On drug prosecution: A balanced approach to the ‘ice’ epidemic

Use of crystal methamphetamine, commonly known as “ice,” is an epidemic spreading across the Commonwealth. Our statistics show a significant increase in the number of referrals from the CNMI Drug Task Force for the offenses of trafficking and illegal possession of a controlled substance. The number of cases prosecuted by the Office of the Attorney General more than tripled in the last few years. In 2013, we prosecuted 16 drug cases, followed by 11 cases in 2014, 25 in 2015, and 44 in 2016. The OAG believes that these numbers will only increase in the years to come if we do not address the root of the drug epidemic in the CNMI, specifically the behavioral impact the drug has on addicts.

In 2017, the OAG has thus far charged 36 drug cases, 32 of which involve trafficking. Most of these cases involve the trafficking of five grams or less of crystal methamphetamine. The prosecutors have observed that the defendants tend to be addicts selling to support their own habit.

Those who commit crimes should be punished. Realistically, the OAG cannot take every case to trial. With my approval, the prosecutors developed a policy and guidelines for plea negotiations in drug cases based on criminal justice studies. The majority of the studies suggest lengthy jail sentences are not an effective means for dealing with drug addiction. Rehabilitation is more effective than a sentence of only imprisonment.

Not every drug case will lead to a plea negotiation. In assessing the appropriateness of a negotiated plea, our office takes into consideration several factors, such as the weight of the evidence, the circumstances of the offense, the costs associated with trial, and the uncertainty of a conviction. A plea negotiation that includes an immediate incarceration of the offender accomplishes our goal of protecting the community from the defendant and further harm to the community.

Our policy also provides an opportunity for a person to change his or her life. When a case is amended to a charge that carries a maximum of five years, as opposed to the 25 years required under the trafficking statute, we do so after careful consideration of the factors listed in our policy. Our sentencing proposals over the past three years have been consistent.

According to the reported cases, most trafficking cases in the Commonwealth involve five grams of crystal meth or less. Under our policy, if approved for plea negotiations, a proposal for trafficking of five grams of crystal meth or less will generally be offered a range of zero to five years imprisonment for a reduced charge.

Drug use and trafficking is not a victimless crime. Families have been touched in some way by the drug crisis spreading through our islands. The families dealing with addicts are also victims of the addiction and the addict’s behavior.

Our office works closely with the drug court program. The court, through its own initiative, established the drug court, recognizing the need to help addicts overcome their addiction and become productive members of our community. The drug court program helps to address the growing need for rehabilitation programs and alternative sentencing. The opening of a rehab center on Saipan is a good start. We hope that more efforts are made to further drug rehabilitation in the CNMI.

Our office believes that the interest of justice demands that we do more than simply lock up an offender and throw away the key. Throwing people in jail for 25 or more years will not fix the ice epidemic in the CNMI. It will only further alienate addicts from their family, diminish their chance for recovery, and continue the vicious cycle of addiction and criminal behavior.

Our office will continue to handle drug cases based on the plea negotiation and guidelines we have established. We will continue to work closely with the drug court program and other law enforcement agencies in an effective partnership to stem the growing tide of drug-related criminal cases.

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Edward Manibusan is attorney general of the Commonwealth of the Northern Mariana Islands.