Rockfeller Drug Law Reform

Passed in 1973, a period of hysteria over drug use, when Nelson Rockefeller was Governor, the "Rockefeller Drug Laws" require harsh prison sentences for the possession or sale of relatively small amounts of drugs. Under these laws, the penalties apply irrespective of the circumstances of the offense or the individual's character or background. For example, it is irrelevant to the imposition of a sentence under the Rockefeller Drug Laws whether a person is a first-time or a repeat offender.

These laws are extraordinarily harsh in that first-time offenders can be subject to years in prison for possession or sale of a small amount of drugs. They are inequitable among offenders in that the main criterion for guilt is the quantity of drugs in a defendant's possession at the time of arrest - not the person's actual role in the drug transaction. The Rockefeller Drug Laws are in contradiction to the general criminal justice principle that judges should have discretion to set sentences based on a defendant's individual circumstances: the statute sets the minimum, and eliminates judicial discretion. They are racist in their impact: African-Americans and Latinos comprise roughly 90% of the drug offenders in New York State prisons. And, they are expensive for the state. Opponents of the laws have roughly estimated that reform would lead to an annual savings of $221 million in 2007, based an assumption that 60% of the roughly 6000 drug offenders in state prison would be diverted into an alternative rehabilitation plan, at a savings of $60,000 annually for each person diverted.

Learn about these other options for raising revenue (Click an item for more information):

• Bigger Better Bottle Bill
• Bulk Purchasing of Prescription Drugs
• Closing Certain Juvenile Detention Centers
• Closing Corporate Tax Loopholes
• Eliminate Private College and University Aid (aka, Bundy Aid)
• Eliminate Unnecessary State Employee Overtime
• Limit Use of Private Consultants
• Reforming the Empire Zones Program

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