Sentencing Happens on Eve of National Report Release Confirming that School Zone Laws Do Not Protect Youth and Disproportionately Affect Minorities

Boston, MA — Yesterday in Berkshire Superior Court a jury found Mitchell Lawrence of Otis, MA guilty of selling 1.2 grams or 1 joint worth of marijuana to an undercover police officer. What that jury did not know, was that the District Attorney was including a school zone sentencing enhancement in the charges that would send Lawrence to jail for a mandatory 2 years with no chance of parole.

This disproportionate sentence was handed down one day before the release of a national report by the Justice Policy Institute (JPI) — "Disparity by Design: How drug-free zone laws impact racial disparity – and fail to protect youth" — includes research from Massachusetts, and finds that school zone laws do not meet their intent in protecting young people from drugs. 

"School zone laws have remained unchanged in Massachusetts because the legislature has been promised that prosecutors use discretion," said Whitney A. Taylor, Executive Director of the Drug Policy Forum of Massachusetts. "Unfortunately the life of a young man has been sacrificed, proving that discretion is not being used and that the law must be changed." 

The JPI study, available at www.justicepolicy.org, found that drug-free zone laws do not serve their intended purpose to protect youth from drug activity. The Massachusetts data on drug enforcement in three cities found that less than one percent of the drug-free zone cases actually involved sales to youth. Additionally, Massachusetts' researchers found that nonwhites were more likely to be charged with an offense that can carry a drug-free zone enhancement than whites that engaged in similar conduct. Blacks and Hispanics account for just 20 percent of Massachusetts' residents but 80 percent of drug-free zone cases. 

"We are not surprised by the research finding that communities of color are hardest hit and serve the most time under school zone sentencing enhancements — we see it in our neighborhoods every day," stated Horace Small, Director of Union of Minority Neighborhoods. "We stand and support our brothers and sisters in Berkshire County, regardless of race, to put a stop to their District Attorney's charging practices as well as in the struggle to change state law." 

Five more Berkshire County young-people are still awaiting trial for charges stemming from the 8 month long under-cover investigation that netted Lawrence and lead to the inappropriate school zone charge for the possession of 1 joint worth of marijuana. Local community groups, as well as statewide and national organizations are going to step up education and advocacy for both a change of prosecutorial priorities and a change in Massachusetts state law.

"There are violent and serious criminals across Berkshire County that are going un-prosecuted because DA David Capeless is choosing to use precious law enforcement, judicial and prosecutorial resources to send a first-time offender to jail for over two years for the crime of selling a very small amount of marijuana to an adult who repeatedly requested it. This is the wrong message to be sending to our youth and communities," concluded Taylor.