Harsh New Federal Penalties for Ecstasy Take Effect
On May 1st, the U.S. Sentencing Commission, as instructed by Congress, will adopt an emergency amendment to increase federal penalties for Ecstasy-related offenses. The new penalties will treat Ecstasy harsher than cocaine and almost as severely as heroin. Under the new penalties less than half a pound of Ecstasy will warrant a five-year sentence and 2,000 grams will warrant a ten-year sentence. In comparison, it takes over a pound of powdered cocaine to warrant a five-year sentence and 5,000 grams to warrant a ten-year sentence. The penalty increases will become permanent on November 1, unless Congress passes legislation disapproving them.
The average federal sentence for ecstasy trafficking - after accounting for aggravating and mitigating circumstances - is expected to more than double from 26 months to 60 months. The penalties come despite pleas from the scientific community that they are unwarranted, given the effects of Ecstasy, and will do more harm than good.
In March the Federation of American Scientists (FAS) issued a bristling statement in opposition to the proposed increases, concluding that that there is "no justification, either pharmacologically or in policy terms" for increased Ecstasy penalties. Fourteen leading neuroscientists and drug policy experts signed the FAS statement, including Dr. Charles Schuster, director of the National Institute on Drug Abuse under Reagan, and Dr. Jerome Jaffe, "drug czar" under Nixon.
Many in the scientific community fear that the increased penalties will lead to the production of more counterfeit substances being sold as Ecstasy (so sellers can meet the demand for Ecstasy without risking harsher sentences.) Most of the problems attributed to Ecstasy stem not from the drug itself, but from the effects of counterfeit drugs sold to unsuspecting buyers as Ecstasy. For instance DXM, often fraudulently sold as Ecstasy, inhibits sweating and when coupled with dehydrating activity, such as dancing, can cause heatstroke. PMA, another Ecstasy substitute, has been implicated in the deaths of a dozen young people.
The increased penalties will result in more young, non-violent Americans being sent to prison for long periods of time. The U.S. Sentencing Commission reports that over one-third of the federal offenders sentenced for Ecstasy offenses in 2000 were between the ages of 21 and 25. The average age of all federal ecstasy offenders is 27. Over 85 percent of these offenders are "Category I" offenders, the lowest category of offenders - having little or no criminal history. Sixty percent of all federal prisoners are currently imprisoned on drug charges.
"These new penalties are a step backward in our country's attempt to deal with the problem of drug abuse," said Bill McColl, legislative director for The Lindesmith Center- Drug Policy Foundation. "Solutions to problems associated with Ecstasy use should be rooted in science and the interest of public health, rather than harsh and arbitrary sentencing schemes."
Facts on the New Federal Penalties
- The Ecstasy Anti-Proliferation Act of 2000 mandated that the U.S. Sentencing Commission increase federal penalties for Ecstasy offenses. These new increases take effect on May 1st on an emergency basis. They become permanent on November 1, unless Congress disapproves them The new penalties treat Ecstasy offenses more harshly than powder cocaine offenses. In fact, when considered on a per-dose basis, Ecstasy will be treated more severely than heroin.