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: James McDonough
Note: McDonough is director of the Florida Office of Drug Control Policy

First Of Four Guest Columns

PROPOSAL IS A FREE PASS FOR ABUSERS

The proposed constitutional amendment, "Right to Treatment and 
Rehabilitation for Nonviolent Drug Offenses," would be more accurately 
titled "Right to Abuse Drugs."

It legalizes, de facto, the possession, purchase and use of all drugs - 
crack cocaine, heroin,  methamphetamines, marijuana, cocaine, Ecstasy and 
otherwise controlled pharmaceuticals such as the powerful and deadly 
oxycodone and fentanyl.

Although the wording of the proposed amendment indicates such legalization 
applies only to first and second offenses, it allows that any number of 
drug possessions and purchases can be linked together during a "single 
criminal episode" to qualify as a single offense.

This provision stands the law on its head by creating a free pass for the 
repeated commission of felonies occurring with the purchase, possession and 
use of Schedule I controlled substances listed in Florida Statute section 
893 (i.e., dangerous and illegal drugs).

Law enforcement most likely would be confounded in its attempt to prohibit 
drug felonies for purchase and possession, since there would be no 
consequences on the offender for a lawful arrest. The magical "third" 
offense would never occur, for the first two offenses arrests would be 
discounted.

Moreover, the proposed amendment defeats its own stated purpose by 
undermining successful treatment by removing any sense of personal 
responsibility for the individual being treated.

Treatment is defined as a "right;" indeed, use of the word "right" is 
stressed and repeated throughout the length of the amendment.

While the taxpayer is given an obligation to pay for treatment, the drug 
abuser is held to no requirement to refrain from using drugs or to see 
treatment through to successful completion.

Successful outcomes are not demanded and therefore, I can only conclude, 
not expected. The offender needs only to put in his or her time without 
concern for the outcomes. As the amendment reads, success or 18 months - 
"whichever comes first" - is the only requirement necessary to permit the 
individual to be excused from prosecution, sentencing or continuing court 
supervision.

In this manner, the amendment would render moot the entire Florida drug 
court system by removing the strong incentives of the criminal justice 
system to stay the course, as there would be no penalties for failure.

An offender may demand treatment as a right at any time, from the moment of 
being charged with the offense through conviction and sentencing. In so 
doing, at one fell swoop the ability of the drug court to monitor or 
supervise the progress of the "client" is removed.

What's left is an unfunded mandate that will lead to increased crime in 
Florida while ensuring that fewer of our addicted population receive 
effective treatment. The proposed amendment ignores in its entirety both 
the richness and effectiveness of Florida's drug court system and the 
substantial increases (over $100 million) in treatment funding for Florida 
over the past two years.

This is a cynical, imported ballot initiative that would normalize the use 
of drugs, confound the law in any attempt to curtail drug abuse and its 
felonious consequences, and remove the one element from treatment that all 
professionals agree is needed for success: strong incentive to get clean of 
drugs and stay clean.
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MAP posted-by: Beth