~ The drug hawk’s worst
nightmare: Kucinich’s hearings will raise a ruckus ~
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Democratic sweep in the 2006 mid-term elections has done more than
finally install a woman as speaker of the House. It has also put one
of the most vocal critics of the ill-starred “War on Drugs” in a
position to affect federal drug policy. On January 18, Ohio
Congressman and presidential candidate Dennis Kucinich, one of the
most progressive Democratic voices in the House, was appointed as
chair of the new House Government Reform and Oversight subcommittee
on domestic policy, causing drug reform organizations coast-to-coast
to rejoice in hopes that a moment for significant change may have
finally come.
This subcommittee replaces the now-defunct Criminal Justice, Drug
Policy, and Human Resources subcommittee, which was headed up by
staunch drug warrior, Rep. Mark Souder (R-IN). Kucinich will assume
many of his oversight duties, including policy oversight of the
White House Office of National Drug Control Policy and appointed
Drug Czar John Walters. One commentator on Stopthedrugwar.org crowed
that “the responsibility of overseeing the ONDCP has effectively
been transferred from Congress’s most reckless drug warrior to its
most outspoken drug policy reformer” [his emphasis].
“He is certainly the polar opposite of his predecessor, Mark
Souder,” says Allen St. Pierre, spokesman for the National
Organization for the Reform of Marijuana Laws, or NORML. “Since the
time the [ONDCP] was created in 1988, there have always been
friendly people in that subcommittee and the ONDCP has always been
able to get what they want under the guise of protecting children
and saving America from drugs. But Kucinich doesn’t believe any of
that. Any of it!”
For instance, St. Pierre notes, Kucinich is a supporter of
industrial hemp, the non-psychoactive product of the cannabis sativa
plant. He is also a supporter of medical marijuana and of the
federal rescheduling of marijuana, where it is currently illegal as
a Schedule I drug, classified as having “no medical value.” This
classification clashes with states such as California, which have
legalized medical use of marijuana, and leads directly to the
current rash of raids on medical marijuana dispensaries by the
federal Drug Enforcement Agency. Kucinich is expected, St. Pierre
says, to be a sponsor of a new bill to be introduced in March that
would decriminalize pot.
Washington insiders, however, are not holding their breath for
great upheaval in federal drug policy overall. Sources close to the
appointment, who asked not to be named, say that Speaker Nancy
Pelosi and other members of the Democratic leadership have
effectively embargoed major crime or drug policy legislation for the
next two years, to avoid looking soft on crime in the 2008 election.
Kucinich, however, is promising a couple years of entertaining
and edifying hearings.
“We’re going to open up the discussion to new hearings,” says
Kucinich, interviewed Sunday in Culver City, where he presented his
bill for Universal Health Care, which is co-sponsored by Rep. John
Conyers (D-MI). “We want to explore the federal government’s
policies and the Department of Justice’s policies on medical
marijuana, for example. We need to also look at the drug laws that
have brought about mandatory minimum sentences that have put people
in jail for long periods of time. I think it’s an appropriate time
to look at the proliferation of drugs in America, and how that fits
in with our health care crisis, and how that fits in with law
enforcement.”
The ONDCP did not reply to several requests for comment. That
office, however, which is a function of the executive branch, has
been deeply involved in pushing heavy sentences for nonviolent drug
offenders and resisting medical marijuana, buying big-money ad
campaigns attacking marijuana in states trying to legalize at the
state level. Controlling that ad money could be a key to reform.
When asked if his subcommittee has any budget oversight or other
muscle, Kucinich shook his head and added, “No, this committee does
not have control of the budgets, but it does have control of the
policy, and it can ask questions and get documents that others
couldn’t get.”
That can make a difference, says Ethan Nadelmann, executive
director of the Drug Policy Alliance, one of the nation’s biggest
drug policy reform organizations. His group plans to push for
incremental slices of legislation that can move a progressive agenda
while not upsetting Democratic unity, adding that Kucinich can “hold
hearings on some of the subjects that haven’t been addressed in, you
know, decades. Like a hearing on America having the highest
incarceration rate in the world. Or maybe a hearing on why the DEA
has jurisdiction over medical issues.
“One can obviously empathize with the democratic leadership’s
desire to be cautious when it comes to supporting drug policy
reforms and other sentencing reforms,” he adds. “But when you have a
growing number of Republicans supporting sentencing reform, this
might be a good time for the Democrats to show a little leadership.”
In fact, several activists point out, the new Congress may be the
most sympathetic to drug-law reform that America has ever seen.
Progressives like Senator Richard Durbin and Reps. Pelosi, George
Miller, Conyers, Barney Frank, Henry Waxman, Kucinich, and Bobby
Scott have all turned up in leadership positions.
“If we had to pick out our 40 best friends in Congress, they’d be
disproportionately in leadership positions,” says Nadelmann. He
includes Sen. Patrick Leahy on that list, but cautions: “Mind you,
seven years ago, Leahy said that sentencing reform was one of the
top priorities, but now it’s not even a top-10 priority. Part of
that’s because there’s so much other stuff to deal with.”
Still, action on several fronts is expected. Sentencing reform
should get some attention, with an aim of reducing the number of
non-violent drug offenders currently getting long prison sentences,
which has given the U.S. the highest per-capita incarceration rate
in the world. One such change would be to make sentences involving
crack cocaine equal to those given for powdered cocaine, as
community activists have long contended these simply punish the
black and poor who are more likely to use the drug in the form of
crack. Hearings might also bring new media scrutiny to decades-long
marijuana rescheduling motions and several Data Quality Act
petitions, which force bodies like the Food and Drug Administration
to make decisions based on science rather than ideology, and which
have been roundly ignored by the Bush administration.
St. Pierre points out another potential point of influence: High
Intensity Drug Trafficking Areas, or HIDTAs. Congress funnels
millions of dollars to local law enforcement for use in these areas,
and activists have long argued they are wrongly prioritized.
“That’s a very obscure acronym, but when it comes down to the
billions of dollars that get channeled out to local governments and
their law enforcement, HIDTA is the battleground. That’s where
Dennis can come in and say, ‘Mr. Walters, we the Congress, and,
clearly, your own constituents want methamphetamines as the number
one priority, not marijuana, and certainly not in the states that
have medical marijuana laws.’ A couple of weeks ago, Walters was out
in Fresno giving awards away for busting buyers’ clubs. Dennis can
clip those wings. It all depends on how he’s going to want to pull
the trigger.”