by BJW Nashe
Our criminal justice system in America is far from perfect. Sometimes it is flat-out insane. Arresting innocent people, convicting them of murder, and sending them to death row is about as bad as it gets. And we know this happens on occasion. Equally infuriating, perhaps, are the harsh prison sentences handed down for certain relatively minor, nonviolent crimes. This has been one of the ugliest features of both our disastrous War on Drugs and our mandatory sentencing policies during the past 30-40 years.
Consider the case of Jeff Mizanskey from Missouri. He has spent the past 20 years in prison, serving out a sentence that precludes any possibility of parole. He has been condemned to spend the rest of his life behind bars because of Missouri’s policy on mandatory sentencing requirements for “three strikes” offenders.
So what were Mizanskey’s crimes? Must be pretty serious stuff, right? Think again. Mizanskey did nothing worse than rack up three small-scale marijuana convictions — none of which involved weapons, violence, juveniles or other aggravating factors. His life sentence is the result of simply selling a few ounces of weed, and giving somebody a ride who — unbeknownst to Mizanskey — was on his way to pick up a quantity of marijuana. Mizanskey appealed his conviction in 1995, then again in 1997, and once more in 2011 — but to no avail. He’s stuck in the system.
Mizanskey’s son Chris, along with Missouri attorney Tony Nenninger, are asking Governor Jay Nixon to grant Jeff Mizanskey executive clemency and amend his prison sentence. Nenninger wrote a letter to the governor in late 2013 arguing for reason and sanity to prevail over the injustice perpetrated on his client:
“I am not aware of any other person in Missouri who is serving a life sentence for non-violent cannabis-only offenses. It is no secret that all recent major polls indicate over 50 percent of Americans, including Missourians, favor the complete legalization of adult use of marijuana. We are not asking you to commit to this new majority preference for cannabis legalization, but rather as Governor of Missouri to represent the current population’s modern socio-political trends to liberalize marijuana laws in considering the commutation of Jeff’s sentence.”
Governor Nixon has reportedly received more than 2000 clemency pleas during his term in office, and has only seen fit to grant clemency to one inmate in the Missouri prison system.
To muster public support for the clemency plea, Mizanskey’s son Chris has a petition up on Change.org. On the petition, Chris Mizanskey breaks down his Dad’s “criminal history” as follows:
“Dad’s first offense was in 1984 when he sold an ounce to an undercover informant, and then was found to possess a half pound of marijuana when police raided his house the next day. His next offense occurred in 1991, when he was caught in possession of a couple of ounces. But for my father’s final strike in 1993, he became an easy fall guy in a conspiracy to distribute marijuana. My dad was driving a friend to a deal that turned out to be a sting operation. All of the other convicted men involved were set free years ago, but my dad was given a virtual death sentence.
“My dad is, and always has been, a good man. He taught my brother and I all about construction and a good work ethic. He has never been violent and he is a model prisoner. And over the 20 years he has been in that little cell, he has watched as violent criminals, rapists, and murderers have “paid their debts” and left – sometimes just to return a few months later.
“My father is 61 years old, and has been in prison since he was 41. His parents – my grandparents – have since passed. While my dad has been trapped behind bars, generations of kids and grandkids have been born into our family who have never even met the man. The State of Missouri spends roughly $22,000/year to keep him locked up. Meanwhile all my dad wants to do is be a productive part of society, work and pay taxes, be with his family. And I want my dad back.
“Governor Jay Nixon is the only person who has the power to bring my dad home by granting clemency to Jeff and calling 20 years punishment enough. Please help us reach a just and reasonable end to his prison sentence by signing and sharing this petition.”
Jeff Mizanskey is not the only U.S. citizen currently facing life in prison for marijuana. LifeForPot.org has compiled a list of 21 convicts serving life sentences for non-violent marijuana-related crimes. Several individuals listed on this site — owned by Beth Curtis – are over the age of 60. John Knock has been behind bars since 1996, when he was convicted of a first-time pot offense in a Florida sting operation. Larry Duke is a decorated Vietnam veteran who’s serving life without parole for crimes strictly pertaining to marijuana. Rich Paul (no relation to Rand Paul) received an 81 year sentence for selling weed. Christopher Williams faces 82 to 85 years behind bars for providing medical marijuana to patients/customers. Patricia Spottedcrow, mother of four, was spared a life sentence, but she did get 12 years for selling $31 worth of pot.
The National Organization for Reform of Marijuana Laws (NORML) estimates there are approximately 100,000 people incarcerated for pot-only offenses. In 2013, the American Civil Liberties Union (ACLU) published a report analyzing marijuana arrest data from the FBI. The study found that in 2010, a person was arrested for a marijuana-related charge every 41 seconds. Between 2001 and 2010, there were 8.2 million marijuana arrests, “88 percent of which were for possession.” Marijuana arrests comprised 50 percent of all drug arrests in the U.S. in that same time period. States spent “a combined total of over $3.6 billion enforcing marijuana possession laws.”
Washington and Colorado are the first states to legalize marijuana. More Americans than ever before support legalization of herb, ganja, weed, pot, the chronic — or whatever name you choose to call it. Recent Gallup polls indicate that 58 percent of Americans are in favor of legalization.
In our current social context, to have people sent to prison for years — even decades — on marijuana charges is cruel and unjust. It is reefer madness.