Pubdate: Fri, 03 Nov 2000 Source: Record, The (CA) Copyright: 2000 The Record Contact: P.O. Box 900, Stockton, CA 95201 Fax: (209) 547-8186 Website: http://www.recordnet.com/ Author: Michael Fitzgerald, For Substance Abuse and Crime Prevention Act items: http://www.mapinc.org/prop36.htm PROP. 36 HELPS CHANGE DUMB DRUG POLICIES Just as swallows annually flit home to San Juan Capistrano, and Mr. Jack Frost comes a-nippin' during fall, I practically froth at the mouth every year during Red Ribbon Week. This year, though, I did not burst into my annual rant about the failed and illiberal War on Drugs. This year we have Proposition 36. Wise Prop. 36 -- treatment not jail for minor, first-time drug offenders -- has been my calming Prozac. It's likely victory (a recent L.A. Times poll shows 58 percent of Californians supporting it, 28 percent no, the rest undecided) means we can look forward to at least one drug policy that actually works. A drug policy that does not hemorrhage tax money, expand the ominous California gulag or apply the state jackboot to our sacred civil liberties. No thanks to government, of course. No, the grim generals are busy plotting to invade Colombia, while the increasingly tyrannical feds fight the killer bunny of voter-approved medical marijuana in the courts. Yet change is coming. Finally. Spine grower Arizonans passed a version of Proposition 36 in 1996; preliminary studies say more than half the druggies who complete treatment stay drug-free. Because treatment works, Proposition 36 may rehabilitate not only California's druggies but its spineless politicians. They know the war on drugs has failed. They merely consider saying so a political taboo. When they see that voters support smart alternative drug policies, they no longer will need to ape the call for tougher laws, tougher punishments, no matter what the cost. Proposition 36 is part of something bigger: a national campaign to undo the worst excesses of the War on Drugs. A measure similar to 36 is on the Massachusetts ballot. Measures in Oregon and Utah seek to overhaul the unAmerican asset-seizure laws. Under these illiberal laws, police can seize your money, home and other assets because they suspect you're a drug crook. You, poor sap, are guilty until proven innocent. The Oregon law restores due process, requiring conviction before asset forfeiture. In Utah, the proposed law will give seized assets to schools, not police. Those funny feds Sanity, at last. Naturally the feds will fight it. Loopy from squandering $19.2 billion a year on its stunningly ineffective drug war, the federal government is fighting California's 1996 decision to give suffering patients needed marijuana all the way to the Supreme Court. If they're going to the wall to stop AIDS sufferers from eating marijuana brownies, God help Colombia. Yet this appallingly anti-democratic campaign has a silver lining. When the feds threatened California's doctors over medical marijuana, doctors fought back, winning the right to recommend marijuana to needy patients. Consequently, so did doctors in all states. Rulings in federal court become the law of the land. So those honest enough to admit the need for change in the War on Drugs need not schlepp to every state to drive a stake through bad drug policy. And columnists in all 50 states need not degenerate into bitter harangues every Red Ribbon Week as I do. A few Proposition 36s here and there and we might just turn this crazy thing around. Fitzgerald's column runs Wednesday, Friday and Sunday. Mail: P.O. Box 900, Stockton, CA 95201. Phone: 546-8270. Fax: 547-8186. E-mail: --- MAP posted-by: Jo-D