First Of Four Guest Columns

PROPOSAL IS A FREE PASS FOR ABUSERS

The proposed constitutional amendment, "Right to Treatment and
Rehabilitation for Nonviolent Drug Offenses," would be more accurately
titled "Right to Abuse Drugs."

It legalizes, de facto, the possession, purchase and use of all drugs -
crack cocaine, heroin, methamphetamines, marijuana, cocaine, Ecstasy and
otherwise controlled pharmaceuticals such as the powerful and deadly
oxycodone and fentanyl.

Although the wording of the proposed amendment indicates such legalization
applies only to first and second offenses, it allows that any number of
drug possessions and purchases can be linked together during a "single
criminal episode" to qualify as a single offense.

This provision stands the law on its head by creating a free pass for the
repeated commission of felonies occurring with the purchase, possession and
use of Schedule I controlled substances listed in Florida Statute section
893 (i.e., dangerous and illegal drugs).

Law enforcement most likely would be confounded in its attempt to prohibit
drug felonies for purchase and possession, since there would be no
consequences on the offender for a lawful arrest. The magical "third"
offense would never occur, for the first two offenses arrests would be
discounted.

Moreover, the proposed amendment defeats its own stated purpose by
undermining successful treatment by removing any sense of personal
responsibility for the individual being treated.

Treatment is defined as a "right;" indeed, use of the word "right" is
stressed and repeated throughout the length of the amendment.

While the taxpayer is given an obligation to pay for treatment, the drug
abuser is held to no requirement to refrain from using drugs or to see
treatment through to successful completion.

Successful outcomes are not demanded and therefore, I can only conclude,
not expected. The offender needs only to put in his or her time without
concern for the outcomes. As the amendment reads, success or 18 months -
"whichever comes first" - is the only requirement necessary to permit the
individual to be excused from prosecution, sentencing or continuing court
supervision.

In this manner, the amendment would render moot the entire Florida drug
court system by removing the strong incentives of the criminal justice
system to stay the course, as there would be no penalties for failure.

An offender may demand treatment as a right at any time, from the moment of
being charged with the offense through conviction and sentencing. In so
doing, at one fell swoop the ability of the drug court to monitor or
supervise the progress of the "client" is removed.

What's left is an unfunded mandate that will lead to increased crime in
Florida while ensuring that fewer of our addicted population receive
effective treatment. The proposed amendment ignores in its entirety both
the richness and effectiveness of Florida's drug court system and the
substantial increases (over $100 million) in treatment funding for Florida
over the past two years.

This is a cynical, imported ballot initiative that would normalize the use
of drugs, confound the law in any attempt to curtail drug abuse and its
felonious consequences, and remove the one element from treatment that all
professionals agree is needed for success: strong incentive to get clean of
drugs and stay clean.