DON'T WAIT; FIX DRUG LAWS

State lawmakers seem willing to let another year go by without righting the
wrongs of New York's drug policies, and that is indefensible.

They know thousands of nonviolent convicts shouldn't be locked up for
decades, sometimes life, for possessing drugs.

They know many of these inmates should be in drug treatment programs, an
alternative that has the added benefit of saving taxpayers money.

They know the stories of people like Lance Marrow, who was given 15 years
to life after being convicted of criminal possession of a controlled
substance in the first degree. That occurred after a guest brought drugs
into Marrow's house and stored them there.

They know it's lunacy to lock up someone for 15 years to life for selling
two ounces of cocaine or possessing as little as four ounces of the
controlled substance. In some cases, rapists and murderers are doing less time.

They know the views of judges who have been dealing with cases like
Marrow's for decades, judges who have spoken out against these harsh
sentences. Retired New York City Supreme Court Judge Jerome Marks once
called the Rockefeller statutes "the most unjust law enacted in my time."

New York's chief judge, Judith Kaye, understands that. She correctly points
out that drug cases are flooding the court system, but she is powerless to
the make the necessary changes to stop it. Those changes must be done by
the Legislature.

An Anniversary Not Worth Celebrating

This year marks the 30th anniversary of the Rockefeller drug laws. It is an
appropriate time to review them and make modifications. While Gov. George
Pataki and the Republican leadership have put forth some reform ideas,
Democratic leaders say it's not enough.

A compromise is necessary. Sentences should be longer in some cases, and
shorter in others. For instance, penalties should be increased when a gun
is involved in drug transactions, but judges must be given more discretion
over drug cases. Right now, judges aren't allowed to consider whether a
person is a first-time or repeat offender. That makes no sense. Nonviolent,
first-time drug offenders should be removed from prison and placed in
less-expensive drug treatment programs. That would give these inmates a
better chance to turn their lives around.

Lawmakers headed off for a long summer break a couple weeks ago without
making these changes. They will have a chance to redeem themselves in the
fall. They shouldn't let another year go by without creating fair and
balanced drug laws -- and giving judges the flexibility to use their common
sense and expertise to impose proper sentences.