Thornburgh Asks Stiff Civil Fines In Cases of Small Drug Amounts
|
|
Attorney General Dick Thornburgh proposed regulations today that would allow the Government to impose civil fines of up to $10,000 for possessing small amounts of marijuana and other illegal drugs for personal use. Attorney General Dick Thornburgh proposed regulations today that would allow the Government to impose civil fines of up to $10,000 for possessing small amounts of marijuana and other illegal drugs for personal use. The regulations, called for in the anti-drug law that was passed last year by Congress, provide an alternative to prosecuting individuals in Federal court for simple possession of small amounts of the drugs. Federal criminal law provides a one-year sentence and a fine of up to $5,000 for simple drug possession, although a defendant already convicted of another crime could receive a sentence of up to two years in prison and a fine of up to $10,000. But few people are prosecuted under Federal law for simple possession of small amounts of drugs. And of those who are, said the Justice Department’s spokesman, David Runkel, most stand trial in connection with other Federal criminal charges. How Rules Would Work Under the civil regulations proposed by Mr. Thornburgh, the Attorney General could cite individuals for drug possession and impose a fine of up to $10,000. The citation could be challenged at a hearing before an administrative law judge. An individual could also appeal the civil citation in a Federal court, which would conduct a jury trial. The civil penalties would be invoked on individuals possessing no more than a gram of heroin, cocaine or methamphetamine or an ounce of marijuana and smaller amounts of PCP and LSD. The civil penalties would not apply to individuals previously convicted of possessing the same drug or those who have been twice cited for civil violations under the regulations. Civil proceedings could not be invoked as an alternative to criminal prosecution if investigators found evidence of an intention to sell or distribute drugs. The regulations will be published in The Federal Register and then put out for public comment for 30 days. The Justice Department has not said when they will take effect. But when they do, they will be carried out first on a trial basis in one or two Federal districts that have not yet been selected. Critical View of Proposal Don Fiedler, national director of the National Organization for Reform of Marijuana Laws, called the regulations an ”end run around the Constitution” because the probable-cause standard in criminal law would not apply in the civil proceedings. Mr. Fiedler said the regulations raised many questions about how a person cited for drug violations could challenge the legality of a search. He predicted that they would ”create a tremendous amount of litigation.” ”If you go to civil proceedings, there is no basis of authority to come in with a motion to suppress the search based on constitutional grounds,” he said. Mr. Fiedler, whose group advocates decriminalizing marijuana, said the regulations effectively accomplish that goal. But he acknowledged that a $10,000 fine is a significant deterrent to possessing illegal drugs, even in small amounts. More : query.nytimes.com |