Can California Cut Drug Possession Penalties to Save Money?

August 12, 2012

One California lawmaker -- Mark Leno (D-San Francisco) -- has proposed legislation that would, if passed, both fight overcrowding in California state penitentiaries and slash mounting correctional system expenses. His revolutionary idea? Make simple drug possession charges misdemeanor-level crimes instead of felonies.

Passionate Supporters and Proponents Alike

Anti-drug advocacy organizations fear that the proposal will send the wrong message to the state's youth, giving them an excuse to experiment with street drugs. They caution against passing the measure for fear it will draw teens into the drug scene and lull them into a false sense of security about their decisions.

The proposed law has garnered unexpected support from an unlikely source: the California arm of the American Civil Liberties Union (ACLU). They see Senator Leno's bill as being both fiscally responsible (allowing more corrections system dollars to be spent on violent, high-level crimes), legally prudent (ensuring an adequate punishment to deter against future offenses) and rehabilitative in nature (giving offenders the option of seeking drug treatment).

Senator Leno himself sees the law as a way to turn the tide of a criminal lifestyle that is becoming too common in California. His rationale for supporting the legislation includes the startling truth that befalls many whose first introduction to the justice system is a relatively minor drug possession offense: once an offender is incarcerated in the prison system (where felony-level offenders are housed, even those whose only crime is possession of a small amount of an illegal drug), he is much more likely to remain socioeconomically handicapped, trapped in a lifestyle where opportunities are low and the risk of criminal activity is high.

Californians Support the Measure

A study performed by California Tulchin Research reveals that 70 percent of voters support measures to decrease the punishment for low-level drug possession offenses. An even higher number, 87 percent, also favor lesser penalties for offenders who have successfully completed drug treatment programs.

Even though this measure shows public and legislative support, it has not yet been passed into law. For now, even minor drug offenses bring with them severe consequences, so if you or a loved one is charged with drug possession, seek the counsel of a skilled criminal defense attorney.

Article provided by Jerrold M. Bodow, Attorney at Law, A.P.L.C.
Visit us at www.attorneybodow.com