U.S. IS WAKING UP TO DRUG WAR FIASCO

For years, the nation has been trying to combat drug use and addiction
with tough law enforcement - aggressive policing, firm prosecution and
long prison sentences. But the results have been mixed at best. And all
across the country, doubts about the drug war are not only surfacing but
also leading to changes in policy.

In November, Californians approved a ballot initiative mandating
treatment instead of incarceration for those guilty of drug possession
or use, something Arizonans endorsed in 1996. Earlier this month,
Republican Gov. George Pataki of New York moved in the same direction
when he said he wants to "dramatically" reform the state's notoriously
harsh drug laws, begun in the 1970s by Gov. Nelson Rockefeller. In New
Mexico, Republican Gov. Gary Johnson has strongly endorsed the proposals
of a commission that urged an even sharper change of direction.

The New York laws, though not quite the most Draconian in the country,
gained public notice because they were among the first to impose long
mandatory sentences for possession or sale of relatively small amounts
of hard drugs. Someone convicted of a single sale of 2 ounces of
narcotics can get a decade or more behind bars.

Those mandatory minimums - and the enormous leverage they give to
prosecutors - are a big reason that New York has 21,000 inmates serving
prison time for drug offenses, with the burden falling heavily on poor
and minority defendants. Besides the human cost to nonviolent offenders,
this policy has a fiscal bite: A recent study found that the state could
save $96 million a year by being more selective in whom it locks up.
Gov. Pataki and key legislative leaders all agree on the need for a less
punitive approach, including expanded treatment.

So does the New Mexico governor, whose commission has expanded the
boundaries of the debate. Its recent report proposed eliminating all
penalties for possession of small amounts of marijuana, making other
first and second drug offenses misdemeanors that would not carry jail
time, getting rid of mandatory minimums, and making it easier to sell
syringes over the counter. At the same time, the panel called for
spending more on education, prevention and treatment. Such measures, it
said, are a more effective way to reduce drug use than incarceration.

In the United States, people addicted to tobacco or alcohol are seen to
be in need of therapy, not punishment. For many drug users, a similar
approach offers the hope of better outcomes at lower cost. The drug law
reformers in New York, New Mexico and elsewhere may not have all the
answers, but they're on the right track.