the Commerce, Justice, Science Appropriations bill, would prevent the U.S. Department of Justice from spending funds to interfere with medical marijuana in any state that has authorized medical marijuana use.

Congress Scrutinizes the Use of Informants in Drug Law Enforcement Following Accidental Shooting of 92-Year-Old Woman (07/19/2007)
WASHINGTON – The House Judiciary Committee held hearings today to examine the dangers of the informant system as used in drug law enforcement. Today’s hearing was prompted by the tragic death of a 92-year-old Atlanta woman, Kathryn Johnston, who was shot during a botched SWAT raid of her home. The raid was based on information fabricated by police, who falsely attributed the misinformation to a confidential informant. Civil rights advocates and members of Congress called for an overhaul of the informant system, instituting oversight mechanisms and safeguards to prevent future injustices.

Court Upholds Law Making Marijuana Santa Barbara’s Lowest Law Enforcement Priority (07/10/2007)
SANTA BARBARA, CA - The American Civil Liberties Union applauded today’s ruling by a California Superior Court judge to uphold a voter-enacted initiative that directs police to focus resources on serious crime by making marijuana use the lowest law enforcement priority. Citing California’s ban on lawsuits that punish public participation in the political process, the court dismissed the city of Santa Barbara’s challenge of the law, known as Measure P, which was brought against Heather Poet because she was the proponent of the challenged initiative.

ACLU Applauds Governor for Signing Texas’ First Needle Exchange Bill (06/14/2007)
AUSTIN – The American Civil Liberties Union of Texas today applauded Governor Rick Perry for signing a Medicaid reform bill authorizing the first legal needle exchange program in Texas. The new law brings Texas up to date with most other states in the nation by starting a safe, legal needle exchange pilot program in Bexar County this fall.

Medical Marijuana One Step Away from FDA Development Process (05/23/2007)
WASHINGTON D.C. – A U.S. Department of Justice-appointed judge submitted her final recommendation to the U.S. Drug Enforcement Administration (DEA) on May 15, calling on the agency to end a forty-year government monopoly on the supply of research-grade marijuana available for Food and Drug Administration (FDA)-approved studies. With this monopoly broken, new studies could lead to medical marijuana’s availability in pharmacies as a legal, prescription drug. DEA Deputy Administrator Michele Leonhart must now accept the judge’s recommendation in order for the ruling to take effect, though she has no deadline for doing so and may choose to reject the recommendation.

ACLU Calls USSC Federal Sentencing Report a Step in the Right Direction (05/15/2007)
Washington, DC - The ACLU today responded to the U.S. Sentencing Commission’s release of its 2007 Report to Congress on Cocaine and Federal Sentencing Policy. Under current law, distribution of just five grams of crack cocaine carries a minimum five-year federal prison sentence; distribution of 500 grams of powder cocaine carries the same sentence. This 100:1 sentencing disparity has devastated African-American and low-income communities, targeting low-level offenders while failing to address the larger problem of the drug trade.

ACLU Defends Sponsor of Marijuana Initiative from Attack by Santa Barbara City Council (05/08/2007)
SANTA BARBARA, CA – Citing California’s ban on strategic lawsuits against public participation (“SLAPP”), the American Civil Liberties Union today moved to dismiss a legal challenge brought by the Santa Barbara City Council seeking to thwart a new law, enacted through voter initiative, that directs police to focus resources on violent and serious crime by making marijuana use the lowest law enforcement priority. The Council’s lawsuit was brought against the initiative’s sponsor based solely on her participation in the political process.

U.S. Sentencing Commission Issues New Recommendations on Federal Sentencing Guidelines (04/28/2007)
Washington - In a public hearing Friday evening, the United States Sentencing Commission voted to amend the Federal Sentencing Guidelines for federal crack cocaine offenses. Distributing just five grams of crack for example, carries a minimum five-year federal prison sentence, while distributing 500 grams of powder cocaine carries the same sentence.

ACLU Renews Fight to Overturn Law That Denies Financial Aid to Students With Drug Convictions (04/16/2007)
ST. LOUIS, MO -- The American Civil Liberties Union today filed an appeal asking that a federal court be compelled to weigh the full body of evidence in determining the constitutional validity of a provision of the Higher Education Act that denies financial aid to students convicted of a drug offense. The U.S. District Court for the District of South Dakota dismissed the case last year after refusing to consider significant legislative history demonstrating the law to be unconstitutional.

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