Pubdate: Mon, 28 Oct 2002
Source: Sun, The (AZ)
Copyright: 2002 The Sun
Contact:  http://www.yumasun.com/
Details: http://www.mapinc.org/media/1258
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/area/Arizona

PROPOSITIONS WOULD CHANGE CRIMINAL LAWS

Although most of the attention has been focused on the Indian gaming 
propositions on the Nov. 5 ballot, there are several other initiatives 
involving efforts to change the criminal laws of the state that are 
deserving of voter attention.

Proposition 103 would add several sexual offenses to "non-bailable" 
categories, Proposition 203 would change penalties related to marijuana use 
and establish a medical marijuana program, and Proposition 302 would define 
requirements for treatment of drug users.

Prop 103 aims to treat the crimes of sexual assault, sexual conduct with a 
minor and molestation of child more seriously, allowing a judge to deny 
bail to suspects if there is a high presumption the suspect is guilty, and 
therefore might flee, or if there is a possibility they will harm others if 
released. Similar latitude is already allowed for some other crimes, 
including murder.

While there must be concern about abuse of the legal system to detain 
suspects unreasonably, sexual predators are a particular danger to society. 
The harm they do, especially to children, is incalculable. The potential 
threat to the victims should they be released is also great. It seems 
reasonable to put them is a special category.

Propositions 203 and 302 are related to illegal drug use.

The most controversial one is Prop 203 which decriminalizes the possession 
of small amounts of marijuana. While we generally agree with the idea of 
decriminalizing drug use and putting the emphasis on treatment rather than 
incarceration, Prop 203 has a troubling provision. It seeks to require the 
state to set up a medical marijuana system and have the Department of 
Public Safety act as a distributor of marijuana to certified patients.

We understand the impetus for the plan - a previous voter-approved 
initiative to allow medical use of marijuana has been thwarted by state and 
federal officials - but establishing a costly new state program is not the 
appropriate way to address the frustration felt by supporters of the idea.

Prop 302 involves the issue of drug treatment and probation. It would make 
first-time personal drug users eligible for probation and drug treatment 
rather than incarceration. However, it would allow incarceration if the 
person refused treatment or violated probation. This is a sensible approach 
to dealing with minor drug offenders.
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