From Our Point of View: Drug Law Penalties Should Fit The Crime

AT FIRST glance, John Sinclair's sentencing on a marijuana conviction, third offense, seems like a classic case of the punishment not fitting the crime. At closer look, the law itself is the worst offender. The state narcotics law is unduly harsh and clearly not working toward the ends for which it was intended, i.e., to stop drug traffic. Sinclair, Ann Arbor White Panther leader and business manager of the MC-5 rock band, was sentenced Monday to nine-plus years in prison for possession of pot. Outside of Trans-Love Energies, Sinclair has few friends in Ann Arbor and we use his case only to point out the law's discrepancies. MICHIGAN law sets down a mandatory 20-year prison term for conviction of selling narcotics. It doesn't matter whether the dope pusher is selling pot or the hard stuff such as heroin or cocaine, he still gets a 20year rap. That's just one of the law's freakish turns. er is that the penalty does not have a deterrent value. The sale and possession of drugs are on the increase in the state. Clearly that 20year jail stretch has not had much of an inhibiting effect. When the case comes to court, the person standing trial on a narcotics charge naturally is going to plead not guilty. And since it's often difficult to get a conviction on the charge of selling narcotics, what happens is that the , accused person stands trial on a charge of possession. Possession carries a lighter sentence. This sentence may be further reduced if the convicted individual has enough money to retain a good lawyer and put up a strong defense. Juries ought to be able to reach a fair decision with more choices than they now have. As we said, the law doesn't distinguish between pot and the hard stuff as it pertains to sale of narcotics. Juries should be given the opportunity to be more lenient in pot cases, which is what narcotics law reform would do.