California ends mandatory minimum sentences for nonviolent drug offenses

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California Gov. Gavin Newsom has ended mandatory minimum sentences for nonviolent drug crimes.

SB73 Will End Mandatory Minimums

The bill, SB73, will allow judges to sentence individuals to probation rather than jail time for nonviolent drug offenses, such as possession of a small amount of heroin.

The bill was state legislators’ fourth attempt at such a proposal, reports the San Francisco Chronicle.

In 2018 and 2019, previous versions of the proposal fell through at the urging of police groups. It was shut down once again last year after the COVID-19 pandemic forced lawmakers to shelve their upcoming agendas

The mandatory minimum sentencing grew out of what Democratic Sen. Scott Wiener of San Francisco called a failed war on drugs that disproportionately incarcerated people who are Black or Latino.

Ends Failed War On Drugs

Wiener said the bill Newsom signed is important particularly for those suffering from drug addiction.

“Our prisons and jails are filled with people — particularly from communities of color — who have committed low-level, nonviolent drug offenses and who would be much better served by non-carceral options like probation, rehabilitation and treatment,” he said in a statement. “It’s an important measure that will help end California’s system of mass incarceration.”

Current state law still requires an individual to serve a mandatory minimum, spending several years in jail or prison for numerous drug crimes, the Chronicle noted. In addition, people who have a past conviction for a drug felony, such as possession or sale of controlled substances, are ineligible for probation.

The new bill will take effect in January.