MINOR CRIMES, MAJOR SENTENCES

Alabama Laws Harsh against Drug Offenders

Most law-abiding citizens favor state laws that get tough on crime. Alabama
gets tougher on people for minor drug violations than most states in the
nation. Only one, Mississippi, offers a longer possible sentence for
first-degree marijuana possession.

Alabama, Arkansas, Georgia and South Dakota have a possible sentence of 10
years for first-degree possession. In Mississippi, offenders risk more than
10 years, but in 20 states offenders face three to five years for the same
offense. In some states, the potential sentence is a year in prison.

A study by the Equal Justice Initiative points to what some perceive as a
racial disparity caused by the state's harsh drug laws. More than half the
prisoners locked up for first-degree marijuana possession are black men,
while nearly three-fourths of felony DUI offenders are white men. Drunken
driving doesn't result in a felony until the driver has been convicted on
DUI four times. People face first-degree possession if they have a prior
misdemeanor drug conviction, or if they possess more than 2.2 pounds of
marijuana.

The average sentence for a felony DUI offender is 4.8 years, according to
the Alabama Department of Corrections, while the average sentence for
first-degree possession of marijuana is 6.4 years. Bryan Stevenson,
executive director of EJI, said police are more likely to target blacks for
drug crimes, and minorities are disproportionately poor, resulting in
weaker defense against charges and longer sentences.

An underlying difference in the marijuana sentences and DUI sentences may
be the substance being abused by the offender. Alcohol is legal in many
Alabama counties; marijuana is outlawed in them all.

But when Stevenson says Alabama is "too harsh in the drug context," he may
be right.

Lengthy sentences for a relatively minor drug crime is a contributing
factor in Alabama's prison overcrowding situation - something that has
plagued the state for years and despite serious efforts to combat in recent
years, remains a problem now.

Even some court officials who don't see the racial disparity Stevenson
believes is there recognize the need for courts to look for alternative
sentences and treatment programs for people convicted of minor drug crimes.

As attractive as the get-tough approach to sentencing is, the state must
get smarter about which offenses earn inmates a long stay behind bars.