Gilmore proposes stiffer drug penalties

Drug dealers and users in California may be in for harsher prison sentences if the state Assembly passes two new bills aimed at increasing punishment for people caught with methamphetamine or ecstasy.

Assemblyman Danny Gilmore, R-Hanford, introduced two new bills into legislation last week that will reclassify the penalties people face when they are found possessing, transporting or selling certain drugs.

"I want to bring about these bills to equalize penalties for possession of meth or ecstasy to the level of being in possession of cocaine or heroin," Gilmore said. "Right now, it is not the same. Our standards for classifying ecstasy doesn't even line up with the Feds and we are talking about very dangerous drugs that are very popular in the drug culture."

Bills 858 and 748 will make it so people charged with the possession and use of methamphetamine will face state prison sentences between two and four years, as opposed to the previous 16 months to three years in state jail.

Methylenedioxymethamphetamine, also known as MDMA or ecstasy, will be treated as a "Schedule II" drug in California, which will reportedly ensure that prosecutors are not spending time and resources arguing the demerits of MDMA, instead of the merits of the case, according to Gilmore.

"Meth is a destructive drug," Gilmore said. "It is very costly to California taxpayers. For most people, meth is the choice drug and the Valley is just a huge distribution center.

"I think these changes I have proposed are long overdue."

For every 100,000 people in California, 244 of them were arrested for misdemeanor drug offenses in 2007, according to data gathered by the California Department of Justice, while another 382 people were arrested on felony drug charges.

Locally, 610 for every 100,000 people were arrested on misdemeanor drug charges and 235 were arrested for a felony drug offense.

Officials with the California State Attorney General's Office said California is home to 80 percent of the nation's meth labs, and is currently the leading exporter of illegal drugs to other states.

But while the need for increased drug enforcement seems evident, the methods proposed in Gilmore's bills may run into trouble.

Longer prison sentences could pose additional problems in California, since the state is already suffering from chronic prison overcrowding. Federal judges ruled in early February that the California Department of Corrections and Rehabilitation would need to reduce overcrowding in state prisons by as many as 55,000 inmates by 2012.

Gilmore said he is working with a group of legislators to address this issue.

"We never want to put public safety at risk," Gilmore said. "However, the people that are dealing this stuff are wreaking havoc on our homes and families and inflicting misery on people. That far outweighs other concerns, in my estimation."

Bakersfield attorney Dennis Beaver said there is reason to worry that the court system may not follow the required prison sentences outlined in the bills.

"I like the idea of the bill; the question is, will courts actually sentence people according to the time allowed?" Beaver said. "With jails being so overcrowded at the moment, they might be hesitant to sentence people to longer terms. And if they don't enforce it, what kind of message will that send to the criminals?"

Beaver went on to say that, despite some misgivings, he thinks the changes to the law will have a positive effect on the community.

"A lot of data proves that if there is exposure to a long prison sentence, it will deter criminality," Beaver said. "It is the absence of punishment that encourages repeat criminal behavior. Any criminal defense attorney who has worked for 15 to 20 years will tell you that the clients who do hard time don't want to do it again. Jail is a horrible place and it can have a powerful impact on people. This could work well as a deterrent."

The bills, which were introduced on Feb. 26, will not be heard before a public safety committee for another 30 days. They will need to win a majority vote in the state Assembly in order to pass.

The reporter can be reached at 583-2425.

(March 7, 2009)