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Colo. Gov. Signs Bill Reducing Drug Possession Penalties

By Jeralyn, Section Colorado News
Posted on Tue May 25, 2010 at 11:20:38 AM EST
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Colorado Governor Bill Ritter today signed an important bill into law, reducing penalties for possession of drugs.

House Bill 1352 increases the amount of drugs a person can posses before facing jail time, instead diverting offenders to substance-abuse treatment centers paid for by the savings on avoiding incarceration.

Ritter also signed bills allowing judges greater discretion in granting probation, increasing possible good time and ability to be placed on parole.

House Bill 1360 lessens penalties for parolees who make technical violations. House Bill 1338, makes it easier for people previously convicted of two or more nonviolent felonies to obtain parole. And House Bill 1374 increases the amount of time off their sentences that well-behaved inmates can earn for each month served.

Here's a copy of the final bill. [More...]

The new laws are the product of the Commission on Criminal and Juvenile Justice, appointed by Ritter, which included "a mix of prosecutors, public defenders, law enforcement, human services officials, lawmakers and other advocates."

These laws are a welcome shift towards becoming smart, rather than just tough on crime.

Example of the changes:

Possession of up to 4 grams of cocaine, heroin, and other schedule I and II drugs (except for Meth) goes from a max of six years down to a max of 18 months. (For meth it's up to 2 grams) -- and the drop is from a class 4 felony to class 6 felony

Possession of 1 to 2 ounces of marijuana: fine only; 2 to 8 ounces: up to 12 months (down from 18); possession of 8 to 12 ounces: up to 18 months (down from up to 6 years), still a misdemeanor.

The bill increases penalties for distribution of large amounts of substances and for distributing to children.

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    Colo. Gov. Signs Bill Reducing Drug Possession Penalties | 4 comments (4 topical)

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    Reducing is good... (none / 0) (#1)
    by kdog on Tue May 25, 2010 at 11:34:49 AM EST
    eliminating is so much better...I'll take another bone, to be sure, but two ounces of grass can still get ya a years caging...that is still the definition of insanity.

    Also not keen on forcing people into treatment whose only problem could be the bad luck to get busted...not all use is abuse.

    Will be interesting to follow the results (none / 0) (#2)
    by oculus on Tue May 25, 2010 at 12:03:52 PM EST
    of diversion into treatment for those kdog describes in paragraph two.  

    Good to see a commission's recommendations implemented instead of stowed on a bookshelf.

    Parent

    Bill still protects special interest groups (none / 0) (#3)
    by Yes2Truth on Tue May 25, 2010 at 06:39:44 PM EST

    The right and honorable thing to do would be to
    make drugs legal.  This bill protects those who
    profit and prosper from keeping drugs illegal.  After 80 years of protecting the special interest
    groups, it's time to cut them loose and find
    a new revenue stream.  New white collar crime
    laws might be just the thing.

    "diverting" (none / 0) (#4)
    by diogenes on Tue May 25, 2010 at 10:21:44 PM EST
    Around here, drug courts and diversion led to MORE jail...people were mandated into treatment for one year and then would decide not to show up, and the judge would violate them.  In the old days before "diversion" they would just do probation or do 30 days and be done with it.
    If you don't jail people who thumb their noses at diversion to treatment then it's a sham.

    Colo. Gov. Signs Bill Reducing Drug Possession Penalties | 4 comments (4 topical)

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