Pubdate: Thu, 16 May 2002
Source: Arizona Republic (AZ)
Copyright: 2002 The Arizona Republic
Contact:  http://www.arizonarepublic.com/
Details: http://www.mapinc.org/media/24
Author: Ashley Bach
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

POT BATTLE LOOMING FOR STATE

A headstrong politician and an idealistic billionaire are likely to 
face off on the state ballot this fall, but they won't be fighting 
for elected office.

Their battle is over marijuana.

Maricopa County Attorney Rick Romley and University of Phoenix 
founder John Sperling are each working on drug-policy initiatives for 
the November general election, but they have very different views on 
how the state should treat people caught with pot.

Sperling and his supporters are gathering signatures for an 
initiative that would decriminalize the possession of small amounts 
of marijuana. Instead of facing a Class 6 felony, anyone caught with 
2 ounces or less of the drug could be charged only with a civil 
violation, punishable by no more than $250. The proposal would also 
allow marijuana for medical purposes, with the supplies coming from 
Department of Public Safety contraband.

Romley, on the other hand, wants to overrule that plan by tweaking 
one of the billionaire's initiatives that was already passed into 
law. Under Romley's plan, judges could send first- and second-time 
drug offenders to jail if they refuse treatment. His proposal was 
given preliminary approval by the state Senate on Thursday and will 
go on the ballot if it passes in a final vote next week.

If voters pass both proposals, the one with the most votes will become law.

Sperling and two other investors, George Soros and Peter Lewis, have 
funded 19 initiatives in states across the country, each designed to 
loosen drug laws. And the trio has lost only twice.

In 1996, they passed Proposition 200 in Arizona, which says that 
first- and second-time drug offenders can't be sent to jail and 
allows marijuana for medical use. Two years later, voters approved a 
similar law after the Legislature voided most of the original measure.

Romley says he watched Sperling's success with frustration. By law, 
his office can't pay for television ads or circulate petitions, so he 
had little recourse against his opponent's deep pockets. In 1998, 
Sperling's group spent more than $1 million to get the 1996 law 
reinstated, while Romley says he spent $35,000 from private donations.

"It's very hard to compete with these very effective ads," Romley 
said. "It (my measure) is going to force them to debate this a little 
more."

Sperling referred questions to Sam Vagenas, spokesman for the People 
Have Spoken, the Phoenix-based group that campaigns for Sperling's 
initiatives.

Romley has long opposed any efforts to reform the way drug offenders 
are punished, despite what voters say, Vagenas said.

"This is another assault on the will of the people," he said. "That's 
what is at issue here."

Both sides differ not just on marijuana, but on how well Proposition 
200 has worked for drug offenders. They both say they believe in 
treatment for first-time offenders, but Romley and some judges say 
that if people refuse treatment, they're often let free.

Twenty-one percent of offenders convicted under the law in Maricopa 
County never show up for treatment, Romley said. Vagenas cites an 
Arizona Supreme Court study last year that says offenders under 
Proposition 200 are slightly less likely to drop out of treatment 
than other probationers.

The battle is likely to heat up if Romley's bill is passed next week. 
Vagenas said Sperling and his supporters will campaign aggressively 
against the competing measure, while still gathering the 101,762 
signatures needed to get the initiative on the ballot. Romley said he 
wants to be vocal in the media and raise private money.

The county attorney is deluded if he doesn't think voters want looser 
penalties for having drugs, Vagenas said.

"I believe they believe this," he said. "And if it takes a third time 
to do this, so be it."

Romley said he wants Sperling himself to enter the fray.

"I hope I can get John Sperling on one side of the table and me on 
the other side, and let's debate what's the right thing to do," he 
said.
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MAP posted-by: Josh