With politicians from both houses and the governor calling for rewriting the state's tough Rockefeller-era drug laws, it would seem change is in the air. But a close look at the different proposals on the table show Republicans and Democrats are far apart on the details of how to do it. Minimum sentences, judges' discretion, prosecutors' power are just some of the thorny issues. Enacted under Gov. Nelson Rockefeller in 1973, New York's drug laws are considered among the nation's harshest.
Offenders can receive life terms for possessing or selling even small amounts of narcotics.
The laws granted judges little discretion on sentencing people convicted of certain felonies. Since their enactment, the laws have contributed to the growth in the number of state prisoners. The prison population mushroomed from 12,500 in 1973 to 71,472 in 1999, but has now dropped off slightly. About 21,000 inmates are serving time for drug convictions. There were 20 state prisons in 1973 compared to 71 currently.