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DPA is focusing on reforms to Maryland's criminal justice system, building on the success of getting a treatment-not-incarceration bill passed in 2004. That bill now diverts thousands of nonviolent drug offenders into treatment programs, saving Maryland taxpayers millions of dollars a year in the process. Building on momentum from that victory, DPA continues to work with the Partnership for Treatment Not Incarceration, made up of the following groups: Law Enforcement Against Prohibition (LEAP); ACLU-MD, Students for Sensible Drug Policy - University of Maryland chapter; Sensible Drug Policy Maryland, Americans for Safe Access, Power Inside, National Association of Criminal Defense Lawyers, Justice Policy Institute; the Interfaith Drug Policy Initiative; and the Maryland Office of the Public Defenders.
Sentencing Reform
Along with the Partnership for Treatment, DPA is also working in 2007 to promote two bills, HB 992 and SB 624, which would restore some decision-making power to judges during sentencing. These bills would give judges the discretion to suspend a portion or all of a mandatory minimum sentence on a case-by-case basis. The legislation also seeks to make people sentenced under a mandatory sentence eligible for parole and drug treatment. If these bills pass, the reforms will be retroactive, meaning that people who are currently serving mandatory minimum sentences will be able to apply for parole or treatment.
Mandatory minimums take discretion away from judges and place it solely in the hands of prosecutors who lack the experience and neutrality of judges. In an environment where prisons become a catch-all solution for social problems, this practice quickly becomes unsustainable and unjust. Maryland's prison population has tripled in the past 20 years, from 7,731 in 1980 to 24,186 in 2003. During the 1980s and 1990s, Maryland's per capita state spending on corrections grew by over 100%. By way of comparison, per capita state spending on corrections grew at four times the rate of increase in higher education spending.
Medical Cannabis
The state passed a medical marijuana law in 2003, but it slaps patients with a criminal conviction when they successfully offer a medical necessity defense in court. This means that even a successful defense results in a permanent criminal record, which poses barriers to financial aid, housing, employment, and more.
DPA is working on legislation to rectify this with support from Americans for Safe Access (ASA) and the Marijuana Policy Project (MPP). Legislation introduced last year would have fixed part of the law, but the 2007 legislation is more comprehensive. This year's bills, HB 1040 and SB 757, would replace the current law with one addressing the issues of cultivation, identification cards, privacy and confidentiality issues, fees, transportation, and possession.
Harm Reduction
DPA is working with allies at the local level in Prince George's and Montgomery counties to increase support for and implement syringe exchange programs similar to the extremely successful one that has been implemented in Baltimore.
Increasing access to sterile syringes is an important public health measure. Syringe exchange plays a key role in reducing the spread of blood borne disease such as HIV/AIDS and hepatitis C, which can be transmitted by people who inject drugs and share contaminated needles.
Get Involved
DPA's District of Columbia metropolitan area office continues to build its presence in Maryland. If you would like to get involved, please contact office director Naomi Long.
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