REFORM STATE DRUG LAWS NOW

State lawmakers are approving bills fast and furious this last week of
session -- but changes to New York's insidious drug laws might be
neglected. That would be a mistake. For years, legislators and the
governor have talked about this problem, how thousands of inmates are
senselessly locked up in prisons at considerable cost to taxpayers
when those inmates would be better served in drug treatment programs.

Lots of talk, but no resolution. And there are plenty of good
proposals out there.

State prosecutors criticize a plan from the state Assembly's
Democratic leadership as too lenient on drug offenders and possibly
dangerous to the public, alleging some violent criminals could be
eligible for treatment programs.

But prosecutors aren't to blame for the legislative impasse. Their
views have been well known for years, their actions predictable.
Rather, it's state lawmakers who have listened, ad nauseam, to the
different sides of the drug law debate, and have done nothing to make
sensible changes.

Besides, prosecutors are less critical of a proposal offered by
Republican Gov. George Pataki. Like the Assembly Democrats, the
governor wants to reduce some mandatory sentences outright, an
excellent idea. Under current drug laws, possessing four ounces of
cocaine can get someone the same penalty given to murderers -- 15
years to life in prison. That's out of perspective when judges aren't
even allowed to consider compelling circumstances, such as whether a
person is a first-time or repeat offender. Prosecutors do oppose,
wrongly, Pataki's wish to give judges more leeway in sentencing.

Reform advocates are correct to object that the governor's plan would
continue to base sentences on the weight of the drugs sold or in
someone's possession when apprehended, rather than the actual role
that person played in a drug transaction. That means small-time drug
carriers could still get life in prison while drug kingpins, smart
enough to let others do the work for them, could continue to flout the
law. Still, Pataki's recommendations are the best chance for a compromise.

Since these drug laws were created, 51 prisons have been built, with
the number of prisoners ballooning from 12,500 to more than 70,000.
Republican lawmakers from upstate -- where most of the state's prisons
are located -- must resist the temptation to protect state prison jobs
by obstructing attempts to reduce inmate populations. And Democratic
lawmakers must realize reform efforts can only go so far at this time.

Instead, both state parties seem more bent on seizing credit, on
getting their version of a bill passed during an election year, than
on forging a productive compromise. That's unacceptable.

Lawmakers shouldn't leave Albany this week without agreeing to roll
back the drug laws.