Bill seeks equality
in cocaine penalties House panel
passes measure to make possession of crack, powder cocaine carry
same jail time By J.R.
GONZALES Staff
Writer
A bill that would equalize prison sentences for possessing crack
cocaine or powder cocaine passed a House subcommittee Thursday.
The bill, which passed the Senate last month, is scheduled to go
before the House Judiciary Committee Tuesday.
If it passes the House, the bill could end a perception by many
that some penalties favor one ethnic group over another.
Currently, a first-time conviction for possessing crack cocaine
is a felony. That carries a five-year prison sentence and a $5,000
fine.
By comparison, a first-time conviction for possessing powder
cocaine is a misdemeanor and carries a two-year prison sentence and
$5,000 fine.
Generally, the use of crack cocaine has been associated with
African-Americans. Powder cocaine, which costs more and whose
effects last longer, has been linked to Caucasians. Critics have
said the disparity in sentencing is unfair.
“That’s discriminatory,” said state NAACP president Lonnie
Randolph.
Backers of the bill want to fix that by offering the same
sentence for possessing cocaine in any form.
“Cocaine’s cocaine,” said state Sen. Jake Knotts, R-Lexington.
“This should release the perceived bias that currently exists ...
that the sentencing of it is racially motivated, and it’s not.”
If the bill becomes law, the punishment for those convicted of
possessing crack cocaine would be lessened; prison sentences for
those convicted of having powder cocaine would stiffen slightly.
A first-time offender would be charged with a misdemeanor, which
carries up to three years in prison and a fine of up to $5,000.
The bill, which cleared the House Criminal Laws Subcommittee
Thursday, also includes penalties for possession of 12 grams or more
of pseudoephedrine, a cold medicine can be cooked to make
methamphetamine.
Randolph said he supports the equalized sentences.
“It should be based on the offense, not the color of the
offender,” he said.
Kathrine Hudgins, president of the S.C. Criminal Defense Lawyer’s
Association, also supports the sentencing proposal. But she said the
group rejects increasing prison time.
“It’s not a quick answer to increase penalties,” she said.
Hudgins suggested making more resources available for addressing
the addiction problem associated with cocaine use.
She and Randolph agree that more money should go toward treatment
programs.
Reach Gonzales at (803) 771-8405 or jgonzales@thestate.com. |