jocal505
moderate, informed, ex-gunowner
Thanks.
From the article:
Emergency deregulation seems like a much better idea than misusing words to double down on failed federal boondoggling.
Did Lewis Powell send you? Did he create you, too?
Thanks.
From the article:
Emergency deregulation seems like a much better idea than misusing words to double down on failed federal boondoggling.
You're very focused on people I've never heard of.Did Lewis Powell send you? Did he create you, too?
I think this might be the first time you've expressed any interest in discussing a subject other than gungrabbing.If you really want to get this, you need to move your rigid concepts about the drug war, to learn something...from Fitty Cent.
(Tom Ray) You're very focused on people I've never heard of.(Yo, Dogballs) Did Lewis Powell send you? Did he create you, too?
At last, a shred of relevance.Two months later, on October 22, Nixon nominated Powell to the Supreme Court.
Attorney General Merrick Garland issued a memo today to federal prosecutors seeking to effectively end charging and sentencing disparities between crack cocaine and powder cocaine.
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The sentences were the result of the 1986 Anti-Drug Abuse Act, co-sponsored by then-Sen. Joe Biden (D–Del.). The law created a 100 to 1 sentencing disparity between crack and powder cocaine offenders, the former of whom were predominantly black. The result was that someone possessing five grams of crack cocaine would receive the same five-year mandatory minimum sentence as someone with 500 grams of powder cocaine, despite there being little to no pharmacological difference between the two substances.
In 2007, Biden endorsed legislation that would have completely eliminated the disparity. A compromise bill, the Fair Sentencing Act of 2010, reduced it to 18 to 1. In 2018, the FIRST Step Act made the Fair Sentencing Act's reductions retroactive, leading to the release of roughly 3,000 federal crack offenders.
The attorney general's memo comes as legislation flounders in Congress to end the crack vs. powder sentencing disparity. The EQUAL Act would reduce the penalties for federal crack cocaine offenses to the same level as those for powder cocaine offenses, and it would make those changes retroactive, meaning federal crack offenders currently serving prison sentences would be eligible to have their sentences reduced. The bill passed the House last year by a wide bipartisan margin. However, it has languished in the Senate, despite intense lobbying from criminal justice advocacy groups. It has failed to make it to the Senate floor, and as the legislative session draws to a close, its only hope for passage now is to be shoved into the gigantic omnibus spending bill slithering its way through Congress.
Reuters reported today that Senate negotiators had reached a potential compromise to appease Republicans. The compromise legislation would reduce the sentencing disparity to 2.5 to 1, and it would not be retroactive. However, congressional leaders from both parties in both chambers will have to agree on the language, and Senate Republicans could still balk.
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Hat tip to Garland for starting to undo Biden's drug warrior legacy.
Attorney General Orders Prosecutors To End Crack Cocaine Sentencing Disparity as Congress Dithers
100 to 1 was bad. 18 to one is better but still bad. 2.5 to one would be better still but still bad.
And 1 to 1 would still be bad because the sentence for possessing either should be zero. Locking up users of politically disfavored drugs makes our societal drug problems worse, not better. And yes, that means the really dangerous drugs like alcohol just as much as it means cannabis or cocaine to me.
I'm glad there's such significant Duopoly support for things like banking and sentencing reform as obvious first steps to take. In my lifetime, we've progressed from "that libertarian nonsense could never get introduced, let alone passed" to "why can't these popular measures get passed into law?"...
When McConnell argued against adding the SAFE Banking Act to the NDAA, he complained that Democrats were "trying to jam in unrelated items with no relationship whatsoever to defense," including legislation "making our financial system more sympathetic to illegal drugs." The next day, he rejoiced that the NDAA "is not getting dragged down by unrelated liberal nonsense," such as "easier financing for illegal drugs," which "was kept out." He said "that same lesson must carry over into our subsequent conversations" about the Consolidated Appropriations Act.
McConnell is right that Congress should be approving or rejecting legislation on its own merits rather than voting for it only because it has been incorporated into a must-pass, end-of-the-year spending bill. But the latter approach is how Congress has been operating for decades, including the years when McConnell was the Senate majority leader. And the FY 2023 NDAA that McConnell deemed acceptable is rife with provisions that have little or nothing to do with national defense, addressing subjects such as fentanyl trafficking, money laundering, "global food security," conservation of tropical forests and coral reefs, disaster relief, "fair hiring in banking," "financial data transparency," "arctic research," "judicial security and privacy," and "incentives for states to create sexual assault survivors' bill(s) of rights."
McConnell clearly is not defending a principle of judicious lawmaking. He is selectively applying that principle as an argument against legislation he dislikes for other reasons. It is not surprising that a conservative octogenarian with a long history of supporting draconian drug policies and opposing marijuana legalization would resist a bill that takes an important step toward normalizing state-authorized cannabis suppliers. But McConnell is plainly wrong to describe the SAFE Banking Act as "liberal nonsense" that no conservative in his right mind could support.
The House has approved cannabis banking reform more than half a dozen times, including an April 2021 vote in which the SAFE Banking Act attracted the support of 215 Democrats and 106 Republicans. The Senate version has 42 co-sponsors, including nine Republicans. Given the SAFE Banking Act's bipartisan appeal, you might wonder why it is still just a bill.
It's not because the arguments in favor of the SAFE Banking Act—which include respecting state autonomy, removing burdens on small businesses, and protecting public safety by reducing the threat of robbery to marijuana merchants who currently are forced to rely heavily on cash—are persuasive only to crazy progressives. It's because Schumer until recently refused to allow consideration of the SAFE Banking Act, insisting that his own marijuana legislation take priority and arguing that piecemeal reforms would make federal legalization harder.
"If we let this bill out," Schumer warned in 2021, "it will make it much harder and take longer to pass comprehensive reform." The Drug Policy Alliance, which joined Schumer in opposing the SAFE Banking Act last year, shared his concern and thought his strategy made sense. The organization bizarrely argued that passing the bill would "prioritize marijuana profits over people," as if owners and employees of marijuana businesses, who face a potentially deadly threat that is exacerbated by barriers to financial services, don't qualify as people.
How did that work out? "Democrats Blew The Opportunity For Federal Cannabis Reform," says the headline above a Marijuana Moment article by Erik Altieri, executive director of the National Organization for the Reform of Marijuana Laws. "While it was always likely going to be a bit of a long shot to pass something as comprehensive as full descheduling through the Senate," Altieri writes, "many of us at least hoped that other, more incremental marijuana reform bills would move forward." With the exception of a modest bill aimed at facilitating marijuana research, that did not happen, thanks to Schumer and his morally obtuse allies.
The failure to pass the EQUAL Act, which would eliminate the nonsensical sentencing disparity between crack and cocaine powder, presents a similar puzzle. The bill passed the House in September, when 143 Republicans joined 218 Democrats in voting for it. The Senate version has 21 co-sponsors, including 11 Republicans, enough to overcome a filibuster. At least three additional Republican senators favor sharply reducing the crack/powder gap without eliminating it.
It certainly looks like legislation along these lines has enough support to pass the Senate. But Republican senators who had been open to including crack sentencing reform in the Consolidated Appropriations Act reportedly balked after Attorney General Merrick Garland issued a memo last Friday that instructed federal prosecutors to "promote the equivalent treatment of crack and powder cocaine offenses" in their charging decisions and sentencing recommendations.
As McConnell saw it, Garland's memo usurped congressional authority by shielding crack defendants from mandatory minimum sentences. So instead of asserting that authority by rectifying a blatantly unjust penalty scheme, Congress has once again kicked the can down the road.
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The problem with San Francisco, according to Stanford University psychologist* Keith Humphreys, is too much "libertarianism." Since the City by the Bay is not exactly known for light governance, that may seem counterintuitive. But Humphreys, who was a senior White House adviser on drug policy during the Obama administration, has in mind something closer to libertinism, which he says has long characterized San Francisco's culture. In a San Francisco Chronicle op-ed piece published on Tuesday, he blames excessive tolerance of vice, which he equates with libertarianism, for "fueling San Francisco's drug crisis."
That analysis is doubly wrong. Humphreys misconstrues libertarianism while ignoring its critique of drug prohibition, which is essential in understanding why drug-related deaths have reached record levels across the United States not just despite but largely because of the government's efforts to prevent them.
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Sorry for my oversight. I can't quote you every day in every thread, but here's another bone.Yo, Dogballs. No race-baiting for us today?
The immature, short-sighted desire for gunpower is amplified, and more volatile, among blacks. Even more deadly than among whites.
Colorado voters last month approved a groundbreaking ballot initiative that decriminalized five psychedelics derived from fungi or plants: psilocybin, psilocyn (another psychoactive component of "magic mushrooms"), dimethyltryptamine (DMT, the active ingredient in ayahuasca), ibogaine (a psychedelic derived from the root bark of the iboga tree), and mescaline (the active ingredient in peyote). This month a California legislator introduced a bill, S.B. 58, that emulates Colorado's new policy, aiming to legalize the possession, preparation, noncommercial transfer, and transportation of those five drugs by adults 21 or older.
That bill's sponsor, state Sen. Scott Wiener (D–San Francisco), unsuccessfully tried something similar last year. It's not clear whether the new bill will have a better chance in 2023. But polling indicates that California voters are receptive to the idea, which builds on a series of reforms in other jurisdictions that suggest psychedelic prohibition could collapse faster than marijuana prohibition did, thanks largely to recent research on the potential benefits of these drugs.
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Wiener last year introduced a decriminalization bill, S.B. 519, that included LSD and MDMA, synthetic drugs that are not covered by S.B. 58 even though both have been studied extensively. (MDMA, in fact, may be approved as a psychotherapeutic aid by the Food and Drug Administration within the next few years.) The narrower approach that Wiener is taking with his new bill looks like a concession to the sentiment in favor of "natural medicine," the term used in Proposition 122.
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The psychoactivity of the root bark of the iboga tree (Tabernanthe iboga), from which ibogaine is extracted, was first discovered by the Pygmy tribes of Central Africa, who passed the knowledge to the Bwiti tribe of Gabon. French explorers in turn learned of it from the Bwiti tribe and brought ibogaine back to Europe in 1899–1900, where it was subsequently marketed in France as a stimulant under the trade name Lambarène. Ibogaine-containing preparations are used for medicinal and ritual purposes within the African spiritual traditions of the Bwiti, who claim to have learned it from the Pygmy peoples. Although ibogaine's anti-addictive properties were first widely promoted in 1962 by Howard Lotsof, its Western medical use predates that by at least a century.
Additionally, the U.S. Central Intelligence Agency (CIA) studied the effects of ibogaine in the 1950s.[8]
Ibogaine is an indole alkaloid that is obtained either by extraction from the iboga plant or by semi-synthesis from the precursor compound voacangine,[9][10] another plant alkaloid. The total synthesis of ibogaine was described in 1956.
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Thorbahn is one of the first in a class of so-called “psychonauts” exploring new frontiers in hallucinogenic research, preparing to use a technology called extended-state DMT. When the drug is smoked, a trip lasts minutes—despite feeling much longer. But with a constant stream of DMT supplied to a user and blood serum levels of the molecule regulated, that trip can last hours or even days—seemingly an eternity.
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And the fallout from the Ruan caseMore on the Ruan case.
The Blurry Legal Line Between Doctors and Drug Dealers
Ignoring intent and punishing people anyway is a common theme for prohibition programs, and that's what is happening here. Again.
"Legitimate medical purpose" is something about which people disagree. Lots of us think there are legitimate medical purposes for cannabis and its extracts, but federal law says no.
Doctors have recently asked me and my dying brother to rate our own pain on a scale of 1 to 10. So that's how "objective" measurement is achieved.
And since that's obviously as stupid as the rest of the drug war, the real standard that Dr. Ruan encountered has nothing to do with how much pain his patients may have suffered, or may have told him they suffered. It's just a DEA worksheet of what other doctors have done.
If you like your doctor, you can keep your doctor, at least until the DEA overrides his medical judgement and substitutes their own.
A federal appeals court on Thursday overturned key parts of the convictions of two Alabama doctors accused of running a massive "pill mill" after the U.S. Supreme Court in June made it harder to prosecute physicians for illegally prescribing addictive drugs like opioids.
The Atlanta-based 11th U.S. Circuit Court of Appeals overturned the convictions of Xiulu Ruan and John Couch for unlawfully dispensing controlled substances after finding that under a Supreme Court ruling in June in Ruan's case, jurors were wrongly instructed on how to determine their guilt.
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Erlichman Says Nixon's Drug War Targeted Political Enemies
“You want to know what this was really all about?” he asked with the bluntness of a man who, after public disgrace and a stretch in federal prison, had little left to protect. “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”
Of course, Nixon didn't invent lying and dividing people just to get more power for government. He was following in Anslinger's footsteps...
Ah, the good old days, before the GOP went bad. /purple
Decades ago, I recall drug war debates that went kind of like this:
Nutjobs: Legalize all drugs in all situations with no regulation of any aspect of the drug business!
Helpful Lefties: How about if we just let some very, very sick people use a little cannabis under very strict rules?
Nutjobs: NOOOO! All or nothing!
Admittedly, I was one of those nutjobs.
Over time, I've seen the value of incremental change, doing what's possible even if utopia can't be achieved in one giant step. As mentioned, I'm glad that my brother's treatment is less illegal than my father's, though I still deeply resent the fact that his property is now a nice drug war looting target.
Now it seems Chuck Schumer and the Drug Policy Alliance need to learn what their elk taught me years ago.
I join with Schumer and Booker in wanting an "eventual marijuana policy addresses restorative justice issues like decriminalization and expungement." I think some of the things they want are not all that much like those two things, on which we can agree.
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Unfazed by such criticism, Schumer and Booker blocked the SAFE Banking Act again in June 2022, when the Senate removed it from the America COMPETES Act. They did not relent until late last year, when they were suddenly open to marijuana banking reform combined with grants aimed at encouraging expungement of marijuana records.
After the midterm elections, when Republicans won control of the House, Booker warned that marijuana reform could take "many years" unless Congress approved it during the lame-duck session. He lamented that "there's very little time in this lame duck and a lot of things that people want to do."
Schumer desperately scrambled to pass the SAFE Banking Act as an amendment to the 2022 NDAA or the Consolidated Appropriations Act. When those end-of-the-year negotiations came to naught, Schumer blamed Senate Minority Leader Mitch McConnell (R–Ky.), who had condemned the SAFE Banking Act as "liberal nonsense" that Democrats were inappropriately trying to include in unrelated bills. Booker likewise blamed Republican leaders in the Senate, who he said were "dead set [against] anything [involving] marijuana."
It's true that McConnell opposed the SAFE Banking Act. But Schumer and Booker opposed it first, and their misguided resistance doomed a meaningful improvement they claimed to favor.
"Democrats controlled the House, Senate, and White House and still couldn't get cannabis reform bills passed," Sen. Rand Paul (R–Ky.), a co-sponsor of the SAFE Banking Act, noted in December. "I would go much further and end the federal war on a plant entirely, but at LEAST let legal business operate as a legal business."
Now Booker is trying to erase this history. He told NJ.com he wants to "drive [marijuana reform] as far as we can go" but worried that "the dynamics have shifted pretty dramatically" now that Republicans control the House. It is "definitely going to be harder, but not impossible," he said. "I do think there's a chance. Remember there's always been a good bipartisan coalition of people that want to do something….The urgencies that pushed us towards some kind of partnership are still there, on the business side as well as the restorative justice side."
Where was this sense of urgency when Booker stubbornly resisted the "something" that could have been achieved thanks to that "good bipartisan coalition"? Even as he opposed the SAFE Banking Act in 2021, he conceded that passing it would have been "easy." He squandered that opportunity in favor of a quixotic effort to pass a broader bill that was dead on arrival. His self-righteous, anti-capitalist posturing, which was echoed by the DPA, made him complicit in maintaining a situation that puts lives at risk, all so he could claim a moral high ground he manifestly does not deserve.