As the 2002 state legislative session draws to a close scheduled for Thursday, Governor Pataki and the legislature are seeking an agreement to weaken New York’s drug sentencing laws, which Governor Rockefeller pushed through in 1973. While Mr. Pataki has proposed reforming the laws before — he failed to reach an agreement on the issue as recently as last year — all sides in Albany agree that the laws are too harsh and cry out for reform, differing only about the extent of the problem.

Well, it strikes us as a passing strange moment to make this argument. We have just come through a heroic period of conquering crime in this state, and it’s hard to see that this is the moment for weakening laws against drug dealing. Tales of the laws’ harshness are increasingly rare and almost always drawn from the margins. More to the point, a move to loosen sentencing rules would send precisely the wrong message at a time when New York City is seeking to sustain the law-and-order gains achieved by Mayor Giuliani.

Much is made of so-called non-violent offenders being slapped with unreasonable sentences. Fewer than six-tenths of one percent of New York’s 76,000-plus prison inmates are non-violent, first time offenders sentenced under the Rockefeller laws. “Non-violent” as defined by New York State is a non sequitur, since the category includes such offenses as third and second degree rape, second degree manslaughter, and third degree robbery. The Rockefeller laws do, meanwhile, send violent criminals to jail on drug charges. The district attorneys are some of the strongest supporters of the Rockefeller laws, which not only lock up criminals, but also aid in plea bargaining.

Usually, a deal in Albany would be preceded by the governor huddling with the Senate and Assembly leaders — a session which has not yet been held. Assembly Democrats may prove reluctant to hand the governor a victory on this issue, when a victory could be used to his benefit during the general election. The logical direction with respect to drug laws is to protect the gains law enforcement authorities have made in the past decade. This is not the time to send a signal of softness on crime and criminals.