Pubdate: Fri, 20 Sep 2002
Source: Arizona Republic (AZ)
Copyright: 2002 The Arizona Republic
Contact:  http://www.arizonarepublic.com/
Details: http://www.mapinc.org/media/24

DEALING WITH DRUGS

'Yes' On Prop. 302, 'No' On 203

Imagine the state police handing out marijuana. Sound preposterous? That's 
just what Proposition 203 requires. The Department of Public Safety would 
have to distribute free pot to anyone with a registration card for medical 
marijuana.

Maybe the officers should include roach clips and Zig-Zag rolling papers.

Proposition 203 masquerades as a simple expansion of the measure voters 
approved six years ago, authorizing the use of marijuana for medical 
reasons and putting non-violent drug users into treatment instead of jail.

But read Proposition 203 closely, and you'll find a Pandora's box of nasty 
surprises. Here are just a few of the reasons to vote "no":

* People with qualifying health conditions would get registration cards 
entitling them to 2 ounces of free pot a month. As proof, they'd need a 
doctor's note saying they have a debilitating condition that may be 
mitigated by marijuana. Their caregivers could also get registration cards. 
So could children younger than 18, if the parents agreed. How long would it 
take for a shady industry to spring up to help people qualify?

* DPS would have to obtain and store marijuana and run a distribution 
system. Is this how we want the state police spending time and resources?

* Authorities' ability to seize the assets of drug-law violators would be 
drastically curtailed. The wide-ranging reach of forfeiture laws may be 
worth some scrutiny. But we shouldn't leap into such a dramatic change so 
hastily.

One of the main thrusts of Proposition 203 is to decriminalize the 
possession of 2 ounces or less of marijuana for personal use. Possession 
would still be subject to a $250 civil fine, rising to $750 on a third 
offense within a two-year period. The fine could be waived for those who 
undergo court-approved drug treatment.

Decriminalizing marijuana may indeed deserve more discussion. But this 
proposition, loaded with other baggage, isn't the basis for a carefully 
reasoned debate. Instead, it is an ill-conceived overhaul of drug laws that 
goes far beyond its purported aims.

The other drug-related ballot measure, Proposition 302, is just the 
opposite. Arizonans should vote "yes," because it accomplishes a clear, 
worthy goal - giving judges the hammer of imposing jail time on convicted 
drug users who refuse to get court-ordered treatment.

Under current law, first-time offenders for personal possession of drugs 
aren't sent to jail. Instead, they're put on probation and required to 
attend a drug treatment or education program. This is a sensible way to 
help drug abusers confront their problem - as long as they follow and 
complete the program. The dilemma is what to do if they refuse to comply.

With other offenses, the answer is simple: The judge revokes probation and 
the offender goes to jail. But if a first-time drug offender doesn't follow 
the probationary requirement to get drug treatment . . . well, that's just 
too bad.

This is not a sensible way to encourage respect for the law. Proposition 
302 would give judges the option of putting those who refuse treatment 
behind bars.

Opponents of Proposition 302 argue that the option is unnecessary, because 
a judge can always hold someone in contempt for refusing to follow a court 
order. But that's too cumbersome and costly, with the whole process of a 
separate hearing.

To encourage respect for the law, to take the best approach to drug use, 
voters should say "yes" to Proposition 302 and "no" to Proposition 203.
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MAP posted-by: Keith Brilhart