America’s Shameful Prohibition: Life Sentences For Marijuana

[Editor’s note: Kellen’s brief review of a new organization dedicated to bringing attention to the numerous life sentences in America for cannabis-only related offenses is apropos as a 35-year-old father of a young child was sentenced in Louisiana Thursday for life in a cannabis possession case (the life sentence was triggered by the state’s controversial ‘three strikes and you’re out’ mandatory minimum sentences).

Regrettably, and discernibly, the greater south of the United States is the hotbed for these kind of insanely long prison sentences for supposedly criminal acts that many citizens in fact no longer believe are crimes whatsoever.

A new interactive map from the Sentencing Project aptly demonstrates that deep southern states like Florida, Georgia, Mississippi, Alabama, Louisiana and Texas have the highest prison incarceration rates not only in America, but the world.]

By Kellen Russoniello, George Washington Law School student, NORML legal intern

To many of us, the idea of anyone spending life in prison for a nonviolent marijuana offense is absolutely ridiculous. Yet with the recent passage of a bill in the Oklahoma State Legislature making the manufacture of hash punishable by life imprisonment, it is clear that life sentences for nonviolent marijuana offenders do exist.  In fact, a new website is drawing attention to this issue and has identified several people who are currently serving life sentences for nonviolent marijuana offenses.

LifeforPot.com focuses on finding individuals who have been sentenced to life imprisonment without the possibility of parole for federal nonviolent marijuana only offenses.  Beth Curtis, the founder of the website, has identified eight people, each with a unique background and story of how they came to spend the rest of their lives in prison for nonviolent marijuana offenses.

Beth is very familiar with the subject: the first individual listed is John Knock, her brother. Since 2000, John has been serving two life sentences plus twenty years for his connection to a conspiracy to import multiple tons of marijuana and hashish from Pakistan and Lebanon into the United States and Canada, a sentence that Beth believes is the harshest ever for nonviolent marijuana crimes. When she talked to others about the severity of her brother’s sentence, she realized that people believed that nonviolent marijuana offenders could not receive such draconian sentences.

Despite having retired and living in Hawaii when law enforcement came knocking on John’s door he was extradited to Florida—a state that he’d never lived in or committed a crime. Instead, John was drawn into a sting operation because of his contacts with a San Francisco area smuggler who had been indicted. However, John was never seen by law enforcement committing any of the crimes he was convicted of, he was never found in possession of marijuana, and his prosecution rested only upon the testimony of informants. Criminal defense lawyers describe his as a ‘dry case’, and the full story is available at johnknock.com and grandmasmind.com

But how extraordinary is this sentence? Life for Pot lists some of the most famous drug kingpins and the sentences that they received, and it seems that John’s sentence was given special treatment. For example, “Freeway” Ricky Ross, the preeminent crack dealer of the Los Angeles area during the 1980s and early 90s was sentenced to life in 1996. His sentence was subsequently reduced to 20 years, and he was released in 2009. Manuel Felipe Salazar-Espinosa, deemed by the DEA to be one of the world’s most significant drug kingpins making up to $14 million in a week, was given 30 years for conspiracy to import cocaine into the United States and money laundering.

It is clear that there are differences in the sentencing of these individuals. Life for Pot seeks to identify and make others aware of these discrepancies. Beth notes that the creation of mandatory minimums at the federal level has resulted in the increase in power of the prosecutor to decide the sentence by choosing which charges to pursue. She specifically points out that the 11^th Circuit, which encompasses Alabama, Georgia, and Florida, has given 6 of the 8 life sentences identified for nonviolent marijuana only offenses.

So where does this effort go from here? Although Beth has already received some feedback from politicians, attorneys, activists, and journalists, she hopes to start an organization focused on this issue soon. In order to do this, she explains that she will need advisers to help out, as well as a strong coalition. The roots of this coalition have already begun to take hold, with organizations like the November Coalition, Drug Policy Alliance, and Families Against Mandatory Minimums providing support, as well as media attention from a Columbia, Missouri NPR affiliate and High Times Magazine.

Beth would also like to broaden the focus by included those serving de facto life sentences for nonviolent marijuana only offenses, including where older individuals are sentenced to long sentences (e.g., a 50 year old sentenced to 20 years).

State sentences are another area that Beth would like to examine. Sentence reform efforts can be very successful at the state level. In order to do this, however, more resources must be available.

A group petition for clemency is also in the works for those prisoners that have been identified as part of this effort.

“The solution is political,” Beth declared. Legislative action is the best way to address the problem of egregious sentencing disparities. An organization focused on this issue would therefore be heavily focused on reaching legislators. So far, Life for Pot has sent out several cards and letters to federal congressmen and agencies. Beth also noted that advocacy efforts for the legalization of marijuana at the national level must be bolstered.

In these times where some jurisdictions are locking up nonviolent marijuana offenders for life, it is good to hear that someone is bringing the inconsistency and irrationality of these practices to light.

If you know someone that is currently serving a federal life sentence without parole for a nonviolent marijuana only offense, or would be able to assist Beth in her efforts, please contact her at johnknock@johnknock.com.

American Bar Association’s Council on Racial and Ethnic Justice To Convene A Seminar On Drug Prohibition And The Effect On Minorities

Ask any seasoned drug policy reformer about one of the biggest hurdles to overcome in reforming cannabis laws and they’ll quickly acknowledge that to be the lack of both outreach to and participation from minorities (and women). This is why the recent announcement below by the American Bar Association (ABA) to hold a seminar in New York City this August heartens me.

If drug policy reform is to make the large strides that its important mission and sense of purpose aspires, it can’t achieve such without the participation of both minorities and women in substantially larger numbers.

This important seminar is free to the public and provides continuing legal education (CLE) credits for lawyers.

The Council on Racial and Ethnic Justice is comprised of eleven members appointed by the ABA President and is committed to:

-eliminate racial/ethnic bias in the justice system by educating and involving lawyers and their bar associations

-engage lawyers and their bar associations in programs designed to eliminate racial/ethnic bias in their communities.

Alternative Solutions to the Impact of Drugs on Communities of Color

Saturday, August 9, 2:00-3:30pm, Marriott Marquis, Music Box, Majestic Complex, 6th Floor

Conclave with the leaders of color from the medical, dental, legal and other pertinent professions to discuss the impact of drugs and drug policies on communities of color. Crucial issues that confront communities of color that are combating these issues will be addressed, and an in-depth discussion on how to obtain the necessary resources, networks and tools will be discussed. This will be a complimentary CLE program.

National Narcotics Officers’ Association Endorsement Fails To Lift Doug Ose Back To Congress And Exposes Hate Speech Against Citizens Who Oppose Prohibition

And How It Informs About Who Supports Cannabis Prohibition…

“Supporting marijuana use is an example of domestic terrorism—it puts the public at great risk and threatens the very fabric of our society.” -Ron Brooks, President of National Narcotics Officers’ Association, 4/11/08

In my many annual public appearances and media interviews advocating for cannabis law reforms, the question will often arise ‘if NORML and the other drug policy reform groups are right that there are safe and viable alternatives to cannabis prohibition laws, who then opposes you in trying to amend current state and federal laws?’

The recent political endorsement given to former Republican congressman and ardent drug warrior Doug Ose by the National Narcotics Officers’ Association (NNOA) provides a handy opportunity that helps reveal exactly who are America’s prohibitionists and what are their motivations against ending cannabis prohibition.

Who Actually Supports (Or Profits From) Cannabis Prohibition?
At this juncture having worked over 17 years at NORML/NORML Foundation, my standard reply, without achieving doctoral dissertation length is 1.) There are five basic subgroups of Americans who strongly oppose any reforms in cannabis laws, and 2.) These subgroups constantly seek to deepen and enhance prohibition laws, i.e., politically and culturally oppose citizens and organizations who don’t favor prohibition laws; advocate for greater criminal sanctions and fewer civil liberties (more penalties, longer prison sentences, higher fines, and more of the ‘Big Three Ps’: police/prosecutors/prisons) and civil penalties (forfeiture, drivers license suspension, loss of child custody for parents who consume cannabis, denial of college loans to students busted for pot, removal from public-assisted living housing, etc…).

The Five Pillars Of Pot Prohibition
For all intent and purposes, in my opinion, educators, religious leaders, health organizations, military leadership, business and insurance institutions, and economists are not rabid supporters of cannabis prohibition per se. However, the five subgroups of Americans who do support rigorous cannabis prohibition laws and penalties are: (more…)

The Marijuana Arrest Crusade in New York City: Racial Bias in Police Policy 1997-2007

What major city in America has some of the most aggressively enforced cannabis laws (despite the fact that cannabis has been decriminalized there for more than 30 years)? What major city in America arrests nine minorities for every one Caucasian?

Houston? Atlanta? Dallas? Birmingham? New Orleans? Miami?

According to a new and comprehensive report, would you believe the five boroughs that make up New York City?

What was the New York City Police’s reaction to the data? In the New York Times today they of course attack the groups involved in bringing to the public’s attention the department’s overly aggressive and expensive enforcement of what are supposed to be decriminalized cannabis laws, and then make the amazing claim that there were not 350,000 cannabis-related arrests from 1997-2006, but a mere 8,770.

What the ?!*%$?!#@*^$#<:+={/#@7$!!!

The police commissioner, Raymond W. Kelly, has denied that the city’s police officers are using racial profiling in conducting street stops.

The department’s chief spokesman, Paul. J. Browne, said on Tuesday that the report was flawed. He said there were 8,770 marijuana-related violations from 1997 to 2006. In a statement, Mr. Browne said:

The N.Y.C.L.U. has used an advocate for marijuana legalization to mislead the public with absurdly inflated numbers and false claims about bias. (Note that the report was underwritten by the Marijuana Policy Project, a pro-legalization organization). If the N.Y.C..L.U. is for legalization it should just say so without resorting to smears. It has repackaged
virtually the same flawed presentation Harry Levine made to the marijuana legalization lobby group NORML in Los Angeles last year. The report erroneously claims that most of the over 300,000 persons arrested between 1997 and 2006 were not smoking marijuana in public and that they possessed only small amounts of marijuana; in other words, the
infractions were violations. But the actual violations total for 1997-2006 was 8,770; not the 350,000. Between 2002 and 2006, the total was 3,449. Here’s the breakout by year:

1997: 1062
1998: 987
1999: 810
2000: 1394
2001: 1068
2002: 758
2003: 701
2004: 663
2005: 623
2006: 704 (It was 683 in 2007)

Hmmmm….I wonder who is telling the truth here, public advocates or the cops?

At least when NORML confronted Mayor Bloomberg on his 100th day in office in 2002 to stop the NYPD’s then controversial practices such as ‘Operation Condor’ that exploded the cannabis arrest from around 2,000 per year to over 55,000, the NYPD’s public spokesperson did not come out and, shall I say, prevaricate regarding New York City’s verifiable criminal justice data. Back then, the NYPD’s top brass in effect said to NORML and the national media ‘So what if there was an increase in arrest? We were tasked with a quality-of-life, ‘clean up New York City’s streets’ campaign under Mayor Giuliani…’

The documentation of New York City’s massive increase cannabis arrests have been well documented for years (and affirmed by both state and federal data!), so why is the NYPD attempting to now downplay, in such a dramatic way, their nearly 15-year old aggressive policing policy regarding minor cannabis offenses? (more…)