Category Archives: War On Drugs

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AMY GOODMAN: We begin todays show in Maryland, where Governor Wes Moore made history Monday by issuing a sweeping executive order to, quote, right a lot of historical wrongs, unquote, by wiping out low-level marijuana convictions.

GOV. WES MOORE: This morning, with deep pride and soberness, I will pardon over 175,000 convictions.

AMY GOODMAN: Governor Moores move comes after Maryland legalized the use of recreational marijuana in 2022 when voters approved a constitutional amendment. The pardons will automatically forgive misdemeanor marijuana possession charges in Marylands electronic court records system, as well as misdemeanor paraphernalia charges related to marijuana. The pardons do not impact anyone currently incarcerated. Governor Moore said he timed the pardons for this week of Juneteenth, the federal holiday on June 19th to mark the end of slavery in the United States.

GOV. WES MOORE: We know that legalization does not turn back the clock on decades of harm that was caused by this war on drugs. Legalization does not erase the fact that nearly half of all drug arrests in Maryland during the early 2000s were for cannabis. It doesnt erase the fact that Black Marylanders were three times more likely to be arrested for cannabis than white Marylanders before legalization. It doesnt erase the fact that having a conviction on your record means a harder time with everything everything from housing to employment to education.

AMY GOODMAN: Thats Maryland Governor Wes Moore speaking Monday, the first Black governor in Marylands 246-year history. He was joined by Anthony Brown, Marylands first African American attorney general.

ATTORNEY GENERAL ANTHONY BROWN: Data uncontrovertibly shows that Black and Latino and white Americans use cannabis at the same rate, yet Black and Latino Americans are arrested, charged and convicted at higher rates. Plainly put, the enforcement of cannabis laws has not been color blind; its been unequal treatment under the law.

Maryland is a work in progress. The shackles of slavery, though physically removed, left an indelible mark on our state and our nation. The promise of Reconstruction was replaced by Jim Crow laws that stripped free Black people of our rights and treated us like second-class citizens. After the Civil War, instead of freedom, we experienced the emergence of the convict leasing system, that exploited Black labor under the guise of punishment.

Our current reality of disproportionate arrests and convictions are the residuals of slavery. The war on drugs was a war on communities of color. The data shows the deeply rooted bias in drug-related arrests and sentencing. Cannabis convictions for hundreds of thousands of people here in Maryland were scarlet letters, modern-day shackles. This morning, I can almost hear the clanging of those shackles falling to the floor with your pardon this morning, Governor. Thank you.

AMY GOODMAN: Meanwhile, the ACLU of Maryland notes anyone convicted of possession with intent to distribute can still face criminal penalties, including jail, despite the legalization of cannabis sales in the state. The penalty should be a civil fine, advocates have argued.

For more, were joined by three guests. Two of them were there Monday for this announcement. Jason Ortiz is the director of strategic initiatives at the Last Prisoner Project. His expertise on this issue stems in part from his arrest at age 16 for cannabis possession in Connecticut. Were also joined by Maryland Delegate Jheanelle Wilkins, chair of Marylands Legislative Black Caucus. Also with us, Maritza Perez Medina, the director of federal affairs at the Drug Policy Alliance.

We welcome you all to Democracy Now! Delegate Jheanelle Wilkins, were going to turn to you first. We just played two clips of the two leading politicians in Maryland who were responsible for these 175,000 pardons. Both of them are African American. Governor Moore is the first African American governor of Maryland. And you are the chair of Marylands Legislative Black Caucus. Can you talk about the significance of this when it came to this historic move? And actually, who does this cover?

JHEANELLE WILKINS: Absolutely. As chair of the Legislative Black Caucus of Maryland, the largest Black caucus in the country, we know that leadership matters and representation matters. And especially as we embark upon Juneteenth tomorrow, this is a historic moment that we are so proud of. Our governor is the only person in the entire state that has the ability to pardon, and so for him to use the power of the pen to not only pardon a few but to go big and also include various types of drug paraphernalia in his pardons really says a lot.

Unfortunately, the war on drugs really impacted Black communities. And it still continues today in Maryland in terms of the results of these types of criminal convictions, whether its housing, whether its education, whether its employment. So this really provides an impactful opportunity for equity and for those impacted to be able to live their full lives.

JUAN GONZLEZ: And, Delegate, could you talk a little bit more about how these convictions on peoples records affect their ability to obtain housing, employment and education?

JHEANELLE WILKINS: Absolutely. One of the pieces of legislation, actually, that the Legislative Black Caucus of Maryland had as a priority this legislative session deals with banning the box on housing. When people apply, for example, to live in an apartment, they are oftentimes asked about their criminal convictions. And so, even with something like cannabis, where we have legalized it in the state of Maryland, we have an equitable framework for how cannabis licenses are distributed, and we make sure that its as inclusive as possible, people still bear the brunt of maybe having a cannabis conviction and having to say that they have that on their record when they are pursuing housing, and a landlord can decide that they dont want that person to live there. And so, we did push legislation this year, which we will be reintroducing and it was sponsored by Delegate Adrian Boafo from Price Georges County to ensure that we ban the box when it comes to housing, so that individuals are able to really apply for housing, be able to access housing, and for it to be something that is not a barrier for individuals with criminal convictions.

Similarly with obtaining certain licenses in the state of Maryland, there are sometimes background checks and criminal checks, where something like a conviction for cannabis could prevent them from being able to obtain those licenses. So we see time and time again where those criminal convictions that were fueled by the war on drugs, despite the fact that Black people consume cannabis the same rate as other communities we see that we are criminalized and convicted, charged, arrested more than any other community. Its unjust. Its unfair. And the governor taking this action really puts us on the path towards equity in our state.

JUAN GONZLEZ: Id like to bring in Maritza Perez Medina, whos director of federal affairs at the Drug Policy Alliance. Maritza, whats your response to the governors actions? And did it go far enough, as far as youre concerned?

MARITZA PEREZ MEDINA: I think its great. This really is a sweeping pardon thats affecting hundreds of thousands of people. And what made this pardon distinct was the fact that it included paraphernalia. I would like other governors to take similar action. I also want to say I also, you know, commend the governor for really couching this as a racial justice issue. We know that the war on drugs has targeted communities of color, so the relief should also target those communities. And the governor was very clear about that. So, yes, this is really a historic announcement, and I hope to see other governors take similar action.

AMY GOODMAN: Can you talk more about what is happening around the country when it comes to this, and exactly what precedent Maryland has set here?

MARITZA PEREZ MEDINA: Yeah. So, as I said, Maryland really set a precedent by including not just simple possession charges in this pardon announcement, but also paraphernalia charges. And this really opened the door to having more people have their records expunged, which is really, really exciting news.

Like I said, it would be great for more governors to pick up a similar initiative, but really what we need is, you know, federal relief. I know that people are excited about the rescheduling review that the Biden administration is currently undertaking. At the Drug Policy Alliance, we think that this needs to go further. We need to actually deschedule marijuana and remove it from the Controlled Substances Act. Its important for folks around the country to understand that moving marijuana from a Schedule I to Schedule III on the CSA will still maintain criminalization and federal prohibition. In fact, its probably going to be incumbent on states to take more action, just given that at the federal government, very little will change.

AMY GOODMAN: I want to bring Jason Ortiz into this conversation. Jason, you are director of strategic initiatives at the Last Prisoner Project. You were there yesterday for this historic moment. But tell us your own personal story. Tell us what happened to you when you were 16 and how that shaped the rest of your life.

JASON ORTIZ: Yeah. Thank you, Amy. Its an honor to be here today.

And as you mentioned, I was arrested at the age of 16 in high school in Norwich, Connecticut. I was actually smoking with some friends on the way to school. And as soon as we got there, we were surrounded by security guards. They were kind of rough with us a little bit. It was one of the first times Ive ever been like seriously in trouble. And when the police showed up, I realized that this was going to be something very different than Ive ever experienced before. And I can tell you, whenever somebody puts chains on you, puts handcuffs on you, drug policy becomes a very real thing very quickly.

And so, for me, I got expelled from school, so I lost two years of my high school career. I was alone and isolated for most of that time. I had to do afterschool work while all my friends were actually out enjoying their lives. And so, for a very long time, I was isolated. I had to go to court countless times. And my parents, who were not wealthy they were two union-working parents had to pay tens of thousands in legal fees just to make sure I wasnt permanently incarcerated. And it really derailed my entire life.

But thanks to the work of advocates, that were able to change the Higher Education Acts federal aid elimination penalty, I was able to go on to college and actually get my degree from the University of Connecticut. So, I was negatively impacted by the war on drugs, but also positively impacted by the movement to change it and end it.

And so, yesterday was a historic day to be able to actually be a part of that. One of the charges that I did get as a youth was possession of paraphernalia, and it did actually increase the amount of potential time I could have served. And so, to actually see the governor move on from simple possession shows the momentum of this movement, the momentum of this moment. And as Maritza said before, we do need to expand this to include other charges. I do believe that things like distribution and cultivation should also be included in these types of pardons. But as folks have said before, we do need federal action to really rectify the harms done by the war on drugs.

JUAN GONZLEZ: And Id like to ask Delegate Jheanelle Wilkins, the work that still needs to be done. Youve been very vocal about the issue of traffic stops by police who claim to smell cannabis when they stop a driver. Youve got legislation youve helped to co-sponsor legislation on that issue. Could you talk about that work that still has to be done?

JHEANELLE WILKINS: Absolutely. The Black Caucus was very proud to work last year to pass legislation that ensures that just the smell and scent of cannabis does not allow an officer to search someones car. And that was a really important bill, because we saw that all across the state that Black people and people of color were being disproportionately pulled over due to the alleged scent of cannabis and being searched. So that was really important.

But theres a lot of work still to be done on this issue. For example, its critical that we create and develop more automatic expungements. When we talk about these criminal records that people live with and bear the brunt of the challenges associated with having these convictions on their record, being able to automatically expunge them and expand the types of crimes, as well, that can be expungeable is absolutely critical as we are on this path towards equity. And thats one of the top things that the Legislature really wants to take a look at. We know that in the state of Maryland, Black Marylanders are about 29% of our state, but we represent 70% of the criminal population. And there is work to be done. And take a look at those cases with legislation such as the Second Look Act, thats been introduced several times, to take a look at people who are in the system for 20 or more years, and assess their crimes and decide if they should be eligible for release.

So, there are a number of actions that we need to continue to take as we make to work our justice system more equitable. But we praise the governor. We are so proud of his bold and sweeping actions. And we are looking forward to continuing to work with him to make our state more equitable and leave no one behind.

JUAN GONZLEZ: And, Jason, I wanted to ask you cannabis legalization has become big business in many states around the country that have legalized it. Could you talk about the ability of African American and Latino communities to participate in the new economic mushrooming economic profits that are resulting from cannabis?

JASON ORTIZ: Yeah. And as part of the one of the founders of the Minority Cannabis Business Association, we worked on what was called social equity policies. And we really believe that theres no such thing as social justice without economic justice. And so, we created lots of different pathways. But its been a fight. Its been really difficult to make sure that folks have access to licensing and capital. But we are seeing those operations are starting up and actually moving. And so, both Latino and African American communities are able to access this, but it is something that is not exactly easy. They have to really struggle. They have to find partners. Theres all kinds of complicated licensing requirements. And so we do encourage all of the governors to make this issue one of a priority for them, so that we can see economic justice come to our communities through social equity programs. Theyre being challenged around the country. Weve seen different types of businesses file lawsuits in order to prevent equity programs from progressing.

And equity programs are not just about licensing and ownership. Theyre also about community investment, because our communities were overpoliced and disenfranchised economically. And so, we do want to make sure that not only are we focusing on the business side, but were reinvesting in those communities, building schools and hospitals and other sources that they need, and making sure that as we do that, were also investing in reentry programs, in restorative justice, to make sure that everyone that is currently incarcerated is released. So far, zero states have actually released all of their cannabis prisoners when legalization happened. So, while the business side is important, we want to make sure were also focusing on community investment and retroactive relief.

AMY GOODMAN: Youre starting a business, Jason Ortiz, in Puerto Rico? A growing business?

JASON ORTIZ: Yes. We got a license for a cultivation facility in Puerto Rico, in my hometown of Aasco, Puerto Rico, actually. I am Puerto Rican. My family is from Aasco. And it is something that Im very proud of, that we are able to move on that particular type of business in Puerto Rico and bring some economic activity and economic justice to my home island and all of the 5 million Puerto Ricans around the country. But even there, we want to make sure that we are supporting the political struggles on the island. You know, cultivation of cannabis is something I care about very deeply, but the island is definitely dealing with its own struggles with LUMA and the electricity, and theres many issues that theyre working on there. So I want to make sure as we talk about anything regarding business in Puerto Rico, were also talking about the economic and social justice that my people need.

AMY GOODMAN: I wanted to bring Maritza Perez Medina back into this conversation, with the Drug Policy Alliance. How does this ruling, but also, at a federal level, the Biden administration, affect immigrants, reclassifying marijuana?

MARITZA PEREZ MEDINA: Thank you so much for asking that question, because I think this is something thats not talked about enough, and its really important that we educate the public about this. So, let me be clear: The Biden administration deciding to move marijuana from Schedule I to Schedule III is called rescheduling and still maintains criminalization, still maintains federal prohibition. This means that marijuana use will continue to be illegal. And this is really important for folks who are noncitizens. If youre a noncitizen, you have to abide by federal immigration law. So, until we federally legalize marijuana, people will be susceptible to immigration consequences and, of course, criminal charges. So its very important for noncitizens to understand that. Even if youre in a state where marijuana is already legal or decriminalized, you can still face federal consequences because of marijuanas status on the Controlled Substances Act. So, unfortunately, rescheduling marijuana, moving it to Schedule III, will not have an impact on noncitizens. In fact, it will have very little impact on people in their daily lives.

JUAN GONZLEZ: And, Maritza, how would you characterize the differences in policies between what President Biden has done and what his predecessor, and now challenger, Donald Trump, did when he was president, in terms of drug policy and especially cannabis?

MARITZA PEREZ MEDINA: Yeah. So, Ill start with marijuana. You know, as I said at the top of this call, we support descheduling marijuana. So, of course, rescheduling marijuana, as the Biden administration has done, doesnt go far enough for us. But I have to say its still a significant step, in the sense that rescheduling marijuana and moving it to III means that the federal government is finally recognizing that marijuana isnt susceptible to abuse, as other Schedule I drugs are, and does have medical value. Thats important and significant. But in order to really eliminate criminal consequences, we need to deschedule marijuana.

But how he compares to his predecessor, in addition to marijuana, I will say, you know, this is the first administration that has really supported harm reduction policies. Harm reduction means meeting people who use drugs where theyre at. It means supporting people so that one day they can access treatment, if thats what suits them. Thats historic. We havent had a president who has embraced that and really addressed problematic drug use through that health lens. On the other hand, you have folks like, you know, former President Biden [sic] whos running a campaign right now talking about prosecuting and, in fact, imposing the death penalty on people who sell drugs. So, very, very different approaches when it comes to drug policy.

AMY GOODMAN: As we begin to wrap up, I wanted to turn back to Maryland Delegate Jheanelle Wilkins, who is chair of Marylands Legislative Black Caucus. If you can talk about cannabis prisoners, what Jason just referred to, what happens to those currently incarcerated, and what further actions you feel the federal government and President Biden should take in pardoning nonviolent drug offenses across the country?

JHEANELLE WILKINS: Absolutely. We did take action as the Legislature to allow resentencing. So, part of the complication around cannabis criminalization and cannabis convictions is that oftentimes its associated with other crimes. Its sometimes not just a cannabis possession charge, but its also associated with other maybe a gun charge or other types of charges. So, part of what we are trying to sift through is making sure that more individuals are able to be released, especially those who are connected with other crimes in terms of their arrest. We did go the route of resentencing, so that individuals who are charged with cannabis who are still in prison, their crimes should be reviewed, so that we can take a look at if they can be reduced or released. So, thats one of the provisions that we did work on to ensure that were looking at those who are incarcerated, who currently do have cannabis possession types of charges. I will mention that its absolutely a priority for the Legislative Black Caucus of Maryland for all individuals who have these types of cannabis charges to be released, and that we go further in terms of, again, automatic expungements, banning the box, and really getting rid of all of the collateral consequences and impacts of that war on drugs and the criminalization of Marylanders due to cannabis.

And again, with us being so close to Juneteenth, we know that when we know better, we have to do better. So, there were laws in the past that were legal, and actions that were unconscionable that were legal, that were reflecting on this week, and now we know were not right. And by the same token, we know that there are things in the past that were illegal, and we know better now. And its incumbent upon us to ensure that we take actions to repair the harms. Were grateful for the leadership and the focus on equity by Governor Wes Moore. We are so proud of him and so excited about the future of Maryland and the path toward equity that we are on.

AMY GOODMAN: Well, Maryland Delegate Jheanelle Wilkins, we thank you so much for joining us, chair of Marylands Legislative Black Caucus, also Jason Ortiz, director of strategic initiatives at the Last Prisoner Project, and Maritza Perez Medina of the Drug Policy Alliance. Thanks, all, so much.

We also want to encourage you to tune in on Wednesday for our Juneteenth special with Clint Smith, author of the book How the Word Is Passed: A Reckoning with the History of Slavery Across America.

CLINT SMITH: When I think of Juneteenth, part of what I think about is the both/andedness of it, that it is this moment in which we mourn the fact that freedom was kept from hundreds of thousands of enslaved people for years and for months after it had been attained by them, and then, at the same time, celebrating the end of one of the most egregious things that this country has ever done.

AMY GOODMAN: Also in our Juneteenth special, we will speak with the pioneering musical artist Rhiannon Giddens. She won a Pulitzer Prize for her opera Omar, about Omar ibn Said, a Muslim scholar in Africa sold into slavery in the 1800s.

RHIANNON GIDDENS: Its just so amazing that Omars story has been is being lifted by this opera, being lifted by the existence of this work, and more and more people are knowing about him, because the whole point for me was to complicate the again, the complication to complicate the American narrative, like who gets to say that they represent the American story.

AMY GOODMAN: Rhiannon Giddens and Clint Smith on our Juneteenth special on Wednesday. Tune in and tell your friends and family.

Coming up, Holocaust and genocide scholar Raz Segal. Eight months ago, the Israeli historian became one of the first scholars to accuse Israel of committing genocide in Gaza. Last week, the University of Minnesota rescinded its job offer to him to head the schools Center for Holocaust and Genocide Studies. Stay with us.

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Maryland Pardons 175K Pot Convictions, Seeking to Remedy Harms of War on Drugs - Democracy Now!

Thousands of people across the Southeast Asian country were reportedly killed during the so-called war on drugs which was promoted by the last Filipino administration.

But now a more compassionate and less punitive approach is being taken from the local level up.

Michael John Maestro shows drug-abuse prevention illustrations by local students.

UN News' Daniel Dickinson travelled to Antipolo - close to the capital Manlia - to meet Michael John Maestro, a registered nurse who works on drug-abuse prevention and treatment at the Antipolo City Anti-Drug Abuse Office and whose work has been supported by the UN Office on Drugs and Crime (UNODC).

"One young man, who I will call Carlo, who abused meth amphetamine was referred to our office. He was having psychotic episodes in December last year and January this year and was being threatening towards his mother.

He also tried to choke a child. His family realized they needed to keep him and other people in the community safe, so they kept him locked in his room. He only had his dog Butchokoy for company.

Carlo at home with his dog Butchokoy.

I realized that his abuse of drugs was due to mental health issues as he was showing symptoms of schizophrenia, which could have been chemically- induced by the meth amphetamine.

He was prescribed anti-psychotic drugs six weeks ago and the change since I last saw him is incredible. He has not experienced any more psychotic episodes, his mood is more positive and he is able to move around his neighbourhood, even to play basketball with other young people.

During the war on drugs he might have been targeted and thrown in jail and perhaps even killed. That period was characterized by fear and punishment and people who use drugs were considered evil and a menace to society.

It was clear to me that Carlo needed compassion and understanding and not punishment. He is a normal person, he just has different medical needs. Drug addiction is a chronic disorder. It is both a medical and mental health condition, which requires treatment and that is now the new approach taken here in Antipolo and by health authorities across the country.

This change in policy and our compassion towards people who use drugs has resulted in more people seeking treatment for their condition at the Antipolo City Anti-Drug Abuse Office. Last year, 30 people voluntarily sought treatment in our office, but already during the first five months of 2024 we have seen 36 patients.

By showing respect and empathy, we can continue to help to reduce the stigma that still exists around people who take drugs. This change will take time, but I think through my experience of talking about drugs at schools and community centres that people are ready to listen.

Young men play basketball in Antipolo City.

With the help of UNODC, I am using a tool-kit of questionnaires which identify the needs of patients and inform treatment plans. The tool-kit tracks all sorts of economic, health and social data and from the information we gather, we can refer the patient to the appropriate city agency to treat and support him or her.

The tool-kit approach is unique and we are carrying out an impact study with the hope that if the results are positive, we can expand it to other municipalities in the Philippines.

I'm very passionate about my job. I look at people and see that they need help, my role is to take care. The love and passion I feel towards the people who step into my office and the positive change in their life that I can contribute to through a compassionate approach gives me the motivation to do this job."

See the original post:

From Fear to Hope: Post-War on Drugs Transition in Philippines - Mirage News

There are very good reasons for other states, including Pennsylvania and New Jersey, to follow Marylands lead in pardoning thousands of people who were convicted of low-level marijuana and drug paraphernalia charges. But the best might be a confession 30 years ago by one of the architects of what became Americas war on drugs.

In a 1994 interview, published in 2016 in Harpers Magazine, former White House counsel John Ehrlichman admitted that President Richard Nixons reelection strategy included demonizing two enemies: the anti-war left and Black people.

We knew we couldnt make it illegal to be either against the war or Black, but by getting the public to associate hippies with marijuana and Blacks with heroin, and then criminalizing both heavily, we would disrupt those communities, Ehrlichman said. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course, we did.

READ MORE: After decades of discriminatory enforcement, rethinking marijuana laws is long overdue | Editorial

Nixon resigned in disgrace after his goons got caught breaking into Democratic Party headquarters at the Watergate Hotel. His campaign strategy lived on, however, as official policy for subsequent Democratic and Republican presidents who discovered the issue resonated in their favor at election time. They portrayed drug abuse as a beast much greater than its actual size and claimed marijuana was the gateway to opioid addiction.

That assertion has never been supported by data collected by the federal Substance Abuse and Mental Health Services Administration. It said marijuana was the most commonly abused drug in 2022, with 22% of Americans aged 12 or older (around 62 million people) saying they used it in the past year, but only 3% (nine million people) said they abused heroin or other opioids. That doesnt sound like a gateway. In fact, prescription drug abuse is more likely to lead to an opioid addiction.

That does not mean marijuana use isnt dangerous. Like alcohol, it should be regulated, and its users held responsible for their subsequent actions while under its influence. However, with Maryland and other states now admitting that incarceration for simply possessing marijuana did not always fit the crime, its time for new legal standards to be set and applied both retroactively and going forward.

Thirty-eight states and the District of Columbia have legalized the medical use of marijuana, and 24 states and D.C. have made recreational marijuana use legal. By doing that two years ago, Maryland set the stage to pardon more than 150,000 people (some deceased) who were convicted of a misdemeanor for possession of marijuana. Another 18,000 to be pardoned were convicted of possession with intent to use drug paraphernalia.

This is about changing how both government and society view those who have been walled off from opportunity because of broken and uneven policies, said Maryland Gov. Wes Moore. He noted the disproportionate impact of Nixons politically conceived, lock-them-up drug policies that other presidents continued to impose on Black and brown people. We cannot celebrate the benefits of legalization if we do not address the consequences of criminalization, Moore said.

The Drug Enforcement Administration has also begun steps to reclassify marijuana as a less dangerous Schedule III drug, along with ketamine and some anabolic steroids, instead of a Schedule I drug, which includes heroin and LSD. And while that bureaucratic step wont legalize the recreational use of marijuana, the Senate is considering a bill that will.

Its past time for the federal government to catch up to the attitudes of the American people when it comes to cannabis, said Senate Majority Leader Chuck Schumer.

READ MORE: Marijuana laws are wrong. But Bidens mass pardon isnt right. | Kyle Sammin

If the Democratic bill is successful, which doesnt seem likely given the current partisan divide in Congress, it will be a victory for every American frustrated with their national governments inability to address societal changes that require immediate action. A patchwork of state laws is no substitute for a uniform federal standard that would finally remove labels applied to marijuana by conniving politicians trying to win votes with law-and-order platforms.

Making the punishment fit the crime is even more significant as the country decides whether to vote for a felon whose conviction did not disqualify him from holding what is supposed to be the most trusted position in our government. People who cant get a fast-food restaurant job after listing a conviction on a job application should feel cheated. Once again, the Constitution has been outed as archaic and sorely in need of changes reflecting what America is today.

Voters will get the last word on whether justice will ultimately prevail when they go to the polls in November. Until then, lets savor Marylands decision to vacate minor marijuana convictions that never should have occurred and wont occur now that the states old cannabis laws have been updated.

Perhaps justice delayed isnt always justice denied, even if its not as satisfying.

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Pardons are an important corrective to the sham war on drugs | Editorial - The Philadelphia Inquirer

How did the courts manage to leave drugs alone while meddling in so much else?

David PozensThe Constitution of the War on Drugsis a fascinating and thorough history of constitutional challenges to drug laws, and well worth readingthough the way this history is framed can be maddening.

In the books strident introduction, Pozen declares the drug war to be a policy fiasco with virtually no support among serious experts. The books purpose, he says, is to explain why the resistance to this fiasco so rarely takes the form of constitutional challenges, rather than policy arguments and legislative efforts.

Yet his project, Pozen also writes, concentrates especially on the physically nonaddictive soft drugs, above all cannabis. Some reasons for this focus are fair enough: Such drugs have spurred the most constitutional litigation, he says, and their prohibition is the most debatable as a policy matter. However, Pozen also argues that soft drugs dominate the drug war itself. He notes that marijuana generates the most arrests andthat the drug war has been a war on pot in significant part,then uncritically quotes an ACLU executive director claiming, around the turn of the century, that if you took marijuana out of the equation, there would be very little left of the drug war.

Continue reading the entire piece here at Law & Liberty

______________________

Robert VerBruggenis a fellow at the Manhattan Institute. Follow him on Twitterhere.

Photo by D-Keine/Getty Images

See more here:

Is the War on Drugs Constitutional? - Manhattan Institute

PARDONS COME AFTER POT LEGALIZATION, END TO WAR ON DRUGS: Gov. Wes Moore pardons for 175,000 low-level criminal marijuana convictions is one of the nations most sweeping clemency acts that could affect as many as 100,000 people who were convicted on certain possession charges in Maryland state courts over the past four decades. The move will create a record of formal forgiveness and is part of a national movement to unwind criminal justice inequities as marijuana use is increasingly legalized. Katie Mettler, Erin Cox and Katie Shepherd/The Washington Post.

PARDONS ARE FIRST STEP; WHAT IS NEXT? The pardons arent necessarily the end of the legal road for those who hope to fully obliterate the charges from their records. Heres what you need to know about who was pardoned, what it means and whats next. Brenda Wintrode and Pamela Wood/The Baltimore Banner.

POLICE PROBE HATEFUL SYMBOLS ON ALSOBROOKS POSTER: Hateful lettering and imagery appeared on a campaign sign featuring Maryland Democratic Senate nominee Angela D. Alsobrooks, prompting a police investigation. The defaced sign, which sits on a grassy median near a busy six-lane road in Prince Georges County, where Alsobrooks is county executive, had two additions in black ink: the letters KKK near her hands and crosshairs drawn on her forehead. Lateshia Beachum and Erin Cox/The Washington Post.

ALSOBROOKS VISITS BMORE JEWISH COMMUNITY, A STRONGHOLD FOR HOGAN: Angela Alsobrooks traveled to the heart of Baltimores Jewish community Monday to meet with local leaders and promote her Senate candidacy. The Jewish leaders said they were grateful that she came but wanted to keep the conversation going. The 11th legislative district, where Alsobrooks sat in an overcrowded conference room for a half-hour meeting with area Jewish leaders and then toured the Pikesville Armory redevelopment project next door, was a surprising area of strength for her Republican opponent, Larry Hogan, during his two successful runs for governor. Josh Kurtz/Maryland Matters.

DEL. BUCKEL CHARGED WITH DUI: Del. Jason Buckel, the top Republican in Marylands House of Delegates, has been charged with driving under the influence and other offenses, according to court records. Pamela Wood/The Baltimore Banner.

COMMENTARY: SUPREMES MIFEPRISTONE RULING MATTERS TO MARYLAND LATINAS: For Latinos in Maryland, the Supreme Courts decision to dismiss the challenge the FDAs approval of the abortion drug mifespristone is bittersweet. While we are relieved that scientific authority has triumphed over ideology, the case highlights the significant threat politicized health policies pose to the well-being of Latino communities. If the case had been considered, it could have reinstated disparities that were previously mitigated by the 2016 and 2021 reforms. Latinos in Maryland would have faced a disproportionate impact from these proposed restrictions. Despite their growing numbers, Latino representation among healthcare providers remains critically low. Marcos Montoya Andrade and Lauren Meraz/MarylandReporter.

HOWARD COUNTY DENIES QUARRY PERMIT RENEWAL: After 20 years in business, Savage Stone quarry has had its operating permit renewal denied by Howard County officials, who cited failure to live up to its conditional use agreement including operating without a Clean Water Act permit. The countys rejection follows over 80 complaints within the last five years from nearby residents who claim Savage Stone is responsible for persistent dark dust found on their properties, strong vibrations in their homes from quarry blasts, damage to their homes, and noise violations. Glynis Kazanjian/The Baltimore Post Examiner.

HOWARD STUDENTS FIGHT MOMS FOR LIBERTY ACTIONS: More than 550 Howard County students have signed a petition asking the Howard County Board of Education not to give in to the demands of Moms for Liberty, a conservative parent-rights group thats seeking more restrictions on the books in school libraries. In neighboring Carroll County, the Moms for Liberty chapter successfully campaigned to get more than 50 books temporarily taken off school library shelves. Abby Zimmardi/The Baltimore Banner.

MO CO SCHOOLS HIRES NEW SUPER FROM VIRGINIA: Montgomery County Public Schools has announced a new superintendent for Marylands largest school system. Thomas Taylor, who most recently served as superintendent of Stafford County Public Schools in Virginia, will serve as the new school chief, officials announced during a news conference Monday. Kate Corliss/WTOP-FM.

HALF OF CARROLL SCHOOL STAFF FOR BANNING CELLPHONES: About half of Carroll County Public Schools staff believe cellphones should be banned in schools, according to survey data presented to the school board last week, while 37% of parents and guardians surveyed said cellphones should be banned across all grade levels. Thomas Goodwin Smith/The Carroll County Times.

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State Roundup: Pardons an outgrowth of legal pot, end to 'war on drugs;' pardons a first step, what happens next ... - MarylandReporter.com

Many predicted that this would happenbut the Mayor's Office had no plan.

The population of the San Francisco jail is up by 36 percent over a year ago.

The number of deputies on duty to handle those inmates is down from 298 to 285.

The inmates in the jail are increasingly people with severe substance abuse and mental health issues.

The situation has become so dire that deputy sheriffs have been attacked repeatedly, and twice the jail has been forced to go on lockdown. MissionLocal reports that inmates are saying they would rather be in state prison than the county jail.

In the past year, the mayor, the police chief, the sheriff, and the district attorney have launched a new War on Drugs in the Tenderloin, arresting by the mayors own account, in a celebratory press release, more than 700 people for the crime of simple drug use.

That, several supervisors said Tuesday, is not a coincidence.

This is a grave situation that was entirely foreseeable, Sup. Hillary Ronen said at a Committee of the Whole hearing on the issue. The minute the new War on Drugs was announced, we knew that this effort was going to lead to a much larger jail population with serious health issues. We knew Jail Heath Services couldnt handle this level of sickness. We knew we had a budget crisis.

She asked Sheriff Paul Miyamoto, who was part of those discussions: What was the plan?

The answer: There wasnt one.

Miyamoto said he asked Mayor London Breed for a sobering center or another public-health based place outside of the jail where people arrested for drug use could go. Weve gotten rid of those options, he said.

Instead, people are forced to detox, without medical care, behind bars. People with mental health issues are locked up, and at times locked down for a week or more, without adequate treatment.

We get all these press releases, Ronen said, but it doesnt say that they people arrested are going to an overcrowded jail where they are locked down and beating the crap out of our city employees. This is an outrage.

A Dec. 19, 2023 press release from Breeds office notes that police had Arrested nearly 700 people for drug sales [and] arrested nearly 800 people for public drug use.

Thats more people arrested and charged with the crime of public intoxication that arrested on charges of selling drugs.

From the release:

We are bringing together local, state, and federal law enforcement to coordinate and hold those breaking the law in our city accountable, said Mayor London Breed.

More:

Together, we see the collaborative efforts of all our agencies yield transformative, tangible results for public safety, said Sheriff Paul Miyamoto. While we prioritize getting people the help and services they need, those who continue to repeat criminal behavior will end up in custody. Arrest levels and our jail population have increased now that people face multiple court cases, and are held to answer on charges of repeat behaviors. A proactive and impactful approach to law enforcement focusing on specific bad actors and our continued presence in the community will be an ongoing commitment.

Nobody from the mayors senior staff was on hand to answer questions. Neither was the district attorney or the police chief.

But Terry Wiley, director of the independent Office of the Inspector General for the Sheriffs Department, provided some details from his research.

You find a large number of inmates that are detoxing, mentally ill, or mentally unstable among the general population, he told the supes.

He said that District Attorney Brooke Jenkins has a greater focus on holding individuals in custody that previously were released.

The crisis in the jails has become intolerable for both deputies and inmates, testimony showed.

Angela Chan, assistant chief attorney in the Public Defenders Office, said that the jail is so crowded, and the staffing so short, that some of her offices clients cant get access to their lawyersand in some cases, cant get transportation to court for hearings.

Meanwhile, Miyamoto has sent some of his deputies, including people who otherwise might be working in the jail, into the Tenderloin to arrest drug users.

Drug arrests are the highest they have been in a decade, Chan said.

Sup. Aaron Peskin said it was ironic that at a time when staff in the jails are so low that conditions are dangerous, Miyamotos deputies are out in the Tenderloin helping arrest people for drug usewho are adding to the crisis in the jail population.

Its not clear to me that we should be putting drug users in jail, Peskin said. It makes we wonder whether we should be getting those people into treatment.

Peskin also suggested that the deputies who are out in the field making arrests should be assigned back to the jail, where conditions are so dire. Miyamoto acknowledged that putting his staff on patrol was his decision, and the one team of eight deputies at a time was assigned to help with drug arrests in the Tenderloin.

Sup. Dean Preston asked Miyamoto how many people are currently in county jail on charges of drug use. This is intentionally obscure, he said. The people of San Francisco are not on board with arresting drug users who have committed no other crime.

Miyamoto said he didnt have that data, but would get back to the supes.

Meanwhile: As Ronen said, none of this should be a surprise. When the jail is understaffed (and Breed has asked the sheriff to cut his budget by 10 percent this year) but city leaders are intent on locking up drug users its going to create a serious problem.

And other than MissionLocal, nobody in the news media seems to be making those connections.

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SF's new War on Drugs has created dangerous, intolerable conditions in the county jail - 48 hills - 48 Hills

SAN FRANCISCO Amid what feels like an ever-worsening drug crisis here, locals and politicians alike are fed up. Overdose death rates remain near all-time highs. The Tenderloin, a historic downtown neighborhood, remains rife with open-air substance use and drug dealing. Public health officials are increasingly at a loss.

In recent years, much of the backlash has come to focus on harm reduction, the philosophy and practice of reducing the most acute drug-related harms without expecting abstinence from drug users.

But the solution is not a return to the war on drugs, a panel of addiction experts warned on Thursday, even as they acknowledged that the public has come to view hands-off drug policies, tolerance for open-air drug markets, and a culture of unabashed fentanyl use as synonymous with harm reduction itself.

The hard part, as people that work in this industry, is to see that conflation, said Ayesha Appa, a University of California, San Francisco, physician-researcher who specializes in infectious disease and addiction medicine. As a result, she said, the public appears to have concluded: Thats not working, so lets go back to a criminal approach.

The remarks came during a panel discussion focused on political backlash to harm reduction, which took place Thursday here at STATs Breakthrough Summit West.

San Francisco, fairly or not, has become emblematic of progressive drug policies and their perceived failures. But the Bay Areas continued drug crisis is not evidence of harm reductions failure, Appa argued instead, its a failure to market harm reductions measurable successes at reducing death and disease, as well as a misperception that harm reduction tactics necessarily result in a breakdown of law and order.

Still, public figures have increasingly scapegoated harm reduction amid the countrys failure to contain its substance use crisis.

London Breed, San Franciscos mayor, blames harm reduction tactics for the citys continued crisis, arguing during a recent political rally that the strategy is not reducing the harm of substance use.

Earlier this year, Oregons legislature repealed an initiative voters had passed in 2022 that largely decriminalized drug use. But amid surging overdose death rates and public safety concerns, the new law quickly grew unpopular.

Despite the backlash, casting harm reduction as inherently opposed to order and public safety is a false choice, argued Keith Humphreys, a psychologist and professor of psychiatry at Stanford University.

We seem to have trouble treating things as dials, he said, casting the publics apparent view as: You can have a carceral, racist drug war or a free-for-all, and you cant do anything.

Common examples of harm reduction programs include syringe exchanges that allow people who use drugs to use substances without fear of contracting an infectious disease from a shared needle, or distributing drug testing strips so that people consuming certain stimulants or party drugs can do so knowing the substances dont contain fentanyl. A large body of academic literature shows that syringe exchange and similar tactics are effective at reducing drug uses most acute harms.

The Biden administration has been historically open to harm reduction strategies, publicly supporting the use of fentanyl test strips and syringe exchanges, and generally encouraging a treatment-focused approach as opposed to one reliant on policing and enforcement.

Even as the White House has increasingly supported bold overdose-reduction strategies, however, the U.S. drug supply has grown more toxic thanks largely to fentanyl and xylazine, and drug deaths have increased steadily. Preliminary data released this week showed that overdoses decreased slightly in 2023 for the first time in five years, but remain at near-record levels, with synthetic opioids like fentanyl accounting for a large majority of deaths.

Critics who say harm reduction enables or encourages drug use miss the mark, said Braunz Courtney, the executive director of the HIV Education and Prevention Project of Alameda County, an Oakland-based harm reduction organization.

People say: Why dont you just get clean? he said. Well, that sounds good. But in reality, lets think about our own behavior change, and when your doctor says: Dont eat all those donuts; stop drinking two cups of coffee; stop smoking all those cigarettes.

San Franciscos drug crisis is not intractable, Humphreys argued, thanks to proven strategies like harm reduction and treatment. And while he cautioned against returning to the enforcement-first drug policies of decades past, he acknowledged not only the publics declining perception of harm reduction but also that locals, in many cases, are right to be frustrated.

The challenge is that addiction is a real disease, it is a health problem, and people do things when theyre addicted and when theyre on drugs that harm others, Humphreys said. And people who dont use drugs are part of our city and our country, too. So we have to provide that compassionate care, but also say, of course, its your home you want to be able to walk down the street.

STATs coverage of chronic health issues is supported by a grant fromBloomberg Philanthropies. Our financial supportersare not involved in any decisions about our journalism.

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Addiction experts warn against a second 'war on drugs' - STAT - STAT

Today's guest isKat Murti, the new executive director ofStudents for Sensible Drug Policy (SSDP), the country's oldest and most influential student group challenging the war on drugs. Before taking the helm at SSDP, Kat was a longtime staffer at the libertarianCato Institute, a founder ofFeminists for Liberty, and an SSDP chapter head at the University of California, Berkeley, where she attended undergrad. Reason's Nick Gillespie talks with Murti about the role that young people in particular can play in ending prohibition, why marijuana has yet to be legalized at the federal level, and whether Donald Trump and Republicans or Joe Biden and Democrats are actually worse when it comes to drug policy reform.

This interview was taped live at an event cosponsored by The Psychedelic Assemblyin midtown Manhattan.

00:00:00Introduction

00:02:03What is Students for Sensible Drug Policy (SSDP)?

00:05:59The Drug War is far from over

00:08:45Don't let politicians get away with empty legalization promises

00:10:45What's the best legalization model?

00:16:26How do we activate the youth vote?

00:19:10Harm reduction vs. prohibition

00:22:51Drug education and safety

00:26:33ALL of us are on drugs

00:27:17The Rat Park Experiment

00:29:30How to make safe injection sites Work

00:34:48SSDP & psychedelics

00:40:50Shifting attitudes toward drug legalization

00:46:45Kat Murti's career in drug policy

00:49:19How to pursue drug policy wins despite polarization

00:51:19Audience Q&A

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Kat Murti: How To End the Drug War for Good - Reason

Hailed as a historic shiftin federal cannabis policy, the U.S. Drug Enforcement Administration (DEA) has submitted a formal recommendation to the White House to move the substance from Schedule Ito Schedule III. But despite overwhelming supportfor legal access to medicinal and recreational marijuana from voters across the political spectrum, advocates fear this reclassificationcould impede efforts to deschedule cannabis completely and end the war on drugs.

Pot-ential Policy Pros

Schedule III substances like anabolic steroids, ketamine, and acetaminophen-codeine combinations are federally illegal and subject to penalty under the Controlled Substances Act. Though it would remain illegal, rescheduling marijuana would allow physicians to prescribe it and state-authorized dispensaries to distribute it. Recreational marijuana and the use, sale, and distribution of medical marijuana without permission would also remain illegal under federal law.

But moving marijuana from Schedule I to Schedule III acknowledges what the scientific community has known for years: that in addition to some accepted medical value, marijuana has less potential for abusecompared to its Schedule I counterparts (heroin, LSD, and MDMA). State-sanctioned dispensaries stand to benefit from a reduced federal tax burdenestimated at 70 percent or morewhich could potentially help small businessesand reduce competition from illicit suppliers. Rescheduling also opens up banking opportunitiesto lessen the threat of violence associated with cash-based operations and provides greater research opportunities, though restrictions still apply.

Weed Woes

Supported by lawmakerson both sides of the aisle, the recommendation to reschedule marijuana is considered one step closer to ending the failed war on drugs. But cannabis advocateswant the substance declassified entirely so it can be regulated like alcohol or tobacco. Despite potential benefits, the proposed rescheduling still pits federal law against lawsin Washington, D.C. and the 38 U.S. states with legal medical marijuana programs (as well as the 24 that have approved recreational marijuana). At any given time, the DEA can choose to prosecute people and businesses that comply with existing state regulations on recreational and medicinal marijuana products.

There is also concern that the DEA is ill-equipped to handle the roughly 15,000 cannabis dispensariesthat would have to register and follow strict reporting requirements under the rescheduling. Similarly, the lack of U.S. Food and Drug Administration (FDA) approval of existing products is problematic. Traveling across state lines or via air with state-legalized cannabis could triggerfederal criminal penalties unless or until the FDA approves and regulates the industry. Since state-sanctioned cannabis products are currently outside the FDAs purview, they would not be rescheduled automatically; instead, they would remain illegal under federal law. Quantity-based mandatory minimum sentencing would not change under the proposed policy. The continued incongruity between federal and state law is problematicfor police and citizens alike and perpetuates the ongoing war on drugs. Critics also contend that rescheduling does not address the harms associated with five decades of marijuana prohibition.

One Small Step for Marijuana, One Giant Leap for Mankind

Marijuana must be descheduled to ensure that businesses, consumers, communities, and children are protected. This is not an endorsement of the substancerather, it is a practical solution to conflicting laws that currently restrict the proper regulation of cannabis products. Federal legislation that deschedules marijuana and includes standards of product testing and oversight, established age for consumption, packaging and quality control, and marketing restrictions increases product safety and reduces potential harms. Furthermore, complete descheduling has significant potentialto enhance public safety by improving police-citizen interaction to strengthen relationships and restore legitimacy; allow for the reallocation of system and financial government resources historically wasted on cannabis enforcement; and implement appropriate regulation to aid in disruptingillicit market activity.

Where Do We Go from Here?

Following Aprils confirmed proposal to reschedule cannabis, there is still much to do. It is unclear how long it will take for the rule to be finalized, and its potential impact on the criminal justice system and industry stakeholders remains uncertain. Even with specific rulemaking timeframes, litigation issues could delay implementationespecially where political pressure is involved. Moreover, depending on this years election results, we could see an attorney general who decides to keep cannabis a Schedule I controlled substance. For now, we must wait to see how cannabis rescheduling will progress.

Continued here:

Cannabis Rescheduling: Winning the Battle, but Not the War - R Street

The House Committee on Human Rights will investigate the deaths attributed to the war on drugs under the administration of former President Rodrigo Duterte, committee chairman Manila Rep. Bienvenido Abante said on Thursday.

Abante said a hearing on the matter has been set on May 22. Invited to the inquiry are relatives of the victims of the war on drugs, police officers, and former Cabinet officials.

Why are we conducting an inquiry into the deaths of alleged drug addicts or drug dealers? First, we must begin with the principle that each life is valuable and that each life lost is a profound tragedy, Abante said at a press conference.

Secondly, we must point out that those who lost their lives, like every Filipino, are protected by the rights granted by the Constitution, one of which is due process, Abante added.

GMA News Online has reached out to the camp of the former President for comment. It will

The nation, Abante said, owes the victims of drug war deaths justice.

They were not convicted, they were silenced. They were denied their rights. It is our responsibility to the victims and their families to seek the truth, Abante said.

Abante then said that his committee has the mandate tl diligently look into the accusations of human rights abuses amid the anti-drug war police operations.

Based on government records, around 6,200 drug suspects were killed during the Duterte administrations anti-drug police operations.

Human rights organizations, however, say that the number may reach 30,000 due to the unreported related slays.

Duterte is under International Criminal Court probe over the alleged crimes against humanity committed during his administration's anti-drug campaign.NB, GMA Integrated News

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House panel to probe killings in Duterte war on drugs - GMA News Online