MEDICAL POT BACK AS BALLOT INITIATIVE

MEASURE WOULD EASE JAIL TIME, DISTRIBUTION

Supporters of medical marijuana are heading back to the ballot box, seeking
a state distribution network for the drug and reductions in sentences for
possession.

Opponents shouted, "I told you so!" charging that the measure is another
thinly veiled step toward decriminalization of not just marijuana, but all
drugs.

The initiative, filed Wednesday, also would require law enforcement
agencies to turn over all assets forfeited by criminals in drug cases for
use on drug prevention, treatment and anti-gang programs.

Backers, who will draw on the substantial financial resources of University
of Phoenix founder John Sperling and New York financier George Soros, said
the initiative is a reasonable attempt to change drug policy.

"People are unhappy with the drug war, and they don't want legalization,"
said Sam Vagenas of the People Have Spoken, the group that backed medical
marijuana laws in 1996 and 1998.

"They want something between legalization and what we're doing now. That's
what we're doing."

But Barnett Lotstein, a special assistant to Maricopa County Attorney Rick
Romley, called the measure a "slow but sure" step toward legalizing most
drugs in Arizona, including heroin and LSD.

"This is offensive. It is exactly what we predicted," Lotstein said. "This
is the next step toward legalization."

Supporters say the initiative would:

Mandate harsher punishments for "serious" drug offenders and remove minimum
sentences for non-violent offenders.

Establish a $500 fine for possession of 2 ounces or less of marijuana
rather than potential jail time.

Make non-violent drug offenders convicted only of possession eligible for
parole.

Vagenas said establishing a state-run distribution network for medical
marijuana is crucial to the implementation of the 1996 and 1998 laws, which
authorized doctors to prescribe marijuana.

But because federal authorities have yet to authorize doctors to prescribe
the drugs, the practical effect of the laws has not been felt. The proposal
would require the state attorney general to oversee distribution of the drug.

"Until we get medical marijuana in the sunshine, we effectively don't have
a medical marijuana law," Vagenas said.

A spokeswoman for state Attorney General Janet Napolitano declined to
comment, saying state attorneys had not seen the initiative.

Vagenas added that the changes in forfeiture laws would ensure that seized
property and money were used where they were needed: prevention and
treatment programs, but not for law enforcement.

He also argues that the courts and prisons are clogged with minor drug
offenders.

Not so, said Lotstein, who points to a recent survey that found that no
first-time drug offenders are currently in state prisons. In Maricopa
County, most first-time offenders enter a drug-diversion program and are
not prosecuted if they complete that program.

Lotstein called the forfeiture provision a red herring, saying most of the
money is already used for prevention and enforcement programs. He added
that the provisions mandating tougher sentences would also be worthless
because most serious drug felons are already receiving tough sentences.

"This is an attempt to color the initiative with a provision that would
appeal to most people" but have little effect, Lotstein said.

He also argued that most of the provisions of the initiative would apply to
all Schedule 1 drugs in Arizona. And the proposal is soft on repeat
offenders, he said.

Lotstein cited a defendant who was charged with burglary and possession of
marijuana but pleaded out of the case by admitting the possession. The
defendant could avoid jail time and receive only the $500 fine, Lotstein
said.

Sen. Marc Spitzer, chairman of the Senate Judiciary Committee, called the
proposal a "silly" step toward decriminalization. He suggested supporters
should put the larger question on the ballot and stop hiding behind issues
that are popular with the public.

"It's a little disingenuous every two years to run medical marijuana," said
Spitzer, R-north central Phoenix. "Let's have a debate on decriminalization
rather than cancer patients. That's not what they really want."

Supporters of the initiative have to collect 101,762 signatures by July 6
to qualify the measure for the November 2000 ballot.