DROP THE ROCK -- NOW

Former Drug Czar Gen. Barry McCaffrey Renews His Plea For Reforming The
Rockefeller Laws

It's been two years since Gen. Barry McCaffrey, the nation's drug czar
under the Democratic Clinton administration, urged reform of the state's
harsh Rockefeller Drug Laws. During that time, much in the debate has
changed, but one constant remains: The Rockefeller statutes are still on
the books, as Draconian as ever, and still in need of urgent reform.

In 1999, Gen. McCaffrey found himself in an alliance with Gov. Pataki in
urging reform, even though the governor dismissed the general's position as
politically motivated. In truth, the general was only calling for what Mr.
Pataki himself had proposed -- reform -- while the leader of the Democratic
Assembly, Speaker Sheldon Silver, was a surprise holdout, fearing reform
might make his fellow Democrats appear soft on crime.

Much has changed in the interim. Now it is Mr. Silver who has come out for
reforms that have gained Gen. McCaffrey's support. The plan would give
judges more discretion in sentencing and stress treatment as an alternative
to incarceration. In the general's view, this is the approach necessary to
reverse the misguided Rockefeller Drug Laws that were "passed during a time
of enormous fear, anxiety and lack of understanding of the issues." They
take a get-tough approach to drug crime by mandating a minimum sentence of
15 years to life for possession of four ounces, or sale of two, of an
illegal substance, even if it is a first offense.

That is not to say that Mr. Pataki has abandoned reform. To the contrary,
he has advanced a package that also would provide for judicial discretion
and treatment alternatives. But unlike the Assembly plan, the governor
would not include Class B felons as eligible for treatment. Under the
Assembly plan, drug offenders Class B down to E would be eligible.

The governor also proposes to strengthen laws on marijuana possession and
distribution, claiming that present statutes are too lax. The sale, or
attempted sale, of any amount of marijuana would be upgraded to a felony
for some second offenses, while other marijuana felonies would draw longer
sentences.

Mr. Pataki defends his position on ruling out treatment for Class B
felonies on the grounds that the goal is to keep drug kingpins behind bars,
just as the Rockefeller Drug Laws were supposed to do. That would be a
credible position if only the Rockefeller laws had attained that goal. But
they did not. As for marijuana, even some district attorneys, who oppose
Rockefeller drug law reform, are mystified. Why crowd the jails with more
low-level offenders if the goal of reform is to reduce the prison
population by encouraging treatment as an option to incarceration?

Gen. McCaffrey's views come at an opportune time. Despite the enthusiasm
for drug law reform earlier this year, the issue has faded from the public
consciousness and the prospects for passage do not seem as promising today
as they were only a few months ago. But now with the former drug czar
repeating the call to undo the damages of 28 years of failure, perhaps the
governor and lawmakers on both sides will get serious about reaching a
middle ground -- one where an enlightened drug policy can replace one
crafted in ignorance.