February 2002

Two Cents' Worth

by Mark Panitch, Editor

The WSBA Board of Governors (BOG) is urging the Legislature to adopt the "medical model" for dealing with addicts and small-scale, non-violent drug dealers.

When I graduated from college in the mid-1960s, the war on drugs was already old news. It was also an old joke. College students showed the classic 1938 film Reefer Madness and other lurid propaganda films like Devil's Harvest and Marijuana: Weed With Roots in Hell to raise money for communal "dope runs" to Arizona. But with the official declaration of the "war on drugs" in 1982 by the Reagan administration, the stakes quickly rose. Getting busted suddenly was no laughing matter.

Congress and state legislatures doubled and tripled sentences for drug crimes. The new sentences were justified by pointing to an epidemic of "inner city" gang violence related to the sale of crack cocaine. As a variety of commentators have pointed out, these days the top sentences for delivery of small amounts of crack cocaine can be longer than sentences for murder.

Ironically, it is the cost of incarcerating so many addicts and small-time dealers that is now catching the attention of legislators when the gross unfairness of many sentences did not. The situation also caught the attention of the King County Bar Association, the Washington State Medical Association and the Washington State Pharmacists Association. At the November 30-December 1 BOG meeting, after a presentation by the King County Bar drug task force, governors debated, but could not decide, what to do with the issue.

However, a few weeks later the governors courageously took a second look and decided it was time to act. The BOG passed a resolution urging the Legislature to adopt the medical model for drug use by addicts and small-scale dealers.

Because this action is both controversial and timely, Bar News feels that every WSBA member should be able to see exactly what was — and what was not — said. The resolution is printed in full below.

The Board of Governors of the Washington State Bar Association has reviewed the work of the King County Bar Association Drug Policy Project: Conclusions, Recommendations and Principles Adopted by the Board of Trustees. The board reviewed the reports of three of the task forces formed under the KCBA Drug Policy Project, and heard presentations by the chairs and representatives of four of the task forces. The board reviewed the resolutions of the Washington State Medical Association, Alternatives to Incarceration for Illegal Controlled Substances, and Improving Drug Addiction Treatment. The board also received and considered comments from other interested parties.

Having reviewed, debated and considered the matter, it is hereby resolved:

1. The King County Bar Association and the Washington State Medical Society are to be commended for taking leadership roles on these critical issues, which continue to have such a broad impact on the people, families, communities and courts of Washington State.

2. For many years, society has responded to the problems of drug and alcohol abuse by emphasizing and devoting the majority of resources to imposition of criminal sanctions, rather than to treatment and prevention.

3. Criminal sanctions are a legitimate tool, and have been effective in fighting some of the ill effects and conduct associated with drug and alcohol abuse. The criminal law will always have a role to play to assure public safety. Drug use should not excuse conduct which puts others at risk, such as violent or other non-drug-related criminal behavior. Moreover, driving under the influence of alcohol or any mind-altering drug should continue to be prohibited and punished. The distribution of drugs, and the giving or selling of mind-altering drugs to minors should be prohibited and criminally punished.

4. Despite years of considerable resources being devoted to the prosecution of drug crimes, the problems of drug and alcohol abuse continue to have a significant deleterious effect on the health, safety and livelihoods of many individuals, their families and the communities of Washington State. There also has been a disparate negative impact on communities of color, despite studies that indicate equivalent drug use in non-minority populations.

5. The emphasis on prosecuting persons possessing drugs for personal use or selling small amounts of drugs to support a drug addiction has strained state and local budgets, and has impaired the courts' ability to administer justice fairly and efficiently.

6. The Washington State Bar Association agrees with the Washington State Medical Society and the King County Bar Association that it is time to expand and reorient society's approach to the problems of drug and alcohol abuse. More emphasis must be placed upon, and more resources devoted to providing drug and alcohol treatment to those who need it. Unlike the crimes discussed in paragraph 3 above, "low level" drug crimes, such as simple possession, should be approached as health problems, not criminal problems.

7. Drug courts and other diversion programs have proved successful. They help individuals become better contributing members of society, and can save precious resources. Such programs should be not just preserved, but expanded

8. More discretion should be permitted in the criminal justice system to allow supervised treatment as an alternative to incarceration in appropriate cases. Supervised treatment must respect and maintain the traditional physician-patient relationship.

9. A working group of statewide experts should be convened to improve Washington State's comprehensive substance abuse prevention plan. Particular emphasis should be placed on preventing use of alcohol, tobacco and drugs by our young people.

10.Meaningful treatment and prevention requires significant human and monetary resources. They require coordination among various sectors of the law and justice, health, and assistance communities. They require planning, training and adequate time to take hold. Society should make a long-term commitment to providing meaningful treatment and prevention programs. Studies indicate that such a long-term commitment will not only save government resources, but lives.

Adopted this 11th day of December 2001.