USA - Baltimore City considers fining out-of-town drug buyers

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Baltimore City considers fining out-of-town drug buyers

Jun 10, 2008 3:00 AM

by Stephen Janis and Jaime Malarkey, The Examiner

Out-of-towners who get busted for buying drugs in Baltimore City could face a $1,000 civil fine on top of criminal penalties under a proposal introduced before lawmakers Monday evening.

The legislation requires city police officers who arrest someone for buying drugs to issue a ticket if his or her city residency cannot be confirmed. The proposal targets non-Maryland residents as well as those from Baltimore’s suburban counties who buy drugs in the city, said bill sponsor Councilman William Cole IV.

“They feed this drug war and then they leave, and leave us to deal with carnage,” Cole said. “I’ve been looking for a way to make them pay for the problems they cause.”

About 15 percent of the 20,000 arrested for drug crimes with known addresses last year lived outside the city, according to police.

Other lawmakers and civil rights advocates questioned the constitutionality of punishing a crime differently depending on where a person lives.

The proposal also could pose double jeopardy concerns for the criminal system and undermines the accused’s right to an attorney, said David Rocah, a lawyer with the American Civil Liberties Union. The fine also could inspire lawmakers in Baltimore suburbs to adopt tougher penalties for city residents who purchase drugs there, he said.

Drug counselor Dr. Michael Hayes said civil fines wouldn’t keep addicts from feeding their habit.

“I appreciate that they mean well, but it’s much ado about nothing,” Hayes said. “They love to do something that looks good and sounds good, but have no substance to them.”

Other council members also cast doubt on the proposal’s chances at success.

“I agree with the idea in principle,” said Councilman Jack Young, D-12th District, “but I think we’ll have problems.”

sjanis@baltimoreexaminer.com

jmalarkey@baltimoreexaminer.com

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http://www.examiner.com/a-1433315~Ba...ug_buyers.html