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Reform Advances in the California Legislature

Wednesday, July 18, 2007

During the 2007 legislative session in California, DPA has focused on reducing the harms of the drug war by advocating for more than 50 bills that have implications for public health and criminal justice in the context of drug policy.  Some policy changes contribute to efforts to improve and preserve the lives of people who use drugs and their families.  Other changes would serve to diminish the discriminatory practices of the drug war, both through sentencing practices and barriers to re-entry for ex-offenders. The bills DPA is working on include:

Expanding Sterile Syringe Access (HIV and Hepatitis C Prevention)
 
AB 110, authored by Assemblymember John Laird (D-Santa Cruz) and co-sponsored by DPA, would allow local governments to use HIV prevention funds for syringe exchange programs. Syringe exchange programs play a pivotal role in reducing the spread of disease without raising rates of drug use. AB 110 was approved by the Assembly and is currently in the Senate.
 
Preventing Fatal Overdoses:
 
Home Drug Test Kit - SB 767, authored by Senator Mark Ridley-Thomas (D-Compton), would help to protect doctors who prescribe medication to reverse the effects of heroin overdose. Death from opioid overdose is easily preventable through use of naloxone, an opiate antagonist that reverses the respiratory failure that usually causes overdose deaths.  By providing training and access to this medication, overdose prevention and treatment programs have enabled bystanders to save lives when someone overdoses. SB 767 was approved by the Senate without a single “no” vote and is currently before the Assembly.
 
Fortifying Medical Marijuana in State Law:
 
SB 529, authored by Senator Carole Migden (D-San Francisco), in conjunction with DPA, California NORML, Americans for Safe Access and the Marijuana Policy Project, would require medical cannabis dispensaries engaging in retail sales to patients and care providers to submit sales taxes. Many medical cannabis dispensary owners are already paying sales taxes, and SB 529 would bring needed uniformity and guidance to the existing obligations of dispensaries under state tax law.
 
Removing Discriminatory Barriers to Family Assistance:
 
AB 508, authored by Assemblymember Sandré Swanson (D-Oakland), would eliminate barriers to the lifetime ban on food stamps for people with prior drug-related convictions.  Those who have entered the criminal justice system because of substance abuse or addiction should have access to needed assistance to facilitate their reentry and reintegration into society. AB 508 was approved by the Assembly and is currently before the Senate.
 
Correcting California’s Crack/Powder Cocaine Sentencing Disparity:
 
AB 337, authored by Assemblymember Mervyn Dymally (D-Los Angeles) and sponsored by DPA, would provide identical penalties for crimes involving both powder and crack cocaine. Right now, sentences for crimes involving crack cocaine are much higher, even though research has established no difference in physiological or psychoactive effects between cocaine base (crack) and powder cocaine. The current disparity has a disproportionate impact on California’s African-American community. AB 337 failed passage in the Assembly Committee on Public Safety, but is eligible to be heard again in 2008.
 
Rejecting the “Incarcerate First” Political Calculus:
 
Home Drug Test Kit - DPA has been actively opposing legislation that criminalizes, or increases existing criminal penalties for, drug possession.  Several such bills have failed passage this year thanks to our efforts, including legislation to make Salvia Divinorum a Schedule I drug, bills to increase the penalty for possession or possession for sale of methamphetamine, and bills to restrict licensing of treatment or sober living facilities.

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