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Minimum Mandatory Sentences For People With RX Drugs Debated
March 5, 2013
The state’s drug laws allow painkiller addicts to be charged as dealers and sent away for long sentences for possession of amounts of drugs that are common for people battling addiction – though not necessarily selling – say backers of a proposed change to the sentencing law.
A bill to give judges more discretion in cases where people are charged with trafficking was approved Monday in the Senate Criminal Justice Committee.
Supporters of the measure say people with a relatively small amount of prescription painkillers – less than many addicts say they take in a day – can be charged with trafficking.
Opponents, including police and prosecutors, say painkiller abuse has become the main drug problem police are fighting and urged lawmakers not to get rid of tough sentences. They argue that prosecutors have the discretion to decide to charge true addicts who aren’t involved in dealing with simple possession.
But often, prosecutors don’t do that, argued Sarasota defense attorney Derek Byrd.
“I’ve got a lot of clients sitting in prison right now who had 15 pills,” Byrd told the panel. “It’s just not fair…. We are netting people who are not traffickers.”
The measure sponsored by Sen. Maria Sachs, D-Delray Beach, would allow judges to depart from minimum mandatory terms in some cases involving first time offenders. It was approved by the committee 6-1 with Sen. Charlie Dean, R-Inverness, the lone “no” vote.
By The News Service of Florida
Comments
11 Responses to “Minimum Mandatory Sentences For People With RX Drugs Debated”
Kathy, 1 more thing, I do know what I’m talking about, & I hope it don’t happen for you but most if the time people become dependent & say the same thing you do. I’ve had to take painkillers a few times in my life, but I didn’t continue, most of the time I had the nurses to tell me I needed them but I have a high pain tolerence plus I put my mind on something else.
Kathy, it is the dr., because if a person continues to go back to that dr., & he/she continues to prescribe, it falls on the dr.. ex: you step on a nail, shivers a bone, you do not need pain pills from then on out, a dr. should know what kind of pain shouldwarrant pain pills, & you say it’s not the docs fault? If a person wants to take stuff, they’ll act anyway they can. Ex: oooh doc, I bent my finger, it hurts soo bad even tho it’s been 1month later & guess what that person gets you guessed it pills,and don’t say it doesn’t happen because it does. I know of a person going to 1 dr (specialists) for something he stopped prescribing that med. & told that person you don’t need this anymore so this person goes to another dr(primary) for the meds., & what do you know that dr. prescribes & still is, so yes mam it does fall on dr. & some family takes that person to dr., so when it’s like that, whorver takes person knowing the case should be charged also, but that’s just my opinion & it doesn’t count @times.
Let them have all the pain killers they want and hold harmless the pharmacies and doctors.
If they are dealing, the only reason they ever deal is because there is an unmet demand and money to be made by supplying that demand. Some would take lethal doses — and I hate that, but that is one of the least messy ways of killing yourself and usually doesn’t involve hurting others.
Hold them responsible for any harm they do while using the pain killers.
Some crimes are committed as ways of obtaining enough money to buy the drugs in the first place. If they were cheap and available, it is likely many deaths of innocent victims would be avoided, many people wouldn‘t be burglarized, Johns would have to pay higher prices to hookers, gangs would have to find other ways to finance their activities.
Try to convince people to avoid the drugs in the first place, but don’t get people killed because you couldn’t convince them
David for personal freedom
as long as it doesn’t harm others
This goes to CURIOUS, People don’t understand that Doctors are not to blame, They can’t help it if there patients go out and sell or what ever with what the Doctor gave them .Stop Blaming Doctors. If people keep on They want be able to get Painkillers, or anything else. I myself suffer with chronic pain and sometimes painkillers help.But I don’t abuse them.I take them like I’m suppose too.so until you know what your talking about stop Judging others.
I agree with Bill! If it can’t be proved they are dealing or trafficking give them probation, community service working with recovery addicts, and rehab. Which anyone with common sense knows rehab will only work if the person truly wants the help. On another note, put them on the {3} strike rule something similar to the 10-20-LIFE rule.
Many doctor’s have the system in place to view all prescribed medications to their patients via any doctor since the Smith case came about. If the doctor’s are doing their job they will/can see a pattern of abuse and start to put a stop to it. If the abuse can be investigated back to the doctor or doctor’s that had this knowledge hold them accountable and/or revoke their license to prescribe those kinds of medications.
If they are really selling the drugs then put them in prison but if they are merely possessing them, then give them community service and drug treatments. If it’s good enough for Rush Loudmouth then treat everyone that way.
Just a little food for thought. What if the person with the 15 pills was standing on a corner selling them to teens just getting out of High School and the person with the pills doesn’t have a prescription for them. Keep in mind that business is so good at this location that he’s out there every day selling. Would you still want the Trafficking charge to go away? By the way, what if it was your child he was selling them to and your child was stealing money from you to buy them? Would that change your thoughts?
I say charge the drs who keep prescribing them also.
Gotta keep those for profit prisons full. No matter that the charge of “Trafficking” is never proved and essentially MADE UP.
This just goes to show what a mockery we make of justice.
…i think the french had the right idea of putting the offenders on a far away deserted island and leaving them there. let them defend and feed themselves…very minimal cost of transporation for corrections…
What will we do with all these prisoners? In an already dying economy, we take on more to feed? Why? For 15 pills? Really? Trafficking to what? Mice? This is super crazy!