Higher Education Act of 1998

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The Higher Education Act of 1998 includes a provision that denies or delays federal student aid to persons ever convicted of a drug law offense, including simple possession. According to the Department of Education, under this provision, more than 43,000 students were unable to obtain student loans for the 2001-2002 school year. If elected, would you support repealing this provision?

Treatment over Incarceration

The Department of Justice reports that there are now nearly half a million non-violent drug law offenders in federal and state prisons and local jails. Arizona (Proposition 200, 1996) and California (Proposition 36, 2000) have enacted "treatment instead of incarceration initiatives" that provide substance abuse treatment rather than imprisonment to eligible low-level, non-violent offenders charged with simple drug possession. Proposition 200 diverted 2,600 non-violent drug law offenders into treatment in its first year, saving taxpayers $2.56 million, and over $6 million in prison costs in its second year, according to an analysis by the Arizona Supreme Court. Similarly, California's Legislative Analyst's Office estimates that Proposition 36 will divert over 36,000 drug law offenders a year to treatment and save California taxpayers approximately $1.5 billion (net) over the next five years. If elected, would you support legislation that diverts non-violent drug law offenders convicted of possession to substance abuse treatment instead of imprisonment?

Mandatory Minimum Drug Sentencing

Congress enacted federal mandatory minimum drug sentencing laws in the 1980's, which require judges to hand out fixed sentences to drug offenders based solely on type of drug, weight of the substance siezed, and number of prior convictions. Judges are not allowed to exercise any discretion regarding the offender's role, motivation, or need for treatment. Although, the original intent of mandatory sentencing laws was to reduce racial inequities in sentencing and target major drug offenders, in fact, they have exacerbated racial and gender disparities in sentencing, contributed to the overcrowding of prisons, and resulted in imprisoning low-level drug offenders for unjust, lengthy sentences. If elected, would you support legislation in favor of restoring the ability of judges to use discretion in sentencing regarding drug convictions?

Crack/Powder Cocaine Disparity in Mandatory Minimum Sentencing

Current sentencing policy generates a 100 to 1 penalty ratio regarding powder cocaine related offenses versus crack cocaine related offenses. For example, possession of 5 grams of crack cocaine commands a 5 year mandatory sentence while it requires 500 grams of powder cocaine to prompt the same sentence. Crack cocaine is also the only drug where a first offense of simple possession can trigger a federal mandatory minimum sentence. Despite relatively equal use rates of crack among white and black drug users, the most current figures provided by the U.S. Sentencing Commission (USSC) indicate that of those persons sentenced to prison on crack-related offenses, 84.2 % were black, 9% were Hispanic and only 5.7% were white. If elected, would you support changing crack penalties to meet current powder cocaine penalties?

Medical Marijuana #1

Numerous published studies suggest that marijuana has medical value in treating patients with serious illnesses such as AIDS, glaucoma, cancer, multiple sclerosis, epilepsy, and chronic pain. According to a 1999 Gallup poll, 73% of Americans are in favor of "making marijuana legally available for doctors to prescribe in order to reduce pain and suffering." If elected, would you support or oppose measures that allow seriously ill patients to legally obtain medical marijuana with a doctor's prescription like other medicines?

Medical Marijuana #2

Since 1996, nine states have voted for initiatives or legislation to allow for the use of  medicinal marijuana. Do you support or oppose the rights of States to allow access to  medical marijuana for seriously ill patients, without interference from the federal  government?

Civil Asset Forfeiture

Civil asset forfeiture allows law enforcement officials to seize personal property or cash believed to have been related to a drug-related crime or are profits from a drug-related crime. Property can be legally taken away even if the owners are never charged with or convicted of a crime, causing innocent Americans to lose their cars, homes, businesses, and bank accounts based on unsubstantiated claims that crimes took place on their property. Property, not the individual, is charged with an offense, and can be confiscated by police, prosecutors and judges, who frequently use or sell the property to make up for local budget cuts for their own personal gain. If elected, would you support or oppose measures to eliminate civil asset forfeiture absent a conviction?

Felony Disenfranchisement 

The United States is one of the few countries in the world that strips convicted felons of the right to vote.  No other democratic country in the world denies as many people - in absolute or proportional terms - the right to vote because of felony conviction than the U.S.  Currently, 1.4 million African-American men, or 13% of black adult males  are disenfranchised - many for non-violent drug offenses - reflecting a rate of  disenfranchisement that is seven times the national average.  If elected, would you support or oppose legislation eliminating the felony disenfranchisement laws of the  United States?

Needle Exchange Programs

According to the Centers for Disease Control and Prevention, 36% of AIDS cases by June 2000 have been linked back to needle-sharing among intravenous drug users (IDU's). Needle exchange programs, which provide sterile syringes to IDU's, are a proven effective public health measure in preventing the spread of HIV/AIDS, Hepatitis and other blood-borne diseases among IDU's, their partners, and their children. Despite this, Congress has banned the use of federal funds from supporting such programs. If elected, would you support or oppose legislation in favor of allowing States to use their share of federal AIDS dollars on needle exchange programs if they so choose?

Methadone Maintenance

Methadone maintenance is the most effective treatment for heroin and other opiate addictions. Methadone, usually administered orally, is a synthetic narcotic that helps patients manage the effects of heroin withdrawals, and does not produce euphoria or intoxication in stable doses. A treatment outcome study by the National Institute on Drug Abuse (NIDA) found that methadone maintenance treatment (MMT) programs decreased participants' heroin use by 70%, reduced their criminal activity by 57%, and increased their full time employment by 24%. MMT is also effective in reducing disease and deaths associated with heroin and other opiate addictions. However, federal regulations restrict methadone's availability, confining it to specialized treatment programs which remain underfunded and in short supply. Doctors in general medicine are prohibited from prescribing methadone, and regular pharmacies cannot distribute it. There has been a resurgence of heroin use in many U.S. cities along with the rapid spread of HIV/AIDS among drug injectors. If elected, would you support or oppose measures that increase access and availability to methadone, such as through pharmacies, as several dozen other countries have done?