MAKE SENSE, NOT WAR

Voters Increasingly In Favor Of Altering Drug Message

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 a 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.

A clear majority is emerging on drug policy: 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
nonviolent 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 Proposition 36 does not fund.

But even if Proposition 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, 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.

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 Legislature to create a legal supply
for medicinal marijuana users.

Medicinal marijuana is a proven winner at the polls, despite fierce
opposition from the feds. In earlier elections, voters OK'd 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.