FLORIDA EYED AS 2002 BATTLEGROUND FOR DRUG REFORM LAWS

A proposed ballot measure would require courts to steer certain first- and
second-time drug-law violators into treatment and rehab programs.

Calling the war on drugs an abject failure that wrongfully imprisons
small-time users more in need of medical care, a California drug-reform
group backed by three of the country's richest entrepreneurs is targeting
Florida as its next battleground.

The Campaign for New Drug Policies -- which receives heavy support from
billionaire financier George Soros, insurance executive Peter Lewis and
for-profit university founder John Sperling -- recently registered with the
Secretary of State's office in Tallahassee in hopes of placing its reform
measure on the fall 2002 ballot as a voter-driven initiative.

Entitled the "Right to Treatment and Rehabilitation for Nonviolent Drug
Offenders," the ballot measure would require courts to steer certain first-
and second-time drug-law violators into treatment and rehab programs. It's
modeled after California's Proposition 36, approved by voters last year.

Eligible offenders would come from the ranks of those charged with simple
possession or purchase of drugs or drug paraphernalia, whether it be
marijuana, heroin, cocaine or any other illegal substance. The ballot
language leaves pursuit of that option up to defendants but calls it "a
matter of right."

Those accused of selling, delivering or trafficking drugs, as well as
offenders facing accompanying charges of theft or violent crimes, drunken
driving and any felonies would be barred from the treatment alternative. So
would individuals convicted or imprisoned for violent crimes within five
years of their drug offense.

"The concept of drug addiction, when you look at it from almost any other
perspective besides that of politics, is that it's a sickness," said Sydney
Smith, a Miami defense attorney and chairman of the Florida reform effort.
"It's been driven in the last decade by dogma, not science."

Bill Zimmerman, the California political consultant who heads the Campaign
for New Drug Policies, estimated that 10,000 Floridians each year are put
behind bars who meet the criteria of the proposed law, a per capita rate
second in this country only to his home state.

"We can save the state a great deal of money and save the lives of numerous
drug offenders who would otherwise be stigmatized," he said. "People in
large numbers are rejecting the war on drugs."

To get on the statewide ballot in 17 months, the group must submit in
advance a total of 488,872 valid signatures of voters, said state elections
officials. That figure is derived from a formula requiring a minimum number
of signatures from each of the state's 23 congressional districts, said
Joel Mynard, an official with the state Division of Elections.

Ten percent of that total, or roughly 49,000 signatures, is required by the
end of this year to trigger a review by the state attorney general and then
the Florida Supreme Court to ensure the measure complies with ballot-access
laws.

Zimmerman said the group hopes to reach that initial threshold by
mid-August. But according to Smith, the campaign already is close to
meeting the target, thanks to the efforts of paid signature-gatherers in 15
key counties. Those efforts have yet to extend into Southwest Florida, he said.

Asked about grassroots work to build support for a new law, Smith
acknowledged to being a one-man operation at the moment. But the group's
polling shows that a majority of state residents support the changes, both
Zimmerman and Smith said.

"We're not trying to create any political constituency," said Smith. "Our
position is most people already support this initiative."

In California, Proposition 36 passed despite opposition from "virtually the
entire political and media structure," Zimmerman said.

"We find the public has very strong feelings about this issue and doesn't
pay much attention to the political structure or admonishments from the
media on how to vote," he said. "I don't think we're going to have trouble
winning."

The proposal so far seems to have gone largely unnoticed around the state.
Members of Gov. Jeb Bush's press office weren't familiar with the
initiative effort and did not respond to a Daily News request for comment.

Locally, State Attorney Joe D'Alessandro also wasn't aware of the reform
measure, but said he was not opposed to "the concept" of mandatory drug
treatment for non-violent first offenders.

The devil, as always, remains in the details.

"Virtually everyone in law enforcement believes in more treatment," he
said. "The problem is we don't have enough treatment centers. It takes a
lot of time, money and effort. If they want to go that route, they better
fund it, or else we're whistling in the wind."

The ballot language leaves "determination of the type and duration of the
appropriate treatment program" up to a "qualified professional." Treatment
would be capped at 18 months.

Zimmerman figures Florida would need to invest $35 million to $40 million
annually into expanded drug treatment -- or less than half of what the
state would save by decreasing its jail and prison population.

D'Alessandro cautioned that such calculations assume "that the people you
are treating are successful" and don't wind up back in the penal system.
"If not, you're doubling the costs."

Leaders of the nationwide drug reform effort, including the Soros-backed
Lindesmith Center/Drug Policy Foundation in New York, are also mulling
similar efforts next year in Ohio and Michigan, said Zimmerman. But work in
those states isn't as advanced as in Florida.

The complete text of the proposal can be found on the Florida Department of
State's Web site at Internet at
http://election.dos.state.fl.us/initiatives/initiativelist.asp. Among the other
initiative efforts registered with the state is a medical marijuana
proposal by a group called Floridians for Medical Rights.

Users can access more information about voter initiatives at Internet site
www.myflorida.com. Go to the Elections section (Under the Florida
Department of State), then to the Election Information link, then to the
Initiatives-Petitions section and click on the Initiatives, Amendments &
Revisions link in the left-hand column. Users can also access the full text
of the drug reform initiative at

http://election.dos.state.fl.us/initiatives/fulltext/34424-1.htm