Letter: In support of reclassifying drug possession from felony to misdemeanor

Posted 4/4/19

In the coming weeks, a hearing will occur that will propose a bill, Reclassifying Drug Possession from a Felony to a Misdemeanor Charge. At first glance, many will say, “Why should we reduce a …

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Letter: In support of reclassifying drug possession from felony to misdemeanor

Posted

In the coming weeks, a hearing will occur that will propose a bill, Reclassifying Drug Possession from a Felony to a Misdemeanor Charge. At first glance, many will say, “Why should we reduce a drug charge?” I would like to provide some information that will inform the community of what the bill means and the benefits of the bill proposal.

What will this bill do?

This bill, which was introduced by the R.I. Attorney General and sponsored by Rep.s Slater and Sen. McCaffrey, reclassifies simple drug possession from a felony to a misdemeanor charge.

This reduces the penalties of drug possession from up to three years in prison and a fine of up to $5,000 to up to one year in prison and a fine of up to $500.

What are the benefits of this bill?

Increasingly, we recognize that someone with substance use disorder is living with a disease that requires support and treatment, rather than a costly and ineffective incarceration-based approach. This bill better aligns our criminal laws with this understanding. Furthermore, this change would eliminate many of the barriers that people with a felony record face that prevent them from accessing important recovery supports

What are the barriers of a felony record?

When someone has a felony record, their opportunities are often limited in areas such as: employment, occupational licensing, housing (public housing as well as many private landlords), the right to bear arms, serving on a jury, federal educational aid (e.g. Pell Grants), becoming a foster or adoptive parent, volunteering at a school, and benefits including grants, contracts, and loans, when they are funded by the U.S. government.

What have been the results from other states?

Several other states (including Connecticut, Oklahoma, Utah, California, Oregon, and Alaska) have implemented this policy change. These states have seen a huge reduction in corrections costs, which have been reinvested in treatment and other supportive services. These states have also seen decreased rates of recidivism. These reforms have increased access to housing, employment, and other services by eliminating the effects of a felony record.

What organizations support this effort?

• Some of the organizations that support this effort are: The Office of the Attorney General, the Office of the Public Defender, Rhode Island Medical Society, Parent Support Network, R.I. Latino Political Action Committee, Addiction Policy Forum, Latino Policy Institute, House of Hope Community Development Corporation, Direct Action for Rights and Equality, RICARES: Rhode Island Communities for Addiction Recovery Efforts, and many others.

 I would like to strongly stress that punishment is not always the answer to an illness or crisis. Research shows that community-based treatment is the most effective approach in terms of both individual outcomes and financial costs.

Scott Proto
Bristol

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