SENATE JUDICIARY EQUALIZES PENALTIES FOR COCAINE, CRACK

Columbia, S.C. -- People convicted of possession or distribution of powder
and crack cocaine would draw the same penalties under a bill that cleared
the Senate Judiciary Committee on Tuesday.

The legislation ends years of stiffer penalties for the potent but less
expensive rock form of cocaine. People arrested on cocaine charges,
however, would face more prison time.

A handful of legislators for years have said it makes little sense for one
form of an addictive drug to have less harsh penalties to than the other.

Sen. Brad Hutto, D-Orangeburg, said the legislation equalizes the penalties
for the different types of cocaine and methamphetamines.

For instance, a first offense for possession of powder cocaine now brings a
prison sentence of no more than two years and up to a $5,000 fine and is a
misdemeanor. Convictions for the same offense involving crack and
methamphetamine brings a five year prison term and the same fine, but is a
felony.

The legislation makes that first offense for any of the drugs a misdemeanor
with up to three years in prison and up to a $5,000 fine.

A second offense for cocaine possession could have brought a five year
sentence and $5,000 fine. A second possession offense for crack and
methamphetamine brought 10 years and $10,000. The legislation sets those
offenses at seven years and up to a $7,500 fine.

Sen. Kevin Bryant, R-Anderson, offered an amendment that would require
mandatory minimum prison term for the offenses. Hutto said that would clog
the state's courts and cause more prison overcrowding. The amendment failed
with a 12-2 vote.