Alternet.org’s editors recently asked me to compile a list of ‘the worst of the worst’ states to be busted for personal pot possession. Without further ado, here they are:

The 5 Worst States to Get Busted With Pot
via Alternet.org

[excerpt]

1. Oklahoma — Lawmakers in the Sooner State made headlines this spring when legislators voted 119 to 20 in favor of House Bill 1798, which enhances the state sentencing guidelines for hash manufacturing to a minimum of two years in jail and a maximum penalty of life in prison. (Mary Fallin, the state’s first-ever female governor, signed the measure into law in April; it takes effect on November 1, 2011.) But longtime Oklahoma observers were hardly surprised at lawmakers’ latest “life for pot” plan. After all, state law already allows judges to hand out life sentences for those convicted of cannabis cultivation or for the sale of a single dime-bag.

2. Texas — On an annual basis, no state arrests and criminally prosecutes more of its citizens for pot than does Texas. Marijuana arrests comprise over half of all annual arrests in the Lone Star State. It is easy to see why. In 2009, more than 97 percent of all Texas marijuana arrests — over 77,000 people — were for possession only. Those convicted face up to 180 days in jail and a $2,000 fine, even upon a first conviction.

3. Florida — According to a 2009 state-by-state analysis by researcher and former NORML Director Jon Gettman, no other state routinely punishes minor marijuana more severely than does the Sunshine State. Under Florida law, marijuana possession of 20 grams or less (about two-thirds of an ounce) is a criminal misdemeanor punishable by up to one-year imprisonment and a $1,000 fine. Marijuana possession over 20 grams, as well as the cultivation of even a single pot plant, are defined by law as felony offenses – punishable by up to five years in prison and a $5,000 fine. In recent years, state lawmakers have revisited the state’s marijuana penalties – in each case electing to enhance Florida’s already toughest-in-the-nation criminal punishments.

4. Louisiana — In Louisiana, multi-decade (or even life) sentences for repeat pot offenders are hardly a rare occurrence. Under Louisiana law, a second pot possession conviction is classified as a felony offense, punishable by up to five years in prison. Three-time offenders face up to 20 years in prison. According to a 2008 expose published in New Orleans City Business online, district attorneys are not hesitant to “target small-time marijuana users, sometimes caught with less than a gram of pot, and threaten them with lengthy prison sentences.”

5. Arizona — Forty years ago virtually every state in the nation defined marijuana possession as a felony offense. Today, only one state, Arizona, treats first-time pot possession in such an archaic and punitive manner. Under Arizona law, even minor marijuana possession offenses may be prosecuted as felony crimes, punishable by up to 18 months in jail and a $150,000 fine. According to Jon Gettman’s 2009 analysis only Florida consistently treats minor marijuana possession cases more severely.

For a comprehensive breakdown of state-by-state marijuana penalties, visit NORML’s online map here. To get active in changing the laws of your state, visit NORML’s ‘Take Action Center’ here, sign up for free NORML news and legislative alerts, get involved with your local NORML chapter (or start your own chapter here), and join national NORML.

Get active; get NORML!

[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.

According to an investigative report by the New Orleans City Business newspaper, Orleans Parish District Attorney Keva Landrum-Johnson is routinely seeking five-to-20 years sentences for minor pot possession offenders.    

Smoke Screen
District attorney boosts felony convictions with marijuana cases
via neworleanscitybusiness.com

Shortly after Keva Landrum-Johnson took over as district attorney following Eddie Jordan’s resignation Oct. 30, hundreds of new felony cases flooded the public defenders office, overwhelming the 29 defense attorneys.

… The flood of new felony charges didn’t target murderers, rapists or armed robbers — they targeted small-time marijuana users, sometimes caught with less than a gram of pot, and threatened them with lengthy prison sentences.

The resulting impact has clogged the courts with non-violent, petty offenses, drained the resources of the criminal justice system and damaged low-income African-American communities.

… Landrum-Johnson’s decision to accept felony charges on people arrested for second and third marijuana possession offenses is a dramatic break from the tactics of former DAs Jordan and Harry Connick.

A first-time marijuana possession charge in Louisiana is a misdemeanor punishable by up to six months in prison but typically results in a small fine. A second offense is a felony that can carry up to five years in jail and a third offense up to 20 years.

Under Jordan and Connick, however, second and third offenses were routinely reduced to misdemeanors that typically did not require a trial. This freed up public resources to be spent on violent crimes as opposed to minor, victimless offenses.  

Question: Who’s the real ‘bad guy’ here?

The obvious answer is DA Landrum-Johnson, who is throwing the book at minor pot offenders in a cynical effort to appear ‘tough on crime’ and bolster her campaign for Criminal Court Judge.

But the blame should not end with the DA. The true culprits responsible for this mess are the Louisiana lawmakers who, apparently, believe it’s quite alright for minor pot offenders to face up to 20 years in prison and a felony record.

It’s not the responsibility of each individual DA to try and make rational sense out of what is clearly an irrational law. In fact, in an ironic twist, DA Landrum-Johnson’s actions may actually hasten statewide reforms in Louisiana by once and for all exposing the state’s dirty little secret: Louisiana possesses some of the most malevolent pot penalties in the country!

Well, it’s time that we call them on it. Write or call your Louisiana state legislators and ask them if they believe that minor marijuana offenders should face five-to-20 years in prison. And if they don’t, then tell them to sponsor legislation in 2009 to make Louisiana’s absurd pot penalties a thing of the past.