ALERT: Important Federal Legislative Update

One might have hoped a post-election year would bring an abatement in the quantity and severity of deceptive "tough on crime" grandstanding and reactionary anti-drug legislation, but it was not meant to be. Congress is currently considering three different crime bills, and a number of smaller bills, to raise penalties for drug offenses and create further obstacles to medical use of marijuana.

The three crime bills are S. 3, introduced by the Senate Republicans, S. 15, introduced by the Senate Democrats, and S. 362/H.R. 810, released by the Administration. Most of the provisions of the smaller anti-drug bills are included in one or more of the crime bills.

Raising Powder Cocaine Penalties
S. 3, S. 209, HR 332
Last year a vigorous debate took place on whether to lower crack cocaine penalties to match powder cocaine. Congress overturned the Sentencing Commission's recommendation to equate the two sentencing schemes. The bills to raise powder cocaine penalties are a response to the charge of racial disparity, through the fact that crack cocaine is perceived as primarily an African American problem. But African Americans are also disparately targeted for powder cocaine, so the bills would not actually make sentencing more even. And locking up white people for longer will provide no direct relief to the large numbers of young African American men facing draconian prison terms. S. 3 would create a 5 year mandatory minimum sentence for possession of 100 grams of powder cocaine (down from 500 grams), and a 10 year sentence for 1 kilo (down from 5 kilos). S. 209 and HR 332 would lower the threshold to 5 grams for a 5 year sentence and 50 grams for a 10 year sentence, equivalent to crack cocaine sentences.

Eliminating the Drug Treatment Incentive Program
S. 3
Removes the provision in the 1994 Crime Bill that offered a 1 year reduction in sentence for federal inmates who complete a drug treatment program.

Life or Death for Drug Importation
S. 3 and HR 41
Creates a mandatory minimum penalty of life in prison for importing "100 usual dosage amounts" of heroin, cocaine, crack, PCP, LSD, marijuana, or methamphetamine, and the death penalty for repeat offenders. It probably won't get taken very seriously by Congress, but you never know.

Firearm Mandatory Minimums
S. 3, S. 15, S. 362, HR 424, HR 810
DRCNet takes no general position on gun policy, but we note that these bills would subject nonviolent offenders, including drug offenders, to a 5 year mandatory minimum sentence, if they simply possessed a firearm when caught, even legally.

Punishing Doctors who Recommend Medical Marijuana
S. 3, S. 40
Provides for mandatory revocation of license, and up to 8 years incarceration, for physicians who are found to have recommended medical use of marijuana. Sponsored by Senators Faircloth, Inhofe, and Helms.

Please write your Representative and your two Senators. Tell them you are opposed to the various crime bills being considered in the Senate and the House, S. 3, S. 15, S. 362 and H.R. 810, and that you are particularly opposed to:

• raising penalties for powder cocaine or other drugs;
• eliminating the drug treatment incentive;
• mandatory life sentences or the death penalty for importation of drugs;
• the new firearms mandatory minimums, which would catch even nonviolent drug offenders whose firearms were unused and legally possessed; and
• punishing physicians who recommend the medical use of marijuana.

Tell them you are also opposed to various smaller bills that would enact some of these provisions: S. 209, H.R. 332, H.R. 41, H.R. 424, and S. 40.

You can call your Representative and your two Senators (or find out who they are) through the Congressional Switchboard, (202) 224-3121. You can write them at:

The Honorable {your Rep/Senator}
US House of Representatives/US Senate
Washington, DC 20515/20510

Please also write the following Judiciary Committee Members:

SAMPLE LETTER

Your Name
Your Address

The Honorable {your Rep/Senator}
US House of Representatives/US Senate
Washington, DC 20515/20510

Dear _____:

I am writing to ask you to oppose any legislation that would increase penalties for drug offenses. I oppose the War on Drugs because it is ineffective, generates violence, makes drugs more harmful, and ruins lives. We have the highest incarceration rate in the entire world, and it has to stop.

Specifically, I ask you to oppose the various crime bills now being considered: S. 3, S. 15, S. 362 and H.R. 810, as well as to oppose the following provisions contained in some of them:

• raising penalties for powder cocaine or other drugs;
• eliminating the drug treatment incentive;
• mandatory life sentences or the death penalty for importation of drugs;
• the new firearms mandatory minimums, which would catch even nonviolent drug offenders whose firearms were unused and legally possessed; and
• punishing physicians who recommend the medical use of marijuana.

I also ask that you oppose the following smaller bills that would enact some of the same provisions: S. 209, H.R. 332, H.R. 41, H.R. 424, and S. 40.

I urge you to remember that crime control is a complex issue that defies simplistic solutions like simply raising penalties. People's lives are at stake, and the War on Drugs is no answer.

Sincerely,


Your Name

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