The Worst Drug Laws

The Worst Drug Laws

Copy Link
Facebook
X (Twitter)
Bluesky
Pocket
Email

Adrian Wilson can’t make a lobbying trip to Albany anytime soon: The New York State Department of Corrections does not escort its prisoners to the state capital for teach-ins. But his story–typical of the 22,000 nonviolent drug offenders in New York’s cellblocks on any given day–could serve as the centerpiece of the campaign now under way for the long-overdue repeal of the notoriously punitive Rockefeller drug laws. In 1983 Wilson, an African-American, then 29, was arrested for drug possession–his first offense–and prosecutors offered him a plea bargain that would have required him to undergo electroshock treatments and eight months’ incarceration. Wilson chose instead to exercise his constitutional right to a trial. Convicted of possessing four ounces of cocaine, instead of eight months he faced a mandatory prison term of fifteen years to life.

No single moment in the history of US criminal justice matches the destructive impact of the New York legislature’s 1973 session. That was when Governor Nelson Rockefeller set the tone for a national wave of prison-packing schemes with the drug laws that bear his name. As Wilson’s case illustrates, the Rockefeller drug laws combined two regressive criminal justice policies into a new and potent brew: They prescribe imprisonment rather than treatment for drug offenders, and they establish mandatory minimum sentences and give the power to decide sentences to the prosecutors, who choose charges, rather than to the judges hearing cases.

The outcome, repeated thousands of times daily around the country: Nonviolent drug offenders like Wilson get punished not in proportion to any presumed threat to society but for daring to inconvenience prosecutors with a trial. With built-in incentives for police and prosecutors to concentrate on low-level users and with racial discrimination an inevitability, the Rockefeller drug laws are the ancestor of just about every regressive criminal justice policy since enacted–three-strikes laws, federal sentencing guidelines and zero-tolerance police sweeps.

With the cost for imprisoning Rockefeller drug offenders topping $710 million per year, Governor George Pataki has at last proposed a package of reforms reducing minimum drug sentences and expanding treatment. Assembly Democrats–many of whom have dodged the issue for years until Pataki opened the door–have upped the ante, proposing more sweeping discretion for judges and more money for drug treatment. The Correctional Association of New York and a broad array of activist, religious and legal-reform groups have launched a Drop the Rock campaign (kicked off with a March 1 forum in Manhattan co-sponsored by the Nation Institute), which on March 27 will bring thousands to Albany for a day of teach-ins and citizen lobbying. Only a handful of district attorneys, worried about losing their sentencing leverage in plea bargains, are holding out for the Rockefeller status quo.

So the question is not whether New York will reform but if reform will go far enough. Pataki’s plan would not give judges any more discretion for Class B felonies, the most commonly charged drug offenses in New York, and would actually increase some minimum sentences. Pataki would allow prosecutors to handpick the offenders tracked into treatment–a certain recipe for abuse and another usurpation of the proper authority of judges. Perhaps most important, Pataki has so far come nowhere near proposing a budget for drug treatment commensurate with the need. Drug-law reform without a commitment to drug treatment is a half-measure, similar to the 1980s deinstitutionalization of psychiatric patients with no system of community mental healthcare in place.

New York, which for years styled itself as a pioneer in criminal justice policy, is now playing catch-up to states like California, whose voters last November overwhelmingly approved a treatment-over-prison referendum for first- and second-time offenders, or Colorado and Nevada, which have passed medical-marijuana measures. But the Rockefeller laws are the founding charter of the failed war on drugs, and their repeal would turn state reform tremors into an American earthquake. In immediate impact on the lives of the poor and people of color, and as a long-term shift in national priorities, there will be no more important campaign this year. It’s time to Drop the Rock.

Support independent journalism that does not fall in line

Even before February 28, the reasons for Donald Trump’s imploding approval rating were abundantly clear: untrammeled corruption and personal enrichment to the tune of billions of dollars during an affordability crisis, a foreign policy guided only by his own derelict sense of morality, and the deployment of a murderous campaign of occupation, detention, and deportation on American streets. 

Now an undeclared, unauthorized, unpopular, and unconstitutional war of aggression against Iran has spread like wildfire through the region and into Europe. A new “forever war”—with an ever-increasing likelihood of American troops on the ground—may very well be upon us.  

As we’ve seen over and over, this administration uses lies, misdirection, and attempts to flood the zone to justify its abuses of power at home and abroad. Just as Trump, Marco Rubio, and Pete Hegseth offer erratic and contradictory rationales for the attacks on Iran, the administration is also spreading the lie that the upcoming midterm elections are under threat from noncitizens on voter rolls. When these lies go unchecked, they become the basis for further authoritarian encroachment and war. 

In these dark times, independent journalism is uniquely able to uncover the falsehoods that threaten our republic—and civilians around the world—and shine a bright light on the truth. 

The Nation’s experienced team of writers, editors, and fact-checkers understands the scale of what we’re up against and the urgency with which we have to act. That’s why we’re publishing critical reporting and analysis of the war on Iran, ICE violence at home, new forms of voter suppression emerging in the courts, and much more. 

But this journalism is possible only with your support.

This March, The Nation needs to raise $50,000 to ensure that we have the resources for reporting and analysis that sets the record straight and empowers people of conscience to organize. Will you donate today?

Ad Policy
x