Pubdate: Fri, 03 Nov 2000 Source: Boston Globe (MA) Copyright: 2000 Globe Newspaper Company. Section: Letters to the Editor, page A22 Contact: P.O. Box 2378, Boston, MA 02107-2378 Feedback: http://extranet.globe.com/LettersEditor/default.asp Website: http://www.boston.com/globe/ Author: William J. Leahy, Boston STATE SENDS DRUG USERS TO JAIL As Chief Counsel of the Committee for Public Counsel Services, I have known Ralph Martin for many years and consider him a friend. I must, however, rebut his claim that "Massachusetts does not send first-, second-, or even third-time drug users to jail ("Question 8 would aid drug dealers" letter, Nov.1). Martin went on to say, "They get help and treatment. We do crack down on drug dealers who make fortunes off the misery of others." The statement is wrong on both counts. Massachusetts certainly does send drug users to jail with appalling regularity. A typical drug user who supports his habit by selling small amounts of cocaine or heroin to other addicts is, upon arrest, charged as a "dealer" by prosecutors. In no way is he treated by the law as a "user." Instead, he is subjected to the harsh and often mandatory drug laws that require incarceration and ignore treatment. The "crackdown" on major drug profiteers of which Martin boasts is likewise inaccurate. The street dealers who constitute the vast majority of those arrested and prosecuted for drug distribution in state courts are not profiteers but impoverished addicts who are routinely found to be indigent by a judge and are represented in court by public defender or assigned counsel. - --- MAP posted-by: Terry Liittschwager