From: NORML California <[canor m l] at [igc.apc.org]> Newsgroups: talk.politics.drugs Subject: Cal Court Panel Study Neglects Decr Date: Mon, 05 Dec 1994 21:17:31 -0800 (PST) CALIFORNIA COURT PANEL IGNORES DRUG CRIMES IN PROPOSED LIST OF OFFENSES TO RECEIVE REDUCED PRIORITY ***PUBLIC COMMENT DUE BY DECEMBER 16th *** The Judicial Council of California, an official body of the state's court system, is excluding drug crimes from a proposal that certain crimes be reclassified to a lower level in order to relieve court and prison overcrowding. The proposal, issued by the Criminal Standing Advisory Committee, is open for public comment until December 16, 1994. The proposal lists lists some 40 felonies in the Penal Code that it recommends be made optionally punishable as misdemeanors at the prosecution's discretion, including incest, pandering, misprision of treason, battery on a custodial officer, falsification of trial documents, and possession of counterfeiting equipment. However, it does not include any felonies from the Health and Safety Code, where drug crimes are listed. Incredibly, it states that the "omitted defenses [sic] do not constitute a significant part of the courts' docket." Drug offenses actually account for about 25% of all felony arrests. According to Administrative Office of the Courts attorney John Toker, the reason that drug offenses were omitted is that they are too "controversial." The California Policy Reform Coalition is criticizing the proposal for giving short shrift to the drug issue. "This is the one category of offenses whose criminalization is most widely criticized for actually increasing crime, and which many foreign countries are currently working to decriminalize," notes CDPRC co- director Dale Gieringer. Among the drug felonies that CDPRC argues should be included in the list eligible for misdemeanor prosecution are personal cultivation of marijuana, whose decriminalization was recommended by the state Research Advisory Panel in 1990, and simple possession of cocaine and heroin, which account for some 40,000 felony dispositions per year. The CDPRC also argues that minor drug sales be treatable as misdemeanors like prostitution (and under the committee's proposal, pandering ). The Judicial Council report also proposes that most misdemeanors be made optionally punishable as infractions at the prosection's discretion. It lists some 150 crimes as exceptions whose penalty should not be reduced. Among these are such drug misdemeanors as possession of paraphernalia and use or being under the influence of a controlled substance. One drug misdemeanor not excluded for reduction to an infraction is adult possession of one ounce or less of marijuana or hashish (Health and Safety Code 11357 (a) and (b)). Since the council is also proposing that infractions not be punished by any form of license suspensions, this would overturn California's newly adopted "Smoke a Joint, Lose Your License" law, which requires a six-month driver's license suspension for personal possession of marijuana. WHERE TO GET THE REPORT Persons wishing to comment on the Judicial Council's proposal should ask for a copy of the report by the Criminal Standing Advisory Committee from John Toker, (415) 396-9129 / FAX (415) 396:9358 at the Administrative Office of the Courts, 303 Second St, South Tower, San Francisco CA 94107.