Pubdate: Tue, 19 Jan 2016
Source: Dallas Morning News (TX)
Copyright: 2016 The Dallas Morning News, Inc.
Contact: http://www.dallasnews.com/opinion/send-a-letter/
Website: http://www.dallasnews.com/
Details: http://www.mapinc.org/media/117
Author: William R. Kelly
Note: William R. Kelly is a professor of sociology at The University 
of Texas at Austin, specializing in criminal justice policy. His 
first book on criminal justice reform, "Criminal Justice at the 
Crossroads: Transforming Crime and Punishment," was published in May. 
His second book, "The Future of Crime and Punishment: Smart Policies 
for Reducing Crime and Saving Money," will be published in July.

JUST SAY YES TO TICKETING POT OFFENDERS

Citing and releasing those caught with small amounts is a good idea, 
William R. Kelly writes

As someone who studies the effectiveness of criminal justice 
policies, I rarely can applaud a specific policy in Texas. But I 
could do just that for a new pilot program taking shape in Dallas.

The Dallas City Council is considering a program of ticketing rather 
than arresting individuals caught in possession of 4 ounces or less 
of marijuana. The procedure, known as cite and release, involves the 
police issuing a ticket to the offender, much like the procedure used 
for traffic violations. The ticket is a promise to appear in court on 
a particular date and time.

This is a good idea because it avoids the stigma of individuals being 
formally arrested and booked into jail. It also saves significant 
amounts of police time as well as expensive jail resources. Other 
Texas city and county governments should take note.

Although the new cite-and-release policy seems like a kinder, gentler 
approach, the reality is that possession of marijuana in Texas is a 
criminal offense with criminal consequences. Under current Texas law, 
possession of up to 2 ounces of marijuana is a Class B misdemeanor, 
punishable by up to 180 days in jail and a $2,000 fine. Possession of 
between 2 and 4 ounces of marijuana is a Class A misdemeanor, 
punishable by up to one year in jail and a $4,000 fine.

There is a painful irony here. Punishment does not reduce drug use. 
Years of scientific evidence shows that neither the threat of 
punishment nor the actual experience of punishment deters substance 
abuse. We have tried for decades to punish our way out of a massive 
drug problem. We have spent $1 trillion on the war on drugs, the vast 
majority of that going to arrest, conviction and punishment and 
trying to control the supply of drugs. One would be hard pressed to 
find anyone today who can seriously say this has been a successful effort.

One of the primary reasons that punishment does not work is that 
substance abuse is a disorder of the brain. For decades we have 
characterized drug use as a choice. (Remember Nancy Reagan's "Just 
Say No" campaign?) In many cases of recreational drug use, it is a 
choice. That is not my concern. My concern is with substance abuse, a 
disorder characterized by neurological changes to the brain that 
often result in increasing frequency of use, increasing dosage and 
failed attempts to quit. There is evidence that the neurological 
changes to the brain due to chronic marijuana use often lead to the 
abuse of and addiction to other drugs. There is also evidence linking 
early, chronic use of marijuana to mental health disorders.

Today, nearly 80 percent of individuals in the Texas criminal justice 
system have substance abuse problems. Substance abuse is by far the 
most common crime-related problem among offenders. Some individuals 
enter the justice system because of a drug charge. Others enter on 
other charges, but drugs are clearly implicated. The bottom line is 
that we have a monumental drug problem in Texas. Punishment does not 
reduce demand. Continuing to criminalize possession of marijuana is 
counterproductive.

Texas has a number of drug courts that are designed to divert 
offenders from prosecution and punishment and into treatment. The 
problem is that most of them are for felony offenders.

We should keep our eyes on an innovative new program in Harris County 
that, in addition to using cite and release for individuals caught 
with less than 2 ounces of marijuana, lets offenders opt for 
diversion to treatment and/or community service. If they successfully 
complete the diversion program, they will avoid a criminal 
conviction, which in turn avoids the potential longer-term barriers 
to housing and employment that often accompany a conviction.

Reform should not stop at the front end of the process of arrest vs. 
cite and release. True reform must involve developing the laws, 
procedures, policies and resources to provide appropriate drug 
treatment to those who need it. The evidence clearly shows this will 
reduce recidivism and save money.
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MAP posted-by: Jay Bergstrom