Pubdate: Fri, 14 Jul 2000 Source: Tucson Citizen (AZ) Copyright: 2000 Tucson Citizen Contact: http://www.tucsoncitizen.com/ Author: Tom Collins, Citizen Phoenix Bureau POT MEASURE CALLED AID TO DRUG DEALERS Proposition 201 could protect them from prosecution, claims the Legislative Council, which analyzed the ballot measure. PHOENIX- Arizona lawmakers want voters to know that the latest ballot initiative on medical marijuana could end up making drug dealers immune from prosecution. But the chairman of the Drug Medicalization, Prevention and Control Act of 2000 campaign says lawmakers may be creating the loopholes in their explanation of the initiative, adopted Wednesday. Lawmakers on the Legislative Council charged with writing an analysis of ballot measures for a state-produced publicity pamphlet, adopted an explanation of Proposition 201 that says a person with a doctor's recommendation for marijuana use would be exempt from a number of state drug offenses up to selling drugs to kids. The explanation was done at the request of law enforcement officials. But the initiative's chairman, lawyer Michael Walt, said that loophole was never intended and urged the council to adopt an explanation clarifying the initiative. By adopting its own explanation, Walt told lawmakers it is the council itself that has opened the door to freeing drug dealers. Assuming the initiative passes, and in the absence of a clear law, judges would look to the analysis for the intent of the law, he said. "We certainly didn't intend to have meth or other drugs sold or given away to children," Walt said. But that argument didn't wash with lawmakers, who say it was the initiative-writers' job to craft their proposal. "With an initiative, the only way you can correct it is with another initiative," said Rep. Herschella Horton, D-Tucson. "Putting it in the analysis doesn't make it part of the initiative." Contention over the initiative's language led the group The People Have Spoken, sponsor of medical marijuana measures in 1996 and '98 to surrender the effort to Walt's group, Plants are Medicine. Jeny Landau, a lobbyist with the Maricopa County Attorney's Office who headed the law enforcement drive, said police want the measure to fail but also want to make sure voters know its implications. "It's a bad initiative," Landau said. Walt said he's convinced the measure will pass. Medical marijuana measures have a strong record in Arizona - the 1996 and '98 measures passed. - --- MAP posted-by: Don Beck