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.
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