Lawmakers seek to lessen penalties for minor drug possession

A proposal from key lawmakers on the House Judiciary Committee would reclassify possession of small amounts of heroin, cocaine and other drugs as a misdemeanor, rather than a felony.

The bill, offered with bipartisan support from the three officers of the committee, aims to reduce the penalties for drug possession so addicts won’t be slammed with felony charges if they are found to be carrying a daily dosage.

Rep. Maxine Grad, D-Moretown, who chairs the committee, said the proposal is part of a broader effort her committee is making to review how well the criminal justice system is functioning and serving the state.

“What we’re doing now in terms of incarcerating people, it’s not effective,” Grad said.

Currently, people convicted of possessing certain drugs end up in prison, often do not get access to drug treatment, and have to deal with the long-term consequences of a felony record, she said.

“We know the best route to recovery is a stable job, stable employment,” Grad said. Felony convictions come with “collateral consequences,” she said. More than misdemeanors, a felony conviction can bar a person from getting access to housing, student loans and more.

“It’s still a crime, but the idea is that in appropriate circumstances folks can find their path to treatment, employment,” she said.

Under H.167, it would be a felony to possess more than 3.5 grams of cocaine, rather than the current level of 2.5 grams.

The level for felony possession of heroin would be 1 gram — five times the amount of 200 milligrams that currently qualifies for a felony charge.

“It’s a fairness thing,” said Rep. Tom Burditt, R-West Rutland, another bill sponsor.

Under current law, the amount of a drug that is common for an addict to possess for daily use can carry substantial criminal penalties.

“The people who have a personal amount on them,” Burditt said, “we need to find them help.”

Windsor County State’s Attorney David Cahill was open to the proposal.

In the course of the opiate crisis, he said, those in the criminal justice system have learned more about how much of a substance someone who is addicted can consume regularly.

Cahill said he has heard accounts of addicts using 30 bags a day of heroin — an amount that could bring a penalty of five years in prison, he said.

“In practice, none of our prosecutors in Vermont are looking to throw people in prison for any extended period of time for walking around with their daily dose of heroin,” Cahill said. “The current statute as written creates the possibility that that could occur.”

Rep. Chip Conquest, D-Wells River, also a sponsor, said the bill is an effort to counter the opiate crisis.

“Everybody in law enforcement tells us that we’re not going to stop this by addressing the supply side,” Conquest said.

“You really need to think about the demand side, and our current system is not addressing that,” he said.

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