NCJ Number
15743
Journal
Criminal Justice Quarterly Volume: 2 Issue: 4 Dated: (FALL 1974) Pages: 167177
Date Published
1974
Length
11 pages
Annotation
REVIEW AND CRITIQUE OF NEW JERSEY'S 1970 CONTROLLED DANGEROUS SUBSTANCES ACT.
Abstract
THE NEW LAW SOUGHT TO DISTINGUISH BETWEEN NUMEROUS FORMS OF NARCOTIC AND NON-NARCOTIC SUBSTANCES BASED UPON THEIR RELATIVE DANGER TO SOCIETY, AND THEIR THERAPEUTIC UTILITY IN CONNECTION WITH MEDICAL TREATMENT. PENALTIES FOR VIOLATIONS OF THE ACT WERE BASED UPON THE SCHEDULE IN WHICH THE PARTICULAR DRUG WAS FOUND AND THE TYPE OF BEHAVIOR CRIMINALLY PROSCRIBED. THE ARTICULATED OBJECTIVE WAS TO MANDATE HARSH PENALTIES FOR OFFENDERS WITH A HIGH DEGREE OF MORAL CULPABILITY. AT THE SAME TIME, AN ATTEMPT WAS MADE TO REDUCE THE PENALTIES CONTAINED IN THE PRIOR LAW WHICH HAD THWARTED ANY MEANINGFUL ATTEMPT AT REHABILITATION. A REVIEW OF THE PRESENT DRUG LAWS HAS REVEALED TWO BASIC AREAS IN NEED OF IN-DEPTH STUDY AND REMEDIAL LEGISLATION. THE FIRST RELATES TO STATUTORY PROVISIONS CONCERNING THE DISPOSITION OF DRUG OFFENDERS. HERE, REFORM IS NECESSARY FROM BOTH THE SENTENCING AND REHABILITATIVE POINTS OF VIEW. WITH REGARD TO SENTENCING, IT IS EVIDENT THAT THE PENALTY SCHEME IS SOMEWHAT UNREALISTIC. THE LARGE SCALE TRAFFICKER IS OFTTIMES TREATED FAR TOO LENIENTLY, WHILE THE POSSESSOR-ADDICT MAY BE SENTENCED TO AN UNDULY LENGTHY PRISON TERM. OUR EXISTING REHABILITATIVE SERVICES ARE WHOLLY INADEQUATE. IN MANY INSTANCES, DRUG-RELATED CRIMES CANNOT BE ERADICATED WITHOUT FIRST CURING THE UNDERLYING DISEASE. THE SECOND AREA DESERVING OF SPECIAL LEGISLATIVE ATTENTION CONCERNS THE DILEMMA OF WHETHER THE MERE USE OF MARIHUANA OR HASHISH POSES A THREAT TO SOCIETY SERIOUS ENOUGH TO WARRANT CRIMINAL SANCTIONS. THE CONTROVERSIAL NATURE OF THIS PROBLEM SHOULD NOT PRECLUDE A SERIOUS REEVALUATION OF THE PENALTIES ASSOCIATED WITH THE USE OF THESE DRUGS.