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war on drugs
Tens of Thousands Call for Federal Marijuana Decriminalization
"When it comes to the DOJ's proposal to reschedule marijuana, public opinion could not be clearer," said a campaigner with Drug Policy Alliance, which analyzed public comments on the pending change.
Jul 23, 2024
Shortly after the public comment period for the Biden administration's proposed rule to reschedule marijuana closed, a reform group on Tuesday released an analysis showing that the majority of submissions advocate for federal decriminalization.
When President Joe Biden pardoned U.S. citizens and lawful permanent residents convicted of simple federal marijuana possession in October 2022, he also ordered the departments of Justice (DOJ) and Health and Human Services to review how cannabis is treated under the Controlled Substances Act.
Marijuana is currently Schedule I, the federal law's most restrictive category, despite dozens of states allowing adult recreational or medicinal use. In May, the Drug Enforcement Administration (DEA), which is part of the DOJ, proposed a shift to Schedule III and initiated the public comment period that ended Monday.
"Participation in public comment processes gives the American public a chance to speak from personal experience and provide feedback on proposed legal changes—and it gives the federal government an opportunity to adjust their proposals to reflect public opinion," said Cat Packer of the Drug Policy Alliance (DPA), which reviewed submissions.
"When it comes to the DOJ's proposal to reschedule marijuana, public opinion could not be clearer," added Packer, DPA's director of drug markets and legal regulation. "Rescheduling is simply not enough."
As DPA detailed in a statement, after analyzing the 42,910 public comments, the group found:
- 69.3% or 29,750 of comments support descheduling, decriminalizing, or legalizing marijuana at the federal level;
- 42.4% or 18,207 commentsmention the need for federal marijuana reform to advance racial justice or social equity; and
- 24% or 10,327 comments were submitted through a public comment tool hosted by United for Marijuana Decriminalization (UMD), a coalition that DPA convenes. These comments were the result of months of grassroots outreach to communities that have been impacted by marijuana criminalization.
"The people are demanding the Biden administration do more to deliver on the marijuana reforms that communities deserve," Packer said, pointing to previous promises from Biden and Vice President Kamala Harris, the presumptive Democratic nominee to face former Republican President Donald Trump and U.S. Sen. JD Vance (R-Ohio) in the November election.
Packer highlighted that nearly half of the comments "recognize that ending federal criminalization is key to achieving racial justice and social equity," and "this is something that the Biden administration has repeatedly identified as a priority in their marijuana reform efforts."
"However, under Schedule III, communities of color would still face disproportionate harms and lifelong consequences from federal marijuana criminalization," she explained. "Under Schedule III, people could still be jailed or deported for marijuana violations, even in states where it is legal. Under Schedule III, people could lose their jobs, their housing, their... food stamp benefits, or even lose custody of their children for marijuana violations."
Earlier this month, DPA and Human Rights Watch released a 91-page report detailing how the U.S. War on Drugs has impacted the lives of immigrants, "punishing people with deep connections to the United States, where they have formed families, attained education, and built their lives."
Packer argued Tuesday that "if the Biden administration wants to be responsive to public opinion and live up to their own stated values of racial justice and repair, marijuana must be federally decriminalized and additional actions must be taken to end the lifelong collateral consequences that result from marijuana criminalization."
"This is a galvanizing moment for our movement for drug policies grounded in health, equity, and reinvestment," she stressed. "Even if marijuana is ultimately rescheduled through this process, there are additional actions that President Biden and Congress can take. In the coming weeks and months, we will continue working with our allies to urge President Biden to take a whole government approach to advance equity in federal marijuana policy and mitigate the harms of criminalization."
"That means expanding pardons and commutations, protecting state marijuana programs, and directing federal agencies to cease punishing people for marijuana use," she said. "We know that the people and the evidence are on our side. It is time that our federal government listened."
Despite support from top figures including Senate Majority Leader Chuck Schumer (D-N.Y.), there is little hope that the current divided Congress would decriminalize marijuana. As Marijuana Momentreported shortly before House Speaker Mike Johnson (R-La.) was voted into his role last year, he "has consistently voted against cannabis-related legislation."
The cannabis industry analytics firm Headset on Tuesday also reviewed public submissions for the new proposal and noted that "this comment period has shattered previous DEA records, surpassing even the highly contentious 2020 telemedicine rules that garnered approximately 38,000 comments."
"To put this into perspective, that's roughly equivalent to the entire population of Juneau, the capital city of Alaska," the firm highlighted. "It's as if every resident of a small state capital took the time to voice their opinion on this crucial issue."
Headset found that 92.45% of comments were in favor of changing cannabis' schedule, with 61.7% of them advocating for descheduling and 38.3% supporting a shift to a less restrictive category. Just 7.55% wanted to retain Schedule I.
"Those supporting rescheduling emphasized potential medical benefits, increased research opportunities, and alignment with state laws," Headset said. "Proponents of descheduling, the largest group, advocated for complete legalization, citing social justice concerns, economic opportunities, and personal liberty."
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Report Shows How US Drug War and Deportation Machine Are Destroying Lives
"It's imperative that the U.S. government revises federal law to match current state-based drug policy reforms to end and prevent the immense human suffering being inflicted in the name of the drug war."
Jul 15, 2024
Thousands of people are deported from the United States each year for past drug offenses that often aren't even crimes anymore under evolving state narcotics laws, a report published Monday revealed.
The 91-page Human Rights Watch (HRW) and Drug Policy Alliance (DPA) report—titled Disrupt and Vilify: The War on Immigrants Inside the U.S. War on Drugs—highlights the experiences of people deported years or even decades after they committed drug offenses.
One of those immigrants, Natalie Burke of Jamaica, was convicted in 2003 of cannabis-related offenses but pardoned last August by Democratic Arizona Gov. Katie Hobbs, who acted on the unanimous recommendation of a state clemency board, which found that Burke was a victim of domestic violence who was "lured" into trafficking marijuana.
However, according to the report:
She cannot move on with her life because U.S. immigration authorities are trying to deport her, even though marijuana is now legal in Arizona and she has a pardon...
Natalie explained that one day in 2009, her probation officer asked her to come into the Tucson office to fill out some paperwork. Her son, who was in fifth grade at the time, waited for her outside in the parking lot. Natalie never came back to him that day. Immigration and Customs Enforcement (ICE) officers took her directly to an immigration detention center because her conviction made her deportable from the United States.
"Even with a hard-won gubernatorial pardon, and even in a state where marijuana is now legal, ICE is still trying to deport Natalie," the report adds. "She continues to fight back and is currently pursuing new legal arguments based on the pardon."
Burke is far from alone. Analyzing data from 2002-20, the report's authors found approximately 500,000 deportations of people whose most serious offense was drug-related. More than 150,000 of those deportations were the result of convictions for drug use or possession, including 47,000 for marijuana—which is now legal for recreational or medicinal use in a majority of U.S. states.
"The uniquely American combination of the drug war and deportation machine work hand in hand to target, exclude, and punish noncitizens for minor offenses—or in some states legal activity—such as marijuana possession," DPA federal affairs director Maritza Perez Medina said in a statement.
"This report underscores that punitive federal drug laws separate families, destabilize communities, and terrorize noncitizens, all while overdose deaths have risen and drugs have become more potent and available," she added. "It's imperative that the U.S. government revises federal law to match current state-based drug policy reforms to end and prevent the immense human suffering being inflicted in the name of the drug war."
The publication notes that "of all immigrants deported with criminal offenses, people with drug-related offenses had lived in the U.S. for the longest periods of time."
This has resulted in the deportation of immigrants who have lived in the United States since childhood and U.S. military veterans being separated from their families.
The report's authors interviewed some people living under the threat of deportation who have become parents or even grandparents of U.S. citizens during their time in the country.
"I'm not able to live and operate without fear because I'm not a citizen," one California resident convicted for marijuana and paraphernalia possession said in the report. "I've lived here for more than 20 years now. This is my home. I have children here. I want to be a citizen, and I'm making every effort to do that. But it seems like that's not going to be possible."
"Congress should reform immigration law to ensure immigrants with criminal convictions, including for drug offenses, are not subject to 'one-size-fits-all' deportations."
HRW immigration and border policy director Vicki Gaubeca said: "Why should parents or grandparents be deported away from children in their care for decades-old drug offenses, including offenses that would be legal today? If drug conduct is not a crime under state law, it should not make someone deportable."
The report also highlights cases of legal permanent residents lawfully employed in states' marijuana industries who cannot become citizens because, due to enduring federal criminalization of cannabis, they are considered to lack "good moral character," and immigrant women who have been sexually abused by corrections officers who know their victims would soon be deported.
HRW and DPA asserted that "Congress should reform immigration law to ensure immigrants with criminal convictions, including for drug offenses, are not subject to 'one-size-fits-all' deportations."
"Instead," the authors argue, "immigration judges should be given the discretion to make individualized decisions. As an important first step, Congress should impose a statute of limitations on deportations, so people can move beyond old offenses and get on with their lives."
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Top UN Expert Applauded for Demand to End Failed 'War on Drugs'
"Many lives have been sacrificed and it's time to stop wasting resources," said an advocate with Amnesty International.
Jun 24, 2024
The global "war on drugs" led by the United States has been a costly and destructive failure that must be terminated and replaced by an approach focused on harm-reduction, an independent United Nations expert said Monday.
Tlaleng Mofokeng, the U.N.'s special rapporteur on the right to health, wrote in a report delivered to the Human Rights Council that since the 1970s, the global drug war has "heavily criminalized and stigmatized the production, distribution, and consumption of psychoactive drugs, with devastating effects across the globe and particularly in the Global South."
While the "existing international legal framework on drug control has propelled the criminalization of drug use, naming addiction to drugs as an 'evil' that states must combat," Mofokeng continued, "the risk of harsh punishment has not served as a deterrent to drug use" and draconian "drug laws and policies have resulted in the violation of various human rights, including the right to health, with a disproportionate impact on people who have been made the most vulnerable."
Mofokeng, a South African physician, noted that the drug war has "negatively affected the availability, accessibility, acceptability, and quality of certain drugs used as medicines."
As an alternative to incarceration and other punitive drug policies, Mofokeng urged nations to "decriminalize the use, possession, purchase, and cultivation of drugs for personal use" and roll out "harm-reduction services such as needle exchange programs and opioid substitution treatment" for those struggling with addition.
Governments should also "decriminalize, repeal, rescind or amend laws and policies that have a negative impact on the right to health and that perpetuate different systems of oppression, such as racism and colonialism," and "ensure that drug law enforcement does not lead to violations of the enjoyment of the right to health," said Mofokeng.
"Governments must consign the 'war on drugs' to history and start implementing all the recommendations outlined in this report."
Human rights advocates applauded the U.N. expert's recommendations.
Erika Guevara-Rosas, Amnesty International's senior director for research, advocacy, policy, and campaigns, said in a statement that "this is a bold and urgent call on governments worldwide to finally abandon the manifestly failed policies of the so-called 'war on drugs.'"
"For over six decades, this ill-conceived approach to public health has not only failed to reduce the use and supply of drugs, it has also resulted in widespread human rights violations, violence, mass incarceration, suffering, and abuse across the globe, affecting disproportionately people from historically marginalized communities," said Guevara-Rosas. "This report powerfully highlights that another way is possible. Focusing on harm reduction, treatment, and social support has proven the benefits of putting human rights at the center of drug policies."
The United States has spent over a trillion dollars fighting the war on drugs, which the Nixon administration launched in the early 1970s. In recent years, the U.S. and European governments have used chunks of their international aid budgets to fight the drug war internationally, fueling militarization and deadly violence in Latin America and elsewhere.
Between 2012 and 2021, rich governments devoted nearly a billion dollars in their international aid budgets to fighting the drug war, according to an analysis released last year by Harm Reduction International. More than half of that aid money came from the U.S.
The Guardianreported in September that the U.S. has "hugely increased" the amount of international aid spent on narcotics control under President Joe Biden, who has faced criticism from rights groups for extending punitive drug war policies.
"Many lives have been sacrificed and it's time to stop wasting resources," Guevara-Rosas said Monday. "Governments must consign the 'war on drugs' to history and start implementing all the recommendations outlined in this report. This includes decriminalizing personal use, possession, cultivation, and acquisition of drugs and moving towards the effective regulation of drugs to ensure legal and safe access for those authorized."
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