Pubdate: Fri, 20 Sep 2013
Source: Seattle Times (WA)
Copyright: 2013 The Seattle Times Company
Contact:  http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409
Author: Anthony Martinelli
Note: Anthony Martinelli is communications director for Sensible Washington.

IT'S TIME TO END FELONY CHARGES FOR SIMPLE DRUG POSSESSION

IN Washington the possession of any controlled substance, or over 40 
grams of marijuana, is an automatic felony charge with a potential 
prison sentence of five years. As a result, our prisons are filled 
with nonviolent individuals at taxpayer expense. This is unjust and 
not in line with public opinion.

Sensible Washington, the nonprofit organization that promoted 
cannabis-legalization initiatives in 2010 and 2011 that didn't reach 
the ballot but helped pave the way for the measure that did, recently 
announced a legislative proposal to defelonize the simple possession 
of all drugs.

Under the law of Washington, adult possession of a controlled 
substance, when not intended for distribution, would be reduced from 
a felony charge to a misdemeanor, with a maximum sentence of 90 days.

State Rep. Sherry Appleton, D-Poulsbo, will be the primary sponsor of 
this proposal in the House of Representatives. Reps. Joe Fitzgibbon, 
D-Burien, Jim Moeller, D-Vancouver, Jessyn Farrell, D-Seattle, and 
Chris Reykdal, D-Tumwater, have all signed on as official 
co-sponsors, with more to be announced soon. Sensible Washington 
hopes to have a companion bill filed simultaneously in the Senate.

This proposal would neither legalize nor decriminalize the possession 
of illegal drugs. It would simply reduce the penalty for the 
possession of any controlled substance, including cannabis, cocaine 
and opiates, to a misdemeanor.

It is a way of reducing the harms associated with the felonization of 
low-level drug possession, which is a regressive policy that fosters 
perpetual criminals. Once labeled a felon, a person loses important 
opportunities for housing, work and education. Such a loss benefits 
neither the offender nor society.

A recent report released by the U.S. Justice Department's Bureau of 
Justice Statistics states that there are more than 330,000 inmates in 
state and federal prison for nonviolent drug-related offenses. A 
disproportionate majority of them are minorities, who are drastically 
more likely to be harassed, arrested and prosecuted for drugrelated crimes.

We must take a more humane, sensible approach to our drug policies, 
rather than simply throwing people in prison.

This proposal also corrects the massive disparity in our state's 
cannabis law. In Washington, the possession of up to an ounce of 
cannabis is no longer a crime, due to the passage of Initiative 502 
last November.

However, possession of an ounce and a half (anything over 40 grams), 
is a felony with a potential five-year prison sentence. In addition, 
certain situations could lead to two people who each have an ounce of 
cannabis both being charged with felonies thanks to 
"constructive-possession" laws. This proposal will remove the felony 
conviction for all adult cannabis-possession charges, unless intent 
to distribute is proven.

Defelonizing simple drug possession will also reduce the financial 
burden associated with the war on drugs. Currently taxpayers fund the 
incarceration of numerous nonviolent individuals who are in prison 
solely because they, at some point, were found in possession of an 
illegal substance.

Reducing personal drug-possession charges to a misdemeanor with a 
maximum of 90 days retains the illegality of hard drugs while 
reducing the penalty to something more appropriate.

Harsh criminal penalties for low-level drug offenses have done 
nothing to reduce drug addiction. It's past time for us to take a 
more reasonable, modern approach. Defelonizing simple drug possession 
is a significant step in the right direction.
- ---
MAP posted-by: Jay Bergstrom