Kicking the Habit: Reforming Mandatory Minimums for Drug Crimes

Abstract Kicking the Habit: Reforming Mandatory Minimums for Drug Crimes Ashley Allen While mandatory minimum sentences apply to all drugs, in this paper, I primarily discuss them for marijuana, cocaine, and opiates since these drugs are the most commonly used. My paper will include an exploration of the reasons behind the implementation of mandatory minimum sentences, an analysis of the problems involved with enforcing them, and a discussion about the harms such enforcement has on communities. While mandatory minimums were introduced to prevent discrimination in sentencing as people of color often faced much harsher sentences, the minimums have not been a lasting solution; rather these sentencing techniques have become a major component of the problems communities face associated with drug use. They enforce negative stereotypes and cycles of drug use, do not promote rehabilitation, and unnecessarily burden the judicial and prison systems. I will discuss both successful and failed attempts to reform these laws, and finally offer possible solutions for rethinking mandatory minimum laws, including harm reduction, sentencing restructuring, and the reform of federal laws.