Friday, April 7, 2017

Drug-Free School Zones

   In November, 2016, Oklahoma voters overwhelmingly approved State Question 780, which in  effect changed some drug possession crimes from a felony to misdemeanor. It was part of the criminal justice reform measures so needed in Oklahoma. State Question 781 (also approved by voters)  allowed the money saved by implementing SQ 780 to be utilized for drug treatment programs - instead of spending it on felony prosecution and incarceration. The state will save $ millions in the prosecution of felonies and the over-incarceration of drug offenders. The approval of both SQ 780 and SQ 781 will result in a high cost for some, however. Many people know that to defend against felony charges is more expensive for those charged, than it is for those charged with a misdemeanor. It does not matter if the defendant is guilty or innocent, it's still very expensive. The recipient of felony charges vs. misdemeanor charges is and always has been the "defense attorneys". Attorneys earn much more money defending felony drug cases than only misdemeanors - even if those charged are actually innocent.
   House Bill 1482, enrolled for the 2017 state legislative session, is a bill which many believe was encouraged by attorneys to roll back the voter-approved laws, and change some misdemeanors back to drug felonies. This is where the public school connection comes in. House Bill 1482 would have created a 1,000-foot zone around schools where drug possession would trigger a felony charge. The House author of HB 1482, Tim Downing (R) of Purcell said that educators didn't know the shift in drug possession laws also applied to areas near schools, so they all presumably voted "Yes" on SQ 780. Mr. Downing insinuates that all educators are ignorant, but I know many educators who knew exactly what they were voting for, as they voted "Yes" on SQ 780 and SQ 781.
   I know this post/column seems to be a repeat of an earlier blog/column in which the true motive for authoring HB 1482 was examined, but there is updated information. It now seems that HB 1482 will not be heard in the Senate committee it was assigned to, after passing the House with flying colors. The Senate sponsor of HB 1482, Anthony Sykes (R), has pulled the plug on the hapless bill, so it probably will not be heard in the Senate this session. Oklahoma voters have at least won a reprieve over those who wish to subvert the will of people.
 

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