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drug laws

Drug laws vary from state to state, but in terms of drug regulation federal law generally trumps local or state law. One consequence of illegal drug use can be jail, fines, or both. Some sentences for drug offenses may be lowered in states that have drug diversion programs.

Posted under Public Policy

Global Commission on Drug Policy Calls for U.S. to Back Down on the War against Drugs

Global leaders met earlier this month to examine the effectiveness of current international anti-drug policy. Overall, the consensus was that protocol adopted by the U.S. – namely the War on Drugs instituted by the Reagan presidency in the ’80s – has been highly ineffective. Continue Reading

Posted under California

Issues Surrounding Medical Marijuana Use in California

In California, the first of 13 states to decriminalize cannabis (marijuana) for medical use, controversy still surrounds the issue of medical marijuana use. Despite state law that permits cultivation or possession of cannabis by seriously ill patients on the recommendation of their physician, federal law still prohibits obtaining, possessing or cultivating marijuana for any purpose. Cannabis is still classified as a Schedule I drug, meaning it has no generally recognized medical use.The U.S. Drug Enforcement Administration (DEA) has continued to carry out raids on medical marijuana growers in California. Continue Reading

Posted under Public Policy

U.S. Losing the War on Drugs

The war on drugs has been around since President Nixon declared its start 40 years ago. According to a New York Times article, it appears that the war is a losing battle, unless you are cheering for the drugs.

In today’s society, drugs are more readily available, can be purchased for much lower prices and higher level of potency. All of this in spite of the trillion dollars that has been spent conducting this “war”. Continue Reading

Posted under Massachusetts

Judicial Attitudes toward Drug Abuse: Massachusetts

Researchers now believe that alcohol and drug addiction has a genetic component. The Kennedy family of Massachusetts is perhaps the most infamous evidence of the biological roots of alcoholism and drug use. Ted Kennedy, the democratic Senator from Massachusetts, has long struggled with an alcohol problem, as has his first wife, Joan.

Both Ted and Joan have have struggled to stay sober over the years. Their son, Patrick Kennedy, also suffers from substance abuse issues. He has previously admitted to being addicted to prescription drugs, and sought treatment for cocaine addiction when he was a teenager. Just this year he announced that he would enter alcohol rehab for yet another round of substance abuse treatment. Continue Reading

Posted under Connecticut

Judicial Attitudes toward Drug Abuse and Alcohol Abuse: Connecticut

Connecticut was in the news recently after the sentencing of the most recent celebrity to be charged with DUI. Actor Rip Torn was sentenced to probation after pleading not guilty to driving under the influence (DUI) following an arrest in December 2008. A judge approved the plan under which Torn will enter an alcohol-education program in addition to serving probation. Torn has had two previous DUI charges, and one conviction, from New York within the last 5 years.

Although not available to Torn due to his prior DUI conviction, Connecticut is one of the few states to offer a pre-plea alcohol diversion program to those charged with DUI. The program rewards successful participants with elimination of the DUI charge. Other states, like New York, offer pre-plea diversion programs to drug addicts only. Continue Reading

Posted under New York

Judicial Attitudes toward Drug Abuse & Alcohol Abuse: New York

Like most states, New York focuses significantly more of its resources on combating drug abuse and drug addiction than alcohol abuse and alcohol addiction. In terms of criminal law, New York gives some addicts charged with drug crimes the chance to wipe their records clean after substance abuse treatment. However, the very best those charged with DUI can hope for is a reduced charge or sentence. Continue Reading

Posted under Florida

Judicial Attitudes toward Drug Abuse and Alcohol Abuse: Florida

By Millie Anne Cavanaugh, Esq

Attitudes toward drug and alcohol addiction have evolved over the years in society as a whole. While addicts and users used to be seen strictly as criminals, education and outreach programs have taught us that addiction is a disease. The treatment of addicts and alcoholics in state courts has also evolved over time. Florida has lead the way in this regard, establishing the first Drug Court and, more recently, applying the Drug Court model to habitual driving under the influence (DUI) offenders. Drug crimes are the most common type of case coming before Florida’s criminal judges today. Further, roughly 60% of those arrested are either under the influence of drugs or alcohol or have committed a crime to get drugs or alcohol. Continue Reading

Posted under California

Judicial Attitudes toward Drug and Alcohol Abuse in California

By Millie Anne Cavanaugh, Esq.

Approximately 36 million people live in California. It is estimated that drug and alcohol abuse costs the citizens of California approximately $44 billion per year in loss of productivity, health care, substance abuse prevention programs, substance abuse treatment programs and criminal justice programs. The cost is split between drugs and alcohol at roughly $22 billion each. The number of yearly deaths attributed to each type of abuse is also equally divided at 3,600 each.

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Posted under New York

New York Drug Law Reform Eases Sentencing and Expands Treatment

By Meghan O’Dell

In April 2009, the draconian Rockefeller Drugs Laws of New York were reformed in an attempt to advance a public health and safety approach to drug policy, which will reduce sentences for nonviolent drug offenders and allow judges to place offenders in drug treatment programs rather than in prison. The legislation will also allow thousands of prisoners jailed for nonviolent drug offenses to have their sentences reduced or commuted.

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