Low-level drug users and dealers could face less severe penalties in Maryland under a proposal supporters said encourages rehabilitation rather than incarceration.
A movement to reduce mandatory minimum sentences for minor drug crimes gained momentum Thursday after members of the House of Delegates rejected a watered-down version of the proposal offered by its opponents. If passed, the Smart on Crime Act would create a new misdemeanor category of crime for petty drug possession and possession with the intent to distribute.
Under current law, low-level drug offenders face the same 10-, 25- and 40-year sentences as major dealers, said Del. Curt Anderson, a Baltimore City Democrat backing the proposal.
“This bill reflects what?s going on nationwide,” Anderson said. “We need to draw the line where we can say safely, ?This person is new in the drug market, using drugs in a very small quantity or selling drugs in a very small quantity.?”
The proposal would not affect mandatory sentencing for high-volume dealers or drug manufacturers and applies only to first-time offenders.
But several opponents said the bill sends the wrong message. Del. Pat McDonough, a Baltimore County Republican, said the proposal will take drug ?mules? ? couriers of small quantities of drugs but usually part of large distribution networks ? off the hook.
Others said even small quantities have lucrative street value.
“The amount should be zero,” said Del. Jay Walker, a Prince George?s County Democrat.
Many prosecutors said reducing drug distribution from a felony to a misdemeanor impedes their ability to negotiate. The proposal has drawn the support of David Simon, producer of HBO drama “The Wire,” who said the current system is clogging Baltimore jails with nonviolent, minor offenders. Simon said he did not think the bill would pass.
