Most California voters say possessing small amount of illegal drugs should be misdemeanor, not felony

A strong majority of California voters believe the penalty for possession of a small amount of an illegal drug for personal use should be reduced from a felony to a misdemeanor, according to a poll released Monday by organizations seeking to relax drug laws.

DOCUMENT: Read the report on the drug penalties in California

The survey conducted by a professional polling firm found that almost 75% of California voters likely to cast ballots in 2012 believe the crime should be downgraded to a misdemeanor. And 40% went even further, saying they think it should be dropped to an infraction, which is the equivalent of a speeding ticket and carries no prison time.

The poll did not define what is considered a small amount of a drug. Possession of controlled substances, such as cocaine and heroin, is a felony, although charges are sometimes reduced. Marijuana is treated separately, and possession of an ounce or less is an infraction.

A majority of voters also said California sends too many people to prison. And almost 75% agreed that in the midst of a budget crisis, the state should instead use the millions of dollars spent to imprison drug users on schools, healthcare and law enforcement.

"The point here is that this is an overwhelming majority of California voters," said Margaret Dooley-Sammuli, the deputy state director for Southern California for the Drug Policy Alliance, a national organization that supports efforts to reduce drug sentences. "Californians don't want to waste money on incarcerating people for drug possession. They'd rather see that money go for something else."

The poll was released by the Drug Policy Alliance along with the ACLU of Northern California in San Francisco and the Ella Baker Center for Human Rights in Oakland. It was designed and administered by Lake Research Partners, a Democratic polling firm.

Support for reducing drug possession penalties crosses party lines, drawing favor from substantial majorities of Democratic, Republican and nonpartisan voters. Most voters in every region of the state also back the change. Voters also indicated they are more inclined to reelect state lawmakers who vote to reduce the penalties for drug possession.

Nearly a quarter of the voters surveyed said Californians caught with a small amount of an illegal drug for personal use should not spend any time behind bars, while 27% said they should be locked up for less than three months. Just 8% suggested incarceration for a year or more.

The statewide poll surveyed 800 voters who intend to vote in the 2012 general election. They were questioned between March 21 and 24. The margin of error is plus or minus 3.5 percentage points.

The results and analysis can be viewed at www.lakeresearch.com.

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-- John Hoeffel

Photo: Support for reducing drug possession penalties crosses party lines, drawing favor from substantial majorities of Democratic, Republican and nonpartisan voters, the poll shows. Credit: Al Schaben / Los Angeles Times

Comments

[Legalize Weed or Re- Criminalize alcohol, tobacco, prescription pills!]

Finally a article that makes sense and reflects the majority of people.

It is funny that certain drugs are already legal and acceptable. The biggest drug out of them all that causes the most harm and chaos is Alcohol. Tobacco, prescription pills, caffeine, all also legal and O.K. We need to make a drastic change and stop locking people up for small or personal possession of ANY substance that is currently deemed "illegal".

Sure maybe marijuana is an infraction right now for personal possession but if you were caught with any small quantity of Cocaine, Heroin, Ecstasy, DMT etc, etc, you are looking at serious jail time that is equivalent to what other people get for murdering people.

The WAR ON DRUGS is a FAILED WAR and has not stopped the flow/availability of drugs at all. In fact it has created more problems, creating black markets with no system of quality or control.

All we have to do is look at Portugal for a model of drugs. Drugs are legalized there, the use of marijuana did not rise and the use of heroin declined. A much more honest and practical policy with results that we should seriously consider.

[BLM]

You can tell that just by the opinions of most Californians. They are taking the drugs themselves, kind of like the cool aid they like.

[michael g]

Well, of course, they do... These same kooks re-elected Jerry Brown!!

[Sam]

@Common Sense:
Regarding increased visibility... Do you currently see people consuming alcohol on the beach? Or office workers getting drunk on their breaks?

[alan hart]

I'll go you one better. Make all drugs legal and you will see a drop in the overall usage. Once you take the profit out of something, that something goes away!

[Certified AOD Counselor]

As a certified AOD Counselor that deals with drug and alcohol offenders DAILY (for the past 8 years!), I have seen the worthless effect of coerced "treatment" on persistent, and unrepentent drug addicts. What is needed is NOT mandatory treatment, or even incarceration (unless the drug user victimizes another person or property!). What is needed is to make the users life as DIFFICULT AS POSSIBLE while they are a drug user! Forbid things like: car ownership, voting, being able to be rented to, having a driver's license. These things should be INDETERMINANT, until the drug addict MAKES THE CHOICE to stop being a drug addict!

[kuruc]

most california voters, are DRUG ADDICTS no surprise.

[WhatIsConsideredACrime]

Since the pharmacutical companies run our medical facilities. Our doctors who we depended on for the best health care,now ask us"What do we need".Or
send us to a lab for expensive tests. Never contacting us if we don't schedule another appointment,just to charge us for our lab results. What my point is, Why can't the Physicians and Medical Groups,be accounted for there getting
people hooked on narcotics,without finding out,why we came to there office.?
Weed has been here, and, it isn't ever going away. Heroin,same thing. Cocaine too. So, adding all the other ingredients of alcohol,meth,pills,inhalants,etc.. in this crazy world. Teaching the truth to
kids,teenagers,adults. Anybody caught with substances or under the influence.
Should be taken to schools,to give all, the clear visual,of a person giveing a speech,after partying. Video tape it,and put it on You-Tube. That punishment
alone,might scare the heck out of anyone who wants to start useing drugs. Drug classes just show you what your brain looks like,and by then it doesn't seem to matter anymore. Plus,drug connections are made. And, it costs families, a lot of there money,not just the person who was busted. Thats not fair.

[derek]

Common Sense,

How can you be a libertarian when you you think that your preferences over what you like or don't like should limit someone else's freedoms?

Being a libertarian means giving the most amount of freedom to the greatest amount of individuals to make their own social and economic decisions. Your like or dislike of their choices doesn't matter, unless your rights are infringed by their choices.

[Jas]

Having used MJ extensively in the past, I believe that even an infraction status is too harsh on it. As far as the poster "Common Sense" is concerned (drug use in parks and other public places), there are already laws in most public venues that forbid even alcohol consumption. In these types of cases, the penalty should be the same for all - alcohol, MJ, and whatever. Keep it behind the scenes folks - for the sake of the children. As far as other drugs, I've personally seen lives devastated by heroine, crack, and meth. That's not to say prison is the solution - definitely not. But some sort of legalization should be happening to stifle the black market and associated crime. History shows us that prohibition inevitably fails, spills blood, and ruins lives. It is a solution truly worse than the problem. I'd like to see the day again when officers need not carry assault rifles in there cars.

[Nick]

"Marijuana break", are you kidding me? Do you take a "vodka break" at your job? Legalize it for private, discreet usage for adults. Prohibition doesn't work.

[happyHBmom]

I love the comment by the guy who says "I am a Libertarian, but I don't want pot to be legal because it would be ANNOYING."

Oh, yeah, let freedom ring. Unless it annoys me.

[TMMTrip]

This study has a definitional flaw that is further demonstrated by the comments here. The study makes no dictinction between the kinds of illegal drugs. Many people may have been thinking of marijuana, which as some comments point out, is already only an infraction (less than 1 oz). Others may have been thinking of all drugs including heroin and cocaine. I think opinions vary depending on the type of drug.

[Davesnot Here]

Davesnot Here

My thoughts on Marijuana in America. The so-called "war on drugs" is an absolute failure; Americans must demand the immediate reallocation of funds away from the unconstitutional persecution and harassment of marijuana smokers (American citizens) and a refocusing on the real drugs that are having a detrimental effect on society.

[AKV]

To Common Sense: Alcohol is legal but it is still banned in the places that you mentioned. Having said that, your argument doesn't stand anymore.

[flying high]

what's the big deal, if in fact the marijuana law was passed in the last election. users couldn't in fact smoke in public places or around kids, in the first place. only in a closed atmosphere. these meth heads, smoke out in public, they aren't getting sent to prison. nothing wrong with a small amount of weed, for personal use. never saw a bud head, murder, rob, commit theft for there habits!! OMG, get real, sit back and take a smoke, chill out with some chronic, that's real and not a joke.

[Zinge]

Yes because we should all be afraid of strolling through the park and somebody is smoking a joint. Who cares? What's so strange about drug use? Is it strange when somebody is drinking alcohol? Drunks are far more annoying than potheads. Is it strange when somebody is drinking a soda that contains caffeine? Is it strange to see somebody popping their daily Oxycodone their doctor prescribed? They're all drugs. We are a world full of drugs and they aren't going away. To do away with them would be to take a step back in the evolutionary timeline. Since they're here and we will never get rid of them, why not legalize and take a smart, regulatory approach to drugs and drug education?

Seriously, people need to get over the "get high on life, not drugs" mentality and get over the last 70 years of propaganda this country has thrown at you. What's so bad about somebody doing drugs? Who cares? Let these people smoke weed if they want. Let people do cocaine if they want.

If you were a true libertarian, this would not even be a questionable topic for you. Drugs should be legal and regulated in the same way alcohol and cigarettes are. The government has no right as per the Constitution of the United States to imprison people for doing something to their own body. If you commit murder while under the influence of cocaine, you should be tried for murder, not for possessing or consuming cocaine.

[RobertM]

As of January 1st, 2011, possession of small amounts of cannabis is treated the same as a parking ticket in California, a misdemeanor. So I'm a little confused about the above poll. Apparently these Californians are unaware of the current law regarding cannabis.
I would like to see cannabis legalized so it could be sold, regulated and taxed with a provision allowing individuals to grow it if they are so inclined. I wouldn't be at all surprised if California becomes the first state to legalize cannabis. It's an uphill battle, but one worth winning.

[RobertM]

Wooooooops. I mean it already is an infraction as of January 1st 2011. My bad.

[Jim]

California is broke! How can government even tell us that weed is a misdemeanor?

[DEFERRED ENTRY OF NO JUDGMENT]

I would have to state that a person in possession of a controlled substance should not be sent to prison. It's not fair. That's why California's prisons are overpacked and the stupid governor released all those prisoners who should've beend doing their time on non-revocable parole, which is absurd. Multiple offenders need treatment, rather then excluding them from society as well as tarnishing their image being labeled as a "felon". When I think of a felon, I think of someone who was involved in a robbery or a murder case. Something that constitutes violence. Non violent drug offenders are no different. The governor should realize that what he passed in California was stupid like the big buff oaf he is. You think a non violent drug offender belongs being locked up in a hole filled with mexican supremecists??

[cgoofies]

Marijuana is illegal for many reasons. I don't know what this program proves. Smoke is smoke, and if people are thinking that smoking is going to help them, they need to develop a incense or type of tobacco from the farmers in our country, that will produce the same effects of relaxation that the hemp does. I think these are just people that want to legally get high.