Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Friday, March 27, 2020

Advocacy groups urge ceasing of cannabis arrests and release of cannabis offenders during COVID-19 outbreak

As detailed in this press release, the "Last Prisoner Project and other organizations are urging law enforcement officials to dramatically curtail arrests for non-violent crimes, including ceasing arrests for cannabis offenses. In addition to curtailing arrests, the organizations are calling for officials to release or grant clemency to those incarcerated for cannabis offenses along with dramatically reducing the number of incarcerated non-violent prisoners, whether sentenced or un-sentenced." Here is more:

The Marijuana Policy Project, Last Prisoner Project, Law Enforcement Action Partnership, Clergy for a New Drug Policy, Doctors for Cannabis Regulation, National Cannabis Industry Association, Students for Sensible Drug Policy, and National Organization for the Reform of Marijuana Laws (NORML) have sent a letter calling for these actions to the National District Attorneys Association, National Governors Association, National Sheriffs’ Association, National Association of Chiefs of Police, National Correctional Industries Association, American Correctional Association, and AFSCME.

The letter is available at this link, and here are excerpts:

[W]e are imploring you to curtail arrests for non-violent offenses, such as marijuana possession, cultivation, and sale until the country is better able to prevent the spread of the coronavirus. Similar actions have already been taken in Pennsylvania, Ohio, and nationally by U.S. Immigrations and Customs Enforcement.

Many jurisdictions give police broad discretion to choose infractions and summonsed misdemeanors as alternatives to serious charges and arrests.  In addition, officers have wide discretion to merely provide warnings for minor offenses.  We encourage broad use of this flexibility in the face of the COVID-19 outbreak.

In addition to curtailing arrests, we are urging you to release cannabis offenders, along with dramatically reducing the number of incarcerated non-violent prisoners, whether sentenced or un-sentenced.  By significantly reducing the number of inmates in local jails and prisons, you can ultimately reduce the risk of the coronavirus being spread amongst inmates, staff, and the community.  Guards return to their families and communities after their shifts, as do prisoners upon their release.  The larger the number of individuals incarcerated, the greater the likelihood and possible scope of a related outbreak.  This puts prisoners, guards, and the larger community at risk as the communities grapple with this public health crisis. Significantly reducing the number of inmates is a necessary step to ensuring public health in the face of this crisis.

Many localities — including Baltimore; Suffolk County, Massachusetts; Cuyahoga County, Ohio; New Jersey; Los Angeles; and New York City — and the Federal Bureau of Prisons have already begun to release inmates incarcerated for non-violent, drug-related offenses with the understanding that infections in prisons and jails are rampant, and releasing inmates could save the lives of not only inmates but also the custodial, medical, and safety staff that serve them.

https://lawprofessors.typepad.com/marijuana_law/2020/03/advocacy-groups-urge-ceasing-of-cannabis-arrests-and-release-of-cannabis-offenders-during-covid-19-o.html

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