Reviving war on drugs could carry big costs in Michigan

War on drugs

U.S. Attorney General Jeff Sessions says he may want to revive the war on drugs, pushing for tough drug sentences and pushing back against the medical marijuana movement, saying “nice people” don’t use it as medicine. (Shutterstock photo)

In an era when it seems Democrats and Republicans can agree on hardly anything, many agree on the need for corrections reform. It’s expensive to keep people in prison, and prison itself can have corrosive, lasting effects that are disproportionate to a productive post-prison life, the thinking goes.

So for a while now, at the local, state and national levels, policy makers have taken tentative steps toward imprisoning nonviolent and other low-risk offenders for shorter terms in hopes of lowering costs and improving outcomes without compromising public safety. Michigan’s state population peaked at over 51,000 in 2007; the following year, a report by the Citizens Research Council of Michigan noted that spending on corrections took 20 percent of the state’s general fund and employed nearly a third of its workforce, and that the inmate population grew through a period when the crime rate fell by more than 42 percent.

Today, the state prison population is around 43,000, and while the debate on how to control corrections spending continues, bipartisan discussion continues to seek consensus on how these expensive institutions can be safely downsized.

That trend is now being challenged, at least in the federal system, by U.S. Attorney General Jeff Sessions. In a directive to U.S. attorneys in May, Sessions reversed a course laid in 2013 by his predecessor Eric Holder, which directed U.S. attorneys to “refine” their charging practices, so as not to trigger mandatory minimum sentences for low-level, nonviolent federal drug offenders.

Sessions’ move restored the previous policy, which required federal prosecutors to charge the “most serious, readily provable offense,” many of which trigger long sentences.

The U.S. Bureau of Justice Statistics reports that roughly half of all federal prisoners are drug offenders, and Sessions’ move to reverse the Obama-era policy was widely seen as restarting the government’s so-called war on drugs. Sessions, in announcing the change, said “drugs and crime go hand-in-hand” and “drug trafficking is an inherently violent business,” where debts are collected “by the barrel of a gun.” The reversion to previous policy was “a key part of President Trump’s promise to keep America safe.”

In his statement, Sessions told U.S. attorneys they “deserve to be unhandcuffed and not micro-managed from Washington. ...It is simply the right and moral thing to do.”

A return to the war on drugs, if mimicked here in Michigan, could have wide-reaching impact on the state prison system, and on the taxpayers who pay for it.

Roughly 2.3 million people are behind bars in the U.S., spread among local jails, juvenile and immigration detention, and military, state or federal prisons, according to the Prison Policy Initiative, which advocates against mass incarceration.

In Michigan, the most recent available data, from 2015, reports that about one-third of the state’s 40,000 prison inmates are incarcerated on drug charges. At a per-capita cost of $35,000, that works out to $116 million per year (Though it’s worth noting that most imprisoned on drug charges have at least another conviction, anything from violent assault to a less-serious property crime).

So what is likely to happen as a result of this new wind blowing through Washington? What’s the result if it’s duplicated in Michigan?  

Maybe not much

Think of the war on drugs as a long train speeding down the track. Holder’s directive had the effect of pulling back on the throttle, but a train takes a long time to slow down, let alone stop, and the new policy was in place for only about three years. 

Blanche Cook

Blanche Cook said changes in prosecuting drug dealers at the federal level are a return to pre-Obama era policy. (Courtesy photo)

“The language he is using was the language that was in place for all U.S. attorneys offices prior to the Holder” policy, said Blanche Cook, a Wayne State University Law School professor and former U.S. Attorney. “It not as if this is new. It’s not a radical notion.”

The “most serious, readily provable offense” is language that U.S. Attorneys have been following for decades, and federal mandatory minimum sentences go with that, Cook said.

They’re called mandatory for a reason.

However, she said, federal prosecutors have discretion in how they craft and pursue cases. But they also all know they serve at the pleasure of the president, and no one wants to lose a job because they weren’t carrying out the chief executive’s judicial policy to the president’s liking.

“You have a lot of latitude, but you don’t want to get on the president’s radar for the wrong reason,” Cook said.

A spokesman for the Department of Justice in Washington declined comment for this story.

A setback for reformers

Kevin Ring, president of Families Against Mandatory Minimums, a national advocacy group, said he was disappointed with the Sessions reversal. He said it’s clear tough sentencing doesn’t reduce crime.

The group was part of the effort to repeal Michigan’s 650-lifer law, which Ring called “one of the worst in the country.” The statute, passed in 1973, imposed a mandatory life sentence on individuals arrested with 650 grams or more – roughly 1.5 pounds – of heroin or cocaine. By the time it was repealed 25 years later, it had snared such high-profile defendants as “White Boy” Rick Wershe, the focus of clemency efforts for years, and Tim Allen, the actor who today is the voice of the Pure Michigan tourism ad campaign. (Both men cooperated with law enforcement, but Wershe remains behind bars, while Allen served two years in federal prison before being paroled.)

Charging decisions that trigger mandatory minimums are counterproductive to their stated aim, Ring said.

“They were (supposed to) reduce crime and drug use. But no study shows it reduces crime; it’s swiftness and surety of prosecution, not sentences, that does that,” Ring said. Michigan and other states, including New York and Rhode Island, have reformed these policies, “and crime rates continued to fall.”

Kevin Ring

Kevin Ring is president of Families Against Mandatory Minimums, an advocacy group, points to studies showing that tougher sentencing doesn’t always reduce crime. (Courtesy photo)

That question is that rare issue where many on both the left and right are in agreement. None other than the conservative American Legislative Exchange Council has come out against mandatory minimums, along with more traditionally liberal groups like the ACLU.

Which brings up the question of how states are handling the same problem.

Tough on crime, and (probably) running for governor

In Michigan, as divided along partisan lines as any state, corrections reform is a bipartisan issue, or was. In 2015, a bill sponsored by Republican Rep. Kurt Heise of Plymouth sought to institute “presumptive parole,” where low-risk inmates in the state prison system would be paroled at their first available date.

Groups from the Mackinac Center for Public Policy (on the right) and the ACLU (on the left) agreed it was a sensible reform that would ease the burden on corrections by releasing inmates at an earlier date than they might be under the old system.

It died in the Senate, after being opposed by Michigan prosecutors and state Attorney General Bill Schuette, who has made a tough-on-crime stance part of his growing public profile. Lately, Schuette has also focused on opioid-related criminal activity, announcing the formation of a new Opioid Trafficking and Interdiction unit that will focus on illegal traffic in legal opioid painkillers, as well as heroin.

And while affairs at the state level are not connected with Sessions’ reversal, Heise, now supervisor of Plymouth Township, said they are the same problem in a different place. 

Kurt Heise

Kurt Heise, a Republican, tried passing corrections reform when he was in the Michigan House of Representatives, but ran into opposition. (Courtesy photo) 

“What’s happening at the federal level is the disconnect we have in Michigan: A tough-on-crime attorney general against a legislature trying to pay the bills, and finding out that increased incarceration doesn’t pay off,” Heise told Bridge.

“Look at the cost of corrections, (and ask) what are we really getting out of increased incarceration? The feds will come to the same conclusion we came to in Michigan,” Heise said. “Within the party, we will see the same debate and discussion” in the Trump Administration.

A Michigan House Fiscal Agency analysis of the bill stated it would save the state money, “eventually,” by slowing prison population growth over a number of years, roughly 1,300 prison beds, a savings of roughly $30 million annually.

Legalized pot up in smoke?

Marijuana remains illegal under federal law. Under the Obama administration, a 2009 guidance memo allowed states where voters or legislators chose to legalize it to do so without federal interference. That was one factor enabling marijuana laws to spread to 29 states, either as medicine or a strictly recreational drug.

Sessions’ memo said nothing about marijuana, but he’s said plenty about it in other settings, most notably that “good people don’t smoke marijuana,” and that allowing people to use it in a medical context in lieu of opiates, for example, amounts to “trading one life-wrecking dependency for another.”

And a letter released in mid-June reveals Sessions is gunning for weed, too, asking Congress to overturn the Rohrabacher-Farr amendment, a 2014 law that officially keeps the federal government out of state affairs on this issue.

Sessions argues that the Justice Department needs the authority to combat “an historic drug epidemic and potentially long-term uptick in violent crime.”

In Michigan, a drive to fully legalize recreational marijuana is in its early stages, aiming for a ballot initiative in November 2018. (An earlier effort failed to reach the ballot due to a dispute over the age of some signatures on petitions.)

Josh Hovey, spokesman for the Coalition to Regulate Marijuana Like Alcohol, formed to help pass the Michigan ballot measure, said he isn’t worried.

“The bottom line is, we’re paying close attention (to the issue), and think there’s strong momentum across the country for more responsible marijuana laws,” Hovey said. “We’re hopeful the momentum will carry through to the Administration, and they will think twice before they overturn (state laws).”

Polling suggest strong support for fully taxed, legal marijuana in the state, with 58 percent of likely voters saying they’d approve it in one recent poll.

Fuller prisons

Todd Perkins is a criminal defense attorney in Detroit who has seen many clients go through the federal courts both under the old system and after the Holder memo. He sees the change by Sessions as hostile to people of color.

“The war on drugs has not been successful,” Perkins said. “It was predicated on race, and has punished, unfairly, various sectors of society, predominantly African Americans and other minorities.”

Besides studies showing sharp racial disparities in drug prosecution, and differences in sentences (since mitigated) for those possessing or selling crack or powder cocaine, Perkins’ contention is backed up by at least one key admission.

John Ehrlichman was President Nixon’s domestic policy adviser and a key player in launching the president’s war on drugs, declared in 1971 when Nixon called drug abuse “America’s public enemy number one.” In an interview given in the early ‘90s, but not published until 2016, 17 years after his death, Ehrlichman is quoted as saying the war on drugs was intended to demonize “the antiwar left and black people.”

After the Holder-led policy change in 2013, Perkins said, his clients in the federal courts who were lower-level, nonviolent offenders still got prison time, but less of it, he said.

“Some punishment has to occur,” Perkins said. “But at the end of the day, we don’t need to lock people up for long stretches if they don’t deserve it.” 

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Chuck Fellows
Thu, 07/06/2017 - 9:34am

These high level policies do nothing other than incarcerate people. No evidence has ever shown that "tough on crime" policies reduce crime. "Broken windows" and "community policing" sound nice but they have not reduced crime, only increased incarceration rates. They have created illusory islands of safety in densely populated urban environments. Militarization of local police departments is a threat to democracy through the not so subtle reinforcement of the "Be afraid, be very afraid" meme that rules the American psyche.

Nationally the incidence of crime has declined, despite what you hear from the "if it bleeds it leads" media. America is a fearful and wrathful nation intent on punishment and nothing else. The most effective way to reduce crime over time is to communicate with one another, not be so afraid of "difference" and change. Life your own lifestyle but do not expect others to be the same. Celebrate the differences and you might just learn something.

Support the inclusion of low income housing in all new Detroit development, a policy of the current administration, to insure Detroit's citizenry are included, not exported, from the revitalization of the city.

Jim tomlinson
Thu, 07/06/2017 - 10:06am

Is sessions crusade really due to private prison lobby? Sessions certainly is a cliche.

Keith the Beef
Thu, 07/06/2017 - 9:51am

Jeff Sessions is evil as it gets.

Patrick Shannon
Thu, 07/06/2017 - 11:21am

I was an elected county prosecutor during the War on Drugs effort during the 80's and 90's. We had one of the earliest DARE programs, a multi-county drug enforcement team and the first multi-county grand jury to investigate drug trafficking in northern Michigan. The environment changed in the 1990's with the access to highly addictive prescription opiates . I now run a drug treatment court and I am confident that I am on the right side of the effort. Prosecuting those addicted to opioids is easy and very expensive. If we are looking for fault, our attention should be directed to the drug and health care industries that created and have perpetuated this atrocity. Last year in the United States it is estimated that approximately 59,000 - 65,000 people died as a result of opioid overdoses. In Michigan that number approached 2,000 people in 2016 according to a recent NY Times article. Before they shoot off their mouths, maybe the policy makers should speak to those of us who actually prosecuted drug cases and now find themselves working to save lives in treatment courts. "Just Say No," may have worked in the 1980's to get elected but today that slogan kills people.

Steve Williams
Thu, 07/06/2017 - 11:25am

The headline implies that the war on drugs is being revived, but later says that the Federal government is making relatively minor changes to return to the policy prior to three years ago. The war on drugs never went away, or was significantly diminished. It also implies that Michigan will experience very high costs as a result of small changes in the prosecution of drug offenses. Very little investigation, just regurgitation of talking points. Very few are in prison for drug charges alone, which is given a parenthetical comment without numbers. Bureau of Prisons numbers are approximately 16% with drug charges as their most serious offense. Less than 1% are in prison for marijuana possession alone. Very little change in prison population is likely to occur with increased or decreased prosecution within the limits being discussed.

Increased incarceration does make us safer, the question is at what cost? The net cost is the cost of incarceration minus the cost of allowing incarcerated people back on the street. This varies with the crime committed and prior history. Marijuana prisoners are estimated to commit $26,000 per year worth of crimes, according to a 2009 Hawaiian study.

My libertarian leanings tend toward drug legalization along with strict enforcement of laws.

Chris
Fri, 07/07/2017 - 11:34am

I think it is important to remember that the numbers of people incarcerated are only a small segment of those caught up in the war on drugs. While there may be a relatively small number of people actually incarcerated for marijuana possession, there are literally thousands of others who are on probation or have been saddled with lifelong criminal records that make EXTREMELY difficult to find honest employment and become or stay a productive, tax paying member of society. Not to mention, the costs of supervising those convicted of low level drug offenses like simply possession is also an expensive proposition. Not as expensive as full on incarceration, but certainly not without cost, either.
Finally, I question your assertion that increased incarceration makes us safer. Despite rising incarceration rates over the prior three decades (which are starting to come down now,) drugs are cheaper, more easily available and stronger than ever. How does that make us safer?

Chris Carrpenter
Thu, 07/06/2017 - 12:27pm

I think the best thing is for citizens to obey the law. If having a lot drugs is illegal - then do not do it. Don't do the crime - if you do not want the time. I think it is fine to lock up dealers with large quantities for a long time like 20 to 30 years. People with medium amounts of drugs could get 5 to 10. For users with small quantities - they should be referred to a drug rehab program and probation.

Chris
Fri, 07/07/2017 - 11:34am

We should constantly be examining our laws to determine if they are fair, just or effective. The war on drugs is none of these.

Brian Kelly
Thu, 07/06/2017 - 3:29pm

Marijuana consumers deserve and demand equal rights and protections under our laws that are currently afforded to the drinkers of far more dangerous and deadly, yet perfectly legal, widely accepted, endlessly advertised and even glorified as an All American pastime, booze.

Plain and simple!

Legalize Marijuana Nationwide!

The "War on Marijuana" has been a complete and utter failure. It is the largest component of the broader yet equally unsuccessful "War on Drugs" that has cost our country over a trillion dollars.

Instead of The United States wasting Billions upon Billions more of our tax dollars fighting a never ending "War on Marijuana", lets generate Billions of dollars, and improve the deficit instead. It's a no brainer.

The Prohibition of Marijuana has also ruined the lives of many of our loved ones. In numbers greater than any other nation, our loved ones are being sent to jail and are being given permanent criminal records which ruin their chances of employment for the rest of their lives, and for what reason?

Marijuana is much safer to consume than alcohol. Yet do we lock people up for choosing to drink?

The government should never attempt to legislate morality by creating victim-less marijuana "crimes" because it simply does not work and costs the taxpayers a fortune.

Marijuana Legalization Nationwide is an inevitable reality that's approaching much sooner than prohibitionists think and there is nothing they can do to stop it!

Legalize Nationwide! Support Each and Every Marijuana Legalization Initiative!

Kevin Grand
Thu, 07/06/2017 - 3:47pm

Is this just me, or is anytime that we see a "crackdown" on something, it always focuses on the easiest targets.

Did we see a similar "crackdown" against those directly responsible for the Wall Street meltdown? Or the housing bubble?

Did we see a similar "crackdown" against those directly responsible for gross incompetence like what happened with Flint (or the EM law in general)?

Did we see a similar "crackdown" against those directly responsible for creating faulty products like GM or Takata?

Does anyone else see a pattern here?

I see a two-tiered justice system. Plain & simple.

One quick note to Ms. Derringer, I haven't found it previously on The Bridge, but has anyone given any though to writing about WHY we have these drug laws in the first place?

The history & rationale behind the marijuana laws themselves is an interesting read in government overreach and legal gymnastics.

Just a suggestion.

Bernadette
Sun, 07/09/2017 - 11:32am

Very well said. There is such hypocrisy in government, between the rich and poor and the most vulnerable of society. When did Michigan and America become so arrogant and heartless? When both state and federal governments became so out of balance politically.

As quoted from John Dalberg-Acton(1834-1902):
"Power tends to corrupt, and absolute power corrupts absolutely.
History is not a burden on the memory but an illumination of the soul.
The issue which has swept down the centuries and which will have to be fought sooner or later is the people versus the banks." Still true today!!

Dave Maj
Thu, 07/06/2017 - 7:16pm

Free Rick Wershe!! He's a juvenile lifer and a non-violent drug offender who has been locked up for over 29 years. Rick was arrested in 1987 doing what the authorities had previously encouraged and paid him to do. More info about Rick and his case: https://www.facebook.com/FreeRickWersheJr/

Dave Maj
Thu, 07/06/2017 - 7:17pm

"The very fact that Wershe is still incarcerated makes him a vestige of that era. Wershe was sentenced under arguably the most merciless drug statute ever conceived in the nation, Michigan’s so-called 650-Lifer Law, which, at the time, mandated a term of life without parole for possession of more than six hundred and fifty grams of cocaine or heroin. (Not even the Rockefeller laws ruled out parole for a one-time drug offense.) The Michigan statute was amended in 1998, to give judges some leeway and to retroactively allow for the possibility of parole. But, in Wershe’s time, the thinking that gave rise to the original law carried the day. Politicians did not know, of course, that the crime rate was going to decline dramatically in the decades ahead, and they were terrified of the opposite. Throwing away the key was the panic-button response.

The 650-Lifer Law has become a symbol of the worst excesses of the drug war and is widely regarded as a failure. The governor who signed it into law, William G. Milliken, a Republican, has since called it the worst mistake of his career.

Since the statute was rolled back in 1998, making those already serving time parole-eligible, nearly all have been released, leaving Wershe increasingly alone. (Johnny Curry, for his part, was sentenced the same year as Wershe, but in federal court; he was freed eighteen years ago.) A movement away from brutal sentences and mandatory minimums, especially for drug offenses, has gained real traction, on both the left and the right. The Michigan Department of Corrections now touts its recent record of reducing the inmate population (despite the “perverse incentive,” as Gautz put it to me, that success means laying off your own staff). Wershe’s backers have reason to hope that he will finally be granted parole when the board announces its decision, next month." read more: http://www.newyorker.com/news/news-desk/white-boy-ricks-parole-hearing-a...

Chris
Fri, 07/07/2017 - 11:28am

Nice article. The thing that the pro war on drugs camp never seem to acknowledge is that the war itself has tremendous negative consequences for society including, but not limited to, increased incarceration costs, tearing apart families leading to an increase in single parent homes and a decrease in the numbers of fathers in their children's lives, saddling people with convictions for minor drug crimes making it harder for them to earn an honest living and pay taxes FOR LIFE, and the creation of a thriving underground/black market that inevitably results in violence to settle disagreements.

No question drug use and abuse has the potential for terrible effects as well, and we should be doing everything we can to reduce and eliminate drug abuse, but there is absolutely no evidence that the criminal justice system has had ANY effect on drug usage, availability, or pricing. In fact, despite decades of huge growth in incarceration for non-violent drug offenses, drugs are now MORE available then ever. They are stronger. They are cheaper. The black market and organized crime organizations are making more money than ever, which they use to fund their violence.

In other words, the tough on crime/war on drugs mentality has provided absolutely NO positive return on investment, yet has heaped its own negative consequences ON TOP OF the inherent dangers of drug use and abuse. It hasn't, in any way, made of safer from drug use and abuse, but has in fact created a MORE dangerous, costly and hopeless world.

Bernadette
Sun, 07/09/2017 - 11:40am

Great comment.

The question we need to ask is why do people take drugs in the first place. Why is there so much addiction? The stress levels of Americans today is the highest it has been in a century. This had led to high healthcare costs as well as high incarceration costs.

Jeff Session wants things to go backwards to his hey day. As our nation continues to evolve, the current administration is irrelevant. Each state is on it's own. I am not okay with the United States stepping back as a world leader.

Paul Jordan
Sun, 07/09/2017 - 7:29am

One of the best guides that I know to discovering a longstanding policy's intent is to look at its effects in the real world. Are the effects consistent with the stated rationale for the policy, or not?
Mandatory minimums with maximum charges were instituted with the stated intent of reducing crime. They demonstrably did not do so, yet Jeff Sessions & Co. want to reinstitute these. Why, if they don't reduce crime? What do these harsh policies actually accomplish?
They result in socially disabling great numbers of African American (and Hispanic American) men. They work to destroy their families, demoralize and economically disable African American men and families, and (in many states) reduce their political power by denying them the vote.
They don't reduce crime, but we can easily see that they do have a negative disparate effect on African American men and families. Logically, regardless of any stated rationale, these policies real purpose is to keep African American and Hispanic citizens from socially, economically, and politically competing with European Americans.

Martin Reisig
Sun, 07/09/2017 - 4:19pm

The otherwise excellent article includes that "In Michigan, the most recent available data, from 2015, reports that about one-third of the state’s 10,000 prison inmates are incarcerated on drug charges. " Is this a mistake as I thought the number of Michigan inmates was over 40,000. Over the years I have been appellate defender, federal defender, federal prosecutor and later involved with treatment courts. My only observation is that Michigan went off the deep end with mandatory sentencing . In 1970 Michigan had around 6,000 inmates. The rise in the use of prisons and long sentences in particular has been a huge waste of our resources. Roads, education and rehabilitative efforts have all suffered from the misguided "war on drugs."

Nancy Derringer
Mon, 07/10/2017 - 9:22am

Mr. Reisig, 

You are correct. It's been fixed. Mea culpa. 

N. 

Michigan Observer
Sun, 07/09/2017 - 4:24pm

There is little doubt that the war on drugs has been a huge, catastrophic mistake, but it should be noted that the Black Congressional Caucus was a strong advocate for strong penalties for trafficking in crack cocaine, which they viewed as extremely destructive of the black community.

David Majkowski
Tue, 07/11/2017 - 1:09am

Free Rick Wershe!! More info:
https://www.facebook.com/FreeRickWersheJr/
https://magazine.atavist.com/white-boy-rick
http://www.thedimedroppers.com/2015/09/a-media-smear-that-has-lasted-nea...

"The very fact that Wershe is still incarcerated makes him a vestige of that era. Wershe was sentenced under arguably the most merciless drug statute ever conceived in the nation, Michigan’s so-called 650-Lifer Law, which, at the time, mandated a term of life without parole for possession of more than six hundred and fifty grams of cocaine or heroin. (Not even the Rockefeller laws ruled out parole for a one-time drug offense.) The Michigan statute was amended in 1998, to give judges some leeway and to retroactively allow for the possibility of parole. But, in Wershe’s time, the thinking that gave rise to the original law carried the day. Politicians did not know, of course, that the crime rate was going to decline dramatically in the decades ahead, and they were terrified of the opposite. Throwing away the key was the panic-button response.

The 650-Lifer Law has become a symbol of the worst excesses of the drug war and is widely regarded as a failure. The governor who signed it into law, William G. Milliken, a Republican, has since called it the worst mistake of his career.

Since the statute was rolled back in 1998, making those already serving time parole-eligible, nearly all have been released, leaving Wershe increasingly alone. (Johnny Curry, for his part, was sentenced the same year as Wershe, but in federal court; he was freed eighteen years ago.) A movement away from brutal sentences and mandatory minimums, especially for drug offenses, has gained real traction, on both the left and the right. The Michigan Department of Corrections now touts its recent record of reducing the inmate population (despite the “perverse incentive,” as Gautz put it to me, that success means laying off your own staff). Wershe’s backers have reason to hope that he will finally be granted parole when the board announces its decision, next month." read more: http://www.newyorker.com/news/news-desk/white-boy-ricks-parole-hearing-a...

David L Richards
Wed, 07/12/2017 - 5:03pm

Yup, renewing a policy that has failed for fifty plus years sure makes sense to me.

Briangroor
Sat, 11/11/2017 - 3:59am

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