Eric Holder

US: Forced Guilty Pleas in Drug Cases; Threat of Draconian Sentences Means Few Risk Trial

AnOfferYouCan'tRefuse

Federal prosecutors routinely threaten extraordinarily severe prison sentences to coerce drug defendants into waiving their right to trial and pleading guilty, Human Rights Watch said in a report released on Thursday. In the rare cases in which defendants insist on going to trial, prosecutors make good on their threats.

Federal drug offenders convicted after trial receive sentences on average three times as long as those who accept a plea bargain, according to new statistics developed by Human Rights Watch.

The 126-page report, “An Offer You Can’t Refuse: How US Federal Prosecutors Force Drug Defendants to Plead Guilty,” details how prosecutors throughout the United States extract guilty pleas from federal drug defendants by charging or threatening to charge them with offenses carrying harsh mandatory sentences and by seeking additional mandatory increases to those sentences. Prosecutors offer defendants a much lower sentence in exchange for pleading guilty.

Since drug defendants rarely prevail at trial, it is not surprising that 97 percent of them decide to plead guilty.

Colombia: Atty. Gen. Eric Holder Slams U.S. Mass Incarceration At Conference In Medellín

HandsOnPrisonBars2

Holder: “We Will Never Prosecute or Incarcerate Our Way to Becoming a Safer Nation”; 1 in 100 Americans Behind Bars Inadvisable and Unsustainable, Financially and Morally

DPA's Ethan Nadelmann: Historic Significance of Holder’s Critique Cannot Be Denied

Attorney General Eric Holder on Thursday offered the Obama Administration’s most forceful critique to date of U.S. mass incarceration policies, at a meeting of the hemisphere's security ministers in Medellín, Colombia. He also emphasized the Obama Administration's efforts to scale back mandatory minimum sentencing policies.

“The path we are currently on is far from sustainable,” said Holder. “As we speak, roughly one out of every 100 American adults is behind bars.

"Although the United States comprises just five percent of the world’s population, we incarcerate almost a quarter of the world’s prisoners," Holder said. "While few would dispute the fact that incarceration has a role to play in any comprehensive public safety strategy, it’s become evident that such widespread incarceration is both inadvisable and unsustainable.

"It requires that we routinely spend billions of dollars on prison construction – and tens of billions more, on an annual basis, to house those who are convicted of crimes," said the Attorney General. "It carries both human and moral costs that are too much to bear. And it results in far too many Americans serving too much time in too many prisons – and beyond the point of serving any good law enforcement reason.”

D.C.: Marijuana Likely To Be Decriminalized In Nation's Capital

DCmarijuana

By Steve Elliott
Hemp News

Firing up a joint in the U.S. capital may soon get you in less trouble than a parking ticket.

Mayor Vincent Gray and 10 of 13 members of the D.C. Council have endorsed a plan to decriminalize possession of small amounts of marijuana; this means cannabis possession would be a civil offense, rather than a criminal offense, reports The Washington Post.

Under the plan, recreational marijuana users won't face arrest, charges or jail, as long as they aren't caught with more than an ounce of pot. Instead, they would have to pay a fine, possibly as low as $25. The mayor also wants criminal penalties to remain in place for those caught smoking weed in public.

A recent report from the American Civil Liberties Union (ACLU) suggests that D.C. and many other places enforce anti-marijuana laws in a racially discriminatory manner, arresting a disproportionate number of African American suspects.

The Washington Post endorsed decrim, saying "Enforcing criminal penalties against those who aren’t involved in trafficking or selling the drug would be too harsh and a waste of government resources."

U.S.: Attorney General Holder Expands Major Reform of Mandatory Minimum Drug Laws

EricHolder

Holder Orders Prosecutors to Remove Any Reference to Quantities Of Illicit Drugs that Trigger Mandatory Minimums And To Apply Provision to Pending Cases

Bipartisan Support Grows In Congress for Overhauling U.S. Drug Laws

Attorney General Eric Holder and the Obama Administration are continuing to push for reforms of draconian drug sentencing policies that have resulted in the U.S. federal prison population skyrocketing over the past three decades. The White House announced that they will curtail federal mandatory minimum drug laws by ordering prosecutors to remove any references to specific amounts of illegal drugs that trigger mandatory minimum sentences.

Holder also ordered prosecutors to refile charges against defendants in pending cases and to apply the new policy to defendants who are already in the system but have not yet been sentenced.

“I must say I’m impressed at the speed and specificity with which Mr. Holder has followed up on last month’s comments,” said Ethan Nadelmann, executive director of the Drug Policy Alliance (DPA). “This looks like a major good faith effort to reform federal drug sentencing laws as much as possible given the constraints of federal law and judicial prerogative over sentencing.”

U.S.: Wednesday Senate Hearing to Highlight Opposition to Mandatory Minimum Sentencing

OvercrowdedPrisonsMandatoryMinimums

Hearing Builds on Bipartisan Patrick Leahy/ Rand Paul Legislation and Attorney General Holder’s Recent Call for Federal Sentencing Reform

As Opposition to Mass Incarceration Builds, Mandatory Minimums Face Increased Scrutiny From Across Political Spectrum

The U.S. Senate Judiciary Committee on Wednesday will hear testimony from four conservative witnesses who have concerns with the continued use of mandatory minimum sentencing, a costly and counterproductive cookie-cutter approach that binds a judge’s ability to apply a meaningful sentence that will address the offense and provide for public safety.

According to the U.S. Sentencing Commission and a recent report by the Congressional Research Service, mandatory minimums have significantly contributed to the overcrowding crisis in the Bureau of Prisons and drastic racial disparities in the criminal justice system. The BOP operates at nearly 140 percent of capacity -- one-fourth of the Justice Department’s budget.

Last month, Attorney General Eric Holder said there are too many people in prison and it is time for federal sentencing reform. In his remarks, Attorney General Holder encouraged a partnership between the legislative and executive branches to work to solve the issue.

With less than 5 percent of the world’s population -– but nearly 25 percent of the world’s prison population -– the U.S. leads the world in the incarceration of its own citizens.

D.C.: Marijuana Legalization Bill To Be Introduced In Council Next Week

MarijuanaWashingtonDC

By Steve Elliott
Hemp News

Both Washingtons could have legal marijuana soon -- both the state and the nation's capital. A member of the D.C. Council plans to introduce legislation next week that would legalize the recreational use of marijuana in Washington, D.C.

"If we're going to have alcohol legal in this country, I don't see any reason why we couldn't have marijuana legal," Councilman David Grosso said, reports Michael Walsh at the New York Daily News.

The bill would regulate and tax marijuana sales and create licensing requirements for the Alcoholic Beverage Regulation Administration, Grosso told Andrea Noble of The Washington Times. It would also reportedly make it legal for cannabis users to grow a small amount on their property.

Grosso thinks a few attempts might be necessary to get the legislation passed. "I'm not holding my breath this year, but I'm hoping to get the debate out there," he said.

Ten of the District's 13 council members already support a bill to decriminalize possession of small amounts of pot. That, however, doesn't necessarily mean they support legalization.

U.S.: Historic Senate Hearing on Marijuana Legalization Tuesday

ColoradoWashingtonMarijuanaLegal

Majority of Americans Now Support Legalizing and Regulating Marijuana like Alcohol

Senator John McCain: “I Respect the Will of the People”

By Steve Elliott
Hemp News

The Senate Judiciary Committee on Tuesday, September 10, will hold the first-ever Senate hearing on the issue of marijuana legalization and the tension between state and federal marijuana laws.

Colorado and Washington last November became the first political jurisdictions in the world to approve the legal regulation of marijuana. Twenty states and the District of Columbia have also approved the medical use of marijuana.

The witnesses at Tuesday's hearing will include Jack Finlaw, chief legal counsel to Colorado’s Governor John Hickenlooper, and the Honorable John Urquhart, Sheriff of King County in Seattle, an outspoken proponent of marijuana law reform.

Witnesses are expected to testify regarding the unnecessary challenges placed on regulators and law enforcers by lack of access to banking services and the resulting cash-based business structure.

The Senate Judiciary Committee hearing is scheduled for 2:30 p.m. ET in the Hart Senate Office Building, Room 216.

On August 29, the Department of Justice issued a directive to federal prosecutors instructing them not to interfere with state marijuana laws – as long as a number of stipulations are adhered to, such as preventing distribution to minors.

Colorado: Pro-Marijuana Group Places Billboard Outside Denver Broncos' Mile High Stadium

StopDrivingPlayersToDrink(MPPMileHighBillboard)

By Steve Elliott
Hemp News

A huge pro-marijuana billboard now greets visitors to Mile High Stadium, home of the Denver Broncos, thanks to the Marijuana Policy Project.

MPP is continuing its strategy of advertising at our near popular American sports events with the billboard purchase just outside Sports Authority Field at Mile High, reports Dan Carson at Bleacher Report.

"Stop Driving Players To Drink," the billboard scolds the National Football League, referring to the NFL's policy of punishing players for smoking marijuana, but allowing alcohol use.

"NFL players are being told that they can go out and get completely drunk, but face no punishment from the leagues," MPP spokesman Mason Tvert said. "But if a player gets caught using marijuana, they could be fined hundreds of thousands of dollars, forced to sit out games and deemed a troublemaker."

MPP had attempted to air a promotional video at the Indianapolis Speedway in July during the Brickyard 400, but the ad was pulled before the race began.

MPP reportedly paid $5,000 for the ad space. The billboard is located one block west of the stadium.

Colorado voters, like those in Washington state, last November legalized marijuana for adults. Last week, U.S. Attorney General Eric Holder said the federal government won't interfere with the state laws legalizing cannabis -- at least not right now.

New Jersey: Gov. Christie Says Obama Administration Wrong Not To Challenge Legal Marijuana

NJGovChrisChristie(unflattering)

By Steve Elliott
Hemp News

It's no wonder that New Jersey Republican Governor Chris Christie has been foot-dragging for years when it comes to implementation of his state's medical marijuana law, signed by his Democratic predecessor Jon Corzine on Corzine's last day in office: He really hates cannabis.

While speaking to a crowd in Point Pleasant, N.J., on Thursday, Gov. Christie said the Obama Administration's decision to not legally challenge marijuana legalization in Colorado and Washington was "a mistake" that essentially legalizes cannabis, reports Susan K. Livio at The Star-Ledger. Christie vowed that "will never happen" in New Jersey while he is governor. But something tells me Christie doesn't have to worry about a second term.

Christie was responding to U.S. Attorney General Eric Holder's announcement that the Obama Administration would not challenge the decision by Colorado and Washington voters to legalize marijuana possession.

"Based on assurances that those states will impose an appropriately strict regulatory system, the Department is deferring its right to challenge the legalization laws at this time," the memo read. "Marijuana is and remains illegal under federal law."

Christie, a former U.S. Attorney, claimed Holder overstepped his authority.

U.S.: Feds Approve State Marijuana Legalization: DoJ Will Allow CO, WA To Go Forward

EricHolder

Colorado and Washington to Establish Systems for State-Regulated Marijuana Retail Sales

By Steve Elliott
Hemp News

At a Thursday press briefing, the U.S. Department of Justice announced it will allow Colorado and Washington to move forward with implementation of laws establishing state-regulated systems of marijuana production and distribution.

Attorney General Eric Holder told the governors of Washington and Colorado that the DoJ would "allow" the states to create a system of regulation implementing the ballot initiatives that legalized adult use of marijuana, reports Ryan Grim at The Huffington Post.

The directive will also apply to the 20 states that have legalized cannabis for medicinal purposes.

Deputy Attorney General James Cole also issued a three-and-a-half page memo to U.S. Attorneys.

"The Department's guidance in this memorandum rests on its expectation that states and local governments that have enacted laws authorizing marijuana-related conduct will implement strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health and other law enforcement interests," Cole's memo reads. "A system adequate to that task must not only contain robust controls and procedures on paper; it must also be effective in practice."

The memo outlines eight priorities for federal prosecutors enforcing marijuana laws. According to the new guidance, DoJ will still prosecute individuals or entities to prevent:

• The distribution of cannabis to minors;

U.S.: Senator Leahy Schedules Federal Marijuana Hearing, Calls For Respect For State Laws

SenatorPatrickLeahyMarijuana

Attorney General Holder Invited to Hearing Scheduled for September 10

By Steve Elliott
Hemp News

Senator Patrick Leahy (D–VT) on Monday invited Attorney General Eric Holder to a September 10 hearing to clarify the federal response to states that have passed marijuana laws in conflict with federal policy.

"It is important, especially at a time of budget constraints, to determine whether it is the best use of federal resources to prosecute the personal or medicinal use of marijuana in states that have made such consumption legal," Leahy, who chairs the Senate Judiciary Committee, said on Monday, reports US News.

"I believe that these state laws should be respected," Leahy said. "At a minimum, there should be guidance about enforcement from the federal government."

Twenty states and the District of Columbia have legalized medical marijuana, and Colorado and Washington last year became the first places in the world to legalize and regulate marijuana for personal use.

Holder has been saying that an announcement clarifying the federal response to these new state laws would be coming “soon” since last year. In the meantime, the federal government has continued to crack down on medical marijuana providers, leaving states and local communities unsure how best to proceed.

Survey: Americans Skeptical of Value of Enforcing Marijuana Laws

LegalizeIt

By Steve Elliott
Hemp News

U.S. Attorney General Eric Holder's proposal to dial back mandatory minimum sentences for low-level drug offenders will likely find a receptive audience among Americans, whose attitudes towards marijuana use are the most relaxed they've ever been. Americans, research shows, are highly skeptical of the value of enforcing marijuana laws.

A March survey from the Pew Research Center found that 72 percent of Americans believe enforcing the marijuana laws costs more than they are worth, reports Andrea Caumont at Pew. Sixty percent said the federal government should not enforce federal laws against cannabis in states where it is legal.

There is broad agreement across partisan and demographic groups that enforcing the marijuana laws is not worth the cost. While some partisan differences exist, 78 percent of independents, 71 percent of Democrats and 67 percent of Republicans said marijuana enforcement costs more than it is worth.

Older Americans are less likely to say enforcing the marijuana laws is too costly: 63 percent of those older than 65 say this, compared with 72 percent of those aged 50-64, 73 percent of those aged 30-49 and 76 percent of 18- to 29-year-olds.

U.S.: Eric Holder Calls For Major Drug Sentencing Reforms

EricHolder2

Bipartisan Support Grows In Congress for Overhauling U.S. Drug Laws

By Steve Elliott
Hemp News

In a Monday speech to the American Bar Association, U.S. 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 with Congress to pass bipartisan sentencing reform.

In the future, many low-level charges against dealers not judged to be part of a large gang or cartel will no longer detail how much they were caught with, side-stepping the federal minimum sentencing laws, reports Dan Roberts at The Guardian. A memo outlining the new policy will be sent out to U.S. Attorneys by the Justice Department, reports CBS This Morning

U.S.: Attorney General Eric Holder Calls for Major Drug Sentencing Reform

EricHolder

Bi-Partisan Support Grows In Congress for Overhauling U.S. Drug Laws

Drug Policy Alliance Urges Administration to Think Big and Leave a Lasting Legacy

In an interview with NPR that aired on 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 have been a lot of unintended consequences. There’s been a decimation of certain communities, in particular communities of color.”

“Attorney General Holder is clearly right to condemn mass incarceration and racial disparities in the criminal justice system,” said Bill Piper, director of national affairs for the Drug Policy Alliance (DPA). “Both he and the president have an opportunity to leave a lasting legacy by securing substantial, long overdue drug policy reform.”

A team of lawyers at the Justice Department is reportedly working on proposals that Holder could present as early as a speech next week. Some of the proposals could include de-prioritizing low-level drug offense.

Washington: Lawmakers Call On Attorney General to Respect the Will of Voters on Marijuana Laws

MarijuanaLeafBlackBackground

Sen. Murray, Sen. Cantwell, and five U.S. Reps. emphasize the need to address the serious banking issue plaguing legitimate businesses

By Steve Elliott
Hemp News

In a June 17 letter, seven members of the Washington Congressional delegation urged U.S. Attorney Eric Holder and the Department of Justice to “respect the will of the voters” and honor Colorado and Washington’s right to tax and regulate marijuana sales to adults.

Seven months after the historic passage of Initiative 502 in Washington and Amendment 64 in Colorado, the Department of Justice has yet to indicate its intentions regarding the laws; the letter cites the expense already incurred by both states in implementation and the lost potential for economic advancement as two compelling reasons the delegation desires a statement be made without further delay.

Recreational marijuana sales in Washington are expected to begin in early 2014 unless DOJ does something to stop that from happening.

"We urge DOJ to expeditiously announce a course of action that will respect the will of these voters, and to work cooperatively with our states during the implementation of these laws," the lawmakers wrote.

Syndicate content