Mandatory Minimums

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Categories: Mandatory Minimums

Chronicle AM: No MedMJ for Vets This Year, Senate Takes Up Opioid Package, More.... (9/11/18)

Mandatory Minimum Sentencing (STDW) - Tue, 09/11/2018 - 20:14

A congressional conference committee has killed medical marijuana for veterans, the Senate is set to take up a package of opioid bills, the West African Commission on Drugs releases a model law for drug decriminalization, and more.

[image:1 align:left caption:true]Marijuana Policy

California Governor Vetoes Mandatory Minimum Penalties for Pot Shops That Sell to Minors. Gov. Jerry Brown (D) on Monday vetoed a bill that set mandatory minimum penalties for marijuana shops caught selling weed to minors. The bill would have imposed mandatory 15-day license suspensions for a first offense, 25-day suspensions for a second, and revocation for a third offense. But "this bill is not necessary," Brown said. "The bureau already has the authority to revoke, suspend, and assess fines if a licensee sells to a minor."

Medical Marijuana

Congress Removes Military Veteran Medical Marijuana Provision from Funding Bill. A conference committee working on final details for the Veterans Affairs appropriations bill has decided not to include a provision allowing VA doctors to recommend medical marijuana to veterans. The Senate bill included the provision, but the House version did not. Two years ago, both houses passed VA spending bills that included versions of the provision, but that, too, was excised in conference committee.

Heroin and Prescription Opioids

Senate Expected to Vote on Opioid Legislation This Week. Senate leaders announced late last week they had reached an agreement to bring a package of bills aimed at the opioid crisis to a Senate floor vote this week. The Senate will consider a substitute amendment to the opioids package that passed the House in June. Progress had stalled over Democratic concerns that a grant program would benefit only one addiction advocacy group. That has now changed. There remains a divergence between the House and Senate packages regarding requirements for Medicaid to cover treatment at more inpatient facilities and loosening privacy protections for medical records for substance abuse patients.

Sentencing Policy

Ohio Governor Candidates Clash Over Drug Possession Defelonization Initiative. Buckeye State voters will have a chance to vote to defelonize drug possession in November with the Issue 1 constitutional amendment initiative. The amendment would also bar any jail time for a first or second offense within 24 months. Mike DeWine, the Republican candidate for governor, opposes it, saying it "takes vital tools away from judges." Democratic candidate for governor Richard Cordray, however, supports it, saying its passage would "set the way toward a policy of being smart on crime in the future, smart on how we use taxpayers' dollars, smart on how we build people's potential to be productive citizens in our society."

International

Expert Group Publish Blueprint for West Africa Drug Decriminalization. The West Africa Commission on Drugs has published a "model law" for decriminalizing drug possession and reducing related harms in West Africa. The commission is currently chaired by former Nigerian President Olusegun Obasanjo, who said on Tuesday: "West Africa faces three dangers from drugs: organized crime, corruption, and harms to people who use drugs. Our current laws increase those harms rather than help,"

This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Categories: Mandatory Minimums

Chronicle AM: Utah MedMJ Poll, OK Sentencing Report, Colombia Pot Crackdown, More... (9/7/18)

Mandatory Minimum Sentencing (STDW) - Fri, 09/07/2018 - 20:33

A new Utah poll has the medical marijuana initiative still doing well, Los Angeles cracks down on illicit pot shops, the US and Ecuador renew cooperation in anti-drug air operations, Bolivia's Evo faces problems, and more.

[image:1 align:left caption:true]Marijuana Policy

Los Angeles Arrests More Than 500 in Crackdown on Illicit Pot Shops. A crackdown on unlicensed marijuana businesses in the city has ended with more than 500 people arrested on misdemeanor charges, the city attorney's office said. The charges come in 120 separate criminal cases filed in connection with 105 unlicensed businesses. The defendants are charged with unlicensed commercial cannabis activity within the city, which carries a potential sentence of six months in jail and $1,000 in fines. There are 165 licensed pot shops and delivery services in the city, but many shops persist in selling without a license.

Medical Marijuana

New Utah Poll Shows Continuing Support for Medical Marijuana Initiative. Despite the Church of Latter Day Saints coming out against the Proposition 2 medical marijuana initiative, support for the measure remains strong, a new poll finds. The poll had 64% either "somewhat" or "strongly" in support of the measure.

Foreign Policy

Ecuador, US to Resume Anti-Drug Air Operations. Ecuador said Thursday it is resuming anti-drug air operations with the US a decade after throwing out the US from the Manta air base. Then President Rafael Correa canceled the cooperation in 2009, saying the US military presence threatened national sovereignty, but current President Lenin Cerna, who is friendlier to the US, has tightened ties with the US.

Sentencing

Oklahoma Could Cut Prison Population in Half, Report Says. A new report from the American Civil Liberties Union's Campaign for Smart Justice and the nonpartisan policy organization the Urban Institute finds that Oklahoma has surpassed Louisiana in having the most prisoners per capita, but that the state can take measures to reduce the prison population. Those include ending mandatory minimum sentencing, shifting more discretionary power in sentencing to judges, but the report said the move that would have the most dramatic impact on population would be to focus on drug sentences. The report recommended slashing the time served for drug distribution by 60%, from an average of 3.3 years to 1.3 years. That move alone would create a 22.5% drop in the prison population by 2025, the report said.

International

Bolivian Coca Farmers Demonstrate Against Their Former Coca Grower President. Thousands of coca growers took to the streets of La Paz on Wednesday in opposition to the government of President Evo Morales, himself a former coca grower and union leader. The protestors say the government's coca eradication efforts have hurt their livelihoods and led to the death of at least two of the members.

Colombian Riot Police Break Up Bogota Marijuana "Smoke-a-Thon". Riot police in Bogota on Thursday broke up a "smoke-a-thon" defending the use of marijuana. The demonstration was called to protest President Ivan Duque's moves to tighten the country's drug laws, which allow people to possess small amounts of marijuana. Duque recently issued a decree allowing police to seize any drug consumed in public. The Bogota demonstration was quickly dispersed, with at least a half-dozen people arrested as clashes broke out.

Nigerian Presidential Candidate Wants to Make Country Marijuana Export Giant. Omoyele Sowore, a publisher and presidential hopeful in Nigeria says he will make the country a marijuana exporting hub if elected as president. Sowore said many other countries are making billions from the plant, while people in Nigeria are being jailed for it. "Some of the best weeds in the world are grown in Ekiti state. I'm very serious. People are making billions out of that particular plant that is very potent in Nigeria. We should be focusing on it. We have to start taking care of our weed (Igbo), such that we can also contribute to the GDP of the world," he said. "Our NDLEA (National Drug Law Enforcement Agency) should get the notice, memo in advance that Nigeria will be exporting weed to cure cancer in other parts of the world. Instead of chasing after people who are growing weed whereas we are not chasing after our politicians who are smoking cocaine in their houses."

Categories: Mandatory Minimums

Chronicle AM: Colombia Moves Backwards on Drug Policy, NYPD Pot Arrests Now Halted, More... (9/4/18)

Mandatory Minimum Sentencing (STDW) - Tue, 09/04/2018 - 20:56

Colombia's new president moves resolutely backward on drug policy, New York City's era of mass marijuana possession arrests is over, the California legislature has been busy, and more.

[image:1 align:left caption:true]Marijuana Policy

California Lawmakers Pass Bill that Will Support Local Cannabis Equity Programs to Increase Representation in the Industry by Persons from Communities Most Harmed by Cannabis Prohibition. The legislature has approved Senate Bill 1294, which helps create equity in the cannabis industry through the distribution of grants to localities offering assistance to persons most harmed by cannabis prohibition and generational poverty. SB 1294 will offer grants to localities with existing equity programs -- such as Los Angeles, Oakland, Sacramento, and San Francisco -- to support them as they offer equity-qualifying applicants and licensees business loans and grants, regulatory compliance and technical assistance, and licensing fee waivers. SB 1294 reflects a nationwide movement to ensure that this growing industry is representative and accessible to all persons, no matter their financial or criminal history background. Advocates, entrepreneurs, and local governments now call on Gov. Jerry Brown (D) to sign this important measure.

Delaware Governor Signs Marijuana Expungement Bill Into Law. Gov. John Carney (D) last Friday signed into law Senate Bill 197, which "provides mandatory expungement eligibility to individuals who were convicted of the possession [of one ounce or less], use or consumption of marijuana prior to Delaware's decriminalization of these offenses." The provision only applies to people who have no other criminal convictions on their records.

New York City Change in Marijuana Arrest Policy Now in Effect. As of Saturday, the NYPD is no longer arresting people for small-time marijuana use or possession in most cases. The city arrested more than 10,000 people on such charges last year. Officials said the change came because the arrests had nothing to do with public safety and were racially disproportionate. "Our new policy, we're going to see a humongous drop in people in communities of color being arrested for marijuana," NYPD Chief Rodney Harrison said. "And that was one of the whole goals of this whole new policy."

New Psychoactive Substances

DEA Makes Synthetic Cathinone Schedule I Substance. The DEA last Friday announced it was placing the synthetic cathinone N-Ethylpentylone into Schedule I of the Controlled Substances Act. This is a temporary scheduling action good for up to 24 months, during which time research will be conducted to see if the drug should be permanently scheduled. DEA said the drug was linked to 151 deaths in the US since 2015.

Sentencing Policy

California Lawmakers Pass Bill Giving Judges the Power to Set Aside Ineffective and Punitive Five-year Sentence Enhancement. The legislature last Friday gave final approval to Senate Bill 1393, which would restore judicial discretion to the application of a five-year sentence enhancement for each prior serious felony on a person's criminal record. Current law requires judges to add an additional five-years to cases, even when the judge believes that the punishment is unjust and unwarranted. If signed into law, judges would have maximum flexibility during the penalty phase of a trail to impose, or not impose, the additional five-years. A coalition of people who are directly impacted, their families, service providers, and advocates now call on Gov. Jerry Brown (D) to sign this important measure.

International

Colombian President Moves to Recriminalize Drug Possession. President Ivan Duque announced on Sunday measures to give police the power to seize personal use quantities of drugs that had previously been legalized. "This week will sign the decree through which, in development of the police code 02 of the 2009 legislative act, we will give the authorities tools to confiscate any dose of drugs or hallucinogens in the streets of Colombia, and thus face the root of micro-trafficking problems," said Duque. The measures would appear to contradict rulings by the country's Constitutional Court, which in 2012 approved the decriminalization of small amounts of cocaine and marijuana for personal use.

Categories: Mandatory Minimums

Chronicle AM: NYC Overdose Action March, US Sentencing Commission Sets Priorities, More... (8/31/18)

Mandatory Minimum Sentencing (STDW) - Fri, 08/31/2018 - 20:43

The police chief in Oklahoma City wants pot busts downgraded, the US Sentencing Commission sets policy priorities for the next 18 months, marchers demand New York Gov. Andrew Cuomo take action on the state's overdose crisis, and more.

[image:1 align:right caption:true]Marijuana Policy

Oklahoma City Police Chief Wants to Quit Arresting Pot Possessors. Police Chief Bill Citty is calling for adjusting city ordinances so that police officers will not have to jail people caught with small amounts of marijuana. He is backing a move to reduce the penalty for possession from a $1,200 fine and up to six months in jail to just a $400 fine. "Right now, we're taking all possessions of marijuana, and it would be a Class B offense and it would actually, they would be arrested," said Citty. "We've been arresting every single one of them. This would stop that practice. By lowering it to $400, this allows us to basically take it out of that court of record trial and we're able to assign citations for the possession of marijuana. Now, that will be if they don't have a state permit or license that allows them to have it for medical use." The proposed ordinance will be up for discussion on September 11 and again on September 28.

Utah Governor Calls for Federal Rescheduling of Marijuana. As voters in the state prepare to give a thumbs up or thumbs down to a medical marijuana initiative in November, Gov. Gary Herbert (R) is calling on Congress to reschedule it. "I'd like to see the federal government get out of the way," he said on Thursday during his monthly news conference. "We ought to call upon our congressional delegation (to) take it off the Schedule I list. Let's do the studies, let's do the clinical trials. Are they not paying attention in Washington? Evidently not," he said.

Wisconsin Voters Will Have a Chance to Weigh in on Legalizing Marijuana. Voters in 16 counties and two cities will have a chance to vote on non-binding advisory referenda for or against legalizing marijuana for either medicinal or recreational purposes. The referenda are on local ballots scattered across the state, from Milwaukee and Dane to LaCrosse and Langlade counties, as well as the cities of Racine and Waukesha.

Harm Reduction

New York Activists March from City Morgue to Governor's Office to Call for Action on Overdose Crisis. Activists and family members who have lost loved ones to overdose marched through Manhattan on International Overdose Awareness Day to demand Gov. Cuomo (D) take action on the overdose crisis. Amid the seventh straight year of increased overdose deaths in NYC -- 2017 being the deadliest year on record -- the community brought pictures and stories of their loved ones to Governor Cuomo's Manhattan office and demanded he takes action with evidence-based public health interventions to end the crisis.

Sentencing

Sentencing Commission Finalizes 2018-2019 Priorities. In a notice printed in the Federal Register Thursday, the US Sentencing Commission laid out is policy priorities for the remainder of 2018 and into 2019. The priorities include reexamining sentencing guidelines in the wake of the Booker decision, implementing its 2016 recommendations on sentencing enhancements to focus on actual violent offenders, and continuing its efforts to implement reforms in mandatory minimum sentencing, among others.

Categories: Mandatory Minimums

Chronicle AM: NY Gov Signs Opioid Bill, VT Dems Want Full MJ Legalization, More... (8/27/18)

Mandatory Minimum Sentencing (STDW) - Mon, 08/27/2018 - 21:22

An Arizona prosecutor gets challenged for trying to profit off small-time pot offenders, Oregon regulators slash the daily purchase amounts for medical marijuana patients, a Louisiana prisoner featured in the Chronicle years ago gets a break, and more.

[image:1 align:left caption:true]Marijuana Policy

Arizona County Attorney Sued Over Drug Court Diversion Program for Smalltime Marijuana Offenders. The Civil Rights Corps, a Washington, DC-based advocacy group, and a local law firm have sued Maricopa County (Phoenix) Attorney Bill Montgomery. They allege that he and the county drug court diversion program are preying on and profiting off people charged with minor pot possession offenses. Under the state's harsh laws, possession of even small amounts is a felony, but first- and second-time offenders are eligible for a diversion program. The problem is the diversion program has a $1,000 fee, and those who cannot pay the entire fee linger in the program, paying $15 to $20 fees for drug testing as often as several times a week and face being tried as felons if they fail to complete the program. "The complaint explains that the marijuana diversion program operated by TASC Inc. and the Maricopa County Attorney's Office represents a two-tiered legal system," Civil Rights Corps Attorney Dami Animashaun said in a statement. "Wealthy people buy their way off diversion quickly, while poor people risk being expelled from the program and prosecuted for a felony solely because they cannot afford to pay."

Vermont Democrats Call for Taxed, Regulated Legal Marijuana Sales. Vermont has already legalized the personal possession and home cultivation of marijuana, and now the state's Democratic Party has formally endorsed expanding legalization to include taxed and regulated legal marijuana sales. "We believe that marijuana should be legal, taxed and regulated in the interests of consumer and public health, and economic opportunity," reads a platform plank adopted by delegates at the Vermont Democratic Party's platform convention on Sunday.

Medical Marijuana

Oregon Regulators Slash Daily Purchase Limit for Patients. In a bid to reduce leakage into the black market, the Oregon Liquor Control Commission last Thursday dramatically reduced the amount of medical marijuana patients can purchase each day. Medical cardholders may now buy only one ounce a day, not the 24 ounces that had been the limit. The emergency change is in effect until December 27.

Illinois Governor Signs Hemp Bill. Gov. Bruce Rauner (R) on Saturday signed a bill legalizing industrial hemp, the Illinois Hemp Act. "Legalizing the farming of industrial hemp just makes good sense," Rauner said in a statement. "Roughly 38 states -- including our neighbors in Wisconsin, Kentucky, Indiana, Missouri and Tennessee -- have allowed or are considering allowing cultivation of this crop for commercial, research or pilot programs. Our farmers should have this option as well." The state Department of Agriculture will issue licenses to farmers who want to grow it, and regulators will establish rules for THC-level testing of industrial hemp crops.

Heroin and Prescription Opioids

New York Governor Signs Legislation To Expand Use Of Rehabilitation And Diversion Services To Combat Heroin And Opioid Epidemic. Governor Andrew Cuomo (D) last Friday signed legislation (A.10403/S.8760) to help in the fight against the heroin and opioid epidemic by diverting substance-dependent individuals who are involved in the criminal justice system. This legislation provides another form of support to prosecutors and law enforcement officers as they seek treatment and counseling for people who are addicted to opioids. These diversion models include law enforcement assisted diversion, known as LEAD, and other programs treating substance abuse and addiction. The legislation expands the allowable use of funding from seized or forfeited assets by law enforcement and the Office of Alcoholism and Substance Abuse."We must use every tool at our disposal to combat this nation's opioid epidemic and the underlying issues that lead people to commit crime, and this legislation makes available additional funding to help New Yorkers in need," Governor Cuomo said. "By helping New Yorkers turn their lives around, this program helps strengthen communities, increase public safety and break the vicious cycle of recidivism once and for all."

Sentencing

One Louisiana Man Gets a Sentence Cut. A Louisiana man sentenced to life in prison for marijuana possession as a habitual offender has received a sentence reduction that will allow him to go free in a matter of weeks. Jody Butler's case was covered by the Chronicle's Clarence Walker back in 2013, but it took until now for justice to be done. New Orleans Parish District Attorney, who made a career of imposing long sentences on small-time drug offenders, raised no objection to a sentence reduction in Butler's case, the latest in which he has backpedaled away from his earlier, harsher stance.

Categories: Mandatory Minimums
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