Changes in Drug Legislation

The world in which we live, if nothing else, is one of constant change and crisis. These crises, such as in the case of illegal drug activity, have the very real potential of destroying society from the inside out, with the criminal justice system left in most cases to respond to, rather than deter these crises themselves. If we accept this assumption- that criminal justice agencies often must plan in response to crisis, or at the prompting of the legislature, community or other external stakeholders- then we must also assume change is constant. In this research, policies, changes and solutions will be the focus, in an effort to better understand the state of the war on drugs and the accompanying battle to create meaningful and effective drug laws.

Policies and Changes Surrounding the Rockefeller Drug Laws

The America of the early 1970s saw a boom in the illegal drug trade, coming off of a rush of demand for drugs after the drug hazed years of the 1960s. In response to this deadly industry, 1973 saw the enacting of the state of New York's response to the drug trade- the Rockefeller Drug Laws. The original intent of the Rockefeller Laws was to take out of society the "drug kingpins", those who distributed and sold illegal drugs, with a mindset that the end of the supply would lead to the end of the demand (drugpolicy.org). Following on the heels of Rockefeller were the Felony Offender Laws, which added strength to drug laws. The problem with these laws was not that they didn't work, but that they also led to the imprisonment of individual drug users, which swelled prison populations and turned ordinary people, many of whom were only occasional drug users, into convicted felons. Especially affected were minorities, who were among the biggest drug users at the time (nysda.org).

The change in the effect of drug laws, brought on by these two pieces of legislation, made it clear that changes were necessary, lest the state of New York itself become some sort of penal colony. Therefore, a closer look at what is needed is in order.

Needed Changes, Stakeholders and Barriers to Change

The decades that followed Rockefeller and Felony Offender made it clear that these laws were in dire need of change for a variety of reasons. Perhaps most importantly among the reasons for a need for change was the fact that many of those in need of recovery from drug addiction were instead being locked away in prison, burdening the justice system, breaking up families and torturing people with a definite disease. On the other side of the argument, however, barriers to change in these policies was led by staunch conservatives who, not realizing the many facets of drug addiction, were too fast to dismiss addicts as criminals who were only getting what some felt they deserved (nysda.org). In reality, however, there are effective solutions to the debate.

Effective Solutions to the Debate

A simple relaxation of drug laws and lighter sentences for minor drug offenses is not the only part of the solution equation. In addition, drug abusers need to receive rehabilitation services to help them to free themselves from the prison of drug abuse, and therefore the literal prison that previously awaited them under such laws as Rockefeller. Until rehabilitation and empathy is universally included, no solution will be effective to any measurable degree. Therefore, in closing, what must be taken away from this research is the conclusion that while change is inevitable, it must be positive and productive if society is to benefit and heal.

References

Current Developments in the Rockefeller Drug Laws. Retrieved November 30, 2007 from the World Wide Web: http://www.nysda.org/Hot_Topics/Rockefeller_Drug_Laws/rockefeller_drug_laws.html

The Rockefeller Drug Laws. Retrieved November 30, 2007 from the World Wide Web: http://www.drugpolicy.org/statebystate/newyork/rockefellerd/index.cfm