DRUG LAW REVIEW AN IMPORTANT STEP

As Alabama wrestles with the multi-faceted problems of its prison system,
one factor that has to be part of the long-term strategy is sentencing
reform. At its simplest, it is a question of which offenders the state
sends to prison and why and for how long.

The commission that has been reviewing Alabama's sentencing structure has
raised important issues about drug possession laws. A state with prisons as
severely overcrowded as Alabama's and facing the kind of financial crunch
Alabama faces has to ask itself what beneficial public purpose is served by
putting people in prison for marijuana possession.

Note that we're not talking about drug traffickers and dealers here.
They're treated severely under the law, and there's a good case to be made
for doing so. But drug possession arguably is not the sort of offense that
is wisely punished by incarceration.

In Alabama, the first offense of marijuana possession is a misdemeanor.
After that, possession is a felony, regardless of the amount involved.

The Alabama Sentencing Commission says about 1,000 people are convicted of
felony possession each year and about 40 percent of those go to prison.

What does that accomplish? Not much. Is the safety of law-abiding
Alabamians notably enhanced by sending someone to prison for marijuana
possession? Clearly not. Is the individual with a drug problem helped by
going to prison? That's debatable.

Is there some deterrent effect in this aspect of the law? There's little
evidence of that. "If the deterrent factor would work, would we have as
much drug use as we have in this country? Doesn't everybody know how tough
the drug laws are in this country?" said Jefferson County District Judge
Pete Johnson, who serves on the sentencing commission. Good questions, your
honor.

Most other states do not make personal-use marijuana possession a felony.
Perhaps they see doing so as pointless and even counterproductive.

In some states, a conviction for this offense brings mandatory drug
treatment, which makes a lot more sense than prison in marijuana possession
cases. Drug treatment isn't free, of course, but it is vastly less
expensive than incarceration and more likely to produce a lasting benefit.

As the sentencing commission works on recommendations for revision, the
marijuana possession statute should be a leading target.