Pubdate: Fri, 29 Dec 2000 Source: Otago Daily Times (New Zealand) Copyright: Allied Press Limited, 2000 Contact: P.O. Box 181, 52-66 Lower Stuart Street, Dunedin, New Zealand Website: http://www2.odt.co.nz Pubdate: Fri, 29 Dec 2000 Source: Otago Daily Times (New Zealand) Author: Ethan Nadelmann Note: Originally published in the Los Angeles Times. * Note on New Zealand was in the Otago Daily Times article. Cited: TLC-DPF: http://www.drugpolicy.org/ BOOST FOR DRUG REFORM Referendum results in the recent United States election seem to indicate the pendulum there is reversing direction in the war against "soft" drugs. ETHAN NADELMANN, executive director of the pro-cannabis US Lindesmith Centre-Drug Policy, discusses these results. ELECTION Day 2000 was a big day for drug policy reform. In California, voters overwhelmingly endorsed "Proposition 36", the treatment instead of incarceration ballot initiative that should result in tens of thousands of nonviolent drug-possession offenders being diverted from prison into programmes that may help them get their lives together. The new law may do more to reverse the unnecessary incarceration of nonviolent citizens than any other law enacted anywhere in the country in decades. It was not just California that opted for drug reform. Voters in Nevada and Colorado approved medical-marijuana ballot initiatives, following in the footsteps of California, Oregon, Alaska, Washington state, Maine and Washington DC. In Oregon and Utah, voters overwhelmingly approved ballot initiatives requiring police and prosecutors to meet a reasonable burden of proof before seizing money and other property from people they suspect of criminal activity. They also mandated the proceeds of legal forfeitures be handed over, not to the police and prosecuting agencies that had seized the property, but to funds for education or drug treatment. In Oregon, the first of 11 states to decriminalise marijuana during the 1970s, voters in 1998 rejected an effort by the state legislature to recriminalise marijuana. And in Mendocino County, California, voters this year approved an initiative to decriminalise personal cultivation of modest amounts of marijuana. Clearly, more and more citizens realise the drug war has failed and are looking for new approaches. The votes also suggest there are limits to what people will accept in the name of the war on drugs. Parents don't want their teenagers to use marijuana, but they also want sick people who could benefit from marijuana to have it. People don't want drug dealers profiting from their illicit activities, but neither do they want police empowered to take what they want from anyone they merely suspect of criminal activity. Americans don't approve of people using heroin or cocaine, but neither do they want them locked up without first offering them opportunities to get their lives together outside prison. So what do drug policy reformers do next? In the case of medical marijuana, three things: enact medical marijuana laws in other states through the legislative process; work to ensure that medical-marijuana laws are effectively implemented; and try to induce the federal government to stop undermining efforts by state officials to establish regulated distribution systems. If California's new law is implemented in good faith, with minimal corruption of its aims, the benefits could be extraordinary, saving taxpayers up to $US 1.5 billion in prison costs over the next five years while making good drug treatment available to hundreds of thousands. The victories demonstrated once again the public is ahead of the politicians when it comes to embracing pragmatic drug-policy reforms. Yet there was growing evidence this year that even some politicians were beginning to get it. Three states - North Dakota, Minnesota and Hawaii - legalised the cultivation of hemp (to the extent permitted by federal law). Hawaii enacted a medical-marijuana law this year. Perhaps it's too early to claim that all this adds up to a national vote of no confidence in the war on drugs. But the pendulum does seem to be reversing direction. * The New Zealand Parliament's health select committee is continuing its inquiry into legislation affecting cannabis use and is due to report back in February. The issue was last examined here in 1972, when continuing prohibition was recommended. Subsequently, the 1998 select committee inquiry into the mental health effects of cannabis recommended a review of the appropriateness of existing policy and reconsideration of the legal status of cannabis. - --- MAP posted-by: Richard Lake