PUBLIC WISES UP TO BAD DRUG POLICIES

Actor Robert Downey Jr. spent a year in Corcoran State Prison. Less than
four months ago, he was paroled. Cast as the new love interest on Ally
McBeal and offered a part in an forthcoming Hamlet, Downey seemed to be
reviving his career. Last week, he was arrested again. He'll be arraigned
Dec. 27 on charges that call for a minimum of three years behind bars.

His crime? He's a drug addict. His victim? Robert Downey Jr.

His only hope? A truce in the war on drugs.

American voters split down the middle in picking a president this year. But
on drug policy, a clear majority is emerging: Americans want to get smart
on drugs.

Drug policy issues were on the ballot in six states. The results show that
Americans are willing to rethink drug-control strategies in pragmatic ways.
The movement's slogan might be: Make Sense, Not War.

"Go to treatment," said California voters. "Go directly to drug treatment.
Do not rot in jail. Do not cost millions of dollars in prison costs."

In passing Proposition 36 by a 61 percent margin, voters decided that
non-violent offenders shouldn't be locked up for drug possession unless
they flunk two chances at rehab. People who've failed drug treatment in the
past get a fresh start under the law, which goes into effect July 1.

The law provides $180-million in start-up costs, then $120-million to fund
new treatment options. It will divert 36,000 Californians from cells to
treatment centers, estimates the Legislative Analyst. That would save about
$500-million in prison construction and about $225- million a year in
operating costs, the analyst predicted.

A Rand report released just before the election predicted Proposition 36
will reduce crime: Studies show drug offenders in treatment programs are
much less likely to commit crimes then and later.

Proposition 36 was based on an Arizona initiative passed five years ago
that's credited -- by some -- with lowering jail costs and helping some
users stay out of trouble.

Making it all work in California will not be easy. The state needs to
expand the treatment system, beef up parole follow-up and add money for
drug testing, which 36 does not fund.

But even if 36 doesn't fulfill the projections, it's got to be better than
what we've been doing. Some 30 percent of California inmates are locked up
on drug charges. More than 80 percent have a drug or alcohol problem,
according to state correction officials.

Like Downey, many users backslide again and again. Some eventually are able
to maintain a drug-free life; others can't kick their habits completely but
can reduce their use of drugs and the criminal behavior that supports it.

California isn't the only state where the voters are seeking to put more
money into drug treatment and roll back excesses of the drug war.

On Election Day, conservative Utah limited asset forfeiture, mostly used in
drug cases; 69 percent of voters said the government must prove by "clear
and convincing evidence" that property it wishes to confiscate was involved
in a crime. Profits from seizures will go to public education, not law
enforcement.

Liberal Oregon passed a similar law by a 66 percent margin: Property can't
be confiscated without conviction of a crime, and proceeds of forfeitures
must go to fund drug treatment not law enforcement.

Nevada and Colorado passed constitutional amendments letting patients with
certain illnesses use marijuana, if recommended by a physician. Both set up
a state-run confidential registry of patients allowed to grow and use
marijuana. Nevada's law directs the state legislature to create a legal
supply for medicinal marijuana users.

In California, Mendocino County voters went a step further, backing a
counbr%ide initiative to decriminalize backyard marijuana gardens.

Medicinal marijuana is a proven winner at the polls, despite fierce
opposition from the feds. In earlier elections, voters approved medicinal
marijuana in California, Oregon, Alaska, Washington State, Maine and
Washington, D.C.

Only in Massachusetts did a drug peace measure fail: 53 percent of voters
rejected a measure expanding eligibility for treatment, instead of jail,
and redirecting forfeitures to a drug treatment fund.

The public's pragmatism deserves smarter, more sensible leadership from the
federal government. The public is ready for a change. Now we need a leader.

Joanne Jacobs is a member of the San Jose Mercury News editorial board.