Cocaine Possession Could Just Get You a Misdemeanor Charge if a Majority of Californians Had Their Way (Poll)

By Dennis Romero Mon., Apr. 11 2011 at 11:50 AM

Coca-Cola

Correction: After a commenter pointed out our mistake, we took "ticket" out of the headline and changed it to "misdemeanor charge."

Californians want folks who get pinched for a small amount of hard drugs like cocaine to face only misdemeanor charges, not felony ones.

In fact the Drug Police Alliance's statewide survey (PDF) found that nearly three-quarters of us (72 percent) want marijuana-like misdemeanor penalties for possession of cocaine, heroin and small amounts of other drugs.

That would mean if cops found a few bumps in your pocket you'd see a ~~ticket~~ [corrected]: misdemeanor charge, which would rarely result in jail time these days, particularly on first offense ~~instead of a jail cell (just as if you had a few joints on you).~~

States the Drug Policy Alliance:

This poll offers important proof that most Californians do not approve of lengthy prison sentences for drug possession for personal use. At a time when California is slashing funding for education and health care while billions of dollars in incarceration costs remain untouched, this poll finds that Californians believe that too many people are incarcerated for too long.

This would be just a write up, if Californians had their way.

Of the 800 people surveyed by Lake Research Partners last month, 56 percent believed that too many Californians are in jail; even 66 percent of Republicans favor misdemeanors for small amounts of hard drugs; 41 percent said they'd favor a candidate who supports the misdemeanor move for hard drugs.

Allen Hopper, police practices director with the ACLU of Northern California:

Support for reducing drug possession penalties crosses all the partisan, regional, and demographic lines that normally divide California voters. Solid majorities of Republicans, Democrats and Independents from every corner of the state overwhelmingly agree that it's time for a new approach. We need to stop wasting precious tax dollars on unnecessary, expensive jail and prison sentences.

The DPA notes that those caught with cocaine or heroin -- even small amounts -- could see 16 months to 3 years in prison.

Added: We're also told that a plurality of respondents (40 percent) believe possession of a small amount of hard drugs like coke should only get a ticket (e.g. be cited for an infraction).

Tags:

California, cocaine, Drug Policy Alliance, felony, heroin, misdemeanor, poll

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bigriggs

Why don't we just let all the idiot drug abusers run rampant thru the streets making life miserable for everybody..... Wouldn't want to hurt anybodys feelings by actaully punishing them for being a loser drug abuser.

I read the article

You do realize that those "idiot drug abusers" already do run rampant throughout the streets, making life miserable for not very many people. For the most part, this is just changing how they are dealt with if they happen to be caught. Maybe if you took the time to even think about what you are saying, you'd realize that drug users are mostly destroying their own bodies and really have minute adverse effects on society. Health care costs for these people are reduced because their life expectancies are much shorter, so we'd be paying less for that. You also must realize that prison time doesn't come for free, taxpayers have to fund this sort of thing. Locking a non-violent drug user up for a crime that is detrimental to THEIR health comes out of your paycheck. When was the last time you saw a huge gang of cokeheads running around tearing up people's personal property in your quaint little city? Its people like you that are causing unnecessary spending in these types of areas, and why the war on drugs is taking a huge chunk of money that we could be spending on things like EDUCATION. Try reading the article, man.

bigriggs

I read the article too. Yes, they do run rampant thru the streets but until we treat abusers like the scum they are we will have these problems. Why should we change the way we deal with them? We should make it even worse for them if caught. Instead we coddle these criminals and enable them in every way we can. Easy solution to the cost of prison time. Make prison actually miserable. No TV, computer etc....costs go down. Make them work in the prison shop (giving them work skills) making whatever, costs down. Make them grow everything they eat, costs down. I have no sympathy for drug abusers.

"drug users are mostly destroying their own bodies and really have minute adverse effects on society" Are you serious?? Try telling that to the people living next to a crack house or the employee just robbed at gunpoint for $77 by some junkie who needs a fix and not getting slapped. I'm sorry you feel the need to treat these criminals like any other law abiding person (wouldn't want to hurt a junkies feelings now would we).

It's people like you and junkies that are causing unnecessary costs by not having a spine and looking the other way or thinking it's no big deal when it comes to criminal activity thus costing states and municipalities countless millions they could be spending elsewhere (education).

Allen Hopper, ACLU

I'm with the ACLU, we jointly commissioned this poll along with DPA and the Ella Baker Center for Civil Rights. Thanks for correcting the misdemeanor v. infraction issue in the revised story. I thought you might also be interested to know, though, that our poll tested the infraction question as well. The 75% who believe the punishment for these offenses should be something less punitive than a felony crime include a plurality (40%) who believe possession of a small amount of illegal drugs for personal use should be considered an infraction with no imprisonment at all.

GlennBackes

Incorrect: A misdemeanor bust for a small amount of cocaine or heroin could result in up to one year in jail--not a ticket as you write here. The current punishment is 16 months to 3 years in state prison. The Governor recently signed legislation that would allow for up to 3 years in county jail. Advocates want cuts in prison and jail spending to protect budgets for health, education and services for the elderly, disabled and children.