Governor Patrick Proposes Drug Charge Reform – Repeal of Mandatory Minimums
Governor Deval Patrick announced a very progressive package of legislation this week that would serve to do away with the harsh mandatory minimum sentences placed on non-violent drug offenders. He immediately faced backlash, however, from people who believe his move would put the public at risk, stating it appeared the Governor had gone soft.
Patrick made headlines earlier this month when he fired his parole board in the wake of them paroling a “career criminal” who went on to shoot and kill a former police officer. For this he was applauded and called a no-nonsense “tough on crime” leader. Now, however, those who backed the parole decision aren’t so sure.
Victims’ advocates are saying the inconsistency of Governor Patrick’s actions, being tough in one case and seemingly soft on drug crimes, doesn’t line up. “As a victim’s advocate you wait for the other shoe to drop—when push comes to shove I want to know what we’re going to see from him” the president of Community VOICES said.
The governor’s new proposal wouldn’t free violent criminals or lighten the penalties of those convicted of public safety crimes. What it would do is offer judges more discretion in sentencing those convicted of drug offenses where violence, children, and weapons are not involved.
Proposed Massachusetts Drug Possession Law Changes
Under current Massachusetts drug laws, possession of more that 200 grams of cocaine can result in a mandatory 15 year sentence. Possession of more than 100 grams of heroin can result in a mandatory sentence of 10 years in prison.
And possession of any amount of any controlled substance, within a designated drug free zone, or school zone, means a mandatory sentence of 2 years in prison.
Because lengthy prison sentences for drug users and drug dealers have been shown to actually increase recidivism it seems his move is in the right direction. In addition, making the proposed legislation even better, it would allow drug offenders to work in work-release settings. This means they would be holding down legitimate jobs while serving their time, giving them incentive for staying straight once released.
Governors and lawmakers across the nation are looking at criminal justice legislation and reform as they try to stretch their budgetary dollars. This tightening of the purse strings has caused these officials to take a closer look at their current policies and see that they are largely ineffective—something reform activists have been saying for years.
Sending a non violent drug offender to prison for 15 years doesn’t reform him and it isn’t effective at “sending a message” to others still on the street. It punishes–plain and simple. And while retributive justice might have a long standing history, this isn’t the dark ages.
Both the offender and the public at large are best served when nonviolent drug offenders are given the tools to succeed. This isn’t to say they shouldn’t face consequences for their violation, but these consequences shouldn’t come at an additional cost to the public, financially or otherwise.
Currently, Massachusetts drug laws are some of the harshest, and facing the potential of years in prison for an offense like this can be very frightening. If you are facing drug possession charges, contact our offices today to discuss your case and your potential options.
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[...] Attorney General Martha Coakley opposes Governor Patrick’s proposal to reform mandatory minimum penalties for non-violent drug offenses, particularly school zone charges. She [...]