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U.S. Supreme Court orders California to release over 30,000 prisoners

May 23, 2011

Brown v. Plata, California, Karen O'Keefe, marijuana, Marijuana Policy Project, overcrowding, prison, Tax and Regulate


Today, in a 5-4 ruling, the U.S. Supreme Court upheld a decision ordering California to reduce its state prison population by more than 30,000 prisoners. It found that as a result of overcrowding, the prisoners’ “medical and mental health care … has fallen short of minimum constitutional requirements ... .” Even after the prison population is reduced, California’s prisons could still be over 37% above capacity.
 
The dissent painted a picture of a public safety disaster if the inmates were released. But, in reality, California prisons are far more dangerous to some of these inmates than those inmates have ever been to society. As the court noted, “needless suffering and death have been the well documented result” of current conditions.
 
Outrageously, many prisoners are there for nothing more than growing or delivering a plant that has never caused a fatal overdose — marijuana. In California, cultivation of marijuana (other than under the medical marijuana law) is a felony punishable by up to three years in state prison.
 
For participating in the production or sale of a substance safer than alcohol, these non-violent marijuana offenders face possible death in prison. The Supreme Court quoted a lower court ruling that prisoners were needlessly dying every five to six days as a result of the conditions. For example, “A prisoner with severe abdominal pain died after a five-week delay in referral to a specialist; a prisoner with ‘constant and extreme’ chest pain died after an eight-hour delay in evaluation by a doctor; and a prisoner died of testicular cancer after a ‘failure of MDs to work up for cancer in a young man with 17 months of testicular pain.’”
 
The state of California will decide who will be released. But this decision should result in the release of all non-violent marijuana offenders who are in state prison. Unlike violent and property criminals, their crimes had no victims. Then again, if decisions on who to imprison and who to let free were in keeping with reason and morality, we wouldn’t see non-violent marijuana offenders sentenced to life while convicted child sex offenders walk free on probation