FAIRER DRUG SENTENCING

Last week, the General Assembly came a step closer to bringing some parity
to drug sentencing in the state. A bill to equalize penalties for
possession of crack and powder cocaine, passed in the Senate last month,
now is making its way through the House.

Currently, a first-time conviction for possessing crack is a felony that
carries a five-year prison sentence and a $5,000 fine. But a first-time
conviction for possessing powder cocaine is only a misdemeanor and carries
a two-year prison sentence and $5,000 fine.

The bill would reduce the punishment for those convicted of possessing
crack and increase slightly the prison sentences for those convicted of
having powder cocaine. A first-time offender would be charged with a
misdemeanor, which carries up to three years in prison and a fine of up to
$5,000.

The bill also includes penalties for possession of 12 grams or more of
pseudoephedrine, a cold medicine that can be use to make methamphetamine.

Because of the culture of drug use, the disparity in sentencing often
divides along racial lines. The preponderance of arrests and prosecutions
nationwide on crack offenses involve black defendants, while powder cocaine
offenses occurred more frequently among whites.

The result, intended or not, is that whites often face a much smaller jail
sentence than blacks for abusing what amounts to the same substance in
different forms. This bill should correct that disparity to a large extent,
helping to ensure that defendants get equal treatment under the law
whatever their race.

The goal, we would hope, is not to fill the prisons with more first-time
drug offenders but to help direct those caught with drugs to a more useful
life.

Drug courts, such as those in York County, offer supervised treatment
programs as an alternative to prison. These courts have a lower rate of
recidivism and a higher rate of helping drug abusers kick their habits and
become productive citizens. Programs such as this should be part of the
state's front line in addressing the drug problem.

But equity in sentencing is essential to creating a foundation of fairness
in the system. We hope House members approve this crucial change.