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criminal justice system

  • by Allen St. Pierre, NORML Executive Director September 30, 2011

    We reap what we sow….

    On the verge of a three night PBS documentary series on the abject failure of Alcohol Prohibition (one of the taglines for the documentary is ‘a look back to when a law made America lawless’) an email from a victim of the modern prohibition that has totally failed affirms the obvious: Cannabis Prohibition must end. We must stop arresting, prosecuting, incarcerating ,drug testing, labeling for life and causing great physical, mental and economic harm to citizens who choose to use cannabis for relaxation or as a therapeutic agent.

    NORML receives dozens and dozens of emails, letters and phone calls DAILY from citizens experiencing the waste, cruelty and ineffectiveness of Cannabis Prohibition vis-a-vis the criminal justice system. Of course, with over 850,000 cannabis-related arrests per year (with nearly 90% of the arrests for possession-only) there is a never ending reservoir of citizen-government horror stories that the organization can highlight.

    Want to know what can happen to you or your children during modern America’s Cannabis Prohibition era if caught with a mere trace of cannabis?

    Please find below an extremely well written email received by NORML last night by a young woman in Kentucky who has unfortunately experienced the lancet’s tip of Cannabis Prohibition. I respect her intelligence, moxie and recognition that what her own government did to her was wrong and that the policies have to change to stop what really has become nothing more than citizen abuse by Prohibition-loving law enforcement agencies. Regrettably, elected policy makers continue to not respect the general population’s desire for degrees of cannabis law reforms:

    According to most national polling today, approximately 75% of the population favors medical access to cannabis; 73% support decriminalizing; and 45% support legalizing it like alcohol.

    With clear public support increasing every year for substantive cannabis law reforms, when will politicians start listening more to their bosses—the voting public—than from the Prohibition-loving law enforcement agencies that created Cannabis Prohibition in the 1930s and who today vigorously defend an antiquated policy that causes more harm than good?

    Is it not shortsighted to the point of reckless that the producers and consumers of alcohol and tobacco products do not also recognize what kind of hurt from the government is coming down the pike for them too—using the same force of law and legal precedent established to rationalize 74 years of Cannabis Prohibition—once their products enter into the government’s crosshairs of political incorrectness?

    —— Forwarded Message
    From: Brittany M.
    Date: Thu, 29 Sep 2011 17:42:03 -0400
    To: <norml@norml.org>
    Subject: PLEASE READ! Why I Support NORML!

    Hello, fellow good-doers.  Since recently discovering NORML via internet research, I have become elated to realize that there is a group of serious people ready to make serious change regarding marijuana laws.  I am a citizen of Elliott County, Kentucky-an extremely small town in northeaster KY.  I believe that an abundance of citizens stand to gain a whole lot from your organization, if they can all be made aware of its existence.  Kentucky’s ridiculous marijuana laws have caused me so much turmoil and pain that I couldn’t resist contacting you PERSONALLY to tell you my story.

    I am seventeen years old now, but not in high school.  It’s not because I’m lazy or a drop-out, but because I graduated two years early, as a sophomore.  Not only have I always maintained straight-A’s, but I was accepted into Morehead State University at only sixteen years of age!  I had everyone’s support, and I was far beyond excited to finally be academically challenged.  My life had done a complete 180 at this point, because it wasn’t too long prior that I was in shambles…

    I suffer from anxiety and major depression.  When I was thirteen, I attempted suicide and began my journey into the world of psychiatric “help”.  I was medicated with Zoloft, Trazadone, and at least five other anti-anxiety/antidepressants that I can’t recall the names of.  Some of them made my hair fall out, while others caused me to sweat and shake uncontrollably.  All of them required a two-week period of adjustment upon starting, during which I would vomit more than I care to speak of.  Nowadays, I am prescribed to take two Prozac capsules every single day, and I may very well have to take them for the rest of my living days.  But, admittedly, marijuana helped me overcome the side effects that were crippling me. My first day on campus, in January of 2011, was the best I’ve had.  For the first time in a long time, I felt normal. I went to class, I met a boy, and everyone wanted to be my friend.  The next day, it was time for me to move into my dorm room.  I arrived well before my classes would begin, but I would never make it to class that day.  An anonymous tip had been called in to the campus police department that I was a “pot head”.  I had a debilitating anxiety attack while I watched three uniformed police officers tear through all of my belongings, throwing them aside as if they were garbage, and never once asking me, “What is wrong?”, or, “What are these medications for?”.  Minutes later I was whisked away, bad-mouthed by the Dean of Students (who had just been commending me on my ACT score of 30), and told that I was to leave and could not return until the Fall of 2013, a whole year after my original class, who I had long since surpassed, would graduate and move on.

    In August, after months and months of torture-seeing everyone else being happy and college-bound-and being tied up in Kentucky’s legal system, I had my final court date.  I was administered a supervised drug test, for which I passed all but THC, and sentenced to 7 days in Boyd Regional Juvenile Detention Center in Ashland, KY  I am fully aware that it is meant to be a punishment and not a vacation, but the facility was filthy and very poorly maintained.  I witnessed two staff members mocking a much younger boy who was obviously mentally handicapped.  I was forced to drink from a glass that had insects and dirt festering in the bottom.  On top of all of this, my mother was provided with paperwork stating that I was to be placed on a mandatory orientation that would last for 48 hours, which I was unaware of until I came home.  However, within the facility, we were told that orientation was no less than four days.

    I rested very well on night number four, having finally spoken to my family.  However, the next day I awoke to a brand-spanking-new, and very rigorous exercise regimen, introduced to us by a male employee who I was seeing on this day for the very first time.  During this regimen, I had an anxiety attack and everyone was asked to return to their cells while I was left to the floor, gasping for air and being closely watched, but otherwise unattended.  We ate our breakfast in the festering cesspool of a cafeteria, and then a female worker led us, not to our block, but to the gymnasium for more exercise.  Sometime during this activity, I began to feel weak, and weird.  Something totally foreign came over me, and I was scared.  I raised my hand, and waited to be called on, as was protocol, and quickly informed the staff member that I thought something was really wrong.  She simply replied that if I were to vomit, I would be cleaning it myself, and told me to run six laps for speaking out.  I’m not completely clear about what happened after that, other than that I hit the concrete floor, hard.
    I awoke much later, in a daze, and projectile vomiting ensued.  I was loaded into an ambulance, accompanied by the female worker who continuously asked me if I had medical insurance.  I was far too shaken, scared, and sick to pay her much attention at the time.  Here I was puking into a bag that the ambulance attendant provided me, and she wanted to know about my insurance policy?  I was whisked out of the ambulance and into the ER, with shackles around my feet.  All I could think about was my mother, and so I asked if she had been called.  She had not.  I noted a nearby clock on the wall of my hospital room read 9:45.  I was scanned, poked, prodded, and MRI-ed for what felt like an eternity, until they finally informed me that I had suffered an acute heart attack and may also have mitral valve prolapse (MVP), a heart condition that caused me synocopal episodes, and that I would need to be back the next day for more tests.

    Still too weak to walk, I was wheeled in a wheelchair to the front door, where BOTH the female and male staff members from BRJDC were waiting with big smiles and a bag of fast food for me.  Still, they were curious about my insurance  My family has zero income, and so I explained to them that I have a medical card provided to me by the state.  We pulled back into the facility, and I was put in a holding cell instead of my regular room.  I tossed and turned and listened to muffled voices from behind the door, until finally an unfamiliar staff member came to me with a box of my clothes, and announced to me that I was going home.

    I ran to my mother and hugged her.  I was seeing sunshine for the first time in five or six days.  It felt like a miracle.  In the car, I saw that it was 3:15.  I asked my mother why she didn’t come to the hospital, and she told me that she had only just been called, and rushed right over.  She had no idea what had happened to me.  Our brief reunion was devastated in the following weeks with doctors and tests, hospitals and neurologists, who finally put me on two new medicines that I will, once again, most likely have to be on for the rest of my life.
    BUT MY QUESTION TO YOU IS THIS…how much marijuana was I arrested with that caused me all this turmoil?  Back in January, back on campus, back in the campus PD…they weighed the crumpled cellophane from my pocket and the digital scale read 0.2 grams.

    My college career, my mental stability, and above all else, my health, have been irreversibly damaged.  I feel as though NORML can make sure that nothing like this happens to anyone in a situation similar to mine ever again.  I wouldn’t wish this travesty on any mother and daughter, and I know that you would not either.

    Thank you for listening,

    Brittany M.

  • by Allen St. Pierre, NORML Executive Director December 27, 2009

    Despite the bizarre claims of some prohibitionists and law enforcement representatives that ‘no one in America gets arrested or goes to jail for cannabis charges’, NORML receives hundreds of emails and letters a week from our fellow citizens who’ve been negatively impacted by cannabis prohibition laws–notably due to an encounter with law enforcement.2000000-feb-241

    A few weeks ago I received a letter from a father of a young man arrested and incarcerated on minor cannabis-related charges in Arlington, Virginia. The father’s lament is deep and profound, beyond the standard pleas for help NORML so regularly receives. So much so that I asked him if he would send NORML the original letter for publication.

    A few local points of interest to those outside of the Washington, DC area. Arlington county is by most measures one of the more ‘liberal’ and tolerant counties in the commonwealth, maybe the most liberal. Thousands of people who work for the federal government, political partisans, non profit organizations and trade associations reside in Arlington, which has an ever-shrinking native African American community. The writer clearly sets out to make it clear that supposedly progressive counties like Arlington still have a dark side regarding how disproportionately minorities are ensnared into the criminal justice system for cannabis, and how dramatic the impact is to them, their family members–and the taxpayer’s of Arlington.

    The Barnes family’s experience in Arlington plays out across the nation every single day, where minorities are arrested at rates three to one, and higher, with even greater disparity regarding incarceration.

    In fact the New York Times just reported on such last Wednesday in an apropos article entitled ‘White Smokes Pot, But Blacks Get Arrested‘.

    Racial / Ethnic breakdown of only American adults who have used cannabis

    Racial / Ethnic breakdown of only American adults who have used cannabis

    While it is true that most cannabis consumers who get busted for possession do not go to jail or prison on the first offense (however,  tens of thousands of Americans are incarcerated annually on cannabis-related charges, including on mere possession charges, often for subsequent possession arrests), a positive drug test submitted whilst on probation can often land otherwise minor cannabis possession cases into jail or prison, most acutely to minorities and the poor.

    The practice is called ‘shock incarceration’.

    Many citizens–rich and poor, black and white–self-medicate with cannabis to try to work through any number of mental disorders, from bipolarity to attention deficit disorders to post-traumatic stress, however, a life-shattering introduction into the tax coffer-draining criminal justice system is hardly the proper prescription for their health struggles.

    Arlington, VA

    December 9, 2009

    Re:  Joshua Barnes, incarceration for distribution of several ounces of marijuana and probation violation pertaining to same.

    Dear Mr. St. Pierre:

    On February 13, 2009 my son Joshua Barnes was incarcerated in Arlington County, Virginia for possession and distribution of four ounces or less of marijuana on three occasions in 2008 and for violation of probation pertaining to several possessions and distribution charges, also of four ounces or less of marijuana in 2005.  On September 19, 2009 Arlington County Circuit Judge Benjamin Kendrick sentenced Joshua on the former charge to five years with two and one-half years suspended plus three years of supervised probation effective immediately upon his release.  Then on October 2, 2009, fellow Circuit Court Judge James Almond sentenced him to an additional fourteen months of the 2006 four-year suspended sentence, to be served consecutively in the penitentiary.  The combined time will confine my son for roughly forty four months, minus fifteen percent plus an additional three years of probation immediately upon release, all totaling more than six years under law enforcement control and scrutiny.

    In Arlington County, as in any predominately white enclave a black before the courts is likely to be the recipient of justice compromised.  Whether you perceive yourself as black, white or any of the other commonly used arbitrary colors to designate one’s racial/ethnic classification we must step up to the plate and be candid with ourselves in regard to “what is” in dealing with this reality.  We must be mindful that we are not dealing with mere machines but humans whose mental processes and emotions do play major roles in the composition of personality.  To put it another way, what we perceive by means of whatever medium molds our conscience, thus; our reactions are in response.  Invariably, for example, the average white’s response to black male’s presence in the immediate vicinity while stopped awaiting the signal light to change is to activate the door locks.   This common response fosters the criminal image of the black male held by whites and negatively impacts the mindset when the latter sits in judgment, be it the role of the judge, juror, or prosecutor on a black fate.  To put it blatantly, for whites one of the foremost traits of blacks is criminal.  When blacks behave accordingly, whites’ racist contention is fulfilled and appeasement is rewarded as a consequence.  For those in rejoice regarding the behavior it’s a self-fulfilling prophecy is achieved.  Any major newspaper of cities where blacks are in substantial numbers will have mug shots of black males in their daily crime sections.  This further fuels the mindset regarding and criminal black male and gives greater reinforcement and criminal nature of blacks, particularly the black male.

    Therefore, it is illogical and ludicrous to assume (it is only an assumption) that the average white judge, juror prosecutor or any other role player involved will suddenly and miraculously be impartial and color-blind when acting in judgment on the fate of a black, especially black male.  Ideally, we wish human nature would allow us to vacate our personal prejudices, if only temporarily.

    Justice, as many of us are aware of can be manipulated and often has a price tag.  Unlikely, elite corporates, powerful industrialists, politicians, select entertainment moguls and etc. would be subjected to the same criminal system and receive comparable sentences for distribution of small amounts of marijuana and probation involving the same charges.  It would be utterly unimaginable to witness a Kennedy, Bush, Gates, Bloomberg, Clinton, McCartney, Buffet, Oprah Winfrey or the likes who received the same fate as Joshua for the same non-violent violation.  This tactic of using power to influence justice is probably as old as prostitution and man’s enjoyment from his marijuana use.  Moreover, this reality is closely akin to the old adage, “might makes right”.  Unfortunately, in this regard we are not of the class referenced.  Thus, we are not able to mold justice to render it more human or even unethically circumvent it, as mentioned.

    It is a given when it come to white/black matters, ingrained color, prejudice trumps reason.  In my view, most whites do not want to reside with blacks in the same community, desire to worship or dine with them, be buried in the same cemetery and certainly not engage in romantic relationships and etc.  Again it is far-fetched and insane to think that the courts or any segment of society is free of partiality predicated on color of skin.

    Theoretically, we as a society do by reason utilize imprisonment as a plausible measure to remove those from the general populace who do harm or present imminent endangerment to society.  We, as the most civilized, technologically advanced with the most powerful military in history, should not make laws to take away human freedom because these are merely laws in-and-of themselves, minus moral judgment. Compare marijuana’s use and consequences to some other substances, legal or illegal.  Alcohol use, especially excessive consumption, produces grave consequences in that it contributes to deaths of tens of thousands and causes untold injuries to millions more.  Also, it is the leading cause of certain types of cancer.  In many alcohol related cases, if not most involving manslaughter the guilty is assessed a lighter sentence than Joshua.  For instance, doctors found guilty of medical malpractice resulting in the death of their patients often times are not more severely punished.  Moreover, many other crimes resulting in severe bodily harm receive less incarceration time.

    Marijuana use has been around for hundreds if not thousands of years without producing known destruction to human welfare.  In the past few decades tens of millions of Americans have smoked marijuana and millions more still partake. Statistically, as much as forty-percent of all adult Americans (They have not moved on to harsher drugs as some contend) smoke or have smoked marijuana.  Many keep or would keep on occasion a few ounces for their own personal use (or “stash”).  “A Gallup Poll in October found forty-four percent of Americans favor full legalization of marijuana –a rise of 13 points since 2000, (“Support for legalizing of Marijuana Grows Rapidly U.S.”,  Karl Vick, The Washington Post. Monday, November 23, 2009).”

    Joshua was a heavy smoker and also consumed substantial amounts of alcohol himself.  His addiction in-and-of itself caused him self-destruction and eventual doom, especially with the commonwealths legal system.  I reiterate the message that history does not provide real horror stories pertaining to consequences of marijuana use.

    Conversely, the use of alcohol, heroin, crack, methamphetamine, cigarette, coffee, Tylenol and other contrabands have had devastating impacts on most, if not all of us at some time.  In regard, we do grave disservice to ourselves and society by denying the truth, thus avoidable destruction and pain are prolonged.  As appalling as it is we devote much valued time, energy, and resources to apprehend and imprison citizens for possession and sale of a few ounces of marijuana when we, as a nation, face far daunting tasks.  Violent crimes remain throughout this land.  Many of us cannot safely walk the streets of our neighborhood during daylight hours let alone at night.  Racial and religious hostilities are still prevalent in the land, just to name a few.  The polls show that there is a real movement to transform laws governing marijuana, but many are still staunchly oriented toward maintaining the ages-old practice of filling jail and prison cells with more and more predominately young black males who have no history of violent crimes.  As a result of these immoral practices they cause these families of black males to struggle and endure unwanted suffering.

    Resources expended to take away the freedom of these blacks would be more wisely used to educate them and others, but; those in the prison/court complex are often opposed and they are the real beneficiaries.  The courts are not sentimental and are impervious to the harm and grief brought upon these individuals and their families as a result of the sentenced due to non-violent crimes.  In Joshua’s case the court also ignored the matter of Joshua’s Attention Deficit Disorder history.  Moreover, six days following his incarceration on February 13, 2009, his girlfriend gave birth to his first son, and our first grandchild.

    As a final assessment, any harmful affect to any individual or society as a result of Joshua’s action is absent.  Conversely, racial animosity and backlash of the systematic imprisonment of black males is a major instrument in widening the wedge in black/white efforts to alleviate vestiges of centuries-old racial inequalities and strife.  In the final analysis, where is the human harm caused by Joshua’s action?  Do his actions warrant, in a moral sense the take-away of his freedom and, consequently the denial of a father for his new-born?

    These marijuana laws are likened to the Poll Tax Laws of the Jim Crow Era in that they disenfranchise millions, particularly blacks.  In the near future, history will show that, again we allowed flawed government policies to damage the image, soul, and fabric of America.  In conclusion, we should all hope sincerely and pray, color-blind to a color-blind god that we be delivered from our heart-held prejudices, long entrenched in hatred to a humane state of consciousness where love dictates.

    Sincerely,

    Willie Barnes