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US: Column: Voters Getting Wise To The War On Drugs

Washington Post (DC)

Wednesday 15 Nov 2000

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Website: http://www.washingtonpost.com/
Author: Judy Mann



The tide is turning in the public's attitude toward the war on drugs.
Successful initiatives in five states show growing support for sensible
drug policies such as treatment and rehabilitation that turn addicts
into useful members of society as opposed to costly incarceration that
doesn't.

California, with the highest drug incarceration rate and the highest
drug use rate in the country, is a bellwether state for social change.

Its voters recently passed Proposition 36, the most important drug
reform initiative so far, by 61 percent to 39 percent, or a margin of 2
million votes.

The initiative allocates $120 million a year for five years toward
setting up comprehensive and well-monitored drug treatment programs,
backed up by job and literacy training and family counseling. A
California legislative report estimated that this new approach would
divert 24,000 nonviolent offenders and 12,000 parole violators into
treatment programs each year-- instead of sending them to jail--saving
taxpayers more than $200 million a year.

Nevada and Colorado voters passed initiatives to make marijuana legal
for medical use. Patients with certain illnesses will be able to obtain
credentials that protect them from prosecution for possessing or
cultivating the plant for their own use. Six other states already make
marijuana available to patients with cancer, AIDS and multiple
sclerosis, among other diseases.

In Oregon and Utah, voters passed initiatives to curb abuses by law
enforcement agencies in seizing and selling assets of people they
suspect were involved in a drug crime.

In both states, police departments have gotten bonanzas from forfeited
assets.

As a result of these initiatives, police and prosecutors will have to
prove that property was involved in a drug crime before it can be
seized.

Proceeds from seized assets now will go toward public education or drug
treatment, not to the police.

Efforts to support these initiatives were led by the Campaign for New
Drug Policies, and the Lindesmith Center-Drug Policy Foundation, which
is backed by financier George Soros. In Massachusetts, the two
organizations backed an initiative that failed.

It would have reformed the system of property seizure, but it also would
have gone much further than the other initiatives to provide drug
treatment to low-level drug dealers as an alternative to sending them to
jail. It was opposed by every district attorney and every police chief,
as well as the states' two biggest newspapers.

Another initiative would have legalized marijuana in Alaska. That
effort, which the two organizations were not involved in, failed by 60
percent to 40 percent.

The campaign to reform drug laws has been effective.

Backers have framed their arguments in terms of reducing harm caused by
drugs, rejecting the harsh law-and-order zero-tolerance policies that
have stuffed jails with nonviolent drug offenders.

Ethan Nadelman, executive director of Lindesmith, argues that a drug
policy's success ought to be judged on the rise or fall of such things
as drug overdose deaths, the incidence of HIV/ AIDS attributable to
dirty needles, spending on prisons, crime rates and suffering associated
with drug use. He says drug reformers have had more success during the
past year in state legislatures than in the past 10 or 15 years
combined--with Hawaii legalizing medical use of marijuana, Vermont
adopting an enlightened methadone treatment program, three states
passing legislation making syringes available through pharmacies, as
examples.

"We do see some significant transformation of opinion and sentiment,"
Nadelman says.

Under California's watershed Proposition 36, which will be the most
watched reform, the first $60 million will be spent between January and
June to set up treatment and rehabilitation programs.

A statewide monitoring system will track how well they work. Instead of
the usual skimpy funding that ensures rehabilitation programs will fall
short, this effort has enough money to treat most offenders, if not all.
Judges have the authority to send offenders into more restrictive and
intense treatment if they are relapsing--and if that doesn't work, they
can sentence them to prison.

Backers of these drug policy reforms will be working to ensure that they
are effective, and they will be looking to export these initiatives to
other states. The drug policy reform effort is creating unlikely
allies.

In Utah, for example, liberals backed the crackdown on property seizure
abuses because they violate civil rights.

Conservatives back the measure because it protects individual property
rights.

Arizona already had chosen treatment and rehabilitation over
incarceration, and like Utah, it is one of our most conservative states.

Support for changing the country's approach to drug control is also
coming from the Congressional Black Caucus and civil rights
organizations because of the racial disparities in the drug war.
Mandatory minimum sentencing laws have sent the black prison population
soaring with low-level offenders. High-level dealers can snitch their
way out of long terms by providing substantial assistance to prosecutors
in rounding up members of their drug-dealing conspiracies. The low-
level street dealers have no one to snitch on. They're doing the time.

Momentum for reform is gathering a head of steam now, certainly at the
state level. Members of Congress need to start paying attention.

Voters have signaled that they want drug laws reformed to protect civil
rights and to promote public health.

In this year's elections, solid majorities in five conservative and
liberal western states said very clearly that they want smarter, safer,
more effective and more constitutional policies.

Sanity is threatening to make a comeback.


 

 

 

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