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Rockefeller Laws

The Rockefeller Drug Laws were laws passed in 1973 that criminalized and attempted to reduce the sale, distribution, and possession of narcotic drugs in the state of New York. The bill was named after and enacted by the governor of New York at the time, Nelson Rockefeller, who was a strong supporter of the bill and a staunch advocate for Richard Nixon's “War on Drugs.”

Prior to the Rockefeller Drug Laws, individuals convicted of minor drug offenses were typically sentenced to a drug treatment facility, while more harsh sentences were reserved for those convicted of more serious drug cases, like those involving violent crime. With the passage of the Rockefeller Drug Laws, all individuals convicted of distributing two ounces of narcotics and/or being in the possession of four ounces of narcotics (i.e., cannabis, cocaine, heroin, morphine, or opium), regardless of their past criminal histories, were required to serve a minimum of 15 years to life in prison or a maximum of 25 years to life in prison. The main goals of criminalizing drug offenses were to deter habitual drug users and to prevent more serious drug offenders from committing future crimes. These laws were considered to be the strongest enforcer of Nixon's War on Drugs and the most vigorous attempt to control the possession and distribution of narcotics in the country.

Reaction and Consequences

The Rockefeller Drug Laws received both strong support and opposition. One of the most significant signs of support was Michigan's passage of similar legislation in 1978 when the 650-Lifer Law was enacted. This law stipulated that all individuals convicted of selling, possessing, or distributing 650 ounces or more of cocaine and/or Schedule I or Schedule II opiates be sentenced to life in prison without parole. Despite this support from the Michigan state legislature, the Rockefeller Drug Laws also received considerable opposition from conservatives, liberals, and law enforcement officials. Opponents of the bill, most notably civil rights activists, argued that the bill promoted racial inequality by targeting and burdening low-income African American and Latino communities.

A second source of contention was that the bill established sentencing requirements for individuals convicted of minor drug offenses (i.e., drug possession) that were markedly similar to the sentencing requirements for individuals convicted of murder. In addition, critics argued that the laws criminalized what was fundamentally a public health problem and limited judges' abilities to use discretion in sentencing. Criticism grew as reports of the societal consequences of the bill emerged. For example, to address the significant increase in the prison population that resulted from the laws, more of the New York state budget was devoted to the maintenance of pre-existing prisons and the development of new facilities. As a result, funding for drug treatment programs and facilities was reduced and, in some cases, eliminated; ultimately, this led to the closure of many of these community programs.

Research and Repeal

As a result of the criticisms of the Rockefeller Drug Laws, a number of organizations began to research the effects of these laws. In 1975, a three-year study was initiated by the Joint Committee on New York Drug Law Evaluation, an organization created by the Association of the Bar of the City of New York and Drug Abuse Council, Inc. The study was meant to review the long-term consequences of the Rockefeller Drug Laws. In general, the 168-page report concluded that the tougher sentencing laws had provided little benefit to the state of New York. Specifically, the report concluded that the laws had failed to reduce the recidivism rate, did not reduce the likelihood that drug traffickers would commit violent crimes, and the laws had slowed the state's justice system. Furthermore, investigations into the effects of the Rockefeller Drug Laws demonstrated that they resulted in racial and socioeconomic disparities in the New York prison system, with low-income African Americans and Latinos more likely to be incarcerated for drug offenses than nonminorities. Over time, a variety of studies of this sort demonstrated the ineffectiveness of the Rockefeller Drug Laws.

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