Alphecca

HR 1528 -- Republican Insanity

As the Republicans continue to self-destruct and also continue the "war on drugs", along comes Wisconsin Congressman James Sensenbrenner who introduced a bill on April 6th that would impose mandatory federal sentences for even the most minor crimes. I heard about this tonight on the Rolley James show and actually dragged myself out of bed to blog about it.

It's called "Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005". Thomas.loc.gov moves things around a lot so do a search for HR 1528 here. Please read it. It drastically increases the penalties for violating the federal controlled-substances act.

Here's what could happen. A bunch of folks are at a party and someone 21-years-old passes a joint to a person under 18. Mandatory 10-years in federal prison, no parole. Second offense: Life in prison, no parole. (Mandatory 5 years if they are 18-20 years old.)

Here's another example. In a state where it is permitted, you have been perscribed medical marijuana. If you store or use it in a home where there is someone under 18, 5 years in jail. If you are the parent or guardian of that child, mandatory 10 years in jail.

Look folks, I'm not defending drugs and I have no axe to grind because to be honest, I don't do illegal drugs and I'm allergic to pot. But this is insane. What's more insane is that I did two searches on the web for HR1528 and there was nothing about the bill (the 2005 bill) under news and only two references to it on the web, at Rense.com and at Talk Left.

There is every possibility that this bill could become law. What the hell is happening to this country? Glenn Reynolds quoted an email he received yesterday that said:

"I grow more and more convinced the Republican majority will end itself by 2006 if the Left will just shut up for five minutes."

And didn't the Supreme Court recently rule that federal sentencing laws could only be "advisory"? I'm not a lawyer (but I play one on TV) so if you hit "more" I'll provide some examples from the bill. Keep in mind the bill is still undergoing revisions as it passes from committee to committee...

SEC. 2. PROTECTING CHILDREN FROM DRUG TRAFFICKERS.

(a) Distribution to Persons Under 21 Years of Age; First Offense- Section 418(a) of the Controlled Substances Act (21 U.S.C. 859(a)) is amended--

(1) by inserting `or section 406' after `401(a)(1)';

(2) by inserting `, or attempting or conspiring to do so,' after `twenty-one years of age';

(3) by striking `involving the same controlled substance and schedule' and inserting `without regard to the type of controlled substance and schedule'; and

(4) by inserting `Except to the extent a greater minimum sentence is otherwise provided by section 401(b) and regardless of any maximum term of imprisonment, a term of imprisonment under this subsection in a case involving distribution to a person under 18 years of age by a person 21 or more years of age shall be not less than 10 years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence.' after `not less than 1 year.'.

(b) Distribution to Persons Under 21 Years of Age; Second or Subsequent Offense- Section 418(b) of the Controlled Substances Act (21 U.S.C. 859(b)) is amended--

(1) by inserting `or section 406' after `401(a)(1)';

(2) by inserting `, or attempting or conspiring to do so,' after `twenty-one years of age';

(3) by striking `involving the same controlled substance and schedule' and inserting `without regard to the type of controlled substance and schedule';

(4) by inserting `or for a felony drug offense' after `May 1, 1971'; and

(5) by striking `not less than one year.' and inserting `not less than 10 years. Except to the extent a greater minimum sentence is otherwise provided by section 401(b) and regardless of any maximum term of imprisonment, a term of imprisonment under this subsection in a case involving distribution to person under 18 years of age by a person 21 or more years of age shall be a mandatory term of life imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence.'.