As Obama embarks on the third year of his second term, here are some of the ways in which Obama has begun to deliver on his promises of a more rational, less punitive approach to psychoactive substances. Obama's most significant drug policy accomplishment may be letting states go their own way on marijuana legalization. Even if our next president is a Republican drug warrior, he will have a hard time reversing that decision, especially given the GOP’s lip service to federalism.
The American Civil Liberties Union (ACLU) plans to stay on the sidelines of future pot legalization campaigns – already supported by groups plotting ballot campaigns in 2016 – and pour resources into fights for criminal justice reform. One model to replicate is California's Proposition 47, approved by 58 percent to lower penalties for drug possession and other nonviolent crimes. "We would love to be able to have ballot initiatives in a number of states that may look very similar to Proposition 47," says ACLU's Alison Holcomb . "Hopefully we will be able to find states where we can go further and say, ‘Let’s decriminalize the possession of drugs and let’s talk about what we can do to address drug use and abuse.’"
America’s four-decade war on drugs is responsible for many casualties, but the criminalization of marijuana has been perhaps the most destructive part of that war. The toll can be measured in dollars — billions of which are thrown away each year in the aggressive enforcement of pointless laws. It can be measured in years — whether wasted behind bars or stolen from a child who grows up fatherless. And it can be measured in lives — those damaged if not destroyed by the shockingly harsh consequences that can follow even the most minor offenses.
Many longtime supporters of drug courts have become dismayed by the extent to which the courts now reach into the lives of people whose only infraction was to light up a joint. More Americans are arrested for pot possession than any other drug offense, with more than 650,000 such arrests in 2012. Some pot users who might have simply faced a fine in the regular court system are instead getting moved into the drug-court system for months on end. They are often required to pay for expensive treatment programs and risk jail time if they break program rules along the way. (See also: Moving Away from Drug Courts)
Drug courts have spread across the country, yet available research does not support their continued expansion. Most drug courts do not reduce imprisonment, do not save money or improve public safety, and fail to help those struggling with drug problems. The drug court model must be corrected to play a more effective role in improving the wellbeing of people involved in the criminal justice system who suffer substance misuse problems – while preserving scarce public safety resources.