Legal Commentary

Bill Introduced to End Mandatory Minimums in All Drug Cases

By Jeralyn

Via FAMM, Rep. Maxine Waters has introduced a bill to end mandatory minimum sentencing in all drug cases. The bill has 15 co-sponsors.

H.R. 1466, the Major Drug Trafficking Prosecution Act of 2009, seeks to repeal mandatory minimum sentences for drug offenders and to give courts the ability to determine sentences based on all the facts, not just drug weight. It would also refocus federal resources on major drug traffickers instead of low-level offenders. There is currently no companion bill in the Senate.

The full text of the bill is here. We need a Senator to step up to the plate. Ideas? [More...]

In addition to ending mandatory minimums, the statute is great on sending small drug cases to state court, where they belong. It provides:

SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL.

A Federal prosecution for an offense under the Controlled Substances Act, the Controlled Substances Import and Export Act, or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that amount specified as a minimum for an offense under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams, shall not be commenced without the prior written approval of the Attorney General.

Some stats from the findings section:

(1) Since the enactment of mandatory minimum sentencing for drug users, the Federal Bureau of Prisons budget increased from $220 million in 1986 to $5.4 billion in 2008.

....(9) Low-level and mid-level drug offenders can be adequately prosecuted by the States and punished or supervised in treatment as appropriate.

....(14) One consequence of the improper focus of Federal cocaine prosecutions has been that the overwhelming majority of low-level offenders subject to the heightened crack cocaine penalties are black and according to the Report to Congress only 8.8 percent of Federal crack cocaine convictions were imposed on whites, while 81.8 percent and 8.4 percent were imposed on blacks and Hispanics, respectively

....(16) African Americans comprise 12 percent of the US population and 14 percent of drug users, but 30 percent of all Federal drug convictions.

....(18) According to the Justice Department, the time spent in prison does not affect recidivism rates.

Full post as published by TalkLeft on March 18, 2009 (boomark / email).