Pubdate: Mon, 04 Dec 2000
Source: San Jose Mercury News (CA)
Copyright: 2000 San Jose Mercury News
Contact:  750 Ridder Park Drive, San Jose, CA 95190
Fax: (408) 271-3792
Website: http://www.sjmercury.com/
Author: Joanne Jacobs

PUBLIC WISES UP TO BAD DRUG POLICIES

ACTOR Robert Downey Jr. spent a year in Corcoran State Prison. Less than 
four months ago, he was paroled. Cast as the new love interest on "Ally 
McBeal," and offered a part in an upcoming "Hamlet," Downey seemed to be 
reviving his career. Last week, he was arrested again. He'll be arraigned 
Dec. 27 on charges that call for a minimum of three years behind bars.

His crime? He's a drug addict. His victim? Robert Downey Jr.

His only hope? A truce in the war on drugs.

American voters split down the middle in picking a president this year. But 
on drug policy, a clear majority is emerging: Americans want to get smart 
on drugs.

Drug policy issues were on the ballot in six states. The results show that 
Americans are willing to rethink drug-control strategies in pragmatic ways. 
The movement's slogan might be: Make Sense, Not War.

"Go to treatment," said California voters. "Go directly to drug treatment. 
Do not rot in jail. Do not cost millions of dollars in prison costs."

In passing Proposition 36 by a 61 percent margin, voters decided that 
non-violent offenders shouldn't be locked up for drug possession unless 
they flunk two chances at rehab. People who've failed drug treatment in the 
past get a fresh start under the law, which goes into effect July 1.

The law provides $180 million in start-up costs, then $120 million to fund 
new treatment options. It will divert 36,000 Californians from cells to 
treatment centers, estimates the Legislative Analyst. That would save about 
$500 million in prison construction and about $225 million a year in 
operating costs, the analyst predicted.

A Rand report released just before the election predicted Proposition 36 
will reduce crime: Studies show drug offenders in treatment programs are 
much less likely to commit crimes then and later.

Proposition 36 was based on an Arizona initiative passed five years ago 
that's credited -- by some -- with lowering jail costs and helping some 
users stay out of trouble.

Making it all work in California will not be easy. The state needs to 
expand the treatment system, beef up parole follow-up and add money for 
drug testing, which 36 does not fund.

But even if 36 doesn't fulfill the projections, it's got to be better than 
what we've been doing. Some 30 percent of California inmates are locked up 
on drug charges. More than 80 percent have a drug or alcohol problem, 
according to state correction officials.

Like Downey, many users backslide again and again. Some eventually are able 
to maintain a drug-free life; others can't kick their habits completely but 
can reduce their use of drugs and the criminal behavior that supports it.

California isn't the only state where the voters are seeking to put more 
money into drug treatment and roll back excesses of the drug war.

On Election Day, conservative Utah limited asset forfeiture, mostly used in 
drug cases; 69 percent of voters said the government must prove by "clear 
and convincing evidence" that property it wishes to confiscate was involved 
in a crime. Profits from seizures will go to public education, not law 
enforcement.

Liberal Oregon passed a similar law by a 66 percent margin: Property can't 
be confiscated without conviction of a crime, and proceeds of forfeitures 
must go to fund drug treatment not law enforcement.

Nevada and Colorado passed constitutional amendments letting patients with 
certain illnesses use marijuana, if recommended by a physician. Both set up 
a state-run confidential registry of patients allowed to grow and use 
marijuana. Nevada's law directs the state legislature to create a legal 
supply for medicinal marijuana users.

In California, Mendocino County voters went a step further, backing a 
county-wide initiative to decriminalize backyard marijuana gardens.

Medicinal marijuana is a proven winner at the polls, despite fierce 
opposition from the feds. In earlier elections, voters OK'd medicinal 
marijuana in California, Oregon, Alaska, Washington State, Maine and 
Washington, D.C.

Only in Massachusetts did a drug peace measure fail: 53 percent of voters 
rejected a measure expanding eligibility for treatment, instead of jail, 
and redirecting forfeitures to a drug treatment fund.

The public's pragmatism deserves smarter, more sensible leadership from the 
federal government. The public is ready for a change. Now we need a leader.

Joanne Jacobs is a member of the Mercury News editorial board. Her column 
appears on Mondays and Thursdays.
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MAP posted-by: Jo-D