Unfair thresholds in Iowa's drug laws

Reader John Neff (who I should point out is the first confirmed person other than a friend, relative or lawyer that reads my Blog) got me thinking about the drug thresholds that apply to class B felony drug charges in Iowa. John's comments came after my post about the new Minority Impact law that requires lawmakers to consider the impact any proposed criminal justice statute would have on minority populations in the state. His thoughts on the extremely low threshold amounts tied to mandatory minimum sentences are right on point. They are probably the biggest factor in prison overcrowding in Iowa. 

Because the threshold level for a mandatory 25 year prison sentence on methamphetamine charges is so low (five grams), prosecutors have unconscionable power over a defendant's fate during plea bargaining. When you add in the fact that a guilty plea is tied to an earlier parole, prosecutors have everything they need to MAKE defendants plead guilty and agree to a prison sentence.

The injustice with the low threshold is that the person trafficking TEN POUNDS of methamphetamine doesn't see any more prison time than the low level user/dealer he has as a customer.  The B felony applies to weights between 5 grams and 5 kilograms (about 11 pounds).  How does that structure make any sense?  When a person buys seven grams and turns around to sell a gram or two to support his own habit, he puts himself in the same boat as the ten pound dealer.  Try telling the prosecutor that only three of the seven grams you possessed were actually going to be delivered so it should be a C felony and not a B.  They won't bite.

Plea bargains in B "crack" and other "hard drug" cases (cocaine, heroine, PCP, and some prescription drugs) tend to include more agreements based on sentencing recommendations by the prosecutor. Because they lack the hammer of a mandatory prison sentence, the prosecutor agrees to recommend probation if a plea is entered to the highest offense.

The problem is that "crack" still has an unfair threshold to get from a B to a C felony. Does it make any sense that a person could deliver 99 grams of powder cocaine or heroin and only get a C felony charge when a "crack" defendant with 11 grams gets a B felony?  No way.

The class B felony thresholds need to be more uniform, and more importantly, higher for "crack" and meth.  Whether your policy is one of interdiction and prosecution, or education and treatment, you need to sort out the true drug traffickers from the low level user/dealers. The only way to do that is to have higher, realistic thresholds for increased penalties. Put them all up to 100 grams (about 1/4 pound), like it is currently for heroin and powder cocaine. That would keep more drug trafficking offenses as class C felonies, and reduce the number of long prison terms for low level user/dealers that are selling a couple grams a week to their friends in order support their own habit.