University of Virginia Library

New Drug Act Has Mixed Results

By Fred Heblich
and Myles Tronic
Cavalier Daily Staff Writers

—ed.

The revision of Virginia's drug
laws by the new Drug Control Act
gives with one hand and takes away
with the other.

The Act is more lenient to users
of drugs, especially marijuana, but
it is very rough on those who sell
drugs, it seems that the assumption
made by the legislation when they
drew up the Act was that the drug
problem is caused by those who sell
drugs, not those who use them.

The Act makes no distinction
between "pushing" and "dealing."
Those people who sell marijuana to
their friends and even those who
may give some marijuana to someone
are considered as dealers and
are libel to as severe punishment as
a pusher of heroin.

The Act also defines sale, not
just as transaction, but as possessing
a quantity of drugs with the intent
to sell them. A person can be
convicted of selling drugs with the
intent to sell them. A person can be
convicted of selling drugs if he
possesses a quantity of drugs. The
Act does not specify the amount of
drugs that must be possessed to
constitute intend o sell drugs.

Under the heading of sale the
Act does not differentiate between
selling marijuana and selling a drug
such as heroin. At the same time
the Act does make a special
provision regarding the possession
of marijuana, classifying it as a
misdemeanor while possession of a
harder drug is a felony.

For some reason the Act makes
a sharp distinction between marijuana
and hashish. Possession and
sale of hashish is treated the same
as a drug like heroin. Other
hallucinogenic drugs like LSD and
mescaline are treated by the law the
same as heroin, opium, and other
hard drugs.

In the case of amphetamines,
barbiturates, and other stimulant
and depressants, the penalty for
possession is only a misdemeanor.
This part of the Act obviously
shows that the legislators assumed
that the drug problem caused by
the use of LSD, mescaline, and
other hallucinogenics is greater and
more dangerous than the problem
caused by the use of "speed" and
other amphetamines. This implication,
that LSD is considered a more
harmful drug than methedrine, is
bound to cause dissatisfaction.

Nowhere is the aim of the Act
to crack down of sellers and
chronic users more apparent than is
the penalty for second offenses.
The first offense for possession of
amphetamines, barbiturates, and
marijuana is punished relatively
mildly. But the second offense is
treated the same way the second
offense for possession of drugs like
heroin, opium, and all the hallucinogenics
treated.

The new law is aimed at doing
away with the use of drugs in
Virginia, and from encouraging
users of mild drugs from going on
to harder drugs, but there seems to
be a chance that the law will have
an opposite effect.

The crackdown on sellers is
likely to cut off many of the
sources of drugs. This will undoubtedly
cause a rise in the price of
drugs. A problem that might arise is
the possibility that organized crime
will be attracted by the higher
profits that will arise from the
rising prices and decide to move in.

It is generally believed that
while most drugs like heroin and
opium are controlled by organized
crime, since they must be imported,
the drugs most commonly used by
young people, LSD, marijuana, and
other hallucinogens, are not gotten
from organized crime.

If organized crime goes into the
business of supplying marijuana and
other hallucinogens, it will then
become the common source of
both the hard drugs and the milder
drugs. Users who go to that source
for milder drugs might find harder
drugs more available and subsequently
be more susceptible to
using them. This progression to
harder drugs might be caused by
the very law that was enacted to
stop it.

One thing the act will probably
lead to is an increase of arrests for
the possession of marijuana. Before
this new law authorities were
hesitant to arrest persons for mere
possession of marijuana, since it
meant a jail sentence of at least 20
years. Since the penalty has been
reduced to a misdemeanor, it is not
impossible to imagine that law
officers will be less hesitant in
arresting persons for marijuana.

No student has ever been arrested
in Charlottesville for the possession
of marijuana, but two weeks
ago nine local persons, including
two former students were busted.
The authorities claim to know the
names of at least 100 more persons
suspected of drug offenses. Knowing
that convictions will result on
in mild punishment, it is likely the
increased harassment of drug users
in Charlottesville will begin.