By Mike Krause
Senate Bill 163 is a modest but important next step in scaling back the worst excesses of the expensive, intrusive and counter-productive War on Drugs in Colorado. The bill would lower the penalty for simple drug possession from a Class 6 Felony to a Class 1 Misdemeanor. In other words, possessing small amounts of currently illegal drugs would still be illegal, but without the lifetime punishment a felony drug conviction carries in lost opportunity. This is a long overdue reform that has some opponents making such hysterical and blatantly false claims about SB 163 that they must be dishonest, ignorant, or maybe a little of both.
An online petition against SB 163, addressed to Governor Hickenlooper and members of both the Colorado house and senate, has been started at the change.org website with the hysterically inaccurate title: “Stop Senate Bill 12-163 which Decriminalizes hard drugs.” The petition continues its fabrications: “Senate Bill 163 will make possession of up to two ounces of hard drugs such as Cocaine, Ecstasy and Methamphetamine a misdemeanor to possess in this state.” What a pack of nonsense.
To begin, moving simple drug possession from a felony to a misdemeanor is not even close to the same as decriminalization. A Class 1 Misdemeanor is a serious criminal offense in Colorado. One for which the penalty could actually result as much time in a jail as you might spend in a prison for a Class 6 Felony.
Moreover, two ounces of Cocaine, Ecstasy or Methamphetamine is a significant amount of drugs that might cost thousands of dollars. SB 163 addresses possession of small amounts of drugs, two to four grams (depending on type of drug), which is less than the weight of an American nickel. Possession of two ounces of illegal drugs would obviously remain a serious felony crime.
So it’s not entirely clear if those responsible for the petition are simply lying about what SB 163 does, or if they are just not bright enough to know the difference between a misdemeanor crime and decriminalization, or the difference between ounces and grams. And as of this writing they have managed to fool nearly thirty people, apparently none willing to do a little basic research on their own, into signing the petition.
Whatever the case, hopefully the lawmakers who receive the petition won’t be fooled by either ignorance or lies about SB 163.