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Question of the day

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* Right now, getting busted for possessing even less than a gram of cocaine/heroin/morphine/etc. results in a Class 4 felony with a penalty of 1-3 years behind bars…


Mayor Emanuel asks committee of state lawmakers to make weed possession a ticketable offense and make 1g of any drug a misdemeanor.

— Patrick Smith (@pksmid) September 23, 2014

This is all in the context of lowering some penalties in order to free up prison space so that penalties on violent, armed offenders can be increased.

* The Question: Do you agree with Mayor Emanuel’s idea to make possession of less than a gram of drugs like cocaine a misdemeanor? Take the poll and then explain your answer in comments, please.


online polls

posted by Rich Miller
Tuesday, Sep 23, 14 @ 11:50 am

Comments

  1. Would Rahm want his kids to take drugs? We can do better! Williamjkellyforchicago.com

    Comment by William j Kelly Tuesday, Sep 23, 14 @ 11:52 am

  2. Voted yes. For the record any amount of cocaine is bad but is a question of best use of resources.

    Comment by Stones Tuesday, Sep 23, 14 @ 11:53 am

  3. Legalize. Stop making criminals millionaires. Tax the stuff. Use tax money to fund drug education and rehabilitation.

    Comment by Ducky LaMoore Tuesday, Sep 23, 14 @ 11:54 am

  4. ===Would Rahm want his kids to take drugs?===

    C’mon. What does that have to do with anything? I wouldn’t want my kid to do drugs, either, but I also wouldn’t want her doing three years in the state pen for less than a gram.

    Comment by Rich Miller Tuesday, Sep 23, 14 @ 11:54 am

  5. There’s 2 problems - being illegal funds bad people (gangs, cartels, terrorists etc) and unnecessarily and expensively puts people in jail. Decrim solves latter but not former, so it’s a step in the right direction - a la civil unions

    Comment by Anonymous Tuesday, Sep 23, 14 @ 11:57 am

  6. Voted No. At what point does this end? decriminalization equals normalization. These drugs are illegal for a reason, they have tremendous negative impacts on peoples lives. Keep the penalty as is, but beef up the rehab resources available while in lock up.

    Comment by John A Logan Tuesday, Sep 23, 14 @ 11:58 am

  7. Whatever drug William j Kelly is on should be legalized. I want some of that!

    Comment by Western Ave. Doug Tuesday, Sep 23, 14 @ 12:00 pm

  8. Ok, 1.0 gram = .035274 of an ounce.

    IMO, a common sense reform.

    Comment by Judgment Day Tuesday, Sep 23, 14 @ 12:03 pm

  9. its a good first step, but we should have a serious public dicussion about legalizing and regulation.

    Comment by RMWStanford Tuesday, Sep 23, 14 @ 12:03 pm

  10. No.

    According to the DEA, the Sinaloa cartel and others have already turned Chicago into a major transportation and distribution point. If Rahm wants to increase funding for police and rehabilitation programs, maybe we can talk.

    But otherwise, combining more drugs flooding into our population with decriminalization, fewer police, and less funding for public health and rehab programs is a man-made disaster.

    Comment by Formerly Known As... Tuesday, Sep 23, 14 @ 12:05 pm

  11. Why clog the jails with harmless people? I voted yes.

    Comment by Because I say so... Tuesday, Sep 23, 14 @ 12:07 pm

  12. In other words, a little pot is not the same as “a little meth” or “a little heroin”.

    Just ask the ILGA task force working on the issue and addressing the recent spike in heroin overdoses, etc. among teenagers.

    Marijuana is one thing. This is another.

    Comment by Formerly Known As... Tuesday, Sep 23, 14 @ 12:09 pm

  13. If nothing else I think I have proven I am not a big fan of hypocrisy, I am sick of Rahm having one set of rules, standards and opportunities for his friends and family and a different set for the rest of us. With Rahm there is always a public reason for what he pushes and a real reason for what he is pushing, red light cameras, uber, and on and on and on.

    Comment by William j Kelly Tuesday, Sep 23, 14 @ 12:09 pm

  14. I think the jury has voted and criminalization of drug use, possession and sale doesn’t work. Legalize it, tax it and use the proceeds for treatment and education.

    Comment by Cook County Commoner Tuesday, Sep 23, 14 @ 12:12 pm

  15. ===addressing the recent spike in heroin overdoses, etc. among teenagers. ===

    Yeah, exactly right. The current prohibition and felony penalties don’t appear to be working. At all.

    Comment by Rich Miller Tuesday, Sep 23, 14 @ 12:12 pm

  16. I wobbly voted yes. We do need more space for violent jerks. I would strongly favor a fine that cuts more than a little fat and a requirement to go to a class that explains how dangerous cocaine is. Sadly, every person who’s hooked started with less than a gram. But given the hard choice; Leave Barabbas in prison.

    Comment by A guy... Tuesday, Sep 23, 14 @ 12:15 pm

  17. You get caught with less than a gram of any drug and you’re a user, not a dealer. Is locking someone up for getting high worth the roughly worth the roughly $40,000 it costs to incarcerate a person for a year? Even if you do mandatory rehabilitation that number would be dramatically less. Not to mention recidivism. I think that money could be spent better else where, like education or healthcare. Or if you’re not into a more robust government, maybe we could lower some taxes.

    Comment by Drew Tuesday, Sep 23, 14 @ 12:15 pm

  18. Revenue from tickets, less money spent on state’s attorney’s, judges, court employees, jail employees.
    Why not?

    Comment by 3rd Generation Chicago Native Tuesday, Sep 23, 14 @ 12:17 pm

  19. Read it too fast, pulled the trigger and voted for complete legalization. Thinking about it, I still would vote for complete legalization.
    No, I wouldn’t want my grandkids on drugs, but a certain number of people are going to die from certain things, be it drugs, guns, automobile accidents, road construction accidents, trips and falls in the home, etc.,etc.
    I’ll probably die from kidney failure as a result of diabetes. We can’t save everybody from themselves. Legalize it and tax it, society needs the money more to help those who want help…

    Comment by downstate commissioner Tuesday, Sep 23, 14 @ 12:19 pm

  20. I voted to legalize and tax. I am not too certain about specifying the use of the tax monies, however. In any case you will still probably have individuals who will “bootleg” drugs, sot that they can undersell those who pay taxes on them. The state will then have a reason to put these dealers in prison, perhaps with shorter sentences.

    Comment by Old Sarge Tuesday, Sep 23, 14 @ 12:21 pm

  21. Decriminalization, yes. Legalization, no. Rich, I know you and I strongly disagree on this one, but I think you should do a QOTD on pot legalization.

    Comment by Chicago Cynic Tuesday, Sep 23, 14 @ 12:23 pm

  22. Actually besides all the crime and violence issues related to drug prohibition the fact that certain drugs are illegal likely results in more deaths.

    Think MDMA or “club drugs” for example. No one taking such an illegal drug can be sure of the “dose” they’re getting. Hence they may take too much and OD and their parents end up paying for hospitalization if they’re lucky and a funeral if they’re not.

    I’ve never taken any illegal drugs in my life. My personal motto could be “Better Dead than Mellow”, but I’m not going to tell anyone else what do to.

    Legalize it, regulate it, treat it as a public health problem and the negatives that come from drug use will be reduced. Not eliminated… reduced.

    Prohibition doesn’t work unless you want to emulate the Chinese Communists from 1949. Once they won the civil war they tossed opium addicts into a cell for two weeks to dry out. If said addicts used again they executed them.

    Somehow I don’t think mom and pop middle America is ready to start executing people who use illegal drugs. I could be wrong though. I saw a bit the other day about a GOP candidate who is advocating war with Mexico over drugs coming into the USA and illegal immigration.

    He might need to chill out. Anyone recommend any drugs he could take?

    Comment by IrishPirate Tuesday, Sep 23, 14 @ 12:25 pm

  23. It’s a very good idea. The mass threshold could be debated, but understand one simple reality here. If you get sentenced to IDOC on a class 4 felony you will not be there long enough to get treatment. It’s not effective if you are there for four months. If this becomes a misdemeanor you will get probation, at least 12 months. And a condition could be treatment.

    Comment by anon Tuesday, Sep 23, 14 @ 12:25 pm

  24. == The current prohibition and felony penalties don’t appear to be working. At all. ==

    Definitely. Also, a Class 4 felony is far too much for a first or even second offense.

    But Rahm’s “plan” fails to sufficiently address any of the other concerns regarding the increase in drug trafficking through Chicago, the increase in drug related violence in Chicago, the reduced number of police officers, the cuts to public health services or the lack of equal access to rehab options for those addicted to heroin, cocaine, meth or similar drugs. He needs to do better on this, imho, if he wants to be one of the first big cities to do this with these drugs.

    Comment by Formerly Known As... Tuesday, Sep 23, 14 @ 12:30 pm

  25. Get the stoners out of the joint so there’s room for the gunslingers and gangbangers.

    Comment by Ray del Camino Tuesday, Sep 23, 14 @ 12:37 pm

  26. yes. small enough amount that it’s not a dealing issue. but just go ahead and legalize all of it and put the illegal dealers out of business.

    Comment by Amalia Tuesday, Sep 23, 14 @ 12:37 pm

  27. Complete legalization for all the reasons already mentioned above.

    Comment by Nuclear Bozo Tuesday, Sep 23, 14 @ 12:39 pm

  28. == decriminalization equals normalization ==

    When a drug is decriminalized, possession of small amounts is still a legal violation that brings a fine, not incarceration. In short, decriminalization does not equal either legalization or normalization.

    Comment by Anon Tuesday, Sep 23, 14 @ 12:40 pm

  29. Drug laws are much too draconian and are too often used disproportionately to imprison minorities. Make it legal and treat it as a health/education issue.

    Comment by Bunson8r Tuesday, Sep 23, 14 @ 12:42 pm

  30. FKA: You cite the increasing flow of illicit drugs despite heavy criminal penalties, and use that to defend the status quo. Isn’t it pretty obvious that the status quo has not worked very well, despite giving US the world’s highest incarceration rate?

    Comment by Anon Tuesday, Sep 23, 14 @ 12:42 pm

  31. I voted ‘Yes.’

    Savings should be used to restore funding for substance abuse treatment in Illinois.

    I am for decriminalizing, but I have shifted away from turning drug use into a state money maker.

    We ought to recognize that the misuse of at least some controlled substances has serious public health consequences.

    Comment by Yellow Dog Democrat Tuesday, Sep 23, 14 @ 12:45 pm

  32. It’s a good idea for a short term solution, but increase the amount. long term legalize and tax.

    if we got over our ridiculous phobia of certain drugs…. we have legalized far worse and far more highly addictive drugs manufactured in highly pure forms by the drug companies… we could focus those resources and more important porblems.

    Between tax revenues, and reducing the cost of imprisoning people and making it hard for them to find work, we woul dbe flush with cash. We could then use the money gained and saved to hire more law enforcmeent to protect areas that are prone to violence. Instead f throwing people in jail and hosuing them for small amounts of non-prescription drugs, because they can afford a doctor feel good, we could have heavy police patrols, after school programs to keep kids out of trouble, job development etc.

    Comment by Ghost Tuesday, Sep 23, 14 @ 12:48 pm

  33. I would ad, one of my big problem with the “anti-drug” push is that it is not anti-drug. It is anti non-prescription drugs. So wealthy people go get prescriptions, and are considered legitmate; low income people go to jail because they cant afford the right kind of drugs.

    Comment by Ghost Tuesday, Sep 23, 14 @ 12:49 pm

  34. Voted No, not sure if it should be a felony, but not sure if we should just say less than a gram is ok for all drugs.

    Would agree that automatic jail for small amounts is stupid.

    Comment by OneMan Tuesday, Sep 23, 14 @ 12:50 pm

  35. == the spike in heroin overdose deaths ==

    That’s under the current legal regime with its heavy criminal penalties. And where buyers aren’t sure of the purity and strength of what’s available on the black market. In other words, the spike in overdose deaths is not the fault of drug reformers, but of the defenders of the status quo.

    On the other hand, commercial legalization of illicit drugs would predictably lead to greater use than we have now. Where we once had to deal with Big Tobacco fighting regulation of smoking, and Big Beer fighting a lower legal limit for DUI, we would have big corporations that sell heroin, cocaine and marijuana lobbying against regulations to discourage use and abuse. We need a better alternative.

    Comment by Anon Tuesday, Sep 23, 14 @ 12:53 pm

  36. The only drugs I’ve ever used for recreational purposes are alcohol and caffeine, but I’m tired of the war on drugs.

    The war serves no interest other than keeping prosecutors employed and making politicians look tough.

    We are filling our prisons with people guilty of nothing other than running a business, and meanwhile, violent offenders walk free.

    People are ending up with criminal convictions making them tough to employ once they get out.

    It is a waste of money and people.

    We need to start acting like adults. Alcohol and drugs are public health issues. They should not be criminal issues.

    So in answer to the question, no, it doesn’t go far enough. We need real leadership. Maybe after he’s re-elected Rahm can be the one to provide that leadership.

    Comment by Gooner Tuesday, Sep 23, 14 @ 12:54 pm

  37. I voted yes but make the amount larger.

    The drug war is an abysmal failure. Drugs are wherever there is demand. So many lives are ruined because of incarceration. So much money is misspent in fighting this lost war.

    How much marijuana and other illegal drugs are in the entire state of Illinois right now? That tells us how successful the drug war has been.

    Comment by Grandson of Man Tuesday, Sep 23, 14 @ 1:03 pm

  38. I’m ok with pot being decriminalized, not so much
    Coke…one of the hardest drugs to kick according
    To addiction experts…

    Comment by Loop Lady Tuesday, Sep 23, 14 @ 1:03 pm

  39. The “war on drugs” has done at least as much to destroy the legal system and the lives of many, esp. young men of color as drugs have. More than time for the pendulum to swing the other direction.

    Comment by D.P.Gumby Tuesday, Sep 23, 14 @ 1:06 pm

  40. Yes, it’s a good idea. While I’m not sure about amounts either way, we need to reduce the amount of times we incarcerate people for drugs. This has extremely large social and economic costs.

    We need to start treating drug addiction as a mental health issue. Charging someone and sending them to prison or jail is going to make someone worse not better.

    Comment by Ahoy! Tuesday, Sep 23, 14 @ 1:07 pm

  41. Although coke and heroin are highly additive, users of small amounts belong in rehab, not prison. People who steal someone’s life savings ( white collar crime) often get less time and in a better facility.

    Comment by The Colossus of Roads Tuesday, Sep 23, 14 @ 1:09 pm

  42. I’m still waiting to see a single demonstrable success from our decades-long War on Drugs.

    – MrJM

    Comment by MrJM Tuesday, Sep 23, 14 @ 1:15 pm

  43. Rahm wants to make this a State Law, and not just for Chicago. Legalize weed and tax it like alcohol. But I can’t wrap my head around reducing the criminalization of other drugs. Voted no as all recreational ‘enhancements’ were lumped together.

    Comment by Bogey Golfer Tuesday, Sep 23, 14 @ 1:16 pm

  44. No matter what, keep it all out of outdoor beer gardens.

    Comment by A guy... Tuesday, Sep 23, 14 @ 1:17 pm

  45. I voted yes. Um, what was the question again?

    Comment by Knome Sane Tuesday, Sep 23, 14 @ 1:17 pm

  46. The war on violent crime is an abysmal failure. Violent crime happens everywhere people live. So many lives are ruined because of incarceration. So much money is misspent in fighting this lost war.

    How many murders and violent crimes are occurring in the entire state of Illinois right now? That tells us how successful the war on murders and violent crimes has been.

    Comment by Freezeup Tuesday, Sep 23, 14 @ 1:17 pm

  47. =If nothing else I think I have proven…=

    Dude, you have proven a LOT about your self.

    Comment by Anonymous Tuesday, Sep 23, 14 @ 1:19 pm

  48. Loop lady, some of the hardest addictions to kick are actually from prescription drugs.

    These are highly refined. they are basically barbiturates, stimulants, and opiates: Klonopin & Valium, Oxycodone, Demerol, Codeine, Ritalin, Xanax, Percocet etc etc.

    The difference is one of access. people with money can go for these lawfull highs, while those who lack recoruces tend towards the non-lawful drug.

    Addtiction, danger etc are just sterotypes to keep certain preffered drugs as accepted while outlawing other drugs for no logical reason for the segregation. We need to stop making delineations which impact low income people, particualry when we dont really have a problems with drugs, we just have a problems with drugs not sold by large pharmacies.

    Comment by Ghost Tuesday, Sep 23, 14 @ 1:36 pm

  49. Anon 12:42 - you misunderstand my point.

    It is not a defense of the status quo. It is that decriminalization represents one element of many on this issue, and that if we are going to move on the decriminalization front we must also move on those other fronts simultaneously to ensure it is done properly.

    Go full legalization, for all I care. Just do it in a thorough and proper manner that addresses all the moving parts of this issue. Otherwise it will create bigger problems.

    Comment by Formerly Known As... Tuesday, Sep 23, 14 @ 2:13 pm

  50. I think we should legalize, regulate, and tax marijuana. Illinois is broke and this could be a huge revenue stream. As for the hard drugs, drop charges down from felony to misdemeanor with mandatory treatment instead of incarceration. It’s much cheaper to treat than incarcerate.

    Comment by RealChicagoHousewife Tuesday, Sep 23, 14 @ 2:20 pm

  51. @ OneMan: “Would agree that automatic jail for small amounts is stupid.”

    That’s not the current penalty. It’s 1-3 years IF you get a penitentiary sentence. It’s very rare for a first offender to get a penitentiary sentence. They are far more likely to be placed on probation (if not a type of probation that results in the person not having a conviction, and in some cases expungement of the record) or deferred to a drug court program.

    Comment by Joan P. Tuesday, Sep 23, 14 @ 2:23 pm

  52. Keeping pot possession illegal means that only criminals get to use pot and that simply ain’t fair.

    Comment by Buddy Tuesday, Sep 23, 14 @ 2:32 pm

  53. I voted ‘yes’ because I think it’s the best achievable thing at the moment. I see people with cognitive disabilities and no personal support system going through the system again and again with worse and worse penalties, and it’s such a waste. That does not mean people who take drugs and then commit crimes don’t go unpunished. I think that’s the point where some people get hung up.

    Comment by Earnest Tuesday, Sep 23, 14 @ 3:13 pm

  54. Yes. Too many non-violent felonies on the books.

    They’re routinely used by prosecutors to leverage defendants to plead guilty to misdemeanors.

    But a felony arrest can stick to you just as long as a felony conviction and are impossible to get rid of — making it virtually impossible to get a job, credit, a mortgage, etc.

    –Furthermore, what is often forgotten is that many people who have been arrested — and, therefore, technically have a criminal record that shows up on a background check — were never convicted of a crime. This is true not only among those charged with minor crimes, but also for many individuals arrested for serious offenses. A snapshot of felony filings in the 75 largest counties, for example, showed that approximately one-third of felony arrests did not lead to conviction.[4]–

    http://www.nij.gov/journals/270/Pages/criminal-records.aspx

    Comment by wordslinger Tuesday, Sep 23, 14 @ 3:18 pm

  55. Speaking of felonies, here’s some of that rampant vote fraud that the GOP is always telling us about.

    Unfortunately, voter ID wouldn’t have prevented this crime.

    http://politics.suntimes.com/article/springfield/state-rep-candidate-voted-illinois-and-wisconsin/mon-09222014-643pm

    Comment by wordslinger Tuesday, Sep 23, 14 @ 3:21 pm

  56. They’re routinely used by prosecutors to leverage defendants to plead guilty to misdemeanors. —

    Um, no they are not. Prosecutors use higher level felonies to plead to lower level felonies. Not felonies to misdemeanors. Love a link to back that up if you have one.

    Comment by Anonymous Tuesday, Sep 23, 14 @ 4:13 pm

  57. “This is all in the context of lowering some penalties in order to free up prison space so that penalties on violent, armed offenders can be increased.”

    Oh, really? Explain, please.

    Comment by crazybleedingheart Tuesday, Sep 23, 14 @ 4:45 pm

  58. Voted Yes, but increase the amount. Then i read the No, Legalize option and wish i wouldn’t have jumped the gun on voting for the first answer i agreed with.

    For those opposed, how is the war on drugs different than alcohol prohibition? Legalization allows for regulation and quality controls. Decrim. or illegal allows gangs and cartels to control the production and distribution. Yes, drug are dangerous but that is the reason to legalize, not to force it into the shadows of an illegal/underground market. Guess how many drug dealers ask for an ID to but their product? Compare that to how many bars, gas stations and other retailers who have a liquor or tobacco licenses and you’ll see that regulation can greatly reduce overdose deaths and underage usage.

    New study say IL could rake in 126,000,000 if we legalize ganja
    http://www.nerdwallet.com/blog/cities/economics/how-much-money-states-make-marijuana-legalization/

    Want to learn about a group of former law enforcement officers who say legalize drugs: http://www.leap.cc/

    As the bumper sticker on my car says: Save our Children, Legalize Drugs, Law Enforcement Against Prohibition

    For a more entertainment based view on why the drug war has failed watch The Wire, an excellent series that looked at the relationship between drugs, police, schools, union dock workers, the media and politics.

    Comment by Abraham Froman Tuesday, Sep 23, 14 @ 4:45 pm

  59. “Um, no they are not.”

    They most certainly are. A common felony-to-misdemeanor charge reduction is PCS to paraphernalia. Theft over $ to theft under $. CDP over $ to CDP under $. Agg batt to batt. And so forth.

    Of course, this depends on your prosecutor, which depends on your geography. Plus the facts. Plus, most importantly, the secret sauce of “discretion.”

    Comment by crazybleedingheart Tuesday, Sep 23, 14 @ 4:52 pm

  60. The main thing this would do is reduce the administrative overhead by a lot. I am not convinced we have jails full of first time offenders of small amounts…it’s mostly the repeat offenders or dealers, or in combination with other crimes. But if the result in most cases is probation, there are still an enormous amount of attorney fees, court costs, etc. that could be put to better use. Make it like a P-ticket.

    Comment by Six Degrees of Separation Tuesday, Sep 23, 14 @ 5:18 pm

  61. Then we are agreed. The traffic in drugs will be permitted, but controlled, and Don Rahm will give up protection in the East – and there will be the peace.

    Comment by Don Barzini Tuesday, Sep 23, 14 @ 7:31 pm

  62. I voted “yes” but I have to admit that cocaine makes me nervous. I know way too many people who have had issues with it.
    But, I just do not see that the War on Drugs has worked since there seems to be no abatement on people using them. Plus, the prisons are clogged with these small time offenders.
    At this point, I think Rahm would say anything to stay Mayor and this is part of that plan.

    Comment by Belle Tuesday, Sep 23, 14 @ 7:52 pm

  63. Freezeup:

    Murder=possession of personal amount of a (presently) controlled substance .

    Yep- exactly the same thing.

    Dope (indeed)

    Comment by Roadiepig Wednesday, Sep 24, 14 @ 8:34 am

  64. Roadie pig, my point is that whenever someone starts the “war on drugs” line of argument, the word “drugs” can be eliminated and replaced with any crime you can think of. There is not a true war on drugs. Large amounts of money ,(admittedly disproportionate), are spent to control drugs. Just as large amounts of money are spent in t he war on DUI. The problem cannot be eliminated but it can be reduced, correct? And the cops are certainly part of the problem because they benefit from crime, like that paycheck from a DUI enforcement detail you likely have cashed. Or the OT from the war on car theft or the war on speeding or the war on occupant restraint violations. That’s fighting the good fight though right?

    You cops are all the same, lol.

    Comment by Freeze up Wednesday, Sep 24, 14 @ 5:23 pm

  65. === Just as large amounts of money are spent in t he war on DUI===

    Not. Even. Close.

    Try again.

    Comment by Rich Miller Wednesday, Sep 24, 14 @ 5:27 pm

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