drug policy

  • December 22, 2011

    by Nicole Flatow

    Law professor Andrew Ferguson has argued that citizens should perceive their duty to serve on a jury as a civic duty equivalent to voting.

    “This ideal of civic participation, the idea of we ordinary citizens coming to decide things just like they came to vote for the legislators was fundamental to the founders,” said Ferguson, a professor at the University of District of Columbia David A. Clarke School of Law, during a recent American Constitution Society event.

    But for the time being, many Americans are apathetic about this constitutional right.

    In comes Paul Butler, a law professor at Georgetown University who argues in The New York Times this week that jurors can play a particularly important role in making our laws fairer through the constitutional doctrine of “jury nullification.”

    The idea of the doctrine is that when jurors vote on a defendant’s guilt or innocence, they are also voting on the fairness of the underlying law, or prosecutors’ enforcement of that law.

    So if you think it is wrong to prosecute a person for marijuana possession, or if you think a particular prosecution is racially biased or inappropriate, you should vote “not guilty” in a marijuana possession trial, regardless of whether you think the person committed the crime, Butler suggests.

  • February 1, 2011
    Guest Post

    By Alex Kreit, assistant professor of law and director of the Center for Law and Social Justice at Thomas Jefferson School of Law in San Diego. Kreit is author of the ACS Issue Brief, "Toward a Public Health Approach to Drug Policy."  
    Last week, for the third year in a row, President Obama answered questions submitted and voted on by YouTube users. And, for the third year in a row, questions about drug policy generally, and marijuana legalization in particular, attracted the most votes. In fact, the top 10 questions this year all involved the war on drugs. Nothing in the President's answer to the top-voted drug policy question made news in the immediate sense; he reaffirmed his opposition to marijuana legalization and his support for increased access to treatment and use of drug courts.

    But, if we look behind the policy details, the President's statement is almost surely the most important of his administration on the subject of drug policy.

  • May 11, 2010

    The Obama administration today announced a shift in priorities for combating drug use.

    "The Strategy focuses on treatment - because despite our best efforts some people do become drug users," Office of National Drug Control Policy (ONDCP) Director Gil Kerlikowski says in a video statement. "We need to intervene early, to prevent use from progressing to addiction. We need to increase accessibility to evidence‐based treatments to help those in trouble. And we must promote comprehensive recovery support."

    The new strategy follows other changes in the federal approach to drug policy under the Obama administration, including deprioritizing medical marijuana prosecutions, pushing to end the sentencing disparity for powder- and crack-cocaine possession, and repealing a ban on publicly funded needle exchanges.

  • October 19, 2009

    Attorney General Eric Holder has announced that the Department of Justice does not consider it a priority to prosecute patients and distributors who are in "clear and unambiguous" compliance with state laws that allow for medical marijuana use.

    "This action ... reflects the clear sea change taking place, both domestically and especially internationally, regarding drug policy," writes Glenn Greenwald at Salon. "When Mexico decriminalized drugs for 'personal use' in August, the silence -- including from Washington -- was deafening[.]"

    Domestically, one may also note the recent introduction of legislation in the Senate which would end the sentencing disparity for possession of crack and powder cocaine. The minimum sentences for the same amount of the two drugs currently bears a 100:1 ratio which disproportionately affects African Americans. Companion legislation has already been introduced in the House and the Obama administration has voiced support for eliminating the disparity.

    ACS has published articles and blog posts related to debate over drug policy, including an Issue Brief by Professor Alex Kreit called Toward a Public Health Approach to Drug Policy, and guest blog posts by San Francisco District Attorney Kamala Harris and When Brute Force Fails author Professor Mark Kleiman.

  • May 13, 2009
    Guest Post

    by Alex Kreit, assistant professor of law and director of Center for Law and Social Justice at Thomas Jefferson School of Law in San Diego, Calif. Kreit is author of a recent ACS Issue Brief, "Toward a Public Health Approach to Drug Policy."


    Last Thursday, the Senate approved the nomination of Gil Kerlikowske to head the Office of National Drug Control Policy (ONDCP)-a position commonly referred to as "drug czar." With issues like the economy and national security looming large, drug policy is not the high profile issue it once was in the late 1980's and early 1990's when, at one point, 64 percent of Americans listed drugs as the country's "greatest problem."

    But, while drug abuse may not be the most pressing issue we face today, Kerlikowske will be taking office in the midst of an unprecedented shift in attitude among both policy-makers and the public opinion about our nation's drug policy. Since the beginning of 2009 alone, we've seen the Latin-American Commission on Drugs and Democracy led by three former Latin American Presidents (from Bolivia, Columbia, and Mexico) issue a report calling the war on drugs a "failed war," a proposal by Senator Jim Webb to create a blue-ribbon commission with an eye toward overhauling our criminal justice system, and the introduction of legislation in California to tax and regulate marijuana like alcohol. And, within just the past week California Gov. Arnold Schwarzenegger said "it's time for a debate" about legalizing marijuana, and a Zogby poll found that 52% of voters nationwide support marijuana legalization. 

    In short, evidence is mounting that Americans want to put an end to our nearly forty-year failed war on drugs.

    The question for Kerlikowske (right) and Obama will be whether they decide to take the lead in reforming drug policy or leave the task to the next administration. 

    The early signs have been encouraging that President Obama does not plan to blindly follow the drug war policies of the past. Since taking office, Attorney General Eric Holder has said that the administration will no longer raid medical marijuana clubs in states with medical marijuana laws and his office has called on Congress