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  MaryJane 9:50 pm on January 27, 2012 Permalink  

  Race and the Drug War 

  Drug Policy Question of the Week – 1-27-12

  As answered by Mary Jane Borden, Editor of Drug War Facts for the Drug Truth Network on 1-27-12. http://www.drugtruth.net/cms/node/3725

  Question of the Week: What about race and the drug war?

  According to the 2010 U.S. Census, Hispanics comprised 16.3% of the U.S. population. Whites and blacks equaled 72.5% and 12.6% respectively.

  Findings from the 2010 National Survey on Drug Use and Health show that rates of substance abuse or dependence that to be “9.7 percent for Hispanics, 8.9 percent for whites, and 8.2 percent for blacks.”

  According to the Centers for Disease Control, “At the end of 2008, the largest percentage of persons living with a diagnosis of HIV infection —48%— were blacks…. Among the remaining racial/ethnic groups, the percentages were 33%, whites; 17%, Hispanics/Latinos;” Infection by injection drug use is highest among blacks.

  The Bureau of Justice Statistics reported that, of the estimated 242,200 prisoners under state jurisdiction sentenced for drug offenses in 2009, 17.3% were Hispanic, 30.4% were white, and 50.5% were black.

  Let’s review the numbers.

  9.7% of Hispanics are drug abusers. Hispanics represent 16.3% of the population, 17% of persons living with HIV and 17% of drug offenders in state prison.

  8.9% of Whites are drug abusers. Whites encompass 72.5% of the population, 33% of those living with HIV and 30.4% of drug offenders in state prison.

  Only 8.2% of Blacks are drug abusers. Blacks equal 12.6% of the population, but 48% all HIV patients and 50.5% of offenders in state prisoners on drug charges.

  As stated by the Cato Institute,

  “If we truly want to get past race in this country, we must be aware that it will never happen until the futile War on Drugs so familiar to us now is a memory.”

  These facts and others like them can be found in the Race and HIV and Drug Usage Chapters of Drug War Facts at http://www.drugwarfacts.org.

   
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  MaryJane 5:06 pm on January 18, 2012 Permalink  

  Private Prisons 

  Drug Policy Question of the Week – 1-18-12

  As answered by Mary Jane Borden, Editor of Drug War Facts for the Drug Truth Network on 1-18-12. http://www.drugtruth.net/cms/node/3715

  Question of the Week: What are private prisons?

  Last week we talked about the number of people under control of the U.S. criminal justice system. As noted, tables based on data from the Bureau of Justice Statistics in the Prisons and Jails chapter of Drug War Facts show about 1.3 million people housed in state facilities in 2010.

  Incarcerating all of those state prisoners cost approximately $51 billion in 2010 according to the National Association of State Budget Officers, almost 20% more than 2005. Further, according to the BJS, in 2010,

  “Nineteen state systems were operating above their highest capacity, with seven states at least 25% over their highest capacity at yearend 2010, led by Alabama at 196% and Illinois at 144%.”

  “… spending growth on corrections has slowed considerably due to widespread revenue shortfalls and limited resources,” said the NASBO.

  What’s a cash-strapped state to do? One answer seems to lie in privately run prisons, now housing about 94,000 state inmates who represent nearly 7% of all state prisoners and an increase in the prisoner count of about 31% over the year 2000.

  The American Civil Liberties Union confirmed that,

  “Private prisons for adults were virtually non-existent until the early 1980s, but the number of prisoners in private prisons increased by approximately 1600% between 1990 and 2009. Today, for-profit companies are responsible for approximately 6% of state prisoners, 16% of federal prisoners, and, according to one report, nearly half of all immigrants detained by the federal government. In 2010, the two largest private prison companies [Corrections Corporation of America and the GEO Group [then called Wackenhut Corrections Corporation] alone received nearly $3 billion dollars in revenue”

  These facts and others like them can be found in the Prisons and Jails Chapters of Drug War Facts at http://www.drugwarfacts.org.

   
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  MaryJane 9:53 pm on January 15, 2012 Permalink  

  US Criminal Justice System 

  Drug Policy Question of the Week – 1-11-12

  As answered by Mary Jane Borden, Editor of Drug War Facts for the Drug Truth Network on 1-11-12. http://www.drugtruth.net/cms/node/3706

  Question of the Week: How many people are under the control of the U.S. criminal justice system?

  An April 2011 report by the Justice Policy Institute begins by stating,

  “The United States is home to the world’s largest prison population. … the U.S. has only 5 percent of the world’s population but holds 25 percent of the world’s prisoners …”

  There are several components to the U.S. criminal justice system. Quoting the Institute,

  “The entry point into the criminal justice system is typically through law enforcement. … In the U.S., when a person is charged with an offense they may be detained in jail until their trial or they may be released to await their trial in the community through a variety of mechanisms … people are said to be “remanded,” which is a summons to appear before a judge at a later date. If they are not released pretrial they can be “remanded to custody” until their court proceeding; if they are convicted, they can be remanded to custody prior to sentencing or during an appeal process … Pretrial detention is associated with a higher likelihood of both being found guilty and receiving a sentence of incarceration over probation, thus forcing a person further into the criminal justice system. In the United States, this is particularly important because of the sheer numbers”

  What are those numbers?

  In 2010 there were approximately:

  4,000,000 people on probation

  840,000 on parole

  207,000 in federal prison

  1,300,000 in state prison

  and 749,000 in local jails

  For a total of 7,100,000 people under the control of the U.S. Criminal Justice system.

  These facts and others like them can be found in the “U.S. Corrections Population” Table in  Prisons & Jails Chapter of Drug War Facts at http://www.drugwarfacts.org.

   
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  MaryJane 9:28 pm on January 15, 2012 Permalink  

  Marijuana Prisoners 

  Drug Policy Question of the Week – 12-19-11

  As answered by Mary Jane Borden, Editor of Drug War Facts for the Drug Truth Network on 12-19-11. http://www.drugtruth.net/cms/node/3677

  Question of the Week: How many people are in prison for marijuana?

  Aficionados will recall that there are important statistics in drug policy that must be computed. These include the number of marijuana arrests and the number of people behind bars for marijuana offenses.

  To calculate the number of “marijuana prisoners,” two reports are necessary.

  Report #1 is “Prisoners in 2004,” from the Bureau of Justice Statistics, Table 1, page 2. Find these numbers:

  Total Federal Prisoners in 2004 =  170,535

  Total State Prisoners in 2004 =  1,244,311

  Report #2 is, “Drug Use and Dependence, State and Federal Prisoners, 2004,” again from the Bureau of Justice Statistics, page. 4. Find these numbers:

  Percent of federal prisoners held for drug law violations in 2004 = 55%

  Percent of state prisoners held for drug law violations in 2004 = 21%

  Marijuana/hashish, Percent of federal drug offenders, 2004 = 12.4%

  Marijuana/hashish, Percent of state drug offenders, 2004 = 12.7%

  Now, do the math,

  Multiply total prisoners times the percent of prisoners held for drug law violations. Then multiply this product times the percentage of marijuana offenders. The result is:

  Federal marijuana prisoners, 2004 = 11,630

  State marijuana prisoners, 2004 = 33,186

  Total federal and state marijuana prisoners in 2004 = 44,816

  Thus, those in prison for marijuana offenses represent about 12.6% of those incarcerated for drug law violations and 3.2% of total state and federal prisoners. It should be noted that these numbers exclude those among the 700,000+ inmates who may be in local jail because of a marijuana arrest.

  These facts and others like them can be found in the Prisons and Drugs Chapter of Drug War Facts at http://www.drugwarfacts.org.

   
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  MaryJane 4:52 pm on January 15, 2012 Permalink  

  Cannabis rescheduling 

  Drug Policy Question of the Week – 12-15-11

  As answered by Mary Jane Borden, Editor of Drug War Facts for the Drug Truth Network on 12-15-11. http://www.drugtruth.net/cms/node/3671

  Question of the Week: How can cannabis be rescheduled?

  According to the Congressional Research Service, the current scheduling scheme for various drugs called the Controlled Substances Act

  “was signed into law as the Comprehensive Drug Abuse Prevention and Control Act of 1970.”

  Found under Title 21 of the U.S. Commercial Code. Subchapter I, Section 812 the CSA

  “established five schedules of controlled substances, to be known as schedules I, II, III, IV, and V.”

  In “Initial Schedules of Controlled Substances,” the CSA placed marijuana and its derivatives under Schedule 1, the most restrictive of the five categories.

  Note usage of the term initial. In theory, the schedule of cannabis or any other drug (there are hundreds) can be upgraded (to a more restrictive schedule) or downgraded (to a less restrictive one).

  The Congressional Research Service unfortunately notes that

  “Lawmakers have repeatedly rebuffed campaigns to reschedule marijuana under the CSA, a step that would permit marijuana to be used for some medical purposes. Likewise, courts have refused to carve out exceptions to the CSA, even for individuals who claim a dire need for the drug.”

  Thus, Congress has the authority to reschedule, as do the courts given the right case, but so far neither has done so.

  Robert Miklos in the Stanford Law Review counters that,

  “the CSA authorizes the Attorney General to [reschedule], in consultation with the Secretary of Health and Human Services and the DEA. … the President would not need the consent of Congress to make this more fundamental change to federal law.”

  Thus, the President and his Executive Branch have the authority to reschedule cannabis, but so far refuse to do so.

  These facts and others like them can be found in the Crime and Medical Marijuana Chapters of Drug War Facts at http://www.drugwarfacts.org.

   
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  MaryJane 1:35 pm on January 13, 2012 Permalink  

  Synthetic Cannabinoids 

  Drug Policy Question of the Week – 11-30-11

  As answered by Mary Jane Borden, Editor of Drug War Facts for the Drug Truth Network on 11-30-11. http://www.drugtruth.net/cms/node/3650

  Question of the Week: What are synthetic cannabinoids?

  As described in an October 2011 report by Congressional Research Service,

  “Synthetic cannabinoids are substances chemically produced to mimic tetrahydrocannabinol, the active ingredient in marijuana. When these substances are sprayed onto dried herbs and then consumed through smoking or oral ingestion, they can produce psychoactive effects similar to those of marijuana.”

  A September 2011 issue of Frontiers in Behavioral Neuroscience, explains that these agents are

  “… sold on the Internet as herbal mixtures under the brand names of “Spice,” “Spice Gold,” “Spice Diamond,” “Arctic Spice,” “Silver,” “Aroma,” “K2,” “Genie,” “Scene” or “Dream,” and advertised as incense products, meditation potpourris, bath additives, or air fresheners. These products are often referred to as “herbal highs” or “legal highs””

  They were developed according to the CRS by

  “Clemson University Professor John Huffman [who] is credited with first synthesizing some of the cannabinoids, such as JWH-018, now used in “fake pot” substances such as K2. The effects of JWH-018 can be 10 times stronger than those of THC.”

  Current Psychiatry reported that

  “many have been banned in several European countries, 18 U.S. states, and the U.S. military. In March 2011, the FDA placed 5 synthetic cannabinoids on Schedule I, making them illegal to possess or sell in the United States.”

  However, the CRS notes concerns about the DEA’s action, stating that,

  “Professor Huffman did not intend for K2 to be consumed by humans. He is, however, against adding synthetic cannabinoids to Schedule I, asserting that there is still much to learn about [them] …  Professor Huffman has created several synthetic cannabinoids that are seen as showing promise in treating skin cancers, pain, and inflammation.”

  These facts and others like them can be found in the Marijuana Chapter of Drug War Facts at http://www.drugwarfacts.org.

   
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  MaryJane 1:14 pm on January 13, 2012 Permalink  

  Mandatory Minimum Sentencing 

  Drug Policy Question of the Week – 11-21-11

  As answered by Mary Jane Borden, Editor of Drug War Facts for the Drug Truth Network on 11-21-11. http://www.drugtruth.net/cms/node/3639

  Question of the Week: What are mandatory minimum sentences?

  As described by the Sentencing Project,

  “Along with the stepped-up pace of arrests in the 1980s, legislatures throughout the country adopted harsher sentencing laws in regard to drug offenses. The federal system, in particular, led the way with the passage of the Anti-Drug Abuse Act of 1986 and … of 1988. Among a number of provisions, these laws created a host of severe mandatory minimum sentencing laws for drug offenses and affected the calibration of the federal Sentencing Guidelines, which were being formulated simultaneous to these statutory changes. The result of these developments was to remove discretion from the sentencing judge to consider the range of factors pertaining to the individual and the offense that would normally be an integral aspect of the sentencing process, thereby increasing the number of individuals in federal court exposed to a term of incarceration for a drug offense.”

  In its recent report to Congress, the United States Sentencing Commission contended that,

  “Sentencing data and interviews with prosecutors and defense attorneys indicate that mandatory minimum penalties that are considered excessively severe tend to be applied inconsistently.”

  The other unintended consequences of mandatory minimum penalties were enumerated by The Pennsylvania Commission on Sentencing to include,

  “significant increases in the costs of corrections due to longer prison terms and an increasing prison population; removal from consideration of other sentencing options that may prove to be less costly and/or more effective than mandatory incarceration; and Impact on … pleas or verdicts and offender eligibility for rehabilitation programs and early release.”

  The Commission concluded,

  “Addressing the growth in the state prison population, particularly involving drug-related offenders, requires systemic change.”

  These facts and others like them can be found in the Mandatory Minimum Sentencing chapter of Drug War Facts at http://www.drugwarfacts.org.

   
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  MaryJane 9:29 pm on November 21, 2011 Permalink  

  The Marijuana Vote 

  For more about the “marijuana vote,” please check out this press release from Common Sense for Drug Policy issued on November 15, 2011:

  http://www.csdp.org/pr201111.pdf

  Also,  this formatted one-page PDF flyer, “The Marijuana, Minority and Marginal Vote,” contains many of the facts within the CSDP press release.

  http://drugwarfacts.org/cms/files/Marijuana-Minority-&-Marginal-Vote.pdf

   

   
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  MaryJane 9:16 pm on November 21, 2011 Permalink  

  Marijuana Voters 

  Drug Policy Question of the Week – 11-4-11

  As answered by Mary Jane Borden, Editor of Drug War Facts for the Drug Truth Network on 11-4-11. http://www.drugtruth.net/cms/node/3616

  Question of the Week: What is the marijuana vote?

  An October Editorial from the Christian Science Monitor lauded the federal crackdown on California medical marijuana by stating,

  “Pot smokers are a small minority. They are containable … .”

  Are “pot smokers” indeed a small containable minority?

  According to the U.S. Census, 16 million voters in 2008 were Black, 12.3% of the total vote. About 8 million Hispanics and 3 million Asians cast their ballots respectively at 7.4% and 2.6% of the 2008 vote. The youth vote, those 18-24, numbered 12.5 million, 9.5% of the total 2008 vote.

  Applying the National Survey on Drug Use and Health to the Census voting data can compute the “marijuana vote” comprised of 2008 “past year” or “monthly” marijuana users. Because of its illegality, self interest may compel these individuals to vote for candidates who are more lenient toward pot.

  At respective 9.8% and 5.9% of the total 2008 vote, “marijuana voters” numbered about 13 million, with around 7.8 million making up the “medical marijuana vote.” These values are well within ranges that define minority voting blocs like Hispanics, Asians and youth.

  According to Northwestern University Searle Center article,

  “in 2004 less than 2.5 percentage points separated President Bush and Senator Kerry and the margin in 2000 between then-Governor Bush and Vice-President Gore was less than half a percentage point.”

  The Population Studies Center at the University of Michigan declared,

  “the minority support for Obama was instrumental in his success.”

  With almost 40% of the youth vote reporting past year marijuana use, perhaps pot smokers will be not be so “containable” when their support becomes instrumental to candidate success in the 2012 election.

  These facts and others like them can be found in the Civil Rights Chapter of Drug War Facts at http://www.drugwarfacts.org.

   
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  MaryJane 11:15 pm on November 19, 2011 Permalink  

  Prohibition 

  Drug Policy Question of the Week – 10-29-11

  As answered by Mary Jane Borden, Editor of Drug War Facts for the Drug Truth Network on 10-29-11. http://www.drugtruth.net/cms/node/3606

  Question of the Week: How similar is Ken Burns’ ‘Prohibition’ to the Drug War?

  Many aficionados have probably seen “PROHIBITION,” the

  “three-part, five-and-a-half-hour documentary film series directed by Ken Burns and Lynn Novick that tells the story of the rise, rule, and fall of the Eighteenth Amendment to the U.S. Constitution and the entire era it encompassed.”

  Viewers of this film can’t help but see strong similarities between this era and the 21^st Century drug war.

  Substituting the word “drug” for “alcohol,” PBS states that prohibition was,

  “intended to improve, even to ennoble, the lives of all Americans, to protect individuals, families, and society at large from the devastating effects of DRUG abuse.”

  In bold letters, PBS declares,

  “Prohibition turned law-abiding citizens into criminals, made a mockery of the justice system, caused illicit DRUGS to seem glamorous and fun…”

  The similarities between the Prohibition 1 and Prohibition 2 are substantiated by more than words. Consider these statistics. Despite the fact that 25 million people were made criminals by arrests for illegal drugs during the last 15 years, 120 million Americans – roughly half of everyone over age 12 – made a mockery of drug laws by reportedly using an illegal drug in 2010.

  As PBS concludes,

  “The film [Prohibition] raises vital questions that are as relevant today as they were 100 years ago – about means and ends, individual rights and responsibilities, the proper role of government and finally, who is — and who is not — a real American.”

  These facts and others like them can be found in the Alcohol, Crime and Drug Usage Chapters of Drug War Facts at http://www.drugwarfacts.org. Please visit the PBS website pbs.org to learn more about the Prohibition series.