Pubdate: Sun, 08 Jul 2001 Source: Florida Today (FL) Copyright: 2001 FLORIDA TODAY Contact: http://www.flatoday.com/ Details: http://www.mapinc.org/media/532 Author: Calvina Fay Note: Fay is executive director of the Drug Free America Foundation, Inc., St. Petersburg Bookmark: http://www.mapinc.org/rehab.htm (Treatment) Second Of Four Guest Columns OUTSIDERS TARGET STATE WITH DRUG SCAM Big bucks from outsiders will soon pour into our state to fund a drug legalization initiative titled "Right to Treatment and Rehabilitation for Nonviolent Drug Offenses." The ballot initiative, which amends our state Constitution, will be funded by three wealthy out-of-state businessmen. This initiative violates fundamental principles of the American system of justice, which is based upon the sound principle that a meaningful and negative consequence should be imposed for criminal wrongdoing. It entirely eliminates any negative consequences for those convicted - - not once but, twice - of possessing or purchasing drugs. This includes all illegal drugs such as heroin, LSD, cocaine, PCP, crack cocaine, marijuana, and Ecstasy. It eliminates punishment for misdemeanor and felony offenses. The proposed amendment eliminates all deterrent effects that the criminal statutes are designed to achieve. It eliminates meaningful restrictions on potentially dangerous drug abusers and other offenders, which could otherwise prevent them from influencing or victimizing others by their ongoing criminal conduct. And, it removes the leverage that we need to shepherd addicts through successful treatment. This proposed ballot initiative provides a constitutional right "to treatment and rehabilitation." When compared to the important rights which have traditionally been granted constitutional protection, extending a "right" to treatment and rehabilitation for those convicted or charged with possessing or purchasing illegal drugs is a radical and outlandish concept. By no stretch of the imagination does a so-called "right" to treatment and rehabilitation rise to the level of an entitlement worthy of constitutional protection. The drafters of the proposed amendment are attempting to create an exclusive right that may only be enjoyed by convicted criminals. This constitutional amendment guts judicial authority completely on first and second offenses and will destroy our effective drug courts. Further, it specifically states that a judge may allow a criminal convicted of multiple offenses to elect to receive treatment rather than incarceration or even sentencing. One can only speculate how many times a person can be "rehabilitated" under this system. This initiative provides a ready loophole for drug dealers and distributors. By making a large number of small purchases and arguing that they were not made as part of "the same criminal episode," they could assert their "right" to treatment. Finally, this constitutional amendment, if enacted, will foster complex and costly litigation over the meaning of its terms because it is full of critical phrases which are not clearly defined. And, in the end it will be hardworking, law-abiding Floridians who will pay for this debacle. - --- MAP posted-by: Josh Sutcliffe