February Newsletter

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Drug Policy Alliance

February Newsletter

DPA Releases New Report Warning Against Harsh Penalties for Illicit Fentanyl

DPA has released a new report, Criminal Justice Reform in the Fentanyl Era: One Step Forward, Two Steps Back, highlighting the dangers of policymaking based on renewed drug war hysteria in response to fentanyl. The report warns that ramping up sentences for fentanyl, as some members of Congress and the Department of Justice are advocating, will only compound the harms of illicit fentanyl use and undermine recent federal progress on sentencing reform.

The report examines the impact of fentanyl legislation around the U.S., investigates the risk that increased penalties pose, and draws parallels between the laws being proposed now for fentanyl and those that were passed in the 1980s as a result of the crack-cocaine hysteria.

Punitive approaches to fentanyl are particularly disturbing because they run counter to recent public health-focused policy shifts that have been largely bipartisan in nature.

The criminal justice reform movement has made tremendous progress on reducing drug sentences at the local, state, and federal levels. The trend toward tougher penalties for fentanyl presents a threat to the reform movement, undercutting initiatives to reduce mass criminalization and incarceration. To date, none of the states that enacted harsher penalties for fentanyl, nor the federal government, have demonstrated a reduction in fentanyl-involved deaths because of these new laws.

The timing of the report's release is particularly poignant, as, on January 29, Congress approved a bill that will temporarily extend the DEA's emergency scheduling of fentanyl-related substances and expose more people to harsh mandatory minimum sentences. These efforts repeat the mistakes that epitomize the war on drugs, while undermining efforts to reform our criminal justice system and pursue a public health approach to drug use. Indeed, such proposals risk compounding the overdose crisis.

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The report comes on the heels of Rethinking the "Drug Dealer", another report released by DPA demonstrating how the United States' punitive approach to people who sell or distribute drugs ? rooted in stigma, ignorance, and fear, rather than evidence ? has done nothing to reduce the harms of drug use or improve public safety, while instead creating new problems and compounding those that already exist.

Read the report

New Jersey Passes Major Civil Asset Forfeiture Reform

New Jersey Governor Phil Murphy has signed legislation mandating comprehensive disclosure and transparency requirements for the system of civil asset forfeiture.

Civil asset forfeiture allows the government to seize cash, cars, real estate, or other property suspected of being connected to criminal activity, even if the owner is never arrested for a crime. In a staggering 80% of civil asset forfeitures across the country, criminal charges are never filed against property owners.

Until now, New Jersey has had no reporting requirements for law enforcement agencies regarding property seizures, resulting in a lack of transparency and protections for property owners.

Under the new legislation, county prosecutors must submit reports detailing seizure and forfeiture activities by law enforcement agencies within their county, and the Attorney General will be required to create an online searchable database of civil asset forfeitures across the state. Law enforcement agencies that fail to comply with the mandate will be required to return seized property or proceeds resulting from forfeited property.

Sarah Fajardo, Policy Director of the American Civil Liberties Union of New Jersey, said "This law moves our state closer to curtailing and ultimately ending the use of civil forfeiture and the racially disparate over-policing it encourages, disproportionately occurring in communities that are already some of New Jersey's most vulnerable. We applaud Gov. Murphy for signing this law, and we commend the Legislature for passing it."

Civil asset forfeiture was rarely used prior to the war on drugs. However, the

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Comprehensive Drug Abuse Prevention and Control Act of 1970 authorized the government to seize drugs and drug equipment. As the war on drugs intensified, Congress expanded the range of property subject to forfeiture. DPA has longplayed a leading role in forfeiture reform ? calling for abolishing civil forfeiture entirely and supporting efforts to reform the practice.

Read more about civil asset forfeiture.

Become an Official DPA Member

Join us today and you'll receive a 2020 Drug Policy Alliance Member Card that you can proudly carry as a symbol of your commitment to drug policy reform.

For too long, the war on drugs has devastated families, served as the excuse for human rights violations, and cost the United States more than $47 billion in taxpayer money each year. When you become a member of DPA, you will be helping lead the fight to end this terrible drug war and replace it with sensible drug policies grounded in science, compassion, health, and human rights.

Your membership is especially crucial this year as we approach the Presidential election. We depend on support from advocates like you to put pressure on federal and state governments to get serious about reforms that reduce the harms of drug use and end the criminalization of drugs and the people who use them.

Become an official DPA member by making a donation of any amount and join us in this fight to replace the war on drugs with policies that promote health and safety.

Activate your membership.

DPA Clips, Podcasts and Stories

New York Governor Cuomo Adds Marijuana Legalization to 2020 Budget Proposal

New York Governor Andrew Cuomo has included marijuana legalization in

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his budget proposal, setting the stage for another reform push in the 2020 legislative session.

According to Governor Cuomo's office, he is "proposing a comprehensive regulatory approach to legalize cannabis, creating a new Office of Cannabis Management to specialize in cannabis regulation - overseeing the medical, adult-use and hemp programs. The proposal will administer social equity licensing opportunities, develop an egalitarian adult-use market structure and facilitate market entry through access to capital, technical assistance and incubation of equity entrepreneurs."

Personal possession of less than 25 grams of marijuana has been decriminalized in New York State since 1977. However, law enforcement officers have still made more than 800,000 arrests for low-level possession in the last 20 years.

In the first half of 2019, Black and Latinx people accounted for 75% of people arrested for low-level marijuana offenses ? despite being only 33% of the state's population. Racial disparities also increased in New York City during the same period, with 93% of those arrested for low-level marijuana offenses being Black or Latinx.

While welcoming Gov. Cuomo's commitment to passing marijuana legalization, Kassandra Frederique, New York State Director for DPA, expressed concern that the proposal does not go far enough in undoing the harms of prohibition.

"We are disappointed Governor Cuomo doesn't clearly guarantee that a portion of funds from marijuana sales will be reinvested into the communities most harmed by New York's marijuana arrest crusade," Frederique said. "Without this necessary component, the Governor's proposal will not truly right the wrongs done to communities of color by disproportionate enforcement of marijuana. As New York establishes a new industry, it is vital that we seek to redress the significant damage caused by prohibition."

Read Kassandra Frederique's full statement here.

New Mexico Moves Closer to Marijuana Legalization

The New Mexico Senate Public Affairs Committee has approved a bill that

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would legalize marijuana for adult use. The bill, which is supported by Governor Michelle Lujan Grisham, would allow adults over 21 to purchase marijuana from licensed retailers. The comprehensive legislation would also expunge past marijuana possession convictions, support tribal-owned businesses, provide incentives for small family farms to enter the industry, and dedicate new revenue to health, education, and housing.

Emily Kaltenbach, New Mexico State Director for DPA, served on the Governor's working group on marijuana legalization. Kaltenbach praised the bill's comprehensive social equity tenets:

"This legislation puts local communities and New Mexican families first. Many of the bill provisions reflect DPA's priorities, including creating equity in the marketplace, reinvesting back into communities most harmed by prohibition, protecting the medical cannabis program, safeguarding children, and establishing strong consumer protections."

"This legislation invests in substance use disorder treatment and education, prioritizes local small businesses over out-of-state, national marijuana conglomerates, and incentivizes young New Mexicans to stay in the state by training students for this new industry."

Read more about the bill here.

Drug Policy in the News

Washington Post: William Barr's new war on drugs

New York Post: FDA expands access to research MDMA for PTSD treatment

ABC News: Santa Cruz decriminalizes psychedelic mushrooms

Vice: European gun makers are quietly supplying the Mexican drug wars

Vancouver Courier: Vancouver health agency floats $6 million takehome drug plan

Filter: Could a naloxone implant have a major impact on the overdose crisis?

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