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South Carolina Man Killed Fleeing Roadside Marijuana Search

August 23rd

HANAHAN, SC – A Summerville, South Carolina man was shot and killed by police after allegedly engaging them with gunfire as he fled a traffic stop turned pot bust. Travis Miller, 22, becomes the 26th person to die in US domestic drug law enforcement operations so far this year. According to WCSC-TV, citing police sources, the incident began […]

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Is There a Perfect Storm for Federal Sentencing Reform?

August 15th

WASHINGTON, DC — After decades of ever-increasing resort to mass incarceration in the United States, we seem to be reaching the end of the line. Driven in large part by economic necessity, state prison populations have, in the past three years, begun to decline slightly. The federal prison system, however, continues to grow, but now, […]

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Medical Marijuana Advocates Welcome AG Eric Holder’s Sentencing Reform

August 12th

SAN FRANCISCO, CA — U.S. Attorney General Eric Holder delivered a speech today to the annual meeting of the American Bar Association in which he outlined a new sentencing and enforcement strategy as America enters the fifth decade of the so-called “War on Drugs.” Medical marijuana advocates are cautiously optimistic that the announcement will bring […]

Read Medical Marijuana Advocates Welcome AG Eric Holder’s Sentencing Reform in its entirety on The Daily Chronic.

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As Pressure Mounts, AG Eric Holder Acts on Sentencing Reform

August 12th

SAN FRANCISCO, CA — US Attorney General Eric Holder announced Monday a comprehensive federal sentencing reform package with a strong emphasis on drug sentencing. He said he will direct US Attorneys that low-level, nonviolent drug offenders not tied to gangs or major trafficking organizations should not be charged in ways that trigger lengthy mandatory minimum […]

Read As Pressure Mounts, AG Eric Holder Acts on Sentencing Reform in its entirety on The Daily Chronic.

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Attorney General Eric Holder Expected to Issue Major Drug Sentencing Changes Today

August 12th

WASHINGTON, DC — In a speech to the American Bar Association today Attorney General Eric Holder is expected to announce major federal sentencing changes, including dropping the use of mandatory minimum sentencing in certain drug cases, expediting the release of certain nonviolent elderly prisoners, leaving more offenses to state courts to deal with, and working […]

Read Attorney General Eric Holder Expected to Issue Major Drug Sentencing Changes Today in its entirety on The Daily Chronic.

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Attorney General Eric Holder Calls for Major Sentencing Reform

August 7th

WASHINGTON, DC – In an interview with NPR that Wednesday, Attorney General Eric Holder said there are too many people in prison and it is time for federal sentencing reform. He could announce major changes as early as next week. In the NPR interview Holder said:  “The war on drugs is now 30, 40 years old. There […]

Read Attorney General Eric Holder Calls for Major Sentencing Reform in its entirety on The Daily Chronic.

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Report: US Currently Imprisons 330,000 for Drug Crimes

July 26th

By | The Daily Chronic - The Voice of the Reform Generation

WASHINGTON, DC — For the third year in a row, the number of people in state and federal prisons in the US has declined, the Justice Department’s Bureau of Justice Statistics reported Thursday.

At the end of 2012, there were 1,571,013 prisoners in America, down 1.7% (or 27,770 inmates) from the previous year. Breaking down the numbers (see below), that means that somewhere north of 330,000 people were imprisoned for drug crimes in the US at the end of last year.

The three-year decline in prison populations marks a shift in incarceration policies in the states in recent years. For three decades, prison populations had been increasingly steadily. In 1978, there were 307,276 prisoners; by 2009, that number had climbed to 1,615,487 at the end of 2009.

Nine states (in numerical order: California, Texas, North Carolina, Colorado, Arkansas, New York, Florida, Virginia, and Maryland) saw decreases of more than a thousand inmates. But California alone accounted for more than half the national decline; its prison population decreased by 15,035 as its prison crisis-driven Public Safety Realignment policy diverted “nonserious, nonsex, nonviolent offenders” to local jails instea. . . . . READ MORE

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US Approves ‘Prince of Pot’ Marc Emery’s Transfer to Canada

July 11th

VANCOUVER, BC — The United States government has approved a prisoner transfer application for Mar Emery, a Canadian marijuana activist serving a five year sentence in a US federal prison for selling marijuana seeds over the internet to fund efforts to legalize marijuana.

Emery’s wife, Jodie, said she was informed of the approval by email Wednesday afternoon, shortly after speaking to her husband over the phone.

“It’s great news that the US Department of Justice has approved Marc’s transfer home,” Jodie Emery told Cannabis Culture, a magazine Emery founded. “I hope the Canadian Conservative government quickly approves the paperwork on their end so it becomes official and Marc can come home to Canada.”

The prisoner transfer must still be approved by Canadian authorities before Emery, known as the “Prince of Pot,” would be eligible to return to Canada.

Emery was sentenced to five years in US federal prison for conspiracy to manufacture marijuana, and is serving his sentence at the Yazoo City Federal Correctional Complex in Mississippi.

Emery was indicted in 2005, but wasn’t extradited to the United . . . . . READ MORE

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US Supreme Court: Juries Must Find Facts on Mandatory Minimum Sentences

June 20th

WASHINGTON, DC — The US Supreme Court Monday dealt a blow to mandatory minimum sentencing, ruling that any facts used to trigger a mandatory minimum sentence are “elements” of the crime and must be proven by a jury, not left to a judge. The 5-4 ruling came in Alleyne v. United States.

Until Monday’s ruling, judges had been able to find certain facts that would trigger mandatory minimum sentences, such as quantities of drugs involved in an offense, based on a “preponderance of evidence” in post-conviction sentencing hearings. Now, those facts will have to established by juries in the course of the trial using the higher standard of proof “beyond a reasonable doubt.”

The case is the latest in a line of cases that began with the groundbreaking 2000 Supreme Court decision in Apprendi v. New Jersey, which held that any fact that increases the range of punishments is an “element” of the crime and must be presented to a jury and proved beyond reasonable doubt.

Sentencing reform advocates were pleased by the ruling.

“Mandatory minimums for drug offenders will lessen, but it’s difficult to say to what . . . . . READ MORE

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Report: Obama Justice Department Has Spent Nearly $300 Million on Aggressive Medical Marijuana Enforcement

June 13th

WASHINGTON, DC — Medical marijuana advocacy group Americans for Safe Access (ASA) issued a report today, detailing the costs associated with the federal government’s years-long enforcement effort in states that have adopted medical marijuana laws.

Notably, the report, which is entitled “What’s the Cost?” states that since 1996 nearly half a billion dollars ($500 million) has been spent by the Justice Department — over three presidential administrations — to investigate, raid, arrest, prosecute, and imprison hundreds of medical marijuana patients and their providers. The report is intended for Congressional legislators in an effort to lobby for federal policy reforms, and is part of the Peace for Patients campaign recently launched by ASA.

The feds have conducted more than 200 SWAT-style raids on state-compliant medical marijuana businesses since 2011. Here, law enforcement commandos descend on a Santa Rosa neighborhood in search of medical marijuana growers in September, 2012.READ MORE

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