AG Holder Signals Change in "War-On-Drugs" Policy

AG Eric Holder @ ABA Annual Meeting

By: Timothy P. Flynn

Addressing the ABA's House of Delegates in San Francisco last week, U.S. Attorney General Eric Holder announced a significant shift in federal drug policy that could have an impact on our decades-long "War-on-Drugs".  The policy initiative will effectively gut the tough anti-drug sentencing policies that have been a staple of federal legislation for the past quarter century.

Holder indicated that sentencing guidelines would be reduced for non-violent low-level substance abuse offenders.  Stringent mandatory minimums would be eliminated.

In making the surprise high-impact announcement, the U.S. Attorney General said, "too many Americans go to too many prisons for far too long and for no truly good law enforcement reason."

Going forward with the new policy, known as the "Smart on Crime" initiative, Holder said that US Attorneys will be exercising their prosecutorial discretion to charge defendants with minor crimes [i.e. possession] better suited to their substance abuse conduct, rather than charging such low-level participants with distribution crimes that carry hefty minimum sentences.

The AG also signaled that his boss, President Obama, will be seeking a legislative initiative that would give federal judges more discretion in their sentences for drug-based crimes.  This was very welcome news to the ABA's Criminal Justice Section Chair, Neil Sonnett, who characterized the long-standing federal drug policy as one that features "over-criminalization" and "over-incarceration".

We here at the Law Blogger have seen many a client go "bye-bye" due to these harsh sentencing guidelines, some of which spill over into our state laws.  Remember the mandatory drug lifer law debacle of the 1980s?

With the onset of drug courts and sobriety courts over the past decade that feature treatment over incarceration, the criminal justice system here in Michigan has made great strides toward what Holder announced at the federal level.

Hopefully this momentum will continue after Holder's boss leaves office.  For the opposing point of view, take a look at Georgetown Law Professor William Otis' editorial in USA Today.  Also, here is the NYT's op-ed on the incarceration aspect of this debate; and here is The Economist, calling for "Holder to be Bolder".

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Posted in: ABA,Attorney General Eric Holder,criminal defense lawyer,drug abuse,Smart on Crime,substance abuse,Timothy P. Flynn,war on drugs

Spice Kills

Waterford Judge Jodi Debbrecht

This is a guest blog post from 51st District Judge Jodi Debbrecht in Waterford, MI. 

Dickie Sanders was a relatively normal teenager – interested in BMX bikes, student, goals, dreams. However, Dickie died from using bath salts.

While at home he had a psychotic episode as a result of using bath salts and was “seeing” fire engines and police cars in multitude arrive at his home.  He was screaming to his father who was in the kitchen of their home with Dickie.

Suddenly, as Dickie was counting cars, he reached down and grabbed a butcher knife and slit his throat open.

Dickie’s parents are both doctors; doctors who knew nothing about Spice, K2 or bath salts. They rushed him to the hospital after triaging him themselves where he was treated and sent home for care.

Less than 24 hours later, while in his bedroom, Dickie suffered another psychotic episode as a result of using bath salts and killed himself.

Many, many more stories just like this one abound.  And many, many stories similar to this one have occurred in our local communities.

Every day in my courtroom, young adults are admitting to using spice/K2, bath salts or other synthetic substances. No matter what you call them, they are killing our youth and the parents who appear to support their children are left with no answers, just left to wonder, what is this stuff?

Spice/K2, bath salts are essentially materials that are infused with chemical compounds that cause hallucinations, erratic behavior, disorientation, nausea, and even death. The symptoms are not limited to these noted here. Spice/K2 and bath salts (or similar substances) are technically illegal in Michigan.  However, they continue to be sold because as soon as the legislature identifies a chemical compound as a controlled substance thereby making it illegal, the individuals making the chemical change the compound.

The new compound is not listed as one that is illegal because it no longer fits the definition as defined in the statute for an illegal substance. Furthermore, Spice/K2 and bath salt use is on the rise because it becomes increasingly difficult to test for, is relatively inexpensive and easily accessible.

An immediate and viable way to stop the use of this new drug is to get people to stop selling it. In order to get people to stop selling it, we must raise awareness of the critical nature of this issue. Together we can stop the use and sale of this insidious substance.

Only together can we win the war against synthetic drugs – or any drugs. Informational meetings are being held throughout your community to provide you with information about this toxic substance.

Get the answers. Get the facts. Get armed to save our youth. Saying I didn’t know will not bring our young adults back from potentially irreparable damage, even death.

For more information, please see the links contained on my website: www.JudgeJodi2012.com.

Thanks Judge Jodi for putting the spotlight on this issue that has cropped-up among our children and their friends.

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Posted in: 51st District Court,bath salts,drug abuse,Judge Jodi Debbrecht,K2,spice,Waterford