Pubdate: Wed, 18 Apr 2012 Source: San Francisco Chronicle (CA) Copyright: 2012 Hearst Communications Inc. Contact: http://www.sfgate.com/chronicle/submissions/#1 Website: http://www.sfgate.com/chronicle/ Details: http://www.mapinc.org/media/388 Author: Wyatt Buchanan BILL AIMS TO REDUCE PENALTIES FOR DRUGS Leno's Proposal Would End Felony Possession Charges Sacramento -- A San Francisco state senator believes California is ready for a significant change in how the state treats people arrested for possessing drugs and is proposing reducing criminal penalties, a shift he said may actually lead to a decrease in drug use. Sen. Mark Leno, D-San Francisco, has introduced a bill that would change the punishment for possession of any illicit drug from a felony to a misdemeanor. The bill, SB1506, won support from a legislative committee Tuesday and if enacted into law would make California the 14th state in the country to classify drug possession as a lesser crime. The federal government also classifies simple drug possession - including cocaine and heroin - as a misdemeanor. Simple drug possession means the substance is for personal use and is not intended to be sold. Leno predicts the change would have multiple impacts, including reducing government costs and improving public safety, but also noted a potential significant social impact. "How does that burden, which mostly affects young brown and black people, benefit any of us?" Leno said, noting a felony limits a person's ability to get a job, housing and college aid. The current system "perpetuates a chronic underclass," he said. A broad coalition of groups is backing the measure, including the California NAACP, a number of drug treatment advocacy organizations and other human rights groups. Leno pointed to statistics showing that on average, states that classify drug possession as a misdemeanor have higher rates of drug abuse treatment, lower rates of drug use and lower rates of violent and property crimes than states that classify possession as a felony. Voices against But major state law enforcement organizations are opposed to the bill, saying it could negatively impact public safety because drug users might not receive punishment or addiction treatment and would commit other crimes to get money to pay for drugs. "We think this is too far, too fast, and we think it's a public safety mistake," said Nick Warner, lobbyist for the California State Sheriffs' Association. Warner told the Senate Public Safety Committee that it was not a "knee-jerk" decision to oppose the bill, though, and that it prompted much discussion among sheriffs across the state. Representatives for police chiefs, narcotics officers and district attorneys also testified in opposition. Attorney General Kamala Harris has not taken a position on the bill. However, one prominent law enforcement official - San Francisco District Attorney George Gascon - testified in support. He said his three decades of law enforcement work have given him firsthand knowledge of the impact of drug use on communities. "I also know what works and what doesn't work," Gascon said. He added, "If we're really serious about public safety and serious about lowering recidivism, treatment is the way to go." Possession of up to an ounce of marijuana, about enough to fill a sandwich bag, already is an infraction akin to a speeding ticket, and prosecutors can decide whether methamphetamine possession will be charged as a felony or misdemeanor. The change in law would not apply to people who possess drugs with the intent to sell them, which would remain a felony. Cost savings Reducing simple possession to a misdemeanor also would generate significant savings for the state and counties by reducing the costs of prosecution, incarceration and probation. The Legislative Analyst's Office estimates that lessening the crime would result in annual savings of nearly $160 million for counties and just over $64 million for the state. It also would reduce the average daily state prison population by about 2,200 people and the average daily county jails population by 2,000 people. Leno said some of that savings could be directed to drug treatment programs and said he will modify the bill to do that. California already has a law in place, voter-approved Proposition 36 from 2000, that allows people convicted of simple possession to get treatment for drug use instead of going to prison, but the initial money for the program has run out and the state has not funded it further. Some Democrats on the committee expressed reservations about voting for the bill, but did support it after Leno said he would make changes regarding drug treatment. Both Republicans on the committee voted no, but Sen. Joel Anderson, R-Alpine (San Diego County), said he might change his stance once the bill was amended to address the treatment issues. Breeding criminals Civil rights groups who spoke in favor of the measure said that young people using drugs aren't criminals, but become so after incarceration. "We are not soft on crime," said Alice Huffman, president of the California NAACP, which believes that a disproportionate number of young African Americans and Latinos have been impacted by the felony designation. "We are interested in rescuing young people who need treatment." Leno said the bill is not an effort to begin the decriminalization of drugs, which he called a separate issue. But advocates for drug decriminalization said the bill could help. "I think it would be a step in the right direction in taking the issue of drug use out of the criminal justice system and migrating toward a health approach," said Theshia Naidoo, staff attorney for the Drug Policy Alliance, which is backing the bill. - --- MAP posted-by: Jay Bergstrom