cannabisnews.com: The Week Online with DRCNet Issue #177





The Week Online with DRCNet Issue #177
Posted by FoM on March 17, 2001 at 07:25:21 PT
Pataki Package Would Increase Marijuana Penalties
Source: DRCNet
Efforts to amend the "Rockefeller laws," New York's draconian drug sentences, are coming to a head as the state legislature prepares to deal with opposing plans offered by Republican Gov. George Pataki and Democratic State Assembly Speaker Sheldon Silver. Both proposals are a curious mix of sentencing reductions, mandatory treatment programs, and tough-on-crime rhetoric designed to ensure that Empire State politicians can soften some of the Rockefeller laws' harsh aspects while not appearing "soft on drugs." 
While the conventional wisdom is that some changes to the Rockefeller laws are possible this year, New York drug reformers are increasingly skeptical about the nature of any changes and some are beginning to prepare a long-term strategy for repeal, not mere reform, of the Rockefeller laws. "The Assembly's proposal, especially in comparison to the governor's, is a major step on the path to significant reform," said Robert Gangi of the Correctional Association of New York -- http://www.corrassoc.org -- "but it's still well short of the mark. It is important that any changes aren't cosmetic or a step backward," he told DRCNet. "We don't want and won't support a bill that is dressed up as reform, but essentially maintains the status quo." Nicolas Eyle of ReconsiDer -- http://www.reconsider.org -- a New York-based citizen drug reform group, also remains skeptical. "Pataki's proposal was pretty poor from the beginning," Eyle told DRCNet, "and the Democratic proposal, while better, is frankly disappointing." "There is an increasingly important issue here for drug reformers," said Eyle, "and that is the issue of incrementalism versus going for the brass ring. A lot of people are delighted to get whatever crumbs they can, but my rule of thumb is that if the legislation doesn't require a paradigm shift, then I'm not supporting it. Legalization would be a paradigm shift, medical marijuana is a paradigm shift, tinkering with sentences or forcing people into treatment is not." Randy Credico of the William Moses Kunstler Fund for Racial Justice -- http://www.kunstler.org -- sees little of value in either proposal. "They both suck," he told DRCNet. "I want to end the war, not have it continue as a Cold War. People have to create a tough opposition to these proposals, or we'll end up with a bad reform. I'm willing to wait another year and mobilize for real reform." The increasingly skeptical views of drug reformers come as both Gov. Pataki and the Democratic majority in the Assembly are finally providing detailed proposals. "The devil is in the details," Gangi told DRCNet. The detailed bill that Gov. Pataki released last week would seem to indicate that the oscillating governor has swung back toward the camp of state prosecutors, who bitterly oppose any reforms that would reduce their power. While still attempting to wear the reformer's cap by calling for some sentencing reductions, the governor would also end parole for drug offenders, increase some penalties for major traffickers, and dramatically increase prison sentences for possession or sale of large amounts (more than 20 pounds or sale of more than two pounds) of marijuana, and would increase penalties for those arrested on drug charges in public parks. Visit -- http://www.drcnet.org/wol/167.html#pataki -- for our coverage of the governor's initial remarks announcing his intention to introduce a reform package.The Democratic proposal goes considerably further than Pataki's, extending sentencing discretion to Class B felons, who make up the majority of people charged with drug crimes, providing for expanded mandatory treatment programs, and doubling the amount of drugs necessary to qualify for Class A felonies, with their harsh, mandatory sentences. The Assembly's sentencing changes would: Increase possession thresholds required to meet the most serious Class A-I and A-II felony sentences. This change would not be applicable to major drug offenders; Increase penalties for major drug traffickers from 15-25 years to life to 15-30 years to life; Increase the sentences for adult offenders who sell or attempt to sell drugs over the Internet; Reduce mandatory sentences for most class A-I felons who are not major drug traffickers who currently are subject to mandatory life terms. Courts would retain the discretion, however, to impose the current higher minimums and maximum life sentences, even for persons who are not major traffickers. Offenders with a prior violent felony conviction would not receive any sentencing reduction; Allow a limited group of eligible inmates to petition the sentencing court to have their sentences adjusted to reflect sentencing under the plan; and Allow Class A-I convicted felons with no violent felony conviction to be sentenced alternatively, with the consent of the prosecutor, as Class B felony offenders. For nonviolent, lower-level drug offenders, the Assembly plan would reduce the minimum sentencing requirements but would keep maximum sentences unchanged. The Assembly's press release detailing the proposal and background materials are available online at: http://assembly.state.ny.us/Press/2001/20010314/ & http://assembly.state.ny.us/reports/drugreform/ respectively."This situation here is a real mess," Eyle told DRCNet. "I'm afraid that they're going to pass some of these changes and then if we try in the future to get a better bill, they'll say, 'we already addressed that.' Passing half-way reform measures will only hurt efforts for real reform." "If the Democratic bill passed in its entirety, that would be an improvement, whereas Pataki's changes would only make an infinitesimal difference," said Eyle. "But I don't think the Assembly bill will pass as is." The Kunstler Fund's Credico is ready to take it to the streets again, as he has repeatedly with demonstrations at the statehouse and at the offices of prosecutors opposing any reforms. "This is not reform, this is unacceptable," he told DRCNet. "We're calling for a massive demonstration in front of Pataki's New York City office on May 8th. If we can't get a decent bill, it will be time for continued activism and civil disobedience. We'll start pushing for jury nullification, we'll urge Legal Aid to end plea bargaining. We could bring this system to its knees." "And that Pataki wants to throw people in prison for marijuana is outrageous," fumed Credico. Those people aren't hurting anybody. Leave them alone." Gangi, if a little more sanguine than Credico, was no more pleased with the proposals. "The battle has been joined, the lines have been drawn," he said. "Our coalition, the Drop the Rock Campaign, will fight to abolish the Rockefeller laws, restore judicial discretion in all drug cases, and to establish the retroactivity principle, where inmates can petition for review of their sentences." "We need repeal. If it isn't repeal, we aren't supporting it." Complete Title: Drug Reform Battle Heats Up in New York: Pataki Package Would Increase Marijuana Penalties, Democrats Offer Alternative Bills, Activists Don't Like Either VersionThe Week Online with DRCNet Issue #177http://www.drcnet.org/wol/CannabisNews Articles - DRCNethttp://cannabisnews.com/thcgi/search.pl?K=DRCNet
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Comment #2 posted by genna on March 17, 2001 at 09:48:33 PT:
war on drugs, marijuana
  They, the Law has lost the fight to controll the drugs. You can see them drugs all day long no matter who you are they are here on the streets. It used to be marijuana the top dog now its extacy. Extacy is now taken by more people, that it overrides marijuana as the no1 drug of choice, and sought after. We need to decriminalize, and revamp our drug laws and treatment centers,Our jails are overfilled and prisons are built one after another. To most, its the goverment thats the biggest waste of our money, who have we really helped or hurt, on the mission to controll what one does for self indulgence? you do have a choice to use or not to use for your personnel self, We need to free our courts of petty charges, decriminalize marijuana ............only then will we have controll on the war of drugs.....
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Comment #1 posted by FoM on March 17, 2001 at 08:42:11 PT
Just a Note
Hi Everyone, I've been looking for news and just can't seem to find any today. When I do I'll get more articles posted. It always seems to be slow on the weekends.
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