Monday, Feb. 09, 1970

The No-Knock Drug Bill

During the fortnight after President Nixon chided Congress for its failure to act on his anticrime proposals, the Senate, at least, has been busy. First, it passed a broad measure aimed at combatting organized crime. Last week, by an 82-0 vote, it approved a 100-page omnibus bill designed to intensify the federal attack on the drug traffic.

The bill is a congeries of compromises. It recognizes recent medical and scientific findings by differentiating between marijuana and more dangerous substances like heroin, LSD and amphetamines. It also acknowledges changing public opinion by distinguishing between drug use and sales. The possession or use of marijuana would be a misdemeanor, not a felony, and the minimum penalty for conviction would be reduced from the present two years' imprisonment to one.

But the bill provides tough penalties for those convicted of selling narcotics to minors or trafficking in drugs for profit. While nonprofit sales of marijuana to friends would bring sentences similar to those for personal possession, a conviction for selling drugs to someone under 18 could bring a ten-year prison term. Those found guilty of involvement in organized narcotics distribution and sales could be imprisoned for life.

Extraordinary Times. The most controversial provision would authorize federal agents to conduct "no-knock" raids on suspected drug caches. As originally drafted, the section would have permitted authorities to break into a home without warning or identification if they believed that a more polite entry might allow suspects to destroy evidence. Facing opposition to the entire section, Senator Robert Griffin won its inclusion by altering its language but not its impact. The new wording requires that agents applying to a court for "no-knock" authorization must convince a judge that the drugs will definitely be destroyed. Still, the provision raises civil-liberties questions about a citizen's right to protection from unreasonable search and seizure.

This part of the bill has encountered opposition from House liberals, who see it as another step toward unlimited police powers. Despite their stand, the section is expected to win House approval. Most representatives agree with the bill's tough law-enforcement provisions, and some favor giving authorities even more muscle to deal with illegal drug use. Says North Carolina's Richardson Preyer. a moderate Democrat: "The feeling is that these are extraordinary times that call for extraordinary remedies."

Arrest Records. These remedies, fortunately, do not include stricter penalties for marijuana use. A majority of Congressmen agree that existing laws have been too tough on kids who experiment with pot. But there is outrage at those who put narcotics into youngsters' hands. Last week's arrest records dramatized the anxiety of many parents.

As the Senate was debating the drug bill, the children of prominent fathers were running afoul of the narcotics laws. New York Psychiatrist Guillermo Salazar revealed that his twelve-year-old daughter Isabel had been on drugs for the past several months. Last week the petite, pretty child was found after a dope binge. "I take hash, pot, LSD, heroin, speed, anything I can get," Isabel said. Police in Philadelphia arrested the 19-year-old son of New Jersey Governor William Cahill for possession of marijuana. New York police charged the 17-year-old son of Democratic Gubernatorial Aspirant Howard Samuels with possession of hashish. "You read the papers every day about kids arrested for smoking pot or possession of drugs," said Samuels. "But you don't really know what it's all about until it hits home, when it's your kid."

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