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People With Marijuana Convictions Should Know About National Expungement Week

People With Marijuana Convictions Should Know About National Expungement Week

Marijuana legalization is a solid first step, but there’s still a lot of work to be done to resolve  socioeconomic and racial inequities brought about by the war on drugs.

Hence, we now have National Expungement Week. The first-of-its-kind campaign, supported by a coalition of cannabis and social justice organizations called the Equity First Alliance, is taking place from October 20-27.

The organizations will offer “expungement and other forms of legal relief to some of the 77 million Americans with convictions on their records,” according to the campaign website. “These convictions can restrict access to housing, employment, education, public assistance, and voting rights long after sentences have been served.”

In an open letter, the alliance also said it was “largely unsupported by the cannabis industry and by the traditional funders of equity work.” While a main argument in support of legalization is that it would help to repair drug war damages, which have disproportionately affected communities of color, the laws and markets created by the successful movement haven’t necessarily lived up to its name, the alliance wrote.

To that end, the campaign has organized events across the country—from Los Angeles to Boston—to provide legal services to those whose criminal records are able to be reduced or expunged. You can check out the full list of events here.

The alliance’s agenda touches on numerous reform policies, including using marijuana tax revenue to fund communities that have been impacted by prohibition, implementing social equity programs, ensuring corporate responsibility for businesses that profit off cannabis and providing affordable medical cannabis for low-income patients, among other policies.

“We believe that we have a short but vital window of opportunity to change the course of the cannabis industry—and by doing so, we can prevent further harms to the most impacted communities and create a model of reparative economic and criminal justice.”

Adam Vine, co-founder of Cafe-Free Cannabis and an organizer with the campaign, told Marijuana Moment that the campaign is necessary “because millions of Americans have been harmed by the war on drugs and continue to face collateral consequences for convictions that may have happened years ago.”

“These consequences restrict people’s access to employment, housing, education, and social services, so our coalition decided to do something about it,” he said. “We are coordinating these events to provide free legal relief and to say that as states move towards cannabis legalization, expungement needs to be the first priority.”

See the original article published on Marijuana Moment below:

People With Marijuana Convictions Should Know About National Expungement Week

Marijuana And Other Drugs Should Be Legalized, Likely Next House Judiciary Chair Says

Marijuana And Other Drugs Should Be Legalized, Likely Next House Judiciary Chair Says

A Democratic lawmaker who many political observers believe will likely be the next chairman of the powerful U.S. House Judiciary Committee implied in an interview on Wednesday that he supports legalizing other currently illicit drugs in addition to marijuana.

“From everything we have learned, people are going to do drugs. And certainly the softer drugs like marijuana, there’s no good reason at all that they cannot be legalized and regulated properly,” Rep. Jerrold Nadler (D-NY) said.

“The major effect of the war on drugs has been to fill our prisons with huge numbers of people to no great effect except to waste money and to ruin lives.”

In the comments, which Nadler made during an interview with WNYC’s Brian Lehrer Show, the congressman did not specify with substances he believes should be legalized, but his use of the pluralized phrase “softer drugs like marijuana” and the word “they” suggests his anti-prohibition views extend beyond just cannabis.

There is no precise definition of what constitutes a “soft drug” as compared to a “hard drug,” but some analysts categorize substances like LSD, psilocybin and MDMA in the former category in light of their lack of addictive potential.

Nadler is currently the top ranking Democrat on the Judiciary Committee, which has oversight of the Drug Enforcement Administration and other federal law enforcement agencies involved in drug enforcement and prosecution. If Democrats take control of the House in the midterm elections, as many poll watchers predict, he would likely ascend to the panel’s chairmanship and have the power to bring marijuana and other drug reform bills up for a vote.

Also in the radio interview, Nadler called the war on drugs an “abject failure” that is “not succeeding in reducing crime or doing anything else.”

“We ought to look at drugs as a public health issue.”

The comments came shortly after another key Democrat, Rep. Earl Blumenauer (D-OR), released an eight-page memo to fellow party members laying out a step-by-step strategy for how they can accomplish federal marijuana legalization in 2019 if they take control of one or both chambers of Congress. The plan includes a hearing on marijuana descheduling before the Judiciary Committee.

When it comes to marijuana, Nadler sees it as “far less damaging than nicotine to people’s health and we should probably regulate it similarly,” he said in the interview, adding that its current restrictive Schedule I status “doesn’t make any sense.”

See the original article published on Marijuana Moment below:

Marijuana And Other Drugs Should Be Legalized, Likely Next House Judiciary Chair Says

Successful Constitutional Case Against Death Penalty Works For War on Drugs, Too

Successful Constitutional Case Against Death Penalty Works For War on Drugs, Too

The movement to restore civil liberties and resolve systemic racial injustices in the criminal justice system scored a major victory on Thursday. And no, this time we’re not talking about ending the war on drugs. Or at least not yet.

Washington became the 20th state to abolish the death penalty, with the state Supreme Court ruling that capital punishment is unconstitutional because “it is imposed in an arbitrary and racially biased manner.”

If you’re already seeing parallels to arguments for ending drug prohibition, you’re not alone.

Many of the same points the court made in their ruling against the death penalty ring true for the war on drugs, too. For example, the court argued that death sentences have been disproportionately carried out against black defendants, at a rate more than four times higher than it is for white defendants.

There were three main factors the justices cited as justification for abolishing capital punishment.

  1. “There is significant county-by-county variation in decisions to seek or impose the death penalty, and a portion of that variation is a function of the size of the black population but does not stem from differences in population density, political orientation or fiscal capacity of the county.
  2. Case characteristics as documented in the trial reports explain a small portion of variance in decisions to seek or impose the death penalty.
  3. Black defendants were four and a half times more likely to be sentenced to death than similarly situated white defendants.

“The most important consideration is whether the evidence shows that race has a meaningful impact on imposition of the death penalty,” the justices wrote in their opinion. “We make this determination by way of legal analysis, not pure science.”

“Given the evidence before this court and our judicial notice of implicit and overt racial bias against black defendants in this state, we are confident that the association between race and the death penalty is not attributed to random chance. We need not go on a fishing expedition to find evidence external to Beckett’s study as a means of validating the results. Our case law and history of racial discrimination provide ample support.”

Similarly, drug reform advocates have long maintained that prohibition is racially discriminatory given disproportionate rates of enforcement and arrests for drug-related offenses. Black Americans are nearly three times as likely to be arrested for a drug-related crime, compared to white Americans. That’s in spite of the fact that rates of consumption are roughly equal among both groups.

What’s more, a 2012 report from the U.S. Sentencing Commission found that black men serve drug sentences that are about 13 percent longer than those applied to white men.

The Washington court said another factor that contributed to their decision concerned “contemporary standards and experience in other states.”

“We recognize local, national, and international trends that disfavor capital punishment more broadly. When the death penalty is imposed in an arbitrary and racially biased manner, society’s standards of decency are even more offended.”

The parallel here couldn’t be more clear. If such trends demonstrate a need to review and reform an existing law, the same rationale could theoretically apply to drug prohibition. A majority of states have legalized cannabis for medical or adult-use, and national interest in changing federal marijuana laws has steadily grown in recent years. Beyond marijuana, a broader drug reform push has included calls to abolish mandatory minimum sentences for non-violent drug offenses.

Of course, marijuana is already legal in Washington, and no other states have yet legalized drugs, so this part of the ruling’s applicability to a potential case seeking to strike down broad drug prohibition in the state might not be quite ripe yet.

While it’s unclear whether the constitutionality of prohibition could be reasonably challenged on similar legal grounds, the similarities are striking. The justification for capital punishment was another point of interest for the justices, who noted that the system failed to achieve its “penological goals” of “retribution and deterrence.”

For all intents and purposes, drug prohibition too has failed to achieve similar goals. Decades of drug war have not appreciably deterred consumption. From 2001 to 2013, the rate of marijuana use among American adults almost doubled, for instance.

The Cato Institute analyzed the impact of the drug war in a 2017 report. It concluded that prohibitionist policies “fail on practically every margin.”

“Economic thinking illustrates that these failures are not only understandable, but entirely predictable. As a result of prohibition and the changes it induces in the market for drugs, increased disease, death, violence, and cartels are all expectable outcomes. Moreover, economics can help us link together these policies with other issues, such as race relations and police militarization.”

A last note from the Washington Supreme Court justices:

“Under article I, section 14, we hold that Washington’s death penalty is unconstitutional, as administered, because it is imposed in an arbitrary and racially biased manner,” the justices wrote. “Given the manner in which it is imposed, the death penalty also fails to serve any legitimate penological goals.”

Now swap “death penalty” with “drug prohibition” in that last quote… Fits like a glove.

See the original article published on Marijuana Moment below:

Successful Constitutional Case Against Death Penalty Works For War on Drugs, Too

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