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Drug Policy

Updated 12.19.08

WHAT’S HAPPENING NATIONALLY

In 2008, the Subcommittee on Crime and Drugs of the Senate Judiciary Committee heard testimony on the “100-to-1” sentencing disparity between powder and crack cocaine. Currently, under federal law, a person caught with a certain amount of crack cocaine would be sentenced more harshly than a person caught with the same amount of powder cocaine. Many of the myths surrounding crack cocaine have been dispelled, and it has become clear that there is no scientific justification for the 100-to-1 disparity. The consequence of this has been an increased number of people of color convicted of serious crimes and spending more time incarcerated.

Check out this national ACLU web page for more information.

Student Financial Aid

The Higher Education Act, signed into law in 1965, established several federal financial aid programs, such as Perkins Loans, Pell Grants, Supplemental Educational Opportunity Grants, PLUS Loans and Work-Study Programs. This enabled hundreds of thousands to attend college that otherwise would not have been able to do so. But in 1998, Congress enacted a provision which removed the federal funding option for anyone with a drug-related conviction, no matter how minor. The provision hurts lower-income and minority students and families disproportionately, in some cases preventing those that most need assistance from getting it. It also punishes a student twice for the same crime; once at sentencing, again by eliminating financial aid options.

Check out this national ACLU web page for more information.


WHAT’S HAPPENING in Ohio

In December, 2008, the Ohio General Assembly passed H.B. 130, which eases re-entry of inmates upon release from prison, addresses overcrowded prisons, and promotes substance abuse treatment programs.

Take Action on H.B. 130.
Write your elected officials, thanking them for voting for the bill, or expressing your disappointment at their votes against. Click here to find out how your representatives voted.

For more information, download a recent episode of “Sound of Ideas” from WCPN, which discusses HB 130 with prison experts.

Fair Sentencing in Cuyahoga County

The ACLU of Ohio is a founding member of Citizens for a Safe and Fair Cleveland (insert link to site), along with 100 Black Men, Cleveland Job Corps, NAACP Cleveland Chapter and other concerned community activists.

The mission of CSFC is to correct the unfair targeted enforcement of drug crimes in Cuyahoga County that have adversely affected minority communities. In 2008, the coalition commissioned a report by Dr. Mona Lynch, who studied the drug cases in Cuyahoga County and concluded that African Americans and those who lived within the city of Cleveland were much more likely to be charged with a felony than their white and suburban counterparts.

Dr. Lynch’s report also found that many people of color were being charged with felonies simply for having residue on paraphernalia, despite the fact that it is not typically considered a felony offense in most jurisdictions.

The impact of targeted enforcement in Cuyahoga County has been felt by the African American and Hispanic communities. Since people of color are more likely to have felony convictions, it is more difficult for them to acquire certain jobs and support their families. In addition, very little resources are given to treatment of those convicted of drug crimes, and many are unable to break their addictions without outside help.

Reducing the Prison Population

In 2008, legislators from both sides of the aisle came together to support a bill in the Ohio General Assembly that would reduce the prison population and help those with drug addictions. Ohio House Bill 130 would make dramatic changes, including:

  • Promote substance abuse treatment in addition to or in lieu of incarceration;
  • Increase, albeit slightly, opportunities for early release from prison;
  • To provide released prisoners with identification cards and additional procedures for access to social services, training and employment;
  • Eliminate the broad authorization of licensing groups to discipline licensees or revoke licenses simply because of a criminal conviction, if that conviction is not substantially related to the regulated activity;
  • Create the Ex-Offender Reentry Coalition to identify barriers to the reentry of ex-offenders into the community and make recommendations to the legislature. The bill was passed by the Ohio House and is currently before the Senate Criminal Justice Committee.


GET ACTIVE!

Send a letter to Congress! Call for an end to the 100-to-1 powder and crack cocaine disparity.

Contact your representative.

Contact your senators.

Contact your state legislators! Tell them to support House Bill 130 and any measures that will help prisoners re-enter society.

Contact your representative.

Contact your senator.

Craft your own resolution! The Higher Education Act of 1998, which denies or delays access to financial aid based upon convictions for drug-related offenses, needs to be eliminated. Support student governments calling for a repeal of the Aid Elimination Penalty. Click here for a list of student organizations which have endorsed a resolution recommending repeal, and for language you can use for your own legislation.

Learn more about drug related injustices!
Watch Freedom Files: Drug Wars

Read about the issues!
Check out a recent Cleveland Scene article on sentencing disparity in Cuyahoga County.

Read the report by Dr. Mona Lynch on Cuyahoga County's targeted enforcement of drug laws.

Read the ACLU's briefing paper on Ohio's shameful track record on drug policy.

Students! Know Your Rights
Use this guide in conjunction with your school's handbook. go»


RESOURCES

Citizens for a Safe and Fair Cleveland

Families Against Mandatory Minimums

Drug Policy Alliance Network

December 10, 2008 will mark the 60th anniversary of the Universal Declaration of Human Rights (UDHR).

ACLU Challenges Financial Aid Elimination provision

ACLU Drug Law Reform Project

Coalition for Higher Education Act Reform

Students for Sensible Drug Policy