Legal Commentary

Colo. Gov. Signs Bill Reducing Drug Possession Penalties

By Jeralyn

Colorado Governor Bill Ritter today signed an important bill into law, reducing penalties for possession of drugs.

House Bill 1352 increases the amount of drugs a person can posses before facing jail time, instead diverting offenders to substance-abuse treatment centers paid for by the savings on avoiding incarceration.

Ritter also signed bills allowing judges greater discretion in granting probation, increasing possible good time and ability to be placed on parole.

House Bill 1360 lessens penalties for parolees who make technical violations. House Bill 1338, makes it easier for people previously convicted of two or more nonviolent felonies to obtain parole. And House Bill 1374 increases the amount of time off their sentences that well-behaved inmates can earn for each month served.

Here's a copy of the final bill. [More...]

The new laws are the product of the Commission on Criminal and Juvenile Justice, appointed by Ritter, which included "a mix of prosecutors, public defenders, law enforcement, human services officials, lawmakers and other advocates."

These laws are a welcome shift towards becoming smart, rather than just tough on crime.

Example of the changes:

Possession of between 1 and 4 grams of cocaine, heroin, and illicit prescription drugs goes from a max of six years down to a max of 18 months. (For meth it's 1 to 2 grams) -- drops from class 4 felony to class 6 felony

Possession of 1 to 2 ounces of marijuana: fine only; 2 to 8 ounces: up to 12 months (down from 18); possession of 8 to 12 ounces: up to 18 months (down from up to 6 years), still a misdemeanor.

The bill increases penalties for distribution of large amounts of substances and for distributing to children.

Full post as published by TalkLeft on May 25, 2010 (boomark / email).