Pubdate: Sat, 11 Mar 2006 Source: Berkshire Eagle, The (Pittsfield, MA) Copyright: 2006 New England Newspapers, Inc. Contact: http://www.berkshireeagle.com/ Details: http://www.mapinc.org/media/897 Author: Laurie Sawin Note: Laurie Sawin is the mother of Kyle Sawin, who was acquitted of selling marijuana in a drug-free zone. Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/testing.htm (Drug Test) Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) Bookmark: http://www.mapinc.org/find?217 (Drug Free Zones) GIVE KIDS, FAMILIES THEIR LIVES BACK To the editor: They've been waiting a year and a half now. Lives on hold. Physically ill from the stress and anxiety of waiting. Attempting to focus on schoolwork and jobs. It's costing a fortune too in college and retirement savings. It's tearing families apart. Straining marriages and family relations. Parents blaming each other, everyone feeling guilty. Our family knows this pain well. We went through it all last year. I am speaking of the marijuana-only, first-time offenders of the now infamous Great Barrington Taconic parking lot drug sting. Criminal trials in Berkshire County run every other month and these kids are on the "call of the list" every time. They will not know, almost until the day, when they will go to trial. No one in the family makes any plans. In the last year and a half these kids have grown up a great deal. They've seen and understand the toll this has taken on their families physically, emotionally and financially. Let's put a little perspective on what these kids are accused of doing. Did you know that, in the eyes of the law, anyone selling or even giving a single marijuana cigarette to someone else is guilty of distribution - making said person a "dealer?" Think back to when you were a teenager. Maybe you never smoked marijuana and split some with a friend, but did you ever buy a six-pack of beer or a bottle of booze or wine? Did you share it with a friend, split the cost? Let me count the laws broken. How about last month when you went out to dinner and had that extra glass of wine? Were you a drunk driver (according to the letter of the law)? For the record, the combined total "take" of marijuana from all the kids, for the entire operation, was less than one ounce. Yes, what these kids are accused of doing is illegal. A first time offender for such small amounts of marijuana would most likely be charged with a misdemeanor, receive probation, be required to attend counseling, perform community service and be drug-tested for a specified period of time. The kid straightens up his or her act and they've got a second chance. But add location (school zone) and that misdemeanor (all other circumstances being exactly the same) can become a felony, punishable by a required minimum mandatory two years in jail. It's not just the jail term. A felon is a felon for life! These kids would be banned or severely restricted forever in terms of employment, ability to serve our country in the military, ability to obtain a loan or mortgage, accessibility to continuing education and more. All for a misdemeanor committed by a teenager. The real kicker is that the additional felony charge is not mandatory. It is discretionary on the part of one person, our district attorney. No parent of any of these accused kids has ever argued that their kid should not be punished. However, no parent could stand by and watch while their kid is made a felon for a misdemeanor! All these kids and their families have done, are doing, and will continue to "do the time." The taxpayers have already spent a fortune on this. Money far better spent on prevention and rehab than on courts and prisons. These are misdemeanor charges; nonviolent acts; dumb kids. Why is District Attorney Capeless trying to make these kids pay for the rest of their lives for this, possibly creating in them what his office should be trying to prevent? Give them that second chance. The district attorney is the only one who can bring the felony charge, and he is the only one who can take them away. (If you've read this newspaper lately, you know that he does this all the time for more serious offenses.) Let these kids give back to the community instead of costing the community. Throwing them and their lives away at this point will serve no one. LAURIE SAWIN Note: Laurie Sawin is the mother of Kyle Sawin, who was acquitted of selling marijuana in a drug-free zone. - --- MAP posted-by: Beth Wehrman