Pubdate: Thu, 07 Dec 2000
Source: Saint Paul Pioneer Press (MN)
Copyright: 2000 St. Paul Pioneer Press
Contact:  345 Cedar St., St. Paul, MN 55101
Website: http://www.pioneerplanet.com/
Forum: http://www.pioneerplanet.com/watercooler/
Author: Joanne Jacobs, is a member of the San Jose Mercury News editorial board

MAKE SENSE, NOT WAR

Voters Increasingly In Favor Of Altering Drug Message

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 a forthcoming ``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.

A clear majority is emerging on drug policy: 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 
nonviolent 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 Proposition 36 does not fund.

But even if Proposition 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, 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.

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 Legislature to create a legal supply 
for medicinal marijuana users.

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.
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MAP posted-by: Terry F