Common sense emerging on drug enforcement
“Attorney General Eric H. Holder Jr. directed federal prosecutors Monday to back away from pursuing cases against medical marijuana patients, signaling a broad policy shift that drug reform advocates interpret as the first step toward legalization of the drug.
The government’s top lawyer said that in 14 states with some provisions for medical marijuana use, federal prosecutors should focus only on cases involving higher-level drug traffickers, money launderers or people who use the state laws as a cover.
The Justice Department’s action came days after the Senate’s second-highest-ranking Democrat introduced a bill that would eradicate a two-decade-old sentencing disparity for people caught with cocaine in rock form instead of powder form. Taken together, experts say, the moves represent an approach favored by President Obama and Vice President Biden to put new emphasis on violent crime and the sale of illicit drugs to children. Legislation that would cover a third administration commitment, to support federal funding of needle exchanges, is moving through the House.”
That’s all good news. Using federal law enforcement personnel, federal prosecutors and the federal corrections system to target small-scale marijuana use is a waste of resources better deployed on more important matters. With the notable exception of interstate and international trafficking, the enforcement of marijuana laws can safely be left to state and local officials.
The sentencing disparity for crack possession vs. coke possession, on the other hand, represents a longterm failure of nerve on the part of Congress. Under current law dating back to 1986,, possession of five grams of crack cocaine brings you an automatic five-year minimum sentence in the federal pen. In contrast, it would take 500 grams of cocaine in powder form to earn you that same mandatory sentence.
Recognizing the unfairness, the U.S. Sentencing Commission has been recommending a change of that law since 1995, but until now Congress hasn’t been able to work up the political courage to cast that vote. Maybe that’s changing.
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262 comments Add your comment
Bosch
October 20th, 2009
3:09 pm
Drugs should be made legal. Simple.
Angry Black Man
October 20th, 2009
3:13 pm
Just don’t bring your drugs thru my office. We have a zero tolerance policy.
Paul
October 20th, 2009
3:17 pm
Time to repost my mispost:
“With the CIA investigation, the Administration’s position is the Attorney General has a responsibility to follow the law.
With this case, the AG has discretion to not follow the law.”
Fact is, prosecutors have discretion. To say they ‘must follow the law’ is inaccurate and a dodge.
BTW – I agree with the gist of the article.
stands for decibels
October 20th, 2009
3:17 pm
from Jay’s WaPo piece he’s linked
Rep. Lamar Smith (Tex.), the top Republican on the House Judiciary Committee, said the Justice Department guidelines “fly in the face of Supreme Court precedent and undermine federal laws that prohibit the distribution and use of marijuana.”
He added: “We cannot hope to eradicate the drug trade if we do not first address the cash cow for most drug-trafficking organizations — marijuana.”
If someone actually believes drug trade can be “eradicated”, is that person a naif or simply a moron?
Paul
October 20th, 2009
3:19 pm
sdb
Neither. He’s a politician who wants to get reelected.
@@
October 20th, 2009
3:22 pm
I don’t know nuttin’ ’bout no drugs.
federal prosecutors should focus only on cases involving higher-level drug traffickers, money launderers or people who use the state laws as a cover.
Good luck with that last one tho. I’ll predict an onslaught of prescriptions that’ll have to be run down.
Turd Ferguson
October 20th, 2009
3:22 pm
Dismantle the DEA or roll it into The ATF. Nixon first established the DEA in 1972, Im thinking. Think of all the wasted Billions that couldve gone into Wars, Poverty, Legalized Drug Sales, Immigration, Abortion etc.
Its time we faced facts and one of the most glaring is Drugs will never be stopped. Anyone with any sense can enter most any bar anytime and within same night get high! The Genie is out of the bottle.
“I was gonna wash my car
but then I got high…”
@@
October 20th, 2009
3:23 pm
Helloooooo paragraph closer.
Paul
October 20th, 2009
3:25 pm
So…. any bets on the next laws the AG will exercise discretion on not enforcing?
And which laws he’ll say he has no choice but to follow the law?
(Hint: if it involves the Bush Administration, CIA, loud music, making people feel uncomfortable….), he has no choice.
If it involves racial discrimination, voter intimidation… your guess is as good as anybody’s.
stands for decibels
October 20th, 2009
3:26 pm
Paul, good point.
I guess that the “naïf or moron” question should’ve been asked of those who vote for such a politician.
Paul
October 20th, 2009
3:29 pm
sfd
LOLOL!
Jimmy62
October 20th, 2009
3:30 pm
It seems to me that a good majority of the under 50 crowd in this country would be cool with legalizing pot at least for medicinal purposes. So what is keeping some politicians from making a real issue out of it? Probably fear of losing donations from older citizens (the ones with money). They should instead fear the results of jailing millions of people for non-violent crimes that have less affect than a couple of bottles of completely legal beer.
Our drug laws are an albatross around the neck of freedom. It’s one of the most disfunctional parts of our government, and, like the growing entitlement mentality of many of our citizens (and politicians), a serious threat to our future as a viable country.
@@
October 20th, 2009
3:31 pm
Paul, it do set a bad precedent….YESSIREEEEEE.
Jimmy62
October 20th, 2009
3:35 pm
After doing some research, I am now comfortable that Obama is within the bounds of his office when he decides to deprioritize the enforcement of certain laws (like letting militant black dudes with baseball bats standing outside polling stations intimidating voters), even if not always with which laws he chooses to enforce.
That said, I’d really like to see him use his influence with the supermajority his party has to change some of these laws.
From a conservative standpoint, this is a good thing. States’ rights and all. Despite efforts to establish the opposite narrative, I think you’ll find most moderate conservatives as well as pretty much all libertarians are against the drug war, at least the way in which it is currently being prosecuted. Conservatives are not the enemy, entrenched interests, and the millions of police and other folk that make a living off the drug war are the enemy here.
Joan
October 20th, 2009
3:35 pm
Aren’t those celebrities dying regularly of prescribed medications? Well, I suppose if idiots want to burn up their brains, then God bless–let them go for it. But Jay, aren’t you and Cynthia checking on who gets to write the story? You both have done the same one–again.
DeKalb Conservative
October 20th, 2009
3:37 pm
What is unique here is that the federal government is relinquishing control over something, thus making the federal government smaller.
I think this should be a state issue, until something interstate has occurred (ex. pot grown in CA is shipped to GA). If the drug is grown in CA, sold in CA and consumed in CA, then it’s a state CA decision.
Turd Ferguson
October 20th, 2009
3:41 pm
Anyone for some Medical Cocaine?
Paul
October 20th, 2009
3:41 pm
Joan
I don’t have any problem with them doing the same theme. Different bloggers go to different sites. This gives them the chance to see opinions of a wide swath of citizens.
Scooter
October 20th, 2009
3:45 pm
but until now Congress hasn’t been able to work up the political courage to cast that vote. Maybe that’s changing.
Would someone mind telling me why it would take political courage to vote on a drug law? Thanks in advance!
JohnD
October 20th, 2009
3:45 pm
I just wish they’d nail that hillbilly-heroin popping GOP blowhard Limbaugh for all his illegal drug use.
After all he threatened his housekeeper with deportation if she didn’t buy them for him.. Can we add extortion, tax evasion and hiring an illegal alien charges to the indictment?
Jimmy62
October 20th, 2009
3:50 pm
Why is Rush being a pill-popper any of our business? Has Rush gotten on pills and broken in to anyone’s house and killed their family? Has he gotten on pills and stolen money? Rush committed a non-violent crime that should not be a crime and that hurt no one. Just like the who knows how many young black men spending half their lives in jail for smoking a little pot or crack or whatever, and should be out raising their children and working jobs and buying stuff and not simply soaking up taxpayer dollars in jail while providing jobs for low education white people to be prison guards.
Paul
October 20th, 2009
3:50 pm
JohnD
“hillbilly-heroin popping GOP blowhard”
A bit of stereotyping prejudice present, eh?
Angry Black Man
October 20th, 2009
3:52 pm
Scooter
I guess for some, it would be an admission of guilt?
jconservative
October 20th, 2009
4:00 pm
Jay …”the enforcement of marijuana laws can safely be left to state and local officials.”
I agree with Jay & some of my fellow bloggers – some issues are better left to the States.
The “War on Drugs”. Boy have we ever got our butts kicked on this one.
Scooter
October 20th, 2009
4:02 pm
guess for some, it would be an admission of guilt?
I hadn’t thought about it that way ABM.
Brad Steel
October 20th, 2009
4:02 pm
The ridiculous republican get-tough-on-crime legislation is finally getting exposed as the massive blunder it has been.
Reagan’s war on drugs was horribly ill-conceived by a bunch of nerdy oblivious law-and-order morons. Another failed republican promoted and marketed war has done little other than over crowd prisons with non-violent drug offenders and give pot-heads blights on their records.
The money spent at the DEA would have been much better spent at the SEC.
Angry Black Man
October 20th, 2009
4:04 pm
Scooter
Either that, or they forsee an end to the re-election contributions with a vote to reform drug laws.
josef nix
October 20th, 2009
4:05 pm
PAUL
“hillbilly-heroin popping GOP blowhard”
A bit of stereotyping prejudice present, eh?
You beat me to it!
JohnD, Cape Giradeau is on the Mississippi River in southeastern Missouri, a good distance from either Appalachia or the Ozarks…
AmVet
October 20th, 2009
4:07 pm
A Reagan/Meese production:
http://www.youtube.com/watch?v=bM_vLk1I6G4
Angry Black Man
October 20th, 2009
4:09 pm
Mt. Dew or Sundrop is the choice for hillbillies.
josef nix
October 20th, 2009
4:10 pm
Let’s see, didn’t Ima Gonna defend the AG defense of DOMA as “required,” but now we get this on drugs…Hmmm…
But as for the decriminilization, didn’t we learn anything at all with Prohibition?
Mrs. Godzilla
October 20th, 2009
4:12 pm
The law allows me to make enough alcohol for personal consumption.
I’d like to see the same thing for cannibis.
Scooter
October 20th, 2009
4:13 pm
ABM
I guess that’s a “follow the money” thing as usual>
josef nix
October 20th, 2009
4:14 pm
ABM–and which Mountain Dew would that be, the one dispensed from the soft drink machine or the one the Revenoors go lookin’ fer…
BTW, John D. My mother’s side is Hillbilly and d*mnded proud of it. That’s out name for ourselves and I’ll thank you to remember that you may be stepping on some toes that, well, let’s just say, would hardly fit your bigoted stereotype…
josef nix
October 20th, 2009
4:15 pm
Mrs G–@ 4:12
It makes sense…
Angry Black Man
October 20th, 2009
4:19 pm
The homebrewed Dew of course
Angry Black Man
October 20th, 2009
4:21 pm
Scooter
Anything that has to do with Congress or Congressperson generally involves money at some point.
josef nix
October 20th, 2009
4:23 pm
ABM–
I know where you’re from! “…stranger ain’t come down from Rocky Top, reckon he never will…”
@@
October 20th, 2009
4:25 pm
STRATFOR — Eurozone finance ministers met in Luxembourg on Oct. 19 and expressed their concern about the weak U.S. dollar, which must be strong for European export prices to be competitive. As long as the euro is rising against the dollar, continuing economic recovery in the eurozone is at risk. All of this likely will come to a head Nov. 6-7 when G-20 finance ministers and central bankers meet for a summit in Fife, Scotland.
Any discussion coming from Germany’s Merkle should be interesting. She IS NOT pleased with Obama’s handling of our economy.
Another weight and sea for Obama.
Disgusted
October 20th, 2009
4:26 pm
Fine with me. If you’re into grass, you can smoke so much of it that you’ll want to eat a ten-pound hamburger and 50 bags of snacks. It won’t bother me until you decide to get on the road under the influence. That’s where I draw the line.
getalife
October 20th, 2009
4:28 pm
There is an app for that.
I’m hungry
Taxpayer
October 20th, 2009
4:29 pm
“
hillbilly-heroinOxy popping GOP blowhard”There. Perhaps there will less objection on technical grounds now.
Gawingnut
October 20th, 2009
4:32 pm
Mrs. Godzilla
October 20th, 2009
4:12 pm
The law allows me to make enough alcohol for personal consumption.
I’d like to see the same thing for cannibis.
I would, too. But I do believe there is a federal limit (200 gallons/annually) on the home brew you can make for yourself.
Bullseye
October 20th, 2009
4:32 pm
A long read, but worthwhile.
http://www.drugwarrant.com/articles/why-is-marijuana-illegal/
josef nix
October 20th, 2009
4:34 pm
Taxpayer–”blessed are the peacemakers!”
Now if you want to call him an Oxy popping GOP blowhard lard a** ignoramus…I’ll go for that…
Disgusted–behind the wheel of a car is where I draw the line, too.
@@
October 20th, 2009
4:37 pm
‘Ya know, I can almost believe that Pakistan will come around quicker than Afghanistan. The militants are attacking schools now — two girls’ schools and one law school for men.
STRATFOR — However, going after soft targets and especially youths in Pakistan will likely further alienate the population, and strengthen resolve and consensus to pursue and neutralize these militants.
Can we send in more drones now?
Mrs. Godzilla
October 20th, 2009
4:37 pm
GAwingnut
that’s a lot more brew than my poor irish kidneys could handle in a year….
(irish kidneys – 200 gallons in 400 gallons out)
I Report (-: You Whine )-: mmm, mmmm, mmmmm!
October 20th, 2009
4:37 pm
I think liberals should be able to smoke all the dope they want.
It isn’t like they can kill any brain cells or something like that.
@@
October 20th, 2009
4:44 pm
For argument’s sake, I have to ask.
In the event that say…some guy has a bogus prescription for medical marijuana (one that law enforcement failed to catch) and that guy is driving under the influence and kills someone. Could the government (as a co-”dependent”) be held liable for the death?
I could see them as guilty of negligence in a lot of ways, but in ^^^ that case?
I Report (-: You Whine )-: mmm, mmmm, mmmmm!
October 20th, 2009
4:46 pm
Mr. Obama will fly to New York on Tuesday for a lavish Democratic Party fund-raising dinner at the Mandarin Oriental Hotel for about 200 big donors. Each donor is paying the legal maximum of $30,400 and is allowed to take a date.
And hey, if you don’t like it, grab a damn mop! As Obama said just last week at . . . uh, another lavish Democratic Party fund-raiser.-Taranto, WSJ
Meanwhile, in Afghanistan…..