Drugs: New Move for Reform

Washington’s recent effort to seal the Mexican border against marijuana was only the latest indication of the Government’s determination to stamp out grass. But even the Administration’s most determined gangbuster, Attorney General John Mitchell, cannot accept the anomaly whereby a second conviction for selling marijuana carries four times the potential maximum penalty as manslaughter or some types of sabotage. Nor can Mitchell’s legal mind easily tolerate a law that threatens the same punishment to a casual user of marijuana as it does to a wholesale pot peddler. After some initial hesitation, the Justice Department is attempting to make the statutes more rational.

When Mitchell proposed modification of drug-abuse penalties last spring, conservatives in Congress reacted so negatively that the idea was dropped. Subsequently, the Government came out in support of the present tough penalties for marijuana use. Since then, pressure from Government medical experts as well as private physicians has induced Washington to reconsider once again.

First Revision. This week a Senate committee is scheduled to receive proposals that, if enacted, would constitute the first comprehensive revision of federal narcotics penalties since 1937. For the first time, distinctions would be drawn between professional criminals, confirmed addicts and casual drug users. Mandatory jail sentences for mere possession of drugs—now a minimum of two years—would be eliminated. The first offense would be downgraded from a felony to a misdemeanor, although possession with intent to sell would remain a felony. For professional pushers, a jail term of at least five years would still be required.

The recommendations fall short of reforms sought by some in the Administration. There would still be no distinction between marijuana and such potent contraband as heroin. But they allow the judge the latitude to grant leniency in marijuana cases. Federal officials say that their proposals are more flexible than drug laws in about 35 states.

Three alternative penalty schedules will be offered to Congress. Under all three, the maximum penalty for possession of drugs for one’s own use would be limited to a year’s imprisonment and a $5,000 fine for first offenders. It is now ten years and a $5,000 fine. Maximum penalties for sale of narcotics would vary for first offenders from twelve years in jail and a $25,000 fine to 20 years and $25,000. It is now 20 years and a $20,000 fine.

But one theme is consistent. The recommended code, if adopted, will give judges more discretion to deal with cases on an individual basis.