Bay State Acquits Man In School Zone Marijuana Case

[Freaktan]

A Massachusetts community rejected the unreasonable enforcement of a bad drug policy last week when a jury acquitted an 18-year-old man of marijuana distribution charges. Had he been convicted, he would have faced a two year mandatory minimum sentence under the state's drug-free school zone statute. Kyle Sawin was the first to be tried out of seven people facing school zone marijuana charges for first-time, nonviolent offenses after a sting operation last year in Great Barrington, Massachusetts. Friday's acquittal actually marked the end of a second trial for Sawin. The first, held this summer, ended in a mistrial because the jury deadlocked. The other six cases have yet to go to trial.

The sting was controversial from the start. When it happened, much of the Berkshire community was appalled at the severity of the school zone enhancement for the charges. Area residents formed a group, Concerned Citizens for Appropriate Justice, to petition District Attorney David Capeless to drop the mandatory minimum charges. The DA turned down the request, but the group has persisted, working to educate the community about the absurdity of the law. The DA was able to apply the school zone enhancement because the sting took place in a lumber yard parking lot which is located within 1,000 feet of a church that hosts a pre-school program in its basement. The intent of the drug-free school zone statute was to prevent predatory sales of drugs to children, and to avoid the use of children as drug "mules." However, the effect instead has been to raise penalties for people who are in a school zone by pure coincidence when they are arrested. In cities, where populations are dense and schools close together, entire areas are blanketed by overlapping school zones - and their accompanying stiff mandatory minimum penalties.

CCAJ contends that not only are the charges based on a bad law, they are also a waste of time and taxpayer money. One of the jurors in the Sawin trial echoed that view, speaking to local newspaper the Berkshire Eagle after the acquittal: "I am upset that the government put so many resources into such a trivial case with such meager returns. I think it's an outrage."

CCAJ's focus will remain narrow - making sure these seven people do not spend two or more years in jail for first-time, nonviolent drug offenses - until the trials are over. But Whitney Taylor of the Drug Policy Forum of Massachusetts, which has partnered with CCAJ in an advisory capacity, sees bigger things in the group's future. "After the seven individuals' trials happen, I believe that the role of CCAJ and its mission will evolve to working on maybe statewide or more local community issues," she says. That could include not only working to change the charging practices of the Berkshire County district attorney's office, but possibly even advocating for revision of the school zone law at the state level.

For now though, most of the attention of CCAJ and the Berkshire community is on the six remaining cases. Jurors sent a clear message about the school zone statute with their verdict in Kyle Sawin's trial. It now remains to be seen whether local officials are paying attention.

Newshawk: Freaktan - 420Times.com
Source: DrugPolicy.org
Copyright: 2005 Drug Policy Alliance
Contact: http://www.drugpolicy.org/contact/
Website: http://www.drugpolicy.org/news/092805mjacquittal.cfm
Author: Staff - Drug Policy Alliance