Exclude Small Quantities of Class D Substance from Mandatory Minimum Laws
Exclude Small Quantities of Class D Substance from Mandatory Minimum Laws
The Issue
Mandatory minimums are not fair and are hurting our teenage children.
Most people that talk about mandatory minimums are talking about sales of large quantities of drugs or talking about minimums served for cocaine or heroin distribution. I am talking about Marijuana. I am also talking about under an ounce which has been decriminalized in the State of Massachusetts. Mandatory minimums also cover small amounts of a Class D substance in a school zone. The people of Massachusetts are not aware that is happening. But, I assure you it is.
When you are caught distributing any type of drug in a school zone the mandatory minimum sentence is two years. If you have a couple of grams or a pound the sentence is the same. I agree that we do not want drug dealers approaching our children at school and selling them drugs. I am not talking about that.
Let me break this down. First the school zone is 1,000ft from the school. That is more than 3 football fields. It does not matter what time of day or night or day of the week. It doesn’t matter if school is in session or not.
So, how does this hurt our teenage children? In High School many 17 and 18 year olds are experimenting with Marijuana. This can land them in jail for two years on a first offense.
Consider this. Two high school seniors ages 17 and 18 are experimenting with marijuana. One purchases a quarter ounce and sells a small amount to his friend. He gets caught. Not at the school, but within 1,000ft of the school. Not while school is in session, but on a Friday night. He is charged with distribution in a school zone and faces two years in jail. Is this what we want?
Let me tell you the story about young man I personally know who is in jail for two years for 6 grams ($50) of marijuana. He sold $10.00 worth to a friend. The friend was scared when questioned by police and told the police he bought it from him. He was arrested and charged with distribution. At the police station he too was convinced by the police to confess to the exchange with other kid. Two kids telling police the truth. Because they were never arrested they trusted the police and told what happened. In court his statements were used to convict him of distribution in a school zone and he was sentenced to two years in prison. It did not matter that he was not on school property or that it was late at night when school was not in session. It fell within the school zone so he was given a mandatory minimum sentence. The judge did not want to put him in jail for two years, but had no choice. No choice because of the Mandatory Minimum laws in Massachusetts school zones. This will cost the state approximately $90,000 to $100,000 to keep this kid in jail for two years for a first offense with a very small amount of Marijuana. This is not just a waste of money, but, it will take away two years of this young mans life. After being in jail for two years he will be hardened and more likely to commit a real crime.
Is this what we want to do to our youth. I say no. We need to help them instead. Educate them on drugs. Give them drug testing to make sure that they stay clean. Someone like this deserves a second chance, but because of the mandatory minimums he will not get it.
I ask you to write your Lawmakers to exclude small quanities of a Class D substance from the mandatory minimums laws. Our first step should be to immediately eliminate the mandatory minimums for anything under one ounce of a class D substance. The second step would be to remove the felony clasification giving to these young people serving time for under and ounce of a Class D substance.
Stand with me against this great injustice. Save our children.
The Issue
Mandatory minimums are not fair and are hurting our teenage children.
Most people that talk about mandatory minimums are talking about sales of large quantities of drugs or talking about minimums served for cocaine or heroin distribution. I am talking about Marijuana. I am also talking about under an ounce which has been decriminalized in the State of Massachusetts. Mandatory minimums also cover small amounts of a Class D substance in a school zone. The people of Massachusetts are not aware that is happening. But, I assure you it is.
When you are caught distributing any type of drug in a school zone the mandatory minimum sentence is two years. If you have a couple of grams or a pound the sentence is the same. I agree that we do not want drug dealers approaching our children at school and selling them drugs. I am not talking about that.
Let me break this down. First the school zone is 1,000ft from the school. That is more than 3 football fields. It does not matter what time of day or night or day of the week. It doesn’t matter if school is in session or not.
So, how does this hurt our teenage children? In High School many 17 and 18 year olds are experimenting with Marijuana. This can land them in jail for two years on a first offense.
Consider this. Two high school seniors ages 17 and 18 are experimenting with marijuana. One purchases a quarter ounce and sells a small amount to his friend. He gets caught. Not at the school, but within 1,000ft of the school. Not while school is in session, but on a Friday night. He is charged with distribution in a school zone and faces two years in jail. Is this what we want?
Let me tell you the story about young man I personally know who is in jail for two years for 6 grams ($50) of marijuana. He sold $10.00 worth to a friend. The friend was scared when questioned by police and told the police he bought it from him. He was arrested and charged with distribution. At the police station he too was convinced by the police to confess to the exchange with other kid. Two kids telling police the truth. Because they were never arrested they trusted the police and told what happened. In court his statements were used to convict him of distribution in a school zone and he was sentenced to two years in prison. It did not matter that he was not on school property or that it was late at night when school was not in session. It fell within the school zone so he was given a mandatory minimum sentence. The judge did not want to put him in jail for two years, but had no choice. No choice because of the Mandatory Minimum laws in Massachusetts school zones. This will cost the state approximately $90,000 to $100,000 to keep this kid in jail for two years for a first offense with a very small amount of Marijuana. This is not just a waste of money, but, it will take away two years of this young mans life. After being in jail for two years he will be hardened and more likely to commit a real crime.
Is this what we want to do to our youth. I say no. We need to help them instead. Educate them on drugs. Give them drug testing to make sure that they stay clean. Someone like this deserves a second chance, but because of the mandatory minimums he will not get it.
I ask you to write your Lawmakers to exclude small quanities of a Class D substance from the mandatory minimums laws. Our first step should be to immediately eliminate the mandatory minimums for anything under one ounce of a class D substance. The second step would be to remove the felony clasification giving to these young people serving time for under and ounce of a Class D substance.
Stand with me against this great injustice. Save our children.
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Petition created on June 9, 2010



