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Article published Apr 13, 2005
Panel equalizes penalties for cocaine,
crack
COLUMBIA -- People convicted of possession or
distribution of powder and crack cocaine would draw the same penalties under a
bill that cleared the Senate Judiciary Committee on Tuesday.The legislation ends
years of stiffer penalties for the potent but less expensive rock form of
cocaine. People arrested on cocaine charges, however, would face more prison
time.A handful of legislators for years have said it makes little sense for one
form of an addictive drug to have less harsh penalties to than the other.Sen.
Brad Hutto, D-Orangeburg, said the legislation equalizes the penalties for the
different types of cocaine and methamphetamines.For instance, a first offense
for possession of powder cocaine now brings a prison sentence of no more than
two years and up to a $5,000 fine and is a misdemeanor.Convictions for the same
offense involving crack and methamphetamine brings a five year prison term and
the same fine, but is a felony.The legislation makes that first offense for any
of the drugs a misdemeanor with up to three years in prison and up to a $5,000
fine.A second offense for cocaine possession could have brought a five year
sentence and $5,000 fine. A second possession offense for crack and
methamphetamine brought 10 years and $10,000.The legislation sets those offenses
at seven years and up to a $7,500 fine.Sen. Kevin Bryant, R-Anderson, offered an
amendment that would require mandatory minimum prison term for the
offenses.Hutto said that would clog the state's courts and cause more prison
overcrowding. The amendment failed with a 12-2 vote.