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. - --- MAP posted-by: Jo-D