POT BATTLE LOOMING FOR STATE

A headstrong politician and an idealistic billionaire are likely to
face off on the state ballot this fall, but they won't be fighting
for elected office.

Their battle is over marijuana.

Maricopa County Attorney Rick Romley and University of Phoenix
founder John Sperling are each working on drug-policy initiatives for
the November general election, but they have very different views on
how the state should treat people caught with pot.

Sperling and his supporters are gathering signatures for an
initiative that would decriminalize the possession of small amounts
of marijuana. Instead of facing a Class 6 felony, anyone caught with
2 ounces or less of the drug could be charged only with a civil
violation, punishable by no more than $250. The proposal would also
allow marijuana for medical purposes, with the supplies coming from
Department of Public Safety contraband.

Romley, on the other hand, wants to overrule that plan by tweaking
one of the billionaire's initiatives that was already passed into
law. Under Romley's plan, judges could send first- and second-time
drug offenders to jail if they refuse treatment. His proposal was
given preliminary approval by the state Senate on Thursday and will
go on the ballot if it passes in a final vote next week.

If voters pass both proposals, the one with the most votes will become law.

Sperling and two other investors, George Soros and Peter Lewis, have
funded 19 initiatives in states across the country, each designed to
loosen drug laws. And the trio has lost only twice.

In 1996, they passed Proposition 200 in Arizona, which says that
first- and second-time drug offenders can't be sent to jail and
allows marijuana for medical use. Two years later, voters approved a
similar law after the Legislature voided most of the original measure.

Romley says he watched Sperling's success with frustration. By law,
his office can't pay for television ads or circulate petitions, so he
had little recourse against his opponent's deep pockets. In 1998,
Sperling's group spent more than $1 million to get the 1996 law
reinstated, while Romley says he spent $35,000 from private donations.

"It's very hard to compete with these very effective ads," Romley
said. "It (my measure) is going to force them to debate this a little
more."

Sperling referred questions to Sam Vagenas, spokesman for the People
Have Spoken, the Phoenix-based group that campaigns for Sperling's
initiatives.

Romley has long opposed any efforts to reform the way drug offenders
are punished, despite what voters say, Vagenas said.

"This is another assault on the will of the people," he said. "That's
what is at issue here."

Both sides differ not just on marijuana, but on how well Proposition
200 has worked for drug offenders. They both say they believe in
treatment for first-time offenders, but Romley and some judges say
that if people refuse treatment, they're often let free.

Twenty-one percent of offenders convicted under the law in Maricopa
County never show up for treatment, Romley said. Vagenas cites an
Arizona Supreme Court study last year that says offenders under
Proposition 200 are slightly less likely to drop out of treatment
than other probationers.

The battle is likely to heat up if Romley's bill is passed next week.
Vagenas said Sperling and his supporters will campaign aggressively
against the competing measure, while still gathering the 101,762
signatures needed to get the initiative on the ballot. Romley said he
wants to be vocal in the media and raise private money.

The county attorney is deluded if he doesn't think voters want looser
penalties for having drugs, Vagenas said.

"I believe they believe this," he said. "And if it takes a third time
to do this, so be it."

Romley said he wants Sperling himself to enter the fray.

"I hope I can get John Sperling on one side of the table and me on
the other side, and let's debate what's the right thing to do," he
said.