SENSE OF PROPORTION WILL HELP DRUG WAR

The 8th U.S. Circuit Court of Appeals declared a life sentence for
possession of $20 worth of cocaine so harsh as to be unconstitutional
on Monday, saying "it denies reality and contradicts precedent to say
that all drug crimes are of equal seriousness and pose the same
threat to society." Arkansas has 90 days to decide whether to
resentence Grove Henderson -- a first-time offender sentenced in 1994
- -- or let him go.

Meanwhile, in the Brixton area of south London, an experiment is
going on with the approval of Scotland Yard. For six months, people
found in possession of small amounts of marijuana will have the drug
confiscated, but they won't be prosecuted. The move, they say, will
free up police resources to battle harder drugs and other crimes they
consider more heinous than smoking a joint. There is speculation that
if all hell doesn't break loose -- as it doesn't seem to have done in
Spain or the Netherlands -- policies could be loosened up throughout
Britain.

Along with the medical marijuana measures that have been passed by
the citizenry in various places and the reaction to some of President
Clinton's pardons, situations like these make us wonder: are people
starting to develop a sense of proportion on the drug issue?

A person doesn't have to like narcotics to deplore the witchhunt
mentality that has permeated the War on Drugs. The "war" has been
used as an excuse to erode our fundamental American rights like
freedom from unreasonable search and seizure, labeling politicians
who stand up for the Constitution as "soft on drugs." It has been
used to confiscate property from people who haven't been found guilty
of anything in a court of law. It has been used to try to justify
high-tech spying on American homes. It has been used to impose
absurdly stiff sentences on people like Mr. Henderson, who can hardly
be described as a drug kingpin.

We don't approve of cocaine, but neither do we approve of spending
tax money to feed, clothe, house and guard people for the rest of
their lives just because they showed bad judgment. We also think
possession of a truckload of the stuff should carry a stiffer
sentence than possession of less than a teaspoonful, if that clashes
with anyone's version of "no tolerance," so be it.

It makes sense to focus police resources on the drugs that cause the
most problems and use drug courts to get offenders back on track as
contributing members of society, trends we have been seeing lately in
Oklahoma. A sense of proportion can only help the battle against
drugs.