LOOKING AT DRUG LAWS

As a former state chief justice and also former Wake County district
attorney, Burley Mitchell knows a lot about how drugs affect
criminals and how drug laws affect society.

So it's worth listening when he floats the possibility of
decriminalizing at least some drug offenses.

The context of Mitchell's suggestion -- made at a recent forum on
prison crowding -- was the flood of inmates coming into North
Carolina (and indeed, federal) prisons, and the state's failure to
keep pace by building enough prison cells.

Even with 3,000 new prison spaces becoming available by 2008, the
state still is projected to be short by 2,900 in 2010. And of course
incarceration isn't cheap.

North Carolina spends about $24,000 a year on average to house an inmate.

Obviously, the illegal nature of drugs restricts supplies to some
extent, even at great costs in law enforcement. Tight supplies mean
steep prices, which become a lure for violent gangs and organized crime.

It wouldn't be an easy debate, since many politicians understandably
would be reluctant to lessen drug penalties while authorities are
battling a steep increase in methamphetamine use, for instance.

But people who imported or trafficked in the most damaging drugs --
such as meth, heroin or crack -- still could be subject to prison.
Mitchell's comments really should just be a starting point in this
discussion. Certainly legalization would not have to be an
all-or-nothing step. For example, some non-violent or victimless drug
offenses could be changed from criminal to civil violations. It also
should be kept in mind that governments already permit the regulated
and taxed sale of two addictive substances that function in many
respects as drugs, alcohol and tobacco.

Certainly nobody would want to encourage use of drugs that can be
dangerous both to the user and the public.

And adequate funding of treatment programs would need to be part of
the picture.

But some measure of decriminalization could save taxpayer dollars and
perhaps help reduce violent crime.

It's an option that deserves a close look.