President Obama Pardons Non-Violent Drug Convictions

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President Obama Pardons Non-Violent Drug Convictions

This week President Obama pardoned or commuted the sentences of 231 people, the largest single-day clemency announcement since he became president. The majority of the pardons and commutations over the past years have been given to people with non-violent drug convictions.

President Obama Pardons 231 Non-Violent Drug Convictions

Over the past few years the United States is seemingly coming to terms with the realization that criminalizing illicit drugs and treating offenders in a purely judicial way has little if any effectiveness in dealing with the drug problem. The U.S. drug problem causes our government to spend millions of dollars, with the result being the largest prison population in the world instead of reducing the illicit drug problem. As a result, it’s come to measures like Obama’s granting clemency to reduce the number of prisoners in prison.

Little to Show for Criminalizing Drugs

Considering the time, effort, and money, the U.S. has spent in an effort to get rid of drug use, the trafficking of drugs, and other associated activities and undesirable consequences, our country still finds itself involved in the effort with little to show after almost 50 years. As a symbol of the federal government’s official attitude about drugs is Nixon’s “War on Drugs” declaration.

Nixon’s “War on Drugs”

June 17, 2015, marked the 44th anniversary of President Richard Nixon’s “War on Drugs” declaration. It began when Nixon appointed Stephen Hess on December 5th, 1969, as the National Chairman on his White House Conference for Children and Youth. He was tasked to “listen well to the voices of young Americans – in the universities, on the farms, the assembly lines, the street corners,” in an effort to discover their opinions about America’s international and domestic affairs. In 1971, after intensive planning for two years, Hess and his 1,486 delegates met in a resort in Colorado for four days to discuss ten areas that America’s youth were most concerned about, one of which was drugs.

Treatment Approach vs Judicial Approach for Drugs

A small drug task force of four adults and eight youths argued that the root cause of drug abuse should be addressed, and encouraged therapy for addicts instead of incarceration. In other words, they felt a treatment approach was more appropriate than a judicial approach for drug addiction.

Although this was an enlightened approach for dealing with drug addiction, it didn’t prevail. Since there was only so much federal funding to use, the judicial law enforcement approach appeared at the time to be less costly. Three months after the Youth Conference met, Nixon launched his “War on Drugs” and cast drug users as criminals attacking the very moral fiber of the country requiring punishment and incarceration instead of alienated youths with a drug addiction caused by a fundamental societal inequality.

Today the drug war is still going on. Drug enforcement agencies on the federal as well as state level have become similar to paramilitary organizations, similar to military units that have been deployed in the Middle East. Watching them on TV, on such shows as “COPS,” you would think they were actually effective and their efforts can actually make a difference. However, looking deeper you must remember that they’ve been on the air for years, and the episodes of today look pretty much the same as those seven or more years ago.

Nixon’s war on drugs has been America’s longest war. This “war” has destroyed millions of lives. The U.S. leads the world in the incarceration of drug abusers. With less than 5% of the world’s population, it has almost 25% of the world’s prisoners.

Many Americans would agree that like the death penalty, the current war on drugs doesn’t seem to have any deterrent factor on drug use. On one end, some conservatives feel we should double down on our current efforts in the drug war because we’re too soft on drug offenders.

On the opposite end, the decriminalization and legalization of marijuana has been gaining ground, especially among those who think the medical treatment approach is a much more effective approach to drug addiction. However, many Americans still feel these ideas are too much of a radical approach.

Is Decriminalizing Drugs Uncharted Territory?

Decriminalization of drugs for most U.S. citizens is like venturing into uncharted territory. Some even feel like it’s turning a blind eye to the widespread criminal activity associated with drugs. In Europe there’s been a 15 plus year length of time where drugs have been decriminalized. In the Netherlands they merely turn a blind eye. In Portugal decriminalization has been mostly a successful experience.

When looked at objectively, its easy to realize the health issues about drug use. It has many of the same elements as those of alcohol and tobacco addiction. Even though there are certain criminal aspects associated with drug use, trying to deal with them has done little if anything to eliminate or slow down the use of drugs. Drug use and addiction is the only health issue that is criminalized. As support increases to end the war on drugs and the imprisonment associated with it and move toward a more health centered approach, the time has come to decriminalize all drugs.

Decriminalizing drugs means getting rid of the criminal penalties associated with drug possession for personal use. People would no longer be arrested, prosecuted, jailed, or have a criminal record just for using or possessing drugs for personal use. The result is that there would be a substantial reduction in the number of people in the criminal justice system.

The motivation behind Proposition 47 in California was to reduce or eliminate the harsh criminal penalties that resulted in prison and jail overpopulation that began in the 1980s. The effect after it passed resulted in decriminalization where the possession of small amounts of drugs were concerned. It’s passing immediately helped to reduce populations in prison and highlighted the needs of drug users due to the fact that the drug court system wasn’t being used much by those who are eligible for relief under Prop 47. Because of jail overpopulation, this means many who are incarcerated are released early, so people arrested for drug possession would rather spend time in jail and be released early rather than go to rehab and have to deal with all the therapy and monitoring associated with it.

It’s time for the U.S. to critically look into the decriminalization of drugs. In spite of the criminal aspect of drugs, it’s time to realize that our current way of dealing with it simply doesn’t work, and the cost of criminalizing it is increasing both monetarily and in prison overcrowding. It’s time to treat it as the health issue that it is.

Sevens Legal, APC
Criminal Defense Attorneys
3555 4th Ave.
San Diego, CA 92103
Phone: (619) 297-2800

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