Pubdate: Wed, 26 Dec 2007
Source: Seattle Post-Intelligencer (WA)
Copyright: 2007 Seattle Post-Intelligencer
Contact:  http://seattlepi.nwsource.com/
Details: http://www.mapinc.org/media/408
Author: Jim Doherty, Guest Columnist
Note: Jim Doherty of Shoreline is a member of and speaker for Law 
Enforcement Against Prohibition; leap.cc.
Bookmark: http://www.mapinc.org/find?244 (Sentencing - United States)
Bookmark: http://www.mapinc.org/topic/Sentencing+Commission
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Bookmark: http://www.mapinc.org/topic/crack+cocaine
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

TREAT DRUG ABUSE AS SOCIAL, HEALTH ISSUE

On Dec. 10, the U.S. Supreme Court gave judges some discretion in 
sentencing for crack cocaine offenses. One day later, the U.S. 
Sentencing Commission, intending to narrow the stark disparity 
between sentences for crack versus powder cocaine, revised sentencing 
guidelines in order to make them retroactive.

Why should anyone care about a bunch of drug users -- crack users at 
that -- who might receive two years off their sentences? It matters 
because of the racial inequities in our system.

It takes the possession of 500 grams of powder cocaine (picture more 
than two cups full) to earn a five-year prison sentence. It takes 
only 5 grams of crack cocaine (picture half a teaspoon) to earn a 
five-year sentence. It is much easier for crack cocaine users to be 
sentenced to five years of prison. In fact, 85 percent of all federal 
prisoners in custody for crack cocaine are African American, and the 
overwhelming majority of them are there for the nonviolent offense of 
simple drug possession.

Because of the war on drugs, the U.S. incarcerates 4,800 black males 
per 100,000 population. In South Africa during apartheid only 850 
black males per 100,000 were incarcerated.

The war on drugs is a failed, racist policy. I don't make these 
claims lightly. As a former public defender and prosecutor, I believe 
drug prohibition mirrors alcohol prohibition, another failed policy 
from our past. And it creates the same death, disease, crime and corruption.

There is an obvious demand for drugs and when we prohibited them, we 
created the black market, which has one objective: Sell as much 
product as possible, for the highest price possible. Now the 
international drug cartels, and those who peddle drugs of unknown 
purity on our streets, have an endless stream of revenue. If drugs 
were regulated we could at least insure their purity (lessening the 
number of overdoses), make it harder for minors to obtain them, and 
possibly even raise revenue by taxing drug sales.

We need to be treating drug use and abuse as a social and health 
issue just as we do our two most dangerous drugs, alcohol and 
tobacco. We need to legalize and then strictly regulate all drugs, 
which will put modern-day Al Capones out of business. We need to end 
this racist policy of mandatory minimum sentences, which saddles our 
judges with these sentencing disparities. Then let us stop 
incarcerating our young people with sentences that are more damaging 
than the use of the drug itself.

If a person commits a crime while under the influence of drugs, they 
should be prosecuted in the same way as those who commit crimes while 
under the influence of alcohol. But mere possession or use of a drug 
should not be a criminal offense.

We need to honestly educate our children about the relative dangers 
of various drugs, and we need to provide counseling and medical care 
for those who develop drug use addictions. We treat alcohol addiction 
as a medical and social problem; why don't we treat drug addiction in 
the same way? Locking drug users up is no solution, is prohibitively 
expensive and just makes the situation worse.
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MAP posted-by: Richard Lake