New York Lightens Up on Some of the Harshest Drug Laws in the Country

By Steven Wishnia, AlterNet. Posted April 3, 2009.

Nicholas Eyle of Reconsider, a Syracuse anti-prohibition group, is also not enthusiastic. "I don't want to sound like I don't support the change, but I'm not that excited," he says. "I'm not a fan of mandatory treatment."

Although rehab is preferable to prison, he says, most people arrested on drug charges are not addicts, and if they tell counselors that, they'll be told they're "in denial."

What the state really needs, he believes, is a "paradigm shift. If you want to save money and reduce crime, end prohibition. If you question the fundamentals, you have to conclude that prohibition doesn't work."

Many New Yorkers find it surprising that the state government could accomplish anything on such a controversial issue. The New York legislature is often called the most dysfunctional in the nation.

Virtually all major legislation is crafted by secret negotiations among the "three men in a room": the governor, the state Senate majority leader and the Assembly speaker.

Democrats have long held a majority approaching 2-1 in the Assembly, the legislature's lower house. However, state Senate districts have been gerrymandered to aid the Republicans, who controlled it from 1965 to 2008.

Over the last 15 years of that era, the Senate's GOP leader, Joseph Bruno, was able to block all but token Rockefeller-law reform. He also gutted the state's rent-control laws and refused to let the Senate consider legalizing same-sex marriage.

Bruno resigned last summer, several months before he was indicted on federal corruption charges, and in November, the Democrats won a 32-30 majority in the Senate. That immediately revved up hopes among the state's progressive activists.

However, the ballots had scarcely been counted when three Senate Democrats threatened to ally with the Republicans unless they were given power and concessions.

Nicknamed the Gang of Three, they are Pedro Espada Jr. of the Bronx, a rent-control foe with a long history of campaign-finance violations; Carl Kruger, a Brooklyn death-penalty advocate; and the fiercely anti-gay Ruben Diaz Sr. of the Bronx.

The Democrats' majority was further threatened when Hiram Monserrate, a Queens liberal, was indicted for slashing his girlfriend. This has jeopardized Senate passage of several bills to strengthen rent control and is widely believed to have scotched any hope of it considering same-sex marriage.

Many activists also believe that upstate Republicans oppose reducing drug sentences because prisons are one of the few sources of steady jobs in the region, whose economy has been slumping since the 1970s. In 1973, when the Rockefeller laws passed, New York had 18 prisons. From 1973 to 1999, it built 51 new ones.

Nicholas Eyle disputes that notion, saying he doesn't believe that the dozen or so legislators from rural districts where prisons are prominent are a strong enough lobby to preserve the drug laws. Sayegh advocates replacing the 30,000 prison jobs with green jobs.

Still, economic issues may well have played a role. The state has been slammed with a $15 billion budget deficit. At $45,000 per inmate, the Silver statement emphasized, it costs New York more than $500 million a year to imprison drug offenders. The minimal changes enacted in 2004 have saved the state $100 million, it added.

"My Assembly colleagues and I continue in our pledge not to give up our fight for greater reform of New York state's ineffective and imprudent drug laws," Assembly Corrections Committee Chairman Jeffrion Aubry, D-Queens, a longtime advocate of repealing the Rockefeller laws, said in a statement after the deal was announced. "While today's agreement brings us closer to our goal, we recognize the need to do more."

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Steven Wishnia is a New York journalist and musician. The author of Exit 25 Utopia and The Cannabis Companion, he has won two New York City Independent Press Association awards for his coverage of housing issues. He is looking for a job.

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