Rockefeller Drug Laws
Last Updated on Wednesday, 20 January 2010 06:18 Written by Sam Wednesday, 20 January 2010 06:17
The Rockefeller drug laws refer to statues within the New York State Penal Law that pertain to the possession and sale of drugs in New York. These laws were enacted on May 8, 1973 under the governorship of Nelson Rockefeller, who adamantly supported them.
In accordance with these laws, the penalty for dealing two or more ounces of heroine, cocaine, morphine, opium, or marijuana, or the possession of four or more ounces of these drugs, is a minimum of 15 years to life in prison, and a maximum of 25 years to life in prison. Astoundingly, this penalty is the same of that for a second-degree murder. Early legislation also decreed the same penance for committing a violent crime after having consumed these substances. This stipulation was removed from the bill, however, and was not included as part of the legislation that Rockefeller signed. Additionally, the laws that applied to marijuana were repealed under the governorship of Hugh Carey in 1979.
Because of the severe penalties of drug possession and sales, the enactment of the Rockefeller drug laws earned New York the distinction of having the strictest laws of its kind within the United States. Subsequently, these laws were emulated by the state of Michigan, and in 1978, Michigan enacted the “650-Lifer-Law”, which necessitated imprisonment for life, without the possibility of parole, for the sale, production, or possession of a minimum of 650 grams of cocaine or any Schedule I or II opiate. Opiates are any alkaloid substances that are found in the opium poppy plant or any derivatives of such substances.
As a result of the enactment of these laws, both states received firm criticism from Democrats and Republicans, alike. Most who criticized the laws expressed the unfairness of constituting similar penalties for drug trafficking and murder. The laws have also received intense opposition for civil rights activists who claim that the laws are racist, as they are inordinately applied to Latinos and African Americans. Duly, the penalties for drug trafficking in both states have been reduced so that the laws no longer include mandatory minimum sentences. Additionally, the sentencing now allows for individuals who have been previously charged for drug trafficking to be re-sentenced and possibly released.
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