University of Virginia Library

Buckman Warns Of Risk

Last week I testified before the legislature in Richmond on
the use and abuse of LSD. The General Laws' Committee was
debating a bill which proposed to classify LSD together with
the narcotics. This, luckily, will not be done; but, instead, the
Pharmacy Commission will institute action to include LSD together
with the central nervous system stimulants, such as amphetamines
and depressants, such as barbiturates, in the class
of dangerous drugs. Unauthorized manufacture, sale and possibly
even possession will then become illegal in conformity with
federal law. It is disturbing to find that the vast majority of even
professional people, including lawyers, are quite unaware of
the nature of the penalties which are mandatory in cases of
drug abuse.

As educators, administrators and employers, we are neglecting
our responsibility if we do not enlighten people who look to
us for guidance as to the actual risks involved in terms of fines
and prison sentences. The federal law controlling marijuana is a
tax statute enacted in 1937 and enforced by the Bureau of Narcotics.
Sale, purchase and possession are criminal offenses. In
1956, the mandatory minimum sentences were raised to 5 years
for the first and 10 years for the second and subsequent offenses
of unlawful sale or importation. They remained at 2, 5 and 10
years for the offense of unlawful possession. Suspension of sentence,
probation and parole were prohibited for all but the first
offense of unlawful possession. Many states provide for far longer
sentences and it is important to understand that civilian court
judges have no option and cannot use their discretion.

With regards to dangerous drugs, which will include LSD,
criminal penalties are provided for violations including manufacture,
sale or distribution by unauthorized persons. The first offense
is a misdemeanor, the second a felony. Unlawful possession
is yet to be pronounced upon but may finally be classified as a
misdemeanor on a first offense and a felony on a second offense.

I think that if we could enlighten all the people who are at
risk as to the actual magnitude of the risk involved, the extent
of the casual and carefree abuse of drugs would greatly diminish.
Most people just do not know that in cases of narcotic drug
abuse, the civilian court judge cannot use his discretion. He
cannot recommend probation or treatment but has to sentence
the person to jail.