The law came into existence in 1978, just as crack cocaine appeared in the nation. Legislators, alarmed by a rise in drug problems, wanted to appear tough on crime. In response, they enacted a statute calling for life sentences without parole for anyone caught in possession of 650 grams - approximately 1.5 pounds - or more of cocaine or heroin.
The law was intended to target kingpins and major drug distributors - the criminals directing the flow of drugs into Michigan's cities and neighborhoods. The law also holds addicts with no intent to distribute their drugs to the same punishments as dealers. Legislators should offer treatment programs to help low-level users get over their addiction rather than simply locking them up and throwing away the keys. The greatest objection to the law stems from this absolute nature - judges have no leeway to consider individual cases as they do with other types of crimes - they are required to assign a life sentence. As a result, the state's legal system is handcuffed to a disturbing pattern of lopsided justice.
A disproportionate percentage of prisoners convicted under the law are given life sentences despite it being their first offense. Without reform of the law, they will remain in prison for the rest of their natural lives. By way of comparison, felons convicted of violent crimes spend an average of less than 10 years in prison. People arrested and charged with possession of 500 to 5,000 grams under federal drug laws do not face the harsh punishments the state inflicts.
The state's draconian drug laws do not end with the law. As a whole, the state has by far the toughest penalties in the nation on drug usage and possession - the 650-gram limit is far less than amounts requiring mandatory life-without-parole sentences in other states. Furthermore, Michigan's mandatory sentences for drug possession and distributions also create expensive logistical problems in the form of prison space shortages. As more drug penalties are handed down, whether life sentences or shorter terms, prison space is increasingly at a premium. In every shortage, some prisoners - usually those nearing parole or the end of their sentences - find themselves released early. Due to the law's mandatory life sentence, the prisoners released are often those convited of violent crimes.
The state's mandatory drug-sentencing laws need reform - especially the "650 lifer-law." While a life sentence is warranted for true drug kingpins and repeat, incorrigible offenders, it should not remain the mandatory, across-the-board sentence for possession of 650 grams of cocaine. Judges and prosecutors must be given leeway to consider the facts of each case and the circumstances surrounding it. Drug felons should not be forced to pay for one mistake with their entire lives while violent criminals walk free within a few short years.