Pubdate: Thu, 01 Sep 2005
Source: Berkshire Eagle, The (Pittsfield, MA)
Copyright: 2005 New England Newspapers, Inc.
Contact:  http://www.berkshireeagle.com/
Details: http://www.mapinc.org/media/897
Author: Susan Thompson, M.D., Alica Skarimbas, M.D.,  Andrew Potler, D.O.
Note: Letter also signed by Jeff Title and M.D.s Dennis Tresp, Bryce 
Nayowith, Daniel Patel, Eric Bush and Susan Johnson.
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

EXCESSIVE, OUT OF PROPORTION

To the Editor of THE EAGLE:- We are writing this letter to add medical 
information to the argument opposing District Attorney David Capeless' 
prosecution of the Great Barrington youths who were arrested with marijuana.

Breaking the law should have legal consequences, but let the severity of 
the punishment fit the seriousness of the crime and be individually 
determined by a  judge. Mr. Capeless believes that he is acting in the 
interests of public health  and safety. We question whether the public's 
health and safety are being  protected by the mandatory incarceration of 
non-violent adolescents for first-time offenses involving marijuana.

In terms of the true statistical danger to public health, more than 450,000 
Americans die every year from cigarette-related health problems including 
lung and other cancers, heart disease, emphysema, and stroke. Alcohol 
overuse causes  100,000 direct deaths yearly. This does not include fatal 
car accidents, which  are common and rarely prosecuted harshly: young 
drivers implicated in fatal DUIs  usually receive probation, and two-year 
prison sentences are almost unheard of.  This is for a fatal drug-related 
offense. By contrast, no one was killed  or directly harmed by the events 
surrounding the youths who are facing mandatory  jail time.

By insisting on applying the school zone law to this case, Mr. Capeless is 
forcing the court to mandate a two-year prison sentence. From the point of 
view of public health and safety, it is excessive and out of proportion to 
pursue such punishment for offenses involving this drug. It is almost 
certain that the  adolescents involved will be forever damaged by two-year 
prison stays occurring  in their formative years.

SUSAN THOMPSON, M.D.

ALICA SKARIMBAS, M.D.

ANDREW POTLER, D.O. Great Barrington, Aug. 26, 2005

The letter was also signed by Jeff Title and M.D.s Dennis Tresp, Bryce 
Nayowith, Daniel Patel, Eric Bush and Susan  Johnson.
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MAP posted-by: Elizabeth Wehrman