Drug Policy Reform Work
Mission Statement
The ACLU of Florida Drug Policy Reform Project seeks to end punitive drug policies that cause the widespread violation of constitutional and human rights, as well as unprecedented levels of incarceration. It is important to note that issues of racial justice permeate virtually every aspect of issues related to drug policy and vice versa. America's failed "war on drugs" has done nothing to reduce drug abuse, despite massive spending on law enforcement; it has simply become a war on the American people.
Project Priorities
One of the project's primary priorities during this early phase is to do the research necessary to determine the public policy reform goals that are both reasonably feasible over the short term, and that would have the highest positive impact. To that end, we are currently working with the National ACLU Drug Law Reform Project to conduct important research. We are also conducting informal focus groups in the community and are meeting with persons very familiar with current drug policies and practices (public defenders, prosecutors, etc.), in order to gather more information. However, a few of the project priorities on which we are already working include:
Ending mandatory minimums.
Decrease incarceration of people of color for drug crimes. Asking legislators to commission a study on the costs associated with mandatory minimums. The goal is to begin a dialogue with state legislators in order to lay the groundwork for introducing specific legislation in a future legislative session, and to perhaps gain some momentum on the need for further research into the impact of these policies in Florida.
Increase treatment options as alternatives to incarceration.
The goal is to secure a study on the costs that could be saved by treatment options. We will also explore whether we can bring back substance abuse as a statutory mitigating factor in determining whether one is diverted to treatment rather than sentenced to time behind bars. Florida law used to permit this as a mitigating factor, but no longer does. Expanded use of drug courts may be another alternative to consider.
Diminish and ultimately eliminate the impact of non-incarceration penalties that result from drug arrests and convictions.
- Increasing eligibility to seal and expunge the criminal record. As part of our work to end felony disfranchisement, the ACLU has participated in workshops that include assistance with the application to seal/expunge the criminal record for those who qualify. However, the reality is that few people in Florida with a criminal record qualify to have it sealed or expunged. Even a misdemeanor conviction will make one ineligible, as will a "withhold of adjudication" on any of a long list of enumerated felony offenses. We will explore whether we can advocate for statutory changes that would increase eligibility to seal and expunge the criminal record.
- Ending the mandatory two-year driver's license suspension that all individuals receive for being adjudicated guilty of simple drug possession unrelated to the driving of a car. This "collateral consequence" of possession interferes with the ability of individuals to be law-abiding, productive members of the community, and can lead to felony convictions for driving with a suspended license.
Eliminating or reducing any Florida-specific higher education aid penalties.
At the federal level, a struggle is currently underway to repeal the Higher Education Act Aid Elimination Penalty. Depending on what our research uncovers, we may be able to advocate for the elimination of any Florida-specific penalties that students suffer related to aid for higher education.
WHAT YOU CAN DO
- Proactively seek out opportunities for opinion pieces, letters to the editor, and public comment on these issues (per ACLU-FL policies);
- Set up screenings of the Freedom File episode "Drug Wars" to raise public awareness of the drug policy reform issue;
- Seek out speaking engagements related to this issue. Contact Courtenay Strickland, Director of Public Policy, at cstrickland@aclufl.org for materials to help you prepare;
Participate in in-district lobby efforts; - Meet with members of local law enforcement in order to request that they begin collecting useful statistics -- whatever we need that does not already exist because no one is collecting it -- related to drug arrests. If you wish to do this, please contact Courtenay Strickland, Director of Public Policy, at cstrickland@aclufl.org, for more information on how to proceed.
