Top Christian Organization Calls for Creative Proportional Responses to Possession Crimes
Are traditional responses to drugs working? Is justice being served in courtrooms across America? The Drug Report: A Review of America's Disparate Possession Penalties, a new study on drug penalties by Prison Fellowship®, looks at how punishments for illegal possession of marijuana, heroin, cocaine, and fentanyl vary from state to state.
Why is possession of illegal drugs punished so harshly? Does our justice system view some drugs as "worse" than others? Let's take a look.
Below are a few questions and answers drawn from The Drug Report.
WHAT IS THE REPORT ABOUT?
The Drug Report reveals where the largest discrepancies are seen between penalties for the same general offense, as well as for other substances within the same schedule. Additionally, the report captures how states are already and could continue creatively responding to drug possession in ways that produce more effective outcomes and avoid a criminal record where possible.
HOW ARE ILLICIT DRUGS CLASSIFIED?
All substances are divided into five categories, or schedules, based on the drug’s medical use and the potential for abuse or dependency.
- Schedule I: Drugs in this category have no currently accepted medical use and have a high potential for abuse and dependency. Heroin and marijuana are Schedule I drugs.
- Schedule II: These drugs are considered dangerous, with a high potential for abuse, and may lead to severe dependence. Cocaine and fentanyl are Schedule II drugs.
- Schedule III: Drugs in this classification are considered of moderate to low potential for dependence and abuse. Examples are Tylenol with codeine and ketamine.
- Schedule IV: Drugs included in this level have a low potential for abuse and a low risk of dependence, such as Xanax and Ambien.
- Schedule V: Drugs in this category contain limited quantities of narcotics and are regularly prescribed by doctors, such as cough syrups like Robitussin AC.
HOW ARE PENALTIES FOR DRUG POSSESSION DETERMINED?
Penalties for drug possession vary based on drug and jurisdiction.
- Possession of Marijuana: The initial threshold penalty in many states for possession of marijuana is 25 to 30 grams—the weight of a slice of bread—or less. Ten states have now legalized marijuana and several others have decriminalized it.
- Possession of Heroin: Heroin is typically penalized as a felony.
- Possession of Cocaine: There is a wide range of penalty disparities for cocaine possession. People convicted of possession can receive anything from a gross misdemeanor to a Class 1 felony.Despite being in separate drug schedules, cocaine and heroin are treated the same by many states.
- Possession of Fentanyl: Although fentanyl is 50 times stronger than heroin, it is a somewhat new epidemic. Very few states have passed laws establishing penalties for possession of it.
IT’S TIME FOR A NEW APPROACH
Current Drug laws are not working.
Prison Fellowship calls for a restorative approach to drug laws that prevents the misuse of controlled substances, breaks the cycle of addiction, and invests in consistent accountability that includes treatment and rehabilitation. We advocate for creative, proportional responses to drug possession that align with research and not traditional.
Prison Fellowship encourages lawmakers to embrace their creativity in crafting policy responses to drug possession in a way that is mindful of outcomes and avoids a criminal record where possible. States, as laboratories of democracy, should be spurring one another on in creating responses to possession crime that best solve the underlying problems of illegal drug use and addiction. We believe that penalties for possession crimes should be the same across schedules. The crime of possession, and the underlying problems associated with it, are the same regardless of the substance.
JOIN THE CONVERSATION & GET INVOLVED
How does your local government penalize drug crimes? Get involved in the conversation by spreading the word on social media using The Drug Report promotional tools.
Download The Drug Report from Prison Fellowship to read it in full.
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