Second Of Four Guest Columns

OUTSIDERS TARGET STATE WITH DRUG SCAM

Big bucks from outsiders will soon pour into our state to fund a drug
legalization initiative titled "Right to Treatment and Rehabilitation
for Nonviolent Drug Offenses."

The ballot initiative, which amends our state Constitution, will be
funded by three wealthy out-of-state businessmen.

This initiative violates fundamental principles of the American
system of justice, which is based upon the sound principle that a
meaningful and negative consequence should be imposed for criminal
wrongdoing.

It entirely eliminates any negative consequences for those convicted
- - not once but, twice - of possessing or purchasing drugs. This
includes all illegal drugs such as heroin, LSD, cocaine, PCP, crack
cocaine, marijuana, and Ecstasy. It eliminates punishment for
misdemeanor and felony offenses.

The proposed amendment eliminates all deterrent effects that the
criminal statutes are designed to achieve.

It eliminates meaningful restrictions on potentially dangerous drug
abusers and other offenders, which could otherwise prevent them from
influencing or victimizing others by their ongoing criminal conduct.
And, it removes the leverage that we need to shepherd addicts through
successful treatment.

This proposed ballot initiative provides a constitutional right "to
treatment and rehabilitation." When compared to the important rights
which have traditionally been granted constitutional protection,
extending a "right" to treatment and rehabilitation for those
convicted or charged with possessing or purchasing illegal drugs is a
radical and outlandish concept.

By no stretch of the imagination does a so-called "right" to
treatment and rehabilitation rise to the level of an entitlement
worthy of constitutional protection.

The drafters of the proposed amendment are attempting to create an
exclusive right that may only be enjoyed by convicted criminals.

This constitutional amendment guts judicial authority completely on
first and second offenses and will destroy our effective drug courts.
Further, it specifically states that a judge may allow a criminal
convicted of multiple offenses to elect to receive treatment rather
than incarceration or even sentencing.

One can only speculate how many times a person can be "rehabilitated"
under this system. This initiative provides a ready loophole for drug
dealers and distributors. By making a large number of small purchases
and arguing that they were not made as part of "the same criminal
episode," they could assert their "right" to treatment.

Finally, this constitutional amendment, if enacted, will foster
complex and costly litigation over the meaning of its terms because
it is full of critical phrases which are not clearly defined. And, in
the end it will be hardworking, law-abiding Floridians who will pay
for this debacle.