DEFENDERS, CRITICS ASSESS DRUG LAWS IN ILLINOIS

FREEPORT - Although concerns have been raised about apparent
disparities in the way federal laws penalize crack cocaine crimes when
compared to those involving powder cocaine, Stephenson County State's
Attorney John Vogt said he does not see such a problem with the way
drug sentencing is handled in Illinois.

County Public Defender Glenn Schorsch, however, said there are
disparities in this state's drug laws. But such disparities are not
the same as what exists on the federal level, he said.

According to The Associated Press, U.S. District Judge Reggie B.
Walton on Tuesday told the U.S. Sentencing Commission that federal
laws requiring significantly longer sentences for crack cocaine than
for cocaine powder were "unconscionable" and helped foster the
perception in minority communities that the court system is unfair.

Under current federal law, trafficking in 5 grams of crack cocaine
carries a mandatory five-year prison sentence, but it takes 500 grams
of cocaine powder to warrant the same sentence, according to
information compiled by AP. The racial disparity comes into play
because crack tends to be more of an inner-city drug, while cocaine
powder is used more often in the suburbs, officials say.

Vogt said Illinois sentencing laws do not treat crack and powder
cocaine differently. The primary issue in this state is the total
amount of the illegal substance, and also whether the drug crime
occurred within 1,000 feet of a church, school, or similar protected
facility, Vogt said.

The crime of possessing less than 15 grams of cocaine in Illinois is a
Class 4 felony, which is probationable but can be punishable by 1 to 3
years in prison, Vogt said. Even so, most of the drug cases in this
county are not "straight possessions" but either possession with the
intent to deliver or the delivery of a controlled substance, both of
which are more serious crimes and penalized similarly, Vogt said.

Most local cases are delivery crimes because the arrest comes as a
result of the defendant attempting to sell the drug to an undercover
agent or informant, or because the sizable amount of the drug or other
paraphernalia that is involved indicate an intent to deliver, Vogt
said.

Delivery charges are generally Class 1 felonies, which are
probationable but punishable by 4 to 15 years in prison, Vogt said.
However, if the delivery crime is committed within 1,000 feet of a
protected facility, the charge is most commonly a Class X felony,
which is not probationable and is punishable by 6 to 30 years in
prison, Vogt said.

This state's drug laws are appropriately severe, Vogt said.

"The penalties are fairly severe for the quantities they have," Vogt
said.

Schorsch said he sees a disparity in Illinois drug laws because a
defendant can be convicted of intent to deliver cocaine even if there
is only the "smallest trace amount" of cocaine in the substance. Many
times with crack cocaine, the drug is "stepped on" - or blended with
other ingredients - and only contains a small amount of actual
cocaine. In other words, Schorsch said, the rest of the substance is
legal.

"If someone has 50 grams of cocaine on the state level, maybe only 2
to 5 percent of that substance is actually cocaine," Schorsch said.
"The remainder is the cutting agent. (However), they're being punished
for the total weight of the substance."

For example, Schorsch said a defendant could have a pound of baby
powder with only a small amount of cocaine mixed into it, but still be
charged for the entire weight of the substance. This is "grossly
unfair," Schorsch said.

In addition, Schorsch said there does seem to be a racial element to
the way drug crimes are prosecuted in this state.

"Unfortunately, based on the number of charges on a statewide level,
it appears that more minorities are charged with violations of the
Illinois Controlled Substance Act as it relates to cocaine," Schorsch
said. "It could be that that is where the street gangs are (obtaining)
much of their income from. It could also be that crack cocaine as a
drug is relatively inexpensive and, therefore, more readily available
to those who are financially stressed."