By Guy Page
Repealing legal penalties for selling up to 149 milligrams of crack cocaine – almost twice the lethal amount of a single dose – is part of a drug abuse ‘harm reduction’ bill cited as a high priority at Saturday’s pre-session caucus of Democratic legislators.
The Legislature reconvenes in January for the second year of the 2023-24 biennium. Because Democrats control 104 seats, a united Democratic caucus can pass any bill it chooses and override a gubernatorial veto (100 needed to override).
As introduced in January, H.72, titled “a harm-reduction criminal justice response to drug use,” would repeal this current law: “A person knowingly and unlawfully possessing crack cocaine in an amount consisting of 60 grams or more [up to 149 grams] of one or more preparations, compounds, mixtures, or substances containing crack cocaine with the intent to sell or dispense the crack cocaine shall be imprisoned not more than 30 years or fined not more than $1,000,000.00, or both.”
The lethal dose of cocaine is 82.5 milligrams, according to addictionresource.net. A typical smoked dose of crack is between 15 to 50 mg.
The bill does not offer a lower alternative sentence, effectively making the sale of 149 mg of crack cocaine legal – allthough possibly not forever. H.72 also creates a Drug Use Standards Advisory Board. “The primary objective of the Board shall be to determine, for each regulated and unregulated drug, the benchmark personal use dosage and the benchmark personal use supply. The benchmarks determined pursuant to this subsection shall be determined with a goal of preventing and reducing the criminalization of personal drug use.”
The bill also immunizes from prosecution the operators and property owners of so-called ‘safer drug consumption programs…. where persons who use drugs can consume pre-obtained drugs.”
At these sites, supervised by health care professionals, trained staff provide sterile injection supplies, collect used needs, answer questions of safe consumption, administer first aid and treat overdoses, and provide referrals for addiction treatment. Existing sites in New York City claim to have reduced overdoses, but critics say it has not reduced substance abuse overall.
The bill this year was passed around without an affirmative vote by four committees – Judiciary, Human Services, Ways and Means, and Appropriations – without any vote taken. Most of the sponsors are Progressives or liberal Democrats: Reps. Taylor Small (lead sponsor), Daisy Berbeco, Alyssa Black, Tiffany Bluemle, Michelle Bos-Lun, Jessica Brumsted, Kevin Christie, Brian Cina, Leonora Dodge, Katherine Donnally, Golrang Garofano, Leslie Goldman, Troy Headrick, Philip “Jay” Hooper, Noah Hyman, Saudia LaMont, Josie Leavitt, Kate Logan, Jubilee McGill, Emma Mulvaney-Stanak, Kelly Pajala, Barbara Rachelson, Mike Rice, Katherine Sims, Mary-Katherine Stone, Heather Surprenant, David Templeman, Dara Torre, and Joseph “Chip” Troiano.
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