FAIRNESS IN DRUG SENTENCING

The National Institute of Drug Abuse estimates that while 12 percent of
drug users are black, they make up nearly 50 percent of all drug possession
cases nationwide. Many factors contribute to that imbalance, but one
significant reason is the disparity in sentencing for crack cocaine
offenses compared to powder cocaine offenses.

Last week, state lawmakers took a long overdue step toward bringing some
parity to drug sentencing. Heavy sentences for crack possession and dealing
would be lightened to match penalties for cocaine offenses under a bill
adopted by the Senate. The measure was part of a compromise on a House
truth-in-sentencing bill that won support of black senators.

The preponderance of arrests and prosecutions nationwide on crack offenses
involve black defendants. But unlike convictions for powder cocaine and
other drugs used more frequently by whites, a conviction for crack cocaine
often carries a lengthy jail sentence.

In South Carolina, a first offense for possession of less than a gram of
crack cocaine is considered a felony and brings up to five years in prison
and a $5,000 fine. By contrast, a first offense for possession of the same
amount of powder cocaine is a misdemeanor with no more than two years in
prison and a $5,000 fine. The bill approved last week would lessen the
sentence for crack cocaine to that for powder cocaine.

Some lawmakers had pushed for increasing the penalties for powder cocaine
rather than lessening the penalties for crack cocaine. But that proposal
was quickly dismissed by the majority.

Lawmakers apparently recognize a five-year sentence for possession of less
than a gram of cocaine as a draconian punishment. And as a practical
matter, this is not the time to adopt sentencing laws that almost certainly
would increase the state's prison population and lengthen the average stay
for drug offenders.

About 21 percent of the people in prisons around the state are there for
serious drug offenses, according to the Department of Correction. Among
black men and women, more than 27 percent are in prison on "dangerous drug"
offenses, although officials can't say how many of them are in prison on
crack convictions.

Increasing the sentences for powder cocaine could spur an increase in the
prison population at a time when the Department of Correction's budget is
being cut and jails are being shut down. And many of those new inmates
would be first-time, non-violent drug offenders.

Drug courts, which offer supervised treatment programs as an alternative to
prison, have a lower rate of recidivism and a higher rate of helping drug
abusers kick their habits and become productive members of society.
Programs such as this, not stiffer sentencing, should be the state's
primary response to the drug problem.

Putting first-time offenders behind bars for five years is not the answer.
We applaud lawmakers for finally instituting some fairness in the state's
drug sentencing policies.