Cannabis News Marijuana Policy Project
  Out of Jail and Out of Food
Posted by FoM on March 21, 2002 at 09:30:19 PT
By Herman Schwartz 
Source: New York Times 

justice After barely two minutes of debate, a floor amendment was added to the 1996 welfare law that denies food stamps and welfare (Temporary Aid to Needy Families) for life to anyone convicted of a drug felony. It is doubtful that the members of Congress realized a large part of this burden would fall on struggling women and their young children.

A study by the Sentencing Project, a research organization based in Washington, estimates that since the ban went into effect in 1996, 92,000 women have been convicted of drug offenses in the states enforcing it. Of these, about two-thirds are mothers, with 135,000 children among them.

Obviously, the only people hurt by this denial of benefits are the poor, which usually means a minor offender who is an addict and out of jail trying to make it. The big operators, the manufacturers and distributors of illegal drugs, don't need government benefits. And offenders in prison are being supported by the state.

States can opt out of this ban, but 42 still enforce it for at least some drug felons. The offender can do nothing to lift the ban, regardless of whether that person is only a minor or a first offender, in treatment or cured, sick or pregnant or supporting a family — and regardless of whether he or she lives a completely blameless life forever after.

Theoretically, the law denies these benefits only to the person convicted and not to the rest of the family, but this distinction is often meaningless. A single-parent family of three, for example, in which only the two children are entitled to food stamps, will obviously divide the food three ways. And when the mother cannot get welfare benefits she may not apply for them for others in the family.

Many of the women likely to be affected by this rule are among life's saddest victims. A study of 31 women in a drug treatment facility in Philadelphia found that almost all had been sexually assaulted by boyfriends, stepfathers, fathers and others. Many were physically sick — with diabetes, hypertension and sexually transmitted diseases — and many were mentally ill.

Ex-prisoners have always had a hard time getting jobs, and because of the recession and Sept. 11, it is now even harder. Few drug offenders have any community help or other supports, and because of their drug convictions they are often unable to get into public housing. Many become homeless.

Residential drug treatment centers are also hurt by this ban. They usually require those they treat to turn over their food stamps and other benefits; the centers use these to supplement their own resources.

The Senate has passed a repeal of the ban as an attachment to an authorization bill for the Justice Department. The House is not likely to follow suit: Chairman Bill Thomas of the Ways and Means Committee wants the issue debated as part of the welfare reform reauthorization coming later this year. Restoration of food stamps to some of the neediest Americans is too important to be tied up in legislative maneuvering. Members of Congress must get together and pass it.

Herman Schwartz, professor of constitutional law at American University, is chairman of the National Law Center on Homelessness and Poverty.

Source: New York Times (NY)
Author: Herman Schwartz
Published: March 21, 2002
Copyright: 2002 The New York Times Company
Contact: letters@nytimes.com
Website: http://www.nytimes.com/
Forum: http://forums.nytimes.com/comment/

Related Articles & Web Site:

The Sentencing Project
http://www.sentencingproject.org/

Seeking a Welfare Rule's Repeal
http://cannabisnews.com/news/thread12121.shtml

Incarceration Policies Eased, 2 Reports Say
http://cannabisnews.com/news/thread11946.shtml


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Comment #14 posted by JHarshaw on March 22, 2002 at 14:51:47 PT
DAN B
Thanx for the invitation. I'll be around.

[ Post Comment ]
 
Comment #13 posted by goneposthole on March 22, 2002 at 08:05:04 PT
Benjamin Franklin
"It is no shame to be poor, to be ashamed of it is."

[ Post Comment ]
 
Comment #12 posted by overtoke on March 22, 2002 at 04:03:55 PT:

You might not be able to...
Eat, or go to College or many other things if you've been convicted of a drug crime - but you can certainly be the president if you are a cokehead.

[ Post Comment ]
 
Comment #11 posted by Dan B on March 22, 2002 at 01:30:01 PT:

JHarshaw
Thanks for commenting here. It is good to see that those outside the U.S. see what many of us inside it also see.

The federal government has been corrupt for a long time now--in large part due to the war on some drugs. But never have we seen the country nosedive so drastically as it has since Bush II came to office. I strongly believe that the Bush administration's main goal is to trample the Constitution until either Bush or Cheney can take over as supreme dictator of the world. I mean it. These people in power now are completely driven by their insatiable lust for power. It sickens me to have to be a witness to the destruction they have caused and escalated during the past 14 months. I can only hope that America comes to its sense soon--before it is too late.

In other words, I hear you loud and clear. I respect your honesty, and I admire that you took the time to comment here. Please feel free to pop in and comment again any time.

Dan B

[ Post Comment ]

 
Comment #10 posted by Dan B on March 22, 2002 at 01:18:23 PT:

Tigress 58
I cannot imagine what you are going through, Tigress 58, and I wish I could do something. All I know to do is keep voting and keep telling the senators and congresspersons where to shove their war on people who don't have money (I hate the term "poor" for those who are living in poverty. It connotes that the poverty stricken are not good people--like they are less than everyone else, and it encourages the "blind eye" approach to poverty.) I can tell you that I know I have a paycheck until June, then I have no idea where my next dime is coming from, and my wife and I have far too many debts to make it on her salary alone. That's only a fraction of what you are going through, I know. In many ways, I am very lucky, but I know how quickly one's good fortune can end. What's worse, I have a Ph.D., yet still can't find a job (so much for education guaranteeing a good job!). It's aggravating. I've worked hard to succeed, and everything I own could be taken from me come July if I don't find a way to pay off our debts. No, I don't know what you are going through, but even the sliver of understanding that I do have is enough to encourage me to continue to fight for the rights of everyone. You have the right to live and raise your child in a healthy environment with nutritious food and good health care. I guess the only way we are going to get to a point where such is the norm is if we actively participate in driving the bad politicians (I'm being redundant) out by getting ourselves elected. So, wherever you live, you can count on at least my morale support if you do decide to run for office. I'm sure many here at C-News would concur. I've been thinking about running for office myself. Maybe it's time to throw my hat in the ring, too.

Dan B

[ Post Comment ]

 
Comment #9 posted by JHarshaw on March 21, 2002 at 20:07:35 PT
Musings
Night after night I sit here in front of my computer and read my way through newsgroup after newsgroup. I'm seeing one of the greatest countries in the history of the Earth tear itself apart over a "War" that should never have existed in the first place. I'm seeing the Police and other Government agencies using loopholes and lies to thwart the will of the people and promote private interests over the public good. I'm seeing draconian laws pass with little or no discussion and even less common sense. I am not an American. I live in northern Ontario in Canada, so I get all the American news programs and I try to keep track of major events. I have always had and continue to have the greatest respect and admiration for American ideals and the American People, but just now, your government is scaring me to death. God bless us all, because we will surely need all the help we can get.

[ Post Comment ]
 
Comment #8 posted by Tigress58 on March 21, 2002 at 15:53:02 PT
The U.S. Government Sucks ...
up my tax dollars, and expects me to continue paying. I'm homeless. I have a child. And there are NO drug charges on my record, NONE! I applied for aid, Food Program, Child Care Assistance, Housing Assistance, and have been flat out denied assistance. Why? Because I own a business, which has been severly hurt economically by the 911 incident. They expect me to close my doors and go find a real job. I have a job. I'm well educated, and I'm in college with a plan in place and nearly completed. My education is funded by a Pell Grant. I have been ordered to quit college.

I told the government to shove their blanket rule book as high as it will go with the points up. We'll rough it out. I owe the state $179.00 for taxes. Do you think I should pay them? They don't listen to me, why should I listen to them. I can't hear a word they say anymore.

Fact is, I climbed out of the gutter of menial labor, and did something with my life, and they are ordering me back into the gutter of menial labor. Now I'm mad, and am seriously thinking of getting into politics. I'm just getting started.

The state went after the father for child support and got a court order,however, fiend of the court refuses to enforce it. There's no child support here. The child support order is $38.00 per week - I call it poverty support. Poverty is where I'm at, poverty is where they want to keep me.

Mad As Hell!

[ Post Comment ]

 
Comment #7 posted by SirReal on March 21, 2002 at 14:37:10 PT
MEE TOO, I WANNA SEE IT!!!!
matricksboy@webtv.net

[ Post Comment ]
 
Comment #6 posted by Nicholas Thimmesch on March 21, 2002 at 12:12:04 PT:

Names of those 80 Members of Congress?
Not that I question, but could goneposthole e-mail normlmedia@earthlink.net with info/names of those 80 Members of COngress? I'd love to see it: Nicholas Thimmesch

[ Post Comment ]
 
Comment #5 posted by MikeEEEEE on March 21, 2002 at 12:01:59 PT
Long standing prejudices hurt us all
The drug war was always about prejudice. If they have their way any low income drug user (except for alcohol and cigarette users) would not have any food or education -- excluded from the basic rights of living. These rules are really aimed at the poor, rich policy makers will never need food stamps and could afford to send their drug taking kids to school.

[ Post Comment ]
 
Comment #4 posted by qqqq on March 21, 2002 at 11:50:35 PT
...well..
..it's about time...no wonder we're running short on funding for defense!...the greedy foodstamp freeloaders have been sucking the taxpayers dry!...maybe now,,after we trim these parasites out of the budget,,we will have enough to improve the TV ads for the military and anti-drug movement!

[ Post Comment ]
 
Comment #3 posted by null on March 21, 2002 at 11:47:45 PT
sneaky
This measure is part of a long-standing trend: Encouraging the middle class to blame society's problems on the poor and disenfranchised while diverting attention from the rich oligarchy.

Factory managers used to do similar: They'd pit the blacks against the hispanics in order to keep them from organizing into a cohesive union.

I would think this law could easily be struck down under a "cruel and unusual" challenge. Essentially, this law gives people a life sentence. Of course, it takes money to mount such challenges which is why this law will be so vicious - it attacks the poor.

[ Post Comment ]

 
Comment #2 posted by DdC on March 21, 2002 at 10:46:21 PT
Rapist, Murderers & Welfare Fraud Exempt!
Food Stamps Become a Weapon in the War on Drugs
http://www.cannabisnews.com/news/thread9965.shtml
Gramcracker
http://boards.marihemp.com/boards/politics/media/36/36958.gif


[ Post Comment ]
 
Comment #1 posted by goneposthole on March 21, 2002 at 10:00:22 PT
Congress
How about the 84 members (former?) of congress who have been convicted of drug felonies, will they be denied their pensions, let alone food stamps? Will they be 'marginalized', deemed terrorists? Will they be 'compassionately coerced' into drug treatment programs?

A sick joke, this drug war. It's not funny at all.

[ Post Comment ]


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