THE PUBLIC SAYS 'YES' TO REDIRECTING DRUG WAR

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 ó by some ó 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
countywide 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 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.