Would easing drug penalties help rehabilitate more addicts and small-time criminals?  Or would it open the door to more drug dealing and tie the hands of police and prosecutors? 

House members are weighing those arguments as they debate the "Smart on Crime Act." Proponents say the criminal laws need to be reformed to allow rehabilitation of addicts who stray into selling small amounts of drugs to feed their habits.

The bill would make it a misdemeanor. punishable by a fine of up to $1,000 and up to five years in prison, if convicted of selling small amounts of illegal drugs - no more than 4 grams of cocaine, for instance, or up to 14 grams of meth and up to 56 grams of marijuana.  Those convicted of such offenses would still be eligible for drug treatment programs under the bill.  Those with prior convictions, or convicted of selling illegal drugs to minors, would not be eligible for the lighter treatment.

"This bill reflects what is going on nationwide," said Del. Curtis S. Anderson, a Baltimore Democrat who is chief sponsor.  One in 100 people in the United States are in jail or prison, he pointed out, the highest rate of any nation in the world.  Seventy percent of those incarcerated are there for drug offenses, he added, and the overwhelming majority are African-Americans.  He ticked off a handfull of other states with similar provisions for small drug sales.

But opponents say easing the penalties sends the wrong message and deprives police and prosecutors of leverage they need to get small-time dealers to testify against others engaged in the drug trade.

"This is lightening the sentencing provisions dramatically in Maryland .. for drug dealing," said Del. Anthony J. O'Donnell, the minority leader from southern Maryland.  While he's in favor of providing treatment to addicts and even those caught selling drugs, O'Donnell said polls show "our citizens don't want us to go softer on drug dealers."

Other opponents pointed out that the state's prosecutors oppose the bill.  Del. Patrick L. McDonough, Republican from Harford and Baltimore counties, said easing the penalties would take away prosecutors' ability to use the threat of long prison sentences to get small-time dealers to turn in their suppliers.

But Democratic Del. Doyle L. Niemann, himself a prosecutor in Prince George's County, rose to say that judges now don't throw the book at first-time, small-time dealers anyway.  The bill would remove the stigma of a felony conviction, he said, which makes it hard to get a job after release. "This bill is about rehabilitation ..... it gives them another chance," he said.

Expect to hear more about the bill. Now up for preliminary approval, it was special-ordered, or held over, until this morning.  A similar bill is pending in a Senate committee.