Tag Archives: eric holder

As US drug policy loosens, Dutch laws tighten

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Increasingly over the past three decades, The Netherlands has become a haven for controversial policies on social issues — prostitution, physician-assisted euthanasia and, of course, drug legalization.Netherlands Flag Icon

Just this week, the Dutch made global headlines by firing an employee of its central bank who failed to report that she was moonlighting as a sex worker.

But even as states like Washington and Colorado experiment with legal marijuana regimes, and as the US justice department falls back from the aggressive prosecution of a ‘war on drugs’ that for decades swelled the US prison population with non-violent drug offenders, it’s the Dutch who are now second-thinking the permissive regulatory approach that transformed Amsterdam into a pleasure capital, where locals and tourists alike could indulge in vices prohibited elsewhere in the world. The bold steps toward full legalization in Washington and Colorado, however, are bringing marijuana into the mainstream. Seattle, Denver and Boulder are now the laboratories for the world’s most progressive drug reforms, not Amsterdam.

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RELATED: Jamaican government targets legalizing ganja by September [June 2014]

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Dutch liberalization, which dates back to the 1970s when officials embraced a policy of gedoogbeleid (tolerance) for soft drug use, was always an experiment in half-steps. Selling small quantities at Dutch ‘coffee shops’ or growing cannabis for personal use were decriminalized, but the wholesale trade in marijuana remained illegal. That kept the weed trade firmly in the ‘gray market’ — neither fully prohibited nor fully welcomed.

Though Amsterdam’s tourism industry resisted attempts to restrict marijuana use to Dutch citizens alone, it hasn’t stopped Dutch prime minister Mark Rutte’s government from introducing new restrictions that make it more difficult for non-nationals to smoke weed in The Netherlands. Since 2011, new laws give municipalities a wide berth to establish just how permissive they’d like to be. That means that while Amsterdam has largely resisted the crackdown, other cities, especially border towns like Maastricht, have embraced the tighter restrictions with enthusiasm. New police powers took effect last month allowing officials to prosecute those who facilitate the widespread cultivation of marijuana, such as ‘grow shops’ that sell the the equipment necessary to grow marijuana plants.

The result? A greater role for organized crime in the marijuana trade:

The result: Coffee shops are increasingly buying buds from criminal organizations willing to absorb the risk of prosecution by growing large amounts of cannabis in shipping containers buried underground, with little regard for quality or mold abatement. “It’s amazing how bad the quality has become,” says Bergman. “And the price is up. It’s what we’ve all predicted.”

It’s an ironic result for a party like Rutte’s Volkspartij voor Vrijheid en Democratie (VVD, the People’s Party for Freedom and Democracy), one of the most successful economic liberal parties in all of Europe. Rutte’s predecessor, the Christian democratic Jan Peter Balkenende, was even more hostile to marijuana, and he pushed for legislation that would require all coffee shop visitors to acquire a ‘weed pass.’ Though that didn’t happen, subsequent Dutch governments have chipped away at drug liberalization, and the number of coffee shops in Amsterdam alone fell in the last decade by about one-third.

Nevertheless, the Dutch lessons were palpable. The most enduring lesson for US policymakers was the distinction between soft drugs and hard drugs. By taking a more permissive attitude to soft drugs like marijuana, Dutch officials could devote more resources to reducing the trade in harder drugs like heroin. While the United States took a tougher approach to hard-core drug users in the 1990s, The Netherlands treated heroin use, for example, as a public health issue instead of a crime problem. Twenty years later, with heroin use once again on the rise globally, it’s the United States that is taking the Dutch approach to addiction at every level of government — from US attorney general Eric Holder, who has pushed to end long, mandatory sentences for drug offenses, to Vermont governor Peter Shumlin, who’s made heroin treatment a pillar of his state government.

Jamaican government targets legalizing ganja by September

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It may seem natural that Jamaica should have relatively lax rules on marijuana use, given the association among the country, Rastafarians and smoking ganja.jamaica

Nevertheless, cannabis has been illegal on the island since 1913, when it was still a British colony, and under the Dangerous Drugs Act, possession, sale and cultivation of cannabis is illegal.

That may change soon, with the government of prime minister Portia Simpson-Miller preparing to loosen Jamaica’s drug laws.

Last week, the Jamaican government introduced a proposal that would, to a significant degree, decriminalize cannabis use on the island. Notably, the reforms would decriminalize possession of up to two ounces of cannabis (though users would still be subject to ticketing and a fine if caught) and use for all religious, medical and scientific purposes. Though just between 1% and 10% of Jamaica’s 2.9 million people are Rastafarians, they believe the use of ganja in religious ceremonies is sacred.

The Rastafari movement arose in the 1930s, and it worships the late emperor of Ethiopia, Haile Selassie, as a central sacred figure (before he became emperor, he was born Tafari Makonnen Woldemikael, hence the reference to Ras ‘prince’ Tafari). It was popularized in the late 20th century largely through the influence of reggae music, most particularly by Jamaican songwriter Bob Marley, an adherent of Rastafarianism.

Simpson-Miller’s center-left People’s National Party (PNP) controls a two-thirds majority (42 out of 63 seats) in the Jamaican House of Representatives, and a nearly two-thirds majority (13 of 20 seats) in the Jamaican Senate, so the proposals are very likely to be enacted as law in a vote that the government hopes will take place in September.

As in many Latin American countries, Jamaica has resisted liberalizing its drug laws out of fear of US retribution, including the withdrawal of aid and other support. A former Jamaican commission on ganja recommended decriminalization years ago, but no Jamaican government wanted to risk the wrath of the United States.

Today, however, two US states — Washington and Colorado — have decriminalized the personal use of marijuana after ballot initiatives in November 2012 and the US justice department under president Barack Obama and US attorney general Eric Holder are largely allowing, and even encouraging, the state-level experimentation.

Like many Caribbean countries since the 2008-09 financial crisis, Jamaica is suffering from lower tourist revenues and stagnant economic growth, as well as extremely high debt loads — in Jamaica’s case, public debt of nearly 140%. Jamaica also suffers fromextremely high crime level, with the sixth-highest homicide rate in the world, and the highest of any Caribbean island country, according to a new UN report.  Continue reading Jamaican government targets legalizing ganja by September

Clarke’s British reform failures a lesson as Holder pushes for historic turn on U.S. crime

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As U.S. attorney general Eric Holder makes a serious push for prison and justice reform in the United States, he would do well to look at a similar push across the Atlantic — Kenneth Clarke’s attempt to reverse decades of tough criminal law policies in the United Kingdom provides a cautionary tale.USflagUnited Kingdom Flag Icon

Holder announced yesterday in a speech to the American Bar Association that the U.S. justice department will seek to avoid mandatory sentences for non-violent, low-level drug-related offenses, and justice reform advocates largely cheered a welcome pivot from the ‘tough-on-crime’ approach to justice that’s marked U.S. policy for the past four decades throughout much of the ‘War on Drugs’ — drug-related offenses have largely fueled the explosion in the U.S. prison population.  Holder will instruct prosecutors in federal cases not to list the amount of drugs in indictments for such non-violent drug offenses, thereby evading the mandatory sentences judges would otherwise be forced to administer under federal sentencing guidelines.  That’s only a small number of prisoners because 86% of the U.S. prison population is incarcerated by state government and not by the federal government.

Holder called for ‘sweeping, systemic changes’ to the American justice system yesterday and attacked mandatory minimum sentences for non-violent offenders, which he said caused ‘too many Americans go to too many prisons for far too long and for no good law enforcement reason.’

That approach has left the United States with a prison population of nearly 2.5 million people (though the absolute number has declined slightly after peaking in 2008) and the world’s highest incarceration rate of 716 prisoners per 100,000 .  That’s more than Russia (484), Brazil (274) the People’s Republic of China (170) or England and Wales (148) and as Holder noted yesterday, the United States has 5% of the world’s population but 25% of the world’s prisoners.

Particularly damning to the United States is that 39.4% of all U.S. inmates are black and 20.6% are Latino, despite the fact that black Americans comprise just 13% of the U.S. population and Latinos comprise just 16%.  Holder yesterday cited a report showing that black convicts receive prison sentences that are around 20% longer than white convicts who commit the same crime.  Holder denounced mandatory minimums as ‘draconian,’ and made an eloquent case that U.S. enforcement priorities have had ‘a destabilizing effect on particular communities, largely poor and of color,’ that have been counterproductive in many cases.  Holder also made that case that in an era of budget cuts, America’s incarceration rate is a financial burden of up to $80 billion a year, and that reducing the U.S. prisoner population could shore up the country’s finances as well.

But Holder — and prison reform advocates that have emerged on both the American left and right — face a heavy task in reversing nearly a half-century of crime legislation that has largely ratcheted up, not down.

Just ask Kenneth Clarke, who until last September was the justice minister in UK prime minister David Cameron’s coalition government, who as one of the longest-serving and most effective Tories in government for the past four decades, faced a tough road in enacting prison reform in England and Wales.

Though its prison population and incarceration rate pales in comparison to that of the United States, the British justice system imprisons more offenders than many other countries in the European Union, such as France (101 prisoners per 100,000) or Germany (80).

Cameron faced a delicate task in finding a role for Clarke in his government back in mid-2010.  Clarke, a self-proclaimed ‘big beast’ of Tory politics got his start under ‘one nation Tory’ prime minister Edward Heath and found his stride under Heath’s successor, Margaret Thatcher.  He became John Major’s chancellor of the exchequer, guiding No. 11 from the dark days of the 1992 ‘Black Wednesday’ sterling crisis to a more robust financial position.  When Labour swept to power in May 1997 under Tony Blair, Clarke immediately became the most popular Conservative in the country, even though the significantly more right-wing and increasingly euroskpetic party thrice denied the pro-Europe Clarke its leadership.  While Clarke may have passed his glory days in government, his appointment as justice minister reflected that Clarke could still be useful in government.

Clarke’s biggest target as justice minister?  Reducing the number of offenders in English prisons and attacking what Clarke memorably called the ‘Victorian bang-’em-up prison culture’ in a landmark June 2010 speech: Continue reading Clarke’s British reform failures a lesson as Holder pushes for historic turn on U.S. crime