Source: Milwaukee Journal Sentinel (WI) Contact: (414) 224-8280 Website: http://www.jsonline.com/ Copyright: 1998, Milwaukee Journal Sentinel. Author: David S. Broder Washington Post Pubdate: Fri, 23 Oct 1998 MEDICAL MARIJUANA MOVEMENT FINDS FRIENDS IN 3 MILLIONAIRES Trio helping finance ballot drives in six states and Washington, D.C. Phoenix -- A war against the "war on drugs," fueled by millionaires, not pot-smoking hippies, is taking place in six states and the District of Columbia this month. Voters in Alaska, Colorado, Nevada, Oregon, Washington and the District will find initiatives on their Nov. 3 ballots allowing physicians, under defined conditions, to obtain and dispense marijuana as a palliative to their patients. Here in Arizona, the medical marijuana question is before the voters as part of a broader referendum on decriminalizing a wide category of drugs. Sponsors say they think they will win in every state and opponents in the law enforcement community, Congress and the Clinton administration fear they might be right. One reason for the optimism among proponents is the money that has come in from three men: New York financier George Soros, Cleveland insurance executive Peter B. Lewis and Phoenix entrepreneur John Sperling, who are staunch critics of the anti-drug policies of successive Republican and Democratic administrations. The three are financing most of the $2 million campaign being run by the Los Angeles-based Americans for Medical Rights, which is coordinating the ballot drives everywhere but Arizona. Sperling is the principal backer of the Arizona referendum, which has raised $1.4 million so far. Dave Fratello, spokesman for the national organization, said, "The goal is to change national policy, but we know we will have to win more battles in 1999 and 2000 before that happens." California voters approved a medical marijuana initiative in 1996, but state and federal authorities have made a persistent effort to prevent people from selling marijuana to individuals who obtain a doctor's prescription. Nonetheless, some "cannabis clubs" are operating. Proponents of the initiatives, such as Portland physician Richard Bayer, claim there are many cancer and AIDS patients for whom marijuana is the most effective drug in relieving nausea and other debilitating side effects. The Oregon campaign is using a multiple sclerosis patient as a spokeswoman. A poll this month showed the proposal with a 64% to 30% lead, but sponsors said they expected it to narrow. On the other side, the White House Office of National Drug Control Policy is distributing talking points to community anti-drug coalitions and urging newspapers in initiative states to editorialize against these propositions. Its position papers contend other drugs can meet the medical needs of cancer and AIDS patients and urge that marijuana not be legalized -- at least until the Food and Drug Administration and the Institute of Medicine complete ongoing studies on its safety and effectiveness. Local law enforcement agencies have not mobilized major money or strong grass-roots opposition to the initiatives. Sen. Jon Kyl (R-Ariz.), an opponent of the Arizona decriminalization effort, said, "When it's everybody's responsibility, it's nobody's responsibility." The Arizona battle might be the most significant because of the breadth of the referendum. In 1996, Sperling, president of the Apollo Group Inc., which owns, among other enterprises, the for-profit University of Phoenix, launched the "Drug Medicalization, Prevention and Control" initiative, with financial backing from Soros and Lewis. In addition to permitting marijuana prescriptions, it provided that instead of jail, the first two possession convictions would result in probation and participation in a drug treatment or education program. He enlisted bipartisan support from Marvin S. Cohen, a Carter administration chairman of the Civil Aeronautics Board, and John Norton, a deputy secretary in the Reagan administration Agriculture Department. His big catch was former Sen. Dennis DeConcini (D-Ariz.), who said in a television commercial, "As a former prosecutor and U.S. senator I've spent my life fighting against drugs, and I can tell you that the Drug Medicalization Act will strengthen our drug policy." The TV spots in the 1996 initiative campaign stressed the provision requiring those convicted of violent crimes while under the influence of drugs to serve their full sentences, without parole. The ads also argued that clearing prisons of people convicted of simple possession would save money and make space for hardened criminals. The measure passed with little opposition. It was only afterward, said state Rep. Mike Gardner, that legislators discovered it had been written to include not just marijuana but 116 also other "Schedule I" drugs including LSD, heroin and PCP. Gardner, chairman of the state House Judiciary Committee, immediately met with his state Senate counterpart, and they drafted and passed two bills. One ordered jail time for anyone convicted of possession who refused treatment and the other suspended medical use of any of the 117 drugs, including marijuana, until it is approved by Congress or the FDA. No sooner were the bills signed than Sperling and his team, now calling themselves "The People Have Spoken" coalition, rounded up signatures to force Gardner's bills to referendum. The conflict quickly escalated. Sperling's side filed a second initiative for the Nov. 3 ballot that would bar the legislature from making anything other than technical changes in voter-approved measures and require a three-fourths majority even for those. The legislature replied with a countermeasure that would sunset initiatives after five years and permit substantive amendments on a two-thirds vote. - --- Checked-by: Joel W. Johnson